WASHINGTON, DC - OCTOBER 21: (L-R) Associate Supreme Court Justice Clarence Thomas sits with his wife and conservative activist Virginia Thomas while he waits to speak at the Heritage Foundation on October 21, 2021 in Washington, DC. Clarence Thomas has now served on the Supreme Court for 30 years. He was nominated by former President George H. W. Bush in 1991 and is the second African-American to serve on the high court, following Justice Thurgood Marshall. (Photo by Drew Angerer/Getty Images)
Supreme Court Justice Clarence Thomas could face a federal investigation over undisclosed gifts from Republican donors, according to former FBI Deputy Director Andrew McCabe.
Thomas has been under increased scrutiny following reports that he failed to disclose luxury travel expenses and other gifts from wealthy friends, including GOP donor Harlan Crow. These gifts, which are valued at millions of dollars, were first brought to light by ProPublica in April 2023.
In response to these revelations, Democrats have intensified calls for stricter oversight of the Supreme Court. Sens. Sheldon Whitehouse (D-Rhode Island) and Ron Wyden (D-Oregon) urged U.S. Attorney General Merrick Garland in a July letter to initiate an ethics investigation into Thomas. They specifically requested an inquiry into a $267,000 loan Thomas used to purchase a luxury motor coach in 1999, which was not disclosed by Thomas.
During a recent episode of the Jack podcast, which examines Department of Justice investigations into former President Donald Trump, McCabe discussed the potential for a federal probe into Thomas. He explained that the FBI could launch a full investigation if evidence suggests a federal crime has occurred or if there is a potential threat to national security.
McCabe emphasized that the Department of Justice (DOJ) is responsible for investigating and prosecuting violations of federal law, noting that an investigation into Thomas would fall within the DOJ’s authority, though it would be highly controversial.
Whitehouse and Wyden’s letter also raised concerns about potential tax violations related to the luxury motor coach loan. According to Wyden’s office, Thomas did not repay the loan, leading to questions about whether the justice properly reported the loan’s forgiveness on his tax returns, as required.
McCabe pointed out that while the Internal Revenue Service (IRS) has the authority to investigate such tax-related matters, obtaining an individual’s tax records for a criminal investigation is complex. He noted that investigators would need a federal judge’s order to access those records.
Despite the calls for an investigation, legal experts remain skeptical that Garland will take action against Thomas. While the Democrats have a strong basis for pursuing an investigation, they worry that it could jeopardize public confidence in the DOJ.
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