The Ethics in Government Act

Pro Publica reports Clarence Thomas’s “explanation.”

In response to a ProPublica report, Thomas explained why he did not disclose lavish travel provided by billionaire Harlan Crow. But legal experts maintain the justice was required to make these disclosures.

You might think that because he’s on the Supreme Court he’s more of a legal expert than these legal experts who say what he doesn’t like. But that’s not the case. The appointments of justices are political, and presidents don’t necessarily choose the most expert experts. To put it mildly. Clarence Thomas was most definitely not Bush’s pick because of his expertise.

But seven legal ethics experts consulted by ProPublica, including former ethics lawyers for Congress and the White House, said the law clearly requires that gifts of transportation, including private jet flights, be disclosed. If Thomas is arguing otherwise, the experts said, he is incorrect.

A Supreme Court spokesperson did not immediately respond to questions for Thomas about the specifics of the advice he was given or who he consulted.

And probably never will.

ProPublica’s story Thursday revealed that Thomas had taken international cruises on Crow’s superyacht, flown on Crow’s private jet and regularly vacationed at Crow’s private resort in the Adirondacks. In one instance, Thomas flew on Crow’s jet from Washington Dulles airport to New Haven, Connecticut, then flew back three hours later.

Not exactly a fuel-efficient way to get from DC to New Haven and back.

A law passed in the wake of the Watergate scandal, the Ethics in Government Act, requires Supreme Court justices and many other federal officials to report most gifts to the public. Justices are generally required to report all gifts worth more than $415, defined as “anything of value” that they don’t repay the full cost of. Gifts are disclosed in an annual financial report that is made public.

Oh so it is a law. I was saying earlier (based on the story I’d just read) that it was a rule or code of ethics or something rather than a law. I was wrong.ProPublica asked the seven legal ethics experts about the exception and Thomas’ statement. All said that the law’s language clearly requires that gifts of transportation, such as private jet travel or cruises on a yacht, be disclosed and said Thomas appears to have violated the law by failing to report them.

ProPublica asked the seven legal ethics experts about the exception and Thomas’ statement. All said that the law’s language clearly requires that gifts of transportation, such as private jet travel or cruises on a yacht, be disclosed and said Thomas appears to have violated the law by failing to report them.

Well you asked the wrong experts! Ask some bent ones!

”It is absolutely impossible that anyone could reasonably interpret that exception to apply to private jet flights,” said Walter Shaub, former director of the U.S. Office of Government Ethics. “Not in any universe.”

Richard Painter, who served as the chief ethics lawyer for the George W. Bush White House, said Thomas’ explanation of why he didn’t disclose the trips “makes absolutely no sense.” Painter emphasized that the exemption only covers three categories: food, lodging and entertainment. Private jet flights would fall into none of those, he said.

“Justice Thomas likes to focus on the language of authoritative texts, and that’s not what he’s doing in this statement,” said Kathleen Clark, a legal ethics expert at Washington University in St. Louis.

Zing!

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