Judicial Body Declines DOJ Referral for Justice Thomas Ethics Inquiry

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A U.S. judicial policymaking body on Thursday rejected Democratic lawmakers’ request to refer Supreme Court Justice Clarence Thomas to the Justice Department over alleged failures to disclose gifts and travel from a wealthy benefactor.

The U.S. Judicial Conference secretary cited Thomas’s amended financial disclosure reports addressing issues raised by Senator Sheldon Whitehouse and Representative Hank Johnson. Thomas claimed he had been advised such “personal hospitality” need not be reported but promised future compliance starting with his 2022 filings, submitted in August 2023.

The Conference also declined a similar referral against Justice Ketanji Brown Jackson after she amended her own reports. Jackson’s omissions had been flagged by the conservative Center for Renewing America, led by Russell Vought, a Trump administration official.

Whitehouse criticized the decision on Thomas, accusing the judiciary of failing its duty to uphold ethical standards. His April 2023 request followed reports that Thomas accepted undisclosed luxury travel and gifts from Texas billionaire Harlan Crow.

Judicial Conference Secretary Judge Robert Conrad noted the judiciary had updated financial disclosure rules in 2023, clarifying exemptions for personal hospitality. He affirmed that Thomas had followed the new guidance.

Conrad cited “constitutional questions” about the Conference’s authority to refer cases to the DOJ and noted lawmakers had already requested Attorney General Merrick Garland to appoint a special counsel for the matter.

Neither Thomas, Jackson, nor the Center for Renewing America responded to requests for comment.

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