WASHINGTON (CN) — New reporting on Thursday unveiled Justice Clarence Thomas’ billionaire-funded off-the-bench activities, painting a picture of a justice whose life more closely mirrors those who paid for his lifestyle than the “regular stock” he has claimed to gravitate towards.
In the latest account of the George H.W. Bush appointee’s undisclosed lavish gifts from wealthy and powerful individuals, ProPublica reports that Thomas has received at least 38 destination vacations, 26 private jet flights, 12 VIP passes to professional and college sporting events, two stays at luxury resorts and a standing invitation to an exclusive golf club.
According to the information reviewed by ProPublica, the total value of the gifts given to Thomas by conservative benefactors likely reaches into the millions, providing him with a lifestyle beyond the means of his income.
The reporting reveals new information to the public because none of these gifts has been reported on Thomas’ disclosure forms. Disclosure laws require reporting on all gifts over $415.
“What's so troubling is that there were clear requirements in the law for him to disclose certain types of gifts and clearly most of these gifts should have been disclosed,” Virginia Cantor, a former government ethics lawyer who worked in the Obama and Clinton administrations and now works at the ethics watchdog CREW, said in a phone interview.
Not all of the luxuries would have fallen under federal disclosure laws, such as stays at personal homes.
This is not the first time Thomas has faced scrutiny for failing to disclose gifts from his billionaire friends. Republican megadonor Harlan Crow has reportedly paid for Thomas’ private jet flights and yacht trips. Crow also funded Thomas’ grandnephew’s education.
It appears Crow is not Thomas’ only generous acquaintance. David Sokol, a former top executive at Berkshire Hathaway, reportedly took Thomas on a Labor Day weekend trip in 2019 where the justice traveled on a private jet and received VIP treatment at football and volleyball games.
Thomas and his wife, Ginni Thomas, not only got to enjoy box seats at the home opener of the University of Nebraska-Lincoln but also walked out of the tunnel before kickoff and stood on the sidelines during the marching band’s performance at halftime. The football skybox where Thomas got to watch the games usually costs $40,000 annually.
Following the university visit, Sokol reportedly flew the Thomases to his private ranch outside of Jackson Hole, Wyoming. Mark Paoletta, who was serving as general counsel to the Office of Management and Budget at the time, was also in attendance on the trip. Paoletta and his wife reportedly serenaded Thomas with a song they wrote about him.
Paoletta did not disclose the trip on his financial filings either but told ProPublica he reimbursed Sokol.
Thomas also reportedly received gifts from oil tycoon Paul “Tony” Novelly. The billionaire hosted the Thomases on one of his yachts, Le Montrachet — a 126-foot luxury vessel that costs $60,000 a week to charter.
In July, The New York Times revealed Thomas’ connections to the Horatio Alger Association — an exclusive group made up of some of the country’s wealthiest people. Although the association was named after a rags-to-riches novel, Alger was a minister who resigned after being accused of molesting boys.
Thomas met Sokol and H. Wayne Huizenga through the association. Huizenga, who founded Waste Management and was an owner of Blockbuster, allowed Thomas to use his personal 737 for trips to South Florida — a flight worth at least $130,000 if Thomas were to have paid for it himself. Thomas also reportedly flew on Huizenga’s helicopters.
Huizenga extended Thomas a standing invitation to an exclusive golf club he owned in the early 2000s. A members-only course, the Floridian hosted powerful names like Rush Limbaugh, Michael Bloomberg and former Vice President Dan Quayle. Former employees told ProPublica that Donald Trump was denied membership to the club.
Experts who reviewed ProPublica’s reporting referred to the breadth of Thomas’ disclosure lapses as unprecedented.
“It sends the message that these very wealthy benefactors, by extending him gifts, have tremendous influence,” Cantor said.
Thomas has previously defended his disclosure lapses by claiming his stays at luxury resorts owned by his friends or private jet flights were not required by disclosure laws. Ethics experts have disputed this assessment.
It does not appear that any of the billionaires in ProPublica’s reporting have direct connections to cases that would have come before Thomas. The benefactors have said they never talked about cases during their time with Thomas either; however, ethics experts say that does not diminish the impact of their generosity.
“This doesn't hold water because when you're giving people gifts that could have over time been in excess of a million dollars, you don't need to talk about individual cases,” Cantor said.
Court watchers warn the picture painted by Thomas repeatedly being treated to luxuries only accessible to the wealthy and powerful behind closed doors undermines his credibility.
“He's supposed to be independent and impartial, and he's supposed to apply the laws equally as to rich and poor,” Cantor said. “But, when it looks so much like he's in the pocket of the wealthy, it just seems you just can't in any way be confident that this man has the requisite impartiality and independence that one would expect.”
Thomas delayed filing his 2022 financial report, which is now expected sometime next month.
Although they are bound by federal disclosure laws like other judges, the justices do not follow an official ethics code. The justices have suggested they consult the code followed by lower court judges.
Last month the Senate Judiciary Committee passed an ethics bill for the high court in a vote split along party lines. Although Democrats hold a majority in the Senate, it appears unlikely the bill would have enough support in the Republican-led House.
Justice Samuel Alito recently opined that an ethics code for the justices from Congress would be unconstitutional. Justice Elena Kagan refused to specify her thoughts on an issue that might come before the court but suggested the high court has discussed implementing its own ethics code. All the justices signed onto a statement of ethical principles that they are already supposed to follow.
Follow @KelseyReichmann
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
Additional Reads
-
-
Haiti transitional council sworn in after months of violence April 25, 2024