Continuing to live as though there is nothing to be done about any of this is a choice. We make it every day.
an ethics expert who says the justice’s behavior was arguably permissible, even if it rested on an interpretation that was, at best, “a stretch.” This question is not academic: The answer determines whether Thomas’ conduct prior to the promulgation of the new rule was outright illegal or simply unseemly.
We align ourselves with the former view: Clarence Thomas broke the law, and it isn’t particularly close. The best argument in his defense is that the old definition of “personal hospitality” did not require him to disclose transportation, including private flights. This reading works only by torturing the English language beyond all recognition. The old rule, like the
it derives from, defined the term as hospitality that is “extended” either “at” a personal residence or “on” their “property or facilities.”be able to squeeze these yacht trips into this definition, arguing that, by hosting Thomas on his boat for food, drink, and sightseeing, Crow “extended” hospitality “on” his own property. But lending out the private jet for Thomas’ personal use? Come on.
of the statute. This section explains which gifts, exactly, a justice must include in their annual report. It reiterates the exception for “personal hospitality,” but provides an even clearer definition of the types of hospitality at issue: “anyreceived as personal hospitality of an individual need not be reported.” This language confirms the narrow scope of the hospitality exception: It covers housing, meals, and activities provided during a visit. It doescover transportation.
—that justices need to hang out with fabulous and wealthy movers and shakers because who else is there to hang out with. Oh, and for years we have swallowed the pablum that these trips are so intrinsically fun and interesting that Clarence Thomas, Leonard Leo, Mark Paoletta, and a megadonor can sit around for hours chatting about sports, and not talking about any past, present, or future matter that may come before the court.
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Clarence Thomas Has Accepted Undisclosed Luxury Trips From GOP Megadonor for Decades, Report SaysThomas has previously come under fire from ethics experts and other critics over the political activities of his wife, Ginni Thomas.
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