Justice Clarence Thomas Could Be Probed By Feds Over Undisclosed Gifts From Billionaire, Ex-FBI Deputy Director Says

Supreme Court Justice Clarence Thomas may be the subject of a federal investigation about undisclosed gifts from Republican donors, former FBI Deputy Director Andrew McCabe said.

In response to press reports, Democratic lawmakers have called for increased oversight of the Supreme Court. Sens. Sheldon Whitehouse and Ron Wyden formally requested an ethics investigation from U.S. Attorney General Merrick Garland in July, which specifically cited a $267,000 loan Thomas secured to purchase a luxury motor home in 1999, which went unreported at the time.

The letter from Whitehouse and Wyden raised concerns about potential tax violations related to the luxury motor coach loan. Reports indicate that Thomas never repaid the loan, which has sparked questions regarding whether he disclosed its apparent forgiveness on his tax returns, as mandated by law.

This criticism follows revelations that Thomas failed to disclose significant travel expenses and gifts from wealthy acquaintances, such as notable GOP donor Harlan Crow. Reports by ProPublica in April 2023 indicated that the total value of these gifts could reach millions.

In a recent episode of the podcast Jack, which discusses Department of Justice (DOJ) investigations, McCabe elaborated on the conditions under which a federal investigation could be initiated.

“There’s no law preventing the DOJ from doing this,” McCabe said, noting that if evidence suggests a federal crime has occurred or a national security threat exists, the FBI can commence a thorough investigation.

McCabe explained the complexities involved in obtaining tax records during a criminal investigation and highlighted that the IRS has specific jurisdiction over such matters. “You don’t just go to IRS and say, ‘Hey, give me this dude’s records,’ like you basically can do with any other government record,” he said. “You actually have to have an order from a federal judge requiring the IRS to hand it over.”

McCabe pointed out that Thomas’ possible omission of the loan in his financial disclosures may not constitute a federal criminal violation unless Congress enacts specific legislation that requires such disclosures. He characterized the senators’ letter as potentially more political than substantive, given the intricate nature of the allegations against Thomas.

Legal experts have suggested that it is improbable that Garland would sanction an investigation into the Justice, despite arguments for its merit.