Two Democratic Senators Ask Attorney General To Appoint Special Counsel To Investigate Supreme Court Justice Clarence Thomas For Tax & Ethics Crimes

Two Democratic Senate committee leaders called for the Department of Justice to appoint a special counsel to investigate potential violations of federal tax and ethics laws by Supreme Court Justice Clarence Thomas.

The letter, sent by Senate Finance Committee Chair Ron Wyden (D-Oregon) and Sen. Sheldon Whitehouse (D-Rhode Island), who leads a subcommittee on federal courts, alleges that “the evidence assembled thus far plainly suggests that Justice Thomas has committed numerous willful violations of federal ethics and false-statement laws.” Wyden and Sheldon also raised concerns about whether Thomas and his “wealthy benefactors” have complied with their federal tax obligations.

The allegations stem from public reports and the senators’ own investigation, which they claim indicates that Thomas has “secretly accepted gifts and income potentially worth millions of dollars” since he joined the Supreme Court in 1991. This, the senators argue, constitutes a violation of the Ethics in Government Act.

Notably, just two days before the letter was written Thomas himself questioned the Department of Justice’s authority to appoint a special counsel.

Thomas’ skepticism came in a statement which concurred with a majority ruling that former presidents hold absolute immunity for some of their core actions while in office, and “at least presumptive immunity” for all other official acts. The 6-3 ruling was regarded as a win by former President Donald Trump, who had argued that he was immune from prosecution in the federal election interference case being prosecuted by special counsel Jack Smith.

Thomas wrote in his concurrence, “If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution. A private citizen cannot criminally prosecute anyone, let alone a former President.”

The court’s ruling was strongly opposed by the court’s three liberal justices and Thomas’ support threatened to delay or weaken both of Smith’s active criminal cases against Trump.

This latest development adds to the ongoing scrutiny that surrounds the integrity and ethical conduct of the Supreme Court, particularly in light of the court’s recent controversial decisions. The call for a special counsel investigation underscores the growing concerns about potential conflicts of interest and transparency issues within the highest court of the land.