Senate Democrats are planning to subpoena mega-donor Harlan Crow and conservative activist Leonard Leo to inquire about their involvement in organizing and funding luxurious benefits for hard-right wing justices on the US Supreme Court. This move by the Democrats on the Senate judiciary committee was announced on Monday, amidst growing controversy surrounding justices Clarence Thomas and Samuel Alito. The justices have been accused of accepting and not disclosing free travel and other favors from influential individuals.
In response to the ethical controversies surrounding the Supreme Court, calls for the adoption of an ethics code have intensified. Three of the nine justices have already publicly endorsed this proposal. The concern is that outside influence may corrupt the court.
The Senate judiciary committee is expected to authorize Illinois senator Dick Durbin, the committee’s chairman, to issue subpoenas to Crow, Leo, and another wealthy donor, Robin Arkley II. Crow has been revealed as a long-time supporter of associate justice Clarence Thomas, providing him with annual vacations, purchasing property, and contributing to private schooling expenses. Leo, an executive at the Federalist Society, worked closely with former President Donald Trump to influence the court and nominate ultra-conservative judges. Arkley arranged and funded a private jet trip for Justice Alito in 2008.
The committee’s investigation into the undisclosed travel of the justices has been met with resistance from both Arkley and Leo. Crow offered limited information, which fell short of the committee’s needs. In response to the subpoena, Crow’s office labeled it politically motivated, while Leo condemned it as an attempt to undermine the Supreme Court.
The Senate judiciary panel previously approved legislation in July, aiming to establish stronger ethics standards for the justices. The bill includes transparency requirements for recusals, gifts, and conflicts of interest. However, due to Republican opposition and control of the House of Representatives, the bill’s chances of becoming law are slim.
In addition to the judiciary committee, Democrats on the Senate finance committee conducted a separate investigation into the $267,000 loan that allowed Justice Thomas to purchase a luxury motorcoach. The committee discovered that the loan, provided by Anthony Welters, a close friend, appeared to have been largely forgiven after Thomas only made interest payments over a span of nine years.
Durbin and Whitehouse, in a joint statement, expressed concern over the Supreme Court’s ethical crisis and the justices’ relationships with wealthy individuals with business before the court. The committee’s inability to obtain information voluntarily from Crow, Leo, and Arkley has led to the decision to seek compulsory process through subpoenas. It is suggested that the chief justice could resolve the issue by adopting a binding code of conduct.
