Photo: Samuel Corum/NBC News
Senate Democrats on the Judiciary Committee have made a significant move, announcing their intent to seek subpoenas for three influential conservative figures central to the panel’s investigation into Supreme Court ethics.
In a joint statement issued by Committee Chairman Dick Durbin of Illinois and Sen. Sheldon Whitehouse, who chairs the subcommittee on federal courts and oversight, it was revealed that the panel had previously made inquiries to GOP donors Harlan Crow and Robin Arkley II, along with judicial activist Leonard Leo. These inquiries were deemed “critical” to their ongoing investigation, prompted by a series of news reports regarding conservative justices who allegedly accepted gifts and trips from billionaires without proper disclosure. With refusals to comply or the provision of limited information in response to their inquiries, the senators concluded that subpoenas were now necessary.
In their statement, Durbin and Whitehouse voiced their concerns about the justices’ acceptance of lavish, undisclosed gifts, asserting that it allowed wealthy benefactors and individuals with business before the Court to gain private access to the justices while circumventing public scrutiny. They emphasized the importance of understanding the full extent to which such undisclosed gifts enable private access to the justices for individuals with interests before the Court.
A committee spokesperson disclosed that the vote to authorize the subpoenas is likely to be scheduled for November 9, with Republicans on the committee potentially seeking a customary one-week delay, a standard practice for the minority party. Notably, a separate vote by the full Senate is not required to authorize these subpoenas.
In recent months, reports from outlets like ProPublica raised concerns about Justice Clarence Thomas accepting trips funded by billionaire donor Harlan Crow, and Justice Samuel Alito participating in an undisclosed fishing trip to Alaska in 2008 with Robin Arkley, a trip coordinated by Leonard Leo. While Alito defended his actions in an opinion piece, Justice Thomas later disclosed the trips.
In response to the committee’s pursuit of a subpoena, Crow’s office labeled it an “unnecessary, partisan, and politically motivated” move, contending that it disregarded Crow’s genuine attempts at finding a reasonable compromise that respected both sides. Crow’s statement emphasized the Committee’s disregard for serious constitutional and privacy concerns raised in the process.
Leonard Leo, in his response to the planned subpoena vote, expressed his steadfast refusal to bow to what he characterized as “vile and disgusting liberal McCarthyism” aimed at undermining the Supreme Court. Meanwhile, there was no immediate response from Arkley’s company to requests for comment.
The announcement of the subpoena vote marks a significant escalation by Senate Democrats in their campaign for the Supreme Court to adopt a code of conduct. The statement from Durbin and Whitehouse conveyed their belief that the Chief Justice, John Roberts, has the authority to rectify the issue by adopting a binding code of conduct. However, his refusal to act has prompted the Judiciary Committee to take matters into its own hands.
In July, the committee advanced a bill to the full Senate that would mandate the high court to adopt a code of conduct, establish mechanisms for investigating alleged violations, and strengthen recusal requirements. To date, the bill has not been brought to the Senate floor for a vote.
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