Last week, as the nation prepared for the holiday weekend, Senators Sheldon Whitehouse and Ron Wyden sent a formal request to Attorney General Merrick Garland, urging him to appoint a Special Counsel to investigate possible violations of federal ethics and tax laws by Supreme Court Justice Clarence Thomas. The senators’ joint letter can be viewed here.
This request follows a series of revelations, first reported by ProPublica, that disclosed Thomas had concealed around half a million dollars’ worth of gifts from government-mandated disclosure. Since then, additional information has surfaced, including his mother’s house being a gift from a GOP donor and his RV being purchased by a health industry executive. Further details have estimated the total value of these gifts to be upwards of $6 million.
Despite the accumulating evidence, Garland has yet to appoint a Special Counsel. Many legal professionals have pointed out that the role of Special Counsel is not to find a “smoking gun” but to ensure unbiased prosecutorial judgment. The senators cite documents from Clarence Thomas’s primary benefactor, acquired after a protracted legal battle, which could have been secured months ago if a Special Counsel had been appointed earlier. For more context on the legal battle for these documents, see this detailed coverage.
Garland’s caution and perceived reluctance have drawn criticism. Many argue that his approach has delayed essential investigations and judicial accountability. With so much documented evidence against Thomas, critics assert it’s past time for the Department of Justice to take definitive action.
A comprehensive and unbiased investigation is necessary to uphold the rule of law and ensure that no one, including a Supreme Court Justice, is above legal scrutiny. Whether Garland will act on the senators’ recent request remains to be seen.