In a Monday letter to Senator Dick Durbin (D., Ill.), a lawyer for Harlan Crow rebuffed the Judiciary chairman’s request for an itemized list of all gifts, payments, and items of value exceeding $415 to Clarence Thomas and any other Supreme Court justice.
Crow, a real estate developer and personal friend of Thomas, has been closely scrutinized by Democrats and several media outlets that have suggested there is something improper about their relationship. Both Crow and Thomas have denied this is the case, and the justice has asserted he’s always followed disclosure rules. The Senate Judiciary and Finance committees are now looking into Crow — inquiries that Crow’s lawyer thinks lack a valid legislative purpose.
“Congress does not have the constitutional power to impose ethics rules and standards on the Supreme Court. Doing so would exceed Congress’s Article I authority and violate basic separation of powers principles. That precludes the Committee from pursuing an investigation in support of such legislation,” wrote Michael Bopp of Gibson Dunn.
“Separately, the Committee has not identified a valid legislative purpose for its investigation and is not authorized to conduct an ethics investigation of a Supreme Court Justice,” he added.
Crow’s attorney previously wrote to Senator Ron Wyden (D., Ore.), chairman of the Finance committee, declining a separate request for further information. In response, Wyden accused Crow of stonewalling and said he is considering further action.
Durbin had a similar response to his colleague. “Harlan Crow believes the secrecy of his lavish gifts to Justice Thomas is more important than the reputation of the highest court of law in this land. He is wrong,” Durbin said, as quoted in the Hill.
Democrats have spearheaded a number of legislative proposals to force the adoption of an ethics code. Separately, key members of the caucus have considered using Congress’s power of the purse to force the Supreme Court’s hand. This is despite the fact the Court has had to ask for an increased budget due to growing security issues.
In his Monday letter, Crow’s attorney asserted that Durbin’s real target is Thomas and that “special and unwarranted opprobrium” is being reserved for the justice.
“It is clear that the Committee’ investigation is part of a larger campaign to target and intimidate Justice Thomas and unearth what the Committee apparently believes will be embarrassing details of the Justice’s personal life. Those goals do not authorize the Committee to conduct a congressional ethics investigation of Justice Thomas,” Bopp wrote.
Durbin was previously rebuffed by Chief Justice John Roberts, who declined his invitation to appear before the committee.
“Testimony before the Senate Judiciary Committee by the Chief Justice of the United States is exceedingly rare, as one might expect in light of separation of powers concerns and the importance of preserving judicial independence,” wrote Roberts. All nine justices have also reaffirmed their voluntary commitment to ethical principles that guide the body.
The Illinois senator will consider further action after Crow’s response.
“The Committee will respond more fully to this letter in short order, and will continue to seek a substantive response to our information requests in order to craft and advance the targeted ethics legislation needed to help restore trust in the Supreme Court,” Durbin said.