Justice Clarence Thomas is suspected of violating several statutes and regulations related to ethics and financial disclosures. His transgressions are far worse than Nixon's or Trump's. Here are the primary statutes and guidelines he likely has violated:
1. Ethics in Government Act of 1978
- Section 101-111: This law
requires federal officials, including Supreme Court justices, to file
annual financial disclosure reports. These reports must include
information about income, gifts, and reimbursements, among other financial
details. Justice Thomas has faced criticism for not disclosing luxury
trips and gifts, which could violate this statute (Politico) (Brennan Center for Justice).
2. 28 U.S.C. § 455 - Disqualification
of Justice, Judge, or Magistrate Judge
- Subsection (a): Requires any
justice, judge, or magistrate judge to disqualify themselves from any
proceeding in which their impartiality might reasonably be questioned.
- Subsection
(b)(4): Requires disqualification if the judge or their spouse has a
financial interest in the subject matter in controversy or in a party to
the proceeding or any other interest that could be substantially affected
by the outcome of the proceeding.
- Thomas's
failure to recuse himself in cases involving his wife's political
activities or where there might be perceived conflicts of interest could
violate these provisions (WashEx).
3. Judicial Conference Regulations
- Judicial
Conduct and Disability Act of 1980: This act allows for the filing
of complaints against federal judges for conduct prejudicial to the
effective and expeditious administration of the business of the courts.
The failure to disclose gifts and potential conflicts of interest could be
seen as violations of judicial conduct rules outlined by this act.
4. 5 U.S.C. § 13101 - 13107 - The Stop
Trading on Congressional Knowledge (STOCK) Act
- This act was
designed to combat insider trading and requires transparency and
accountability for financial transactions by government officials.
Thomas's nondisclosures and financial omissions could be scrutinized under
this act.
5. 18 U.S.C. § 1001 - Statements or
Entries Generally
- This statute
makes it a crime to knowingly and willfully make false or fraudulent
statements, conceal facts, or use false documents in any matter within the
jurisdiction of the executive, legislative, or judicial branch of the
United States. If Thomas knowingly omitted information on his financial
disclosures, it violated this law.
What Can Be Done About It
- Legislative
Action:
- Enacting
stronger judicial ethics laws, such as the Judicial Ethics Enforcement
Act, to establish clear standards and oversight mechanisms for Supreme
Court justices.
- Judicial Review
and Enforcement:
- The creation
of an independent Office of the Inspector General within the judicial
branch to investigate and address ethical violations.
- Public and
Political Pressure:
- Continued
advocacy by watchdog organizations and public calls for transparency and
accountability can lead to reforms and greater scrutiny of the justices'
actions.
- Department of
Justice Involvement:
- The DOJ can
enforce existing statutes and consider investigating the justices for
potential violations of federal laws related to ethics and financial
disclosures.
These measures can help ensure that Supreme Court justices, including
Justice Thomas, are held to the highest ethical standards and accountable for
their actions.
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