Sens. Sheldon Whitehouse and Ron Wyden have called on Attorney General Merrick Garland to appoint a special counsel to investigate whether Supreme Court Justice Clarence Thomas violated federal ethics and tax laws by previously failing to disclose luxury trips, gifts, and a purportedly forgiven loan.

In a letter sent last week, Whitehouse (D-RI) and Wyden (D-OR) requested an investigation into possible violations of the Ethics in Government Act by Justice Thomas, as the Washington Examiner reports.

The senators referenced news reports that Thomas had failed to disclose luxury trips and gifts received over the past 20 years in their statement of concern.

Alleged Ethics Violations Spark Concern

The Ethics in Government Act requires public servants to report gifts and income from outside sources. Violations of this act can lead to criminal charges for knowingly and willfully failing to file or report such information. The senators expressed concern that Thomas might have breached these regulations.

"The breadth of the omissions uncovered to date, and the serious possibility of additional tax fraud and false statement violations by Justice Thomas and his associates, warrant the appointment of a Special Counsel to investigate this misconduct," wrote the lawmakers.

The letter highlighted the possibility of tax fraud and false statement violations, suggesting that Thomas's nondisclosure could be part of a broader pattern of unethical behavior. This call for investigation is part of a broader push for stricter ethical standards for Supreme Court justices.

Thomas's Response to Allegations

Justice Thomas has defended his actions, stating that he was not required to report gifts from friends on his financial disclosures. "Early in my tenure at the Court, I sought guidance from my colleagues and others in the judiciary, and was advised that this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable," Thomas said in April 2023.

Despite this defense, the allegations include more than just undisclosed trips and gifts. Thomas is also accused of not paying taxes on a loan used to buy a motorhome, which was allegedly forgiven. Investigators from Wyden's office claimed that the loan was forgiven, raising questions about whether it was reported in his tax records.

Thomas's lawyer has contested these claims, arguing that the loan was not forgiven and that Thomas had met its terms. However, the lack of clear documentation has fueled further scrutiny and suspicion.

Senators Push for Clarity on Financial Disclosures

Whitehouse and Wyden emphasized the need for transparency and accountability in their letter. "Justice Thomas failed to clarify whether or why he failed to report hundreds of thousands of dollars in forgiven debt on his federal income tax returns and pay the income taxes owed," the senators wrote.

The senators' letter underscores the importance of accurate financial reporting and the potential consequences of failing to comply with these requirements. They argue that the discrepancies in Thomas's financial disclosures justify a thorough investigation.

"We submit that the facts we have developed, combined with strategically evasive answers, creates prediction for further investigation by relevant authorities," the Democratic senators added. This statement reflects their belief that only a detailed inquiry can resolve the questions surrounding Thomas's actions.

Partisan Divide on Judicial Ethics

The call for a special counsel comes amid a broader debate over judicial ethics. Members of Congress have been advocating for a stricter code of ethics for Supreme Court justices. However, this push has turned into a partisan issue, with Republican lawmakers generally opposing such measures.

Republicans argue that existing rules are sufficient and that additional regulations could undermine judicial independence. In contrast, Democrats contend that stricter standards are necessary to ensure transparency and maintain public trust in the judiciary.

The tension between these viewpoints reflects broader political divisions, with each side prioritizing different aspects of judicial accountability and independence.

Conclusion

The request from Sens. Whitehouse and Wyden for a special counsel to investigate Justice Clarence Thomas highlights ongoing concerns about ethics and transparency within the judiciary.

The allegations against Thomas, including the nondisclosure of luxury trips, gifts, and a potentially forgiven loan, raise serious questions about compliance with federal ethics and tax laws.

As the debate over judicial ethics continues, the outcome of this investigation could have significant implications for the standards applied to Supreme Court justices and public officials more broadly.