Additional Coverage:
Washington—In 2010, Supreme Court Justice Clarence Thomas reportedly failed to disclose his travels on a private jet owned by Republican megadonor Harlan Crow, according to a letter from Democratic Senator Ron Wyden of Oregon, the chairman of the Senate Finance Committee. The letter, which was sent on Monday, highlights that according to records from U.S. Customs and Border Protection, Thomas and his wife, Ginni, traveled from Hawaii to New Zealand on Crow’s jet in November 2010 and made the return trip a week later, with Crow also listed on the flight manifest.
It has come to light that these travels were not reported on Thomas’s obligatory annual financial disclosure forms. Senator Wyden has expanded his inquiry beyond the 2010 flights, seeking further details about other trips on Crow’s yacht, the Michaela Rose, along with additional financial documentation.
Michael Zona, a spokesperson for Harlan Crow, responded saying the inquiries have no legal foundation and are aimed at harassing Crow, criticizing Sen. Wyden’s approach as an abuse of power to run a politically-driven agenda against the Supreme Court. Zona maintained that Crow and his businesses comply with IRS regulations and follow tax laws based on counsel from reputable national accounting firms.
Justice Thomas, while not immediately available for comment, has noted compliance with updated personal hospitality guidelines issued by the Judicial Conference in March 2023. His financial disclosures for 2023 include past trips on Crow’s private jet and time spent at Crow’s Adirondacks property. He also disclosed a 2014 real estate deal with Crow, publicly revealed by ProPublica last year.
However, these revelations have not fully satisfied Senate Democrats, who allege undisclosed trips by Thomas aboard Crow’s jet to destinations including Montana and Georgia between 2017 and 2021. Senator Wyden specifically seeks clarity on whether Crow benefitted tax-wise from these luxuries afforded to Thomas.
Senator Wyden expressed grave concerns about the possibility of Crow lavishing gifts on a public official and potentially mitigating his tax liabilities through such actions. He urged Crow to clarify the tax implications of his generosity toward Justice Thomas.
In light of these controversies, congressional Democrats, bolstered by these disclosures, have pushed for Supreme Court reforms. President Joe Biden recently proposed three major reforms, including 18-year term limits for justices and a binding code of conduct, which would require legislative approval.
Following the uproar, the Supreme Court implemented ethics rules in November without an enforcement mechanism. Nonetheless, in response to Senator Wyden’s findings, White House spokesperson Andrew Bates reaffirmed the need for Congress to enact a code of conduct for the Supreme Court, emphasizing that the high court should not be held to the “lowest ethical standards,” and highlighting the importance of addressing conflicts of interest.