Conservative judicial activist Leonard Leo has announced that he will not comply with a subpoena issued by Democrats on the Senate Judiciary Committee. This subpoena was part of their ongoing investigation into ethics practices at the Supreme Court.
The Judiciary Committee Chairman, Dick Durbin, issued a subpoena to Leo on Thursday. This comes after months of Democrats on the panel voting to authorize it. Durbin has been investigating ethics issues at the high court for about a year now. This investigation was prompted by reports that Justice Clarence Thomas took undisclosed luxury trips with Republican megadonor Harlan Crow. It is worth noting that Crow, a Texas real estate developer, did not receive a subpoena from Durbin, according to a spokesperson for Crow.
Senator Durbin expressed his frustration with Mr. Leo’s actions in the ethics crisis surrounding the Supreme Court. In a statement, he criticized Mr. Leo for stonewalling the committee and stated that the subpoena was a consequence of Mr. Leo’s own choices and behavior.
In a letter sent on Thursday, Leo’s lawyer, David Rivkin, informed Durbin that his client is refusing to comply with the subpoena, describing it as “unlawful and politically motivated.”
“I refuse to submit to his unlawful endorsement of Senator Sheldon Whitehouse and the left’s clandestine funding campaign to suppress and eliminate political dissent,” stated Leo, a key figure in the successful confirmations of numerous conservative Supreme Court justices. Leo, who serves as the co-chairman of the conservative Federalist Society, expressed his stance in a statement.
Senate Democrats’ investigation
In late November, the panel of Democrats voted to approve subpoenas to Leo and Crow. The relationship between Thomas and these individuals, which spans several decades, has been the subject of scrutiny.
The reason for the delay in issuing the subpoena to Leo remains unclear, as it was approved by all 11 Democrats on the Judiciary Committee months ago.
The Democrats’ pursuit of information has faced criticism from Republicans, who argue that it is an attempt to undermine the Supreme Court by targeting private individuals. GOP senators have gone so far as to condemn the Democrats’ investigation into ethics issues at the high court, viewing it as an attack on the court’s integrity. This comes in the wake of significant rulings on abortion, gun rights, and affirmative action.
Democrats are currently requesting documents regarding gifts, trips, and lodging that have been provided to any member of the high court. It was previously uncovered that Leo and Crow were involved in arranging luxury trips for Justices Thomas and Alito.
In April 2023, the Judiciary Committee initiated an investigation after ProPublica, an investigative news outlet, published a series of reports. These reports shed light on the trips Justice Thomas took on Crow’s private plane and yacht, as well as the luxury vacations he accepted from Crow throughout their 25-year friendship.
Thomas did not include the trip in his annual financial disclosure forms. When confronted with the information, he stated that he didn’t think it was necessary to disclose it since it fell under the exemptions for personal hospitality.
In 2008, Alito took a lavish fishing trip to Alaska. He was provided with a private jet by GOP donor Paul Singer and received accommodation from Robin Arkley, the owner of a California mortgage company and another GOP donor. Alito did not disclose this trip, but he argued that it should not have been reported, citing exceptions for personal hospitality.
After the news broke about Thomas and Alito’s travel, the Judiciary Committee reached out to Crow, Leo, and Arkley to gather more information. Despite the committee’s request, Leo has consistently refused to provide the requested information. In fact, Leo’s lawyer sent a letter to the panel on October 19th, stating that the committee’s inquiry lacked a valid legislative purpose.
Crow, in an attempt to appease the Judiciary Committee, made an offer to provide them with only a limited amount of information. However, Senate Democrats were not satisfied with this gesture.
Republicans have come to the defense of Thomas and Alito, arguing that Democrats have unfairly singled them out without addressing similar revelations about other justices. For instance, it has been reported by the Associated Press that Justice Sonia Sotomayor’s court staff actively promoted the purchase of her books by public institutions. Furthermore, despite potential conflicts of interest, Sotomayor declined to recuse herself from copyright cases involving her own book publisher. Similarly, Justice Neil Gorsuch also did not recuse himself from a case involving the publisher of his 2019 book.
Thomas’ association with Crow specifically increased the pressure on the Supreme Court to establish a mandatory code of ethics. In the previous year, the Judiciary Committee passed a bill, with support divided along party lines, which called for the implementation of enforceable ethical guidelines for the Supreme Court. In November, the court made an unprecedented move by officially adopting a formal code of conduct, albeit without any means of enforcement.
