Senators seek special counsel for Clarence Thomas' gifts

Democrats called for a criminal investigation of the Supreme Court justice

MoveOn truck highlights Justice Clarence Thomas' ethical issues
The conservative justice has received free luxury vacations, plane travel and other gifts
(Image credit: Leigh Vogel / Getty Images for MoveOn)

What happened

Sens. Ron Wyden (D-Ore.) and Sheldon Whitehouse (D-R.I.) said Tuesday they had asked Attorney General Merrick Garland to appoint a special counsel to investigate Supreme Court Justice Clarence Thomas and benefactors who showered him with free luxury vacations, plane travel, evidently forgiven debts and other gifts.

Who said what

In a July 3 letter to Garland, Wyden and Whitehouse called for a criminal investigation into the "strong possibility of multiple federal ethics, tax and false statement violations" by the conservative justice. "We do not make this request lightly," they wrote. "The evidence assembled thus far plainly suggests that Justice Thomas has committed numerous willful violations" of federal laws. Two days before the senators sent their letter, CNBC said, Thomas, in a "pivotal court ruling, questioned whether the DOJ has the power to even appoint a special counsel."

What next?

The Justice Department has the legal authority to appoint a special counsel to investigate Thomas, but "inevitably it would be seen as political retribution for rulings the justices made that they don't like," Jeremy Fogel, the director of the Berkeley Judicial Institute, said to The Washington Post. "I just don't know how you get out of that box."

Subscribe to The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE
https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up
Rafi Schwartz, The Week US

Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.