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Senate Dems seek more info from Harlan Crow after Clarence Thomas reports

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SEN. PADILLA: THE HIGHEST COURT IS TRYING TO ABIDE BY THE LOWEST ETHICAL
STANDARDS

06:04



SENATE DEMS SEEK MORE INFO FROM HARLAN CROW AFTER CLARENCE THOMAS REPORTS

The Judiciary Committee appears to be actually investigating the Supreme Court’s
ethical swamp.
May 9, 2023, 8:53 PM UTC

By Jordan Rubin

The Senate Judiciary Committee isn’t subpoenaing Supreme Court justices to learn
more about the court’s ethical failings. But committee Democrats appear to be
doing the next best thing: seeking information directly from Harlan Crow, the
GOP billionaire whose years of lavish gifts to Clarence Thomas weren’t disclosed
by the justice.

To be sure, it’s a letter to Crow, not a subpoena. But it’s a start.




That letter, dated Monday, asks the Republican megadonor for itemized lists of
gifts, real estate transactions, and other detailed information related to his
dealings with any of the Supreme Court justices or their family members.
Committee Democrats, led by Sen. Dick Durbin, D-Ill., noted in their letter to
Crow that recent investigative reporting has “identified multiple instances in
which you or entities you own or control have made payments, purchased real
estate, or provided gifts, travel, or other items of value to Supreme Court
Justice Clarence Thomas and members of his family.”

Monday's letter comes after Chief Justice John Roberts declined Durbin's
invitation to testify at a Senate hearing on Supreme Court ethics last week, and
Thomas wasn't even invited.

The letter gives Crow a May 22 deadline, raising the question of what Durbin
will do if the billionaire doesn’t comply. A natural next step would be a
subpoena, which the committee chair has said he couldn't get in the absence of
his colleague Dianne Feinstein, D-Calif., who has been out of Washington for
health reasons. However, NBC News reported Tuesday that she is returning to the
Senate this week. Her signature is on Monday’s letter alongside her Democratic
committee colleagues.

Even with Feinstein back, it’s unclear how the next phase of a showdown would
play out. And we may have reason to expect a showdown, given that Crow on Monday
attempted to bat away an inquiry from the Senate Finance Committee.



But for now, the next move in the Judiciary Committee, it seems, is up to Crow.

Subscribe to the Deadline: Legal Blog newsletter for weekly updates on the top
legal stories, including news from the Supreme Court, the Donald Trump
investigations and more. 


Jordan Rubin

Deadline: Legal Blog writer

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