Monday, June 20, 2011

So How's Clarence Thomas Doing?

You know, while Anthony Weiner was busy getting drilled out of Congress, at the time he was asking uncomfortable questions about Supreme Court Justice Clarence Thomas and his massive conflict of interest problems.  Now, finally, the Village may be starting to pay attention to the Thomas story and his continuing ethical challenges with folks like Harlan Crow.


Mr. Crow, 61, manages the real estate and investment businesses founded by his late father, Trammell Crow, once the largest landlord in the United States. The Crow family portfolio is worth hundreds of millions of dollars and includes investments in hotels, medical facilities, public equities and hedge funds.

A friend of the Bush family, Mr. Crow is a trustee of the George Bush Presidential Library Foundation and has donated close to $5 million to Republican campaigns and conservative groups. Among his contributions were $100,000 to Swift Boat Veterans for Truth, the group formed to attack the Vietnam War record of Senator John Kerry, the 2004 Democratic presidential candidate, and $500,000 to an organization that ran advertisements urging the confirmation of President George W. Bush’s nominees to the Supreme Court.

Mr. Crow has not personally been a party to Supreme Court litigation, but his companies have been involved in federal court cases, including four that went to the appellate level. And he has served on the boards of two conservative organizations involved in filing supporting briefs in cases before the Supreme Court. One of them, the American Enterprise Institute, with Mr. Crow as a trustee, gave Justice Thomas a bust of Lincoln valued at $15,000 and praised his jurisprudence at an awards gala in 2001.

The institute’s Project on Fair Representation later filed briefs in several cases, and in 2006 the project brought a lawsuit challenging federal voting rights laws, a case in which Justice Thomas filed a lone dissent, embracing the project’s arguments. The project director, an institute fellow named Edward Blum, said the institute supported his research but did not finance the brief filings or the Texas suit, which was litigated pro bono by a former clerk of Justice Thomas’s. 

It gets worse from there.   Harlan Crow has made an awful lot of donations to Clarence Thomas's pet projects, and in turn Thomas has just happened to side with Crow and his friends on more than a few occasions.

But the real problem is how the Supreme Court is exempt from many of the same ethics rules that apply to federal judges.

The justices are not bound by the federal judiciary’s conduct code, because it is enforced by a committee of judges who rank below the justices. Even so, Justices Breyer and Anthony M. Kennedy said in testimony before Congress in April that the justices followed the code.

Beyond the code, the justices must comply with laws applying to all federal officials that prohibit conflicts of interest and require disclosure of gifts. Justice Thomas’s gift acceptances drew attention in 2004, when The Los Angeles Times reported that he had accumulated gifts totaling $42,200 in the previous six years — far more than any of the other justices.


So we have to simply take their word for it.  And Clarence Thomas keeps taking gifts.  Soon after Anthony Weiner started raising a stink about this, his career ended precipitously.  It seems somebody finally senses a real story here.

Maybe.

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