US

‘Big Breathless Nothingburger’: Conservative Legal Scholars, Lawmakers Blast ‘Partisan’ Justice Thomas Report

REUTERS/Jonathan Ernst/File Photo

Daily Caller News Foundation logo
Font Size:
  • Conservative legal experts and lawmakers called a Thursday ProPublica report on Clarence Thomas’ vacations with friend and billionaire real estate developer Harlan Crow “partisan,” saying he did not violate any ethics rules.
  • Ilya Shapiro, senior fellow and director of Constitutional Studies at the Manhattan Institute, told the Daily Caller News Foundation the report was a “big breathless nothingburger” and that Democrat calls for Thomas’ resignation are just “political grandstanding.”
  • Republican Utah Sen. Mike Lee said the report was “designed only to mislead the public and smear an honorable man.”

Conservative legal experts and lawmakers criticized what they called a “partisan” and misleading report on Supreme Court Justice Clarence Thomas, which claimed to show he violated ethics rules by accepting expense-paid vacations from friend and billionaire real estate developer Harlan Crow.

Thomas did not disclose the invitations he accepted from Crow, a GOP donor, over the past two decades, ProPublica reported Thursday, though Thomas noted in response Friday that he “sought guidance” from colleagues who advised him the trips were not reportable. Conservatives slammed the report as a partisan attempt to attack the justice, whose legal opinions Democrats dislike, without pressing any substantive critique.

Ilya Shapiro, senior fellow and director of Constitutional Studies at the Manhattan Institute, told the Daily Caller News Foundation the ethics rules at the time did not require disclosure.

“The new ethics rules that would require disclosure of some of these gifts didn’t go into effect until last month (March 2023) and the previous rules excluded personal gifts of all kinds—anything other than a third party paying for commercial travel/hotel,” he said, noting that the yachts and private planes Thomas traveled on were “not reportable” because they still counted as personal hospitality.

ProPublica acknowledged the personal hospitality exemption, but stated it did not apply to transportation, citing two ethics law experts.

Democrats widely condemned the justice following the report, calling for his resignation, an investigation and reforms to the court as a whole.

“It’s all political grandstanding and continued left-wing frustration at their loss of control over the Court,” Shapiro told the DCNF. “The ProPublica report is a big breathless nothingburger.” (RELATED: Dems Use Clarence Thomas Report To Call For His Resignation, Court Expansion And Reform)

Multiple other legal scholars argued that Thomas did not break any rules.

Jonathan Turley, Shapiro chair of Public Interest Law at George Washington University, noted on Twitter that there is “no evidence that the failure to disclose was either an ethical or constitutional violation.”

“We can debate the need for a code of ethics that apply to the justices, but there was no clear reporting obligation under judicial ethics for Thomas in such matters of ‘personal hospitality,'” he wrote on Friday.

Ohio Northern University law professor Scott Douglas Gerber, who wrote a book on Thomas, said in a column for the Hill on Monday that Supreme Court justices are “allowed to have friends, even if a particular friend is rich and a particular justice is conservative.”

“Clarence Thomas has written a lot of important Supreme Court opinions during his three decades on the bench,” he said. “I recommend that we spend our time addressing those and leave his personal life to him.”

A handful of Republican lawmakers, such as Judiciary Committee member and Republican Utah Sen. Mike Lee, also echoed the notion that the report was a “partisan attack.”

“The recent disgusting attempt to discredit Justice Clarence Thomas is yet another inexcusable and blatant partisan attack, designed only to mislead the public and smear an honorable man,” Lee wrote on Friday.

“Justice Thomas is a brilliant jurist who has served the American people with distinction, tirelessly defending our Constitution,” he said. “The repeated attacks on him and his wife, Ginni, are utterly shameful. Justice Thomas’ accomplishments and legacy should be celebrated and cherished, not maliciously attacked.”

House Judiciary Chair and Republican Ohio Rep. Jim Jordan expressed support for Thomas on Monday, tweeting simply “God Bless Justice Thomas and his family.”

On Saturday, Republican Texas Sen. Ted Cruz said the Left will “stop at nothing — no matter how scurrilous — to try to destroy Justice Thomas and the Court.”

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel