A recent report by ProPublica highlights the attendance of US Supreme Court Justice Clarence Thomas at the Koch network’s annual winter donor summit in California in 2018. The investigative report reveals that Thomas not only participated in a private dinner at the event but also did not declare his flight to California in his annual financial report.
The Koch network event typically hosts donors who give at least $100,000 per year. Those who contribute in the millions receive distinctive treatment, including private dinners with Charles Koch and other high-profile guests. ProPublica reports that Thomas made his way to the event aboard a private jet, yet this was not stated in his annual financial report. A Koch network spokesperson has refuted the assumption that the organization covered the cost of the flight.
Federal judges under US law are mandated to report specific financial gifts. Any judge knowingly or willingly falsifying a report, or failing to file one, can face civil sanctions and criminal penalties. The Code of Conduct for US Judges, particularly Canon 4, advises federal judges to abstain from extrajudicial activities that could cast doubt on the judge’s impartiality or interfere with the performance of their official duties. Though not compulsory for Supreme Court Justices, it is standard for them to adhere to the Code of Conduct.
The Koch network is an overlapping structure of non-profit organizations founded by libertarian billionaires Charles and David Koch, and typically lobbies for libertarian policies. Notions based on individual liberty, such as the belief that many of the claims to special authority made by governments globally are without justification, shape libertarian philosophy.
This is not Thomas’ first controversy. ProPublica, earlier this August, exposed Thomas’ history of accepting lavish gifts while being a US Supreme Court Justice. The US Senate Judiciary Committee, in response to these ongoing controversies, has proposed a bill advancing ethics reforms for the US Supreme Court.