Thomas, Clarence

Subterms

    More stories

    • 100 Shares159 Views

      in Elections

      How Conflicts of Interest Are Hurting the Climate

      by

      Bill McKibben, the environmental activist, explains.From “The Daily” newsletter: One big idea on the news, from the team that brings you “The Daily” podcast. You can sign up for the newsletter here.Conflicts of interest are, by their nature, often obscured. A financial tie here, a family connection there, concealed by the division of public and private life. But what happens when those conflicting interests inform national — and international — policy?In the executive branch, the Trump presidency was dominated by this question. In the judicial branch, Supreme Court Justice Clarence Thomas is under pressure to recuse himself from cases regarding the 2020 election and its aftermath after The Times revealed that Virginia Thomas, his wife, was involved in efforts to overturn the vote. And in the legislative branch, Senator Joe Manchin, Democrat of West Virginia, is facing increasing scrutiny of his financial ties to the coal industry.The influence of money and corporations in the federal government is a “growing problem,” said Aaron D. Hill, associate professor of management at the University of Florida. Nearly one in eight stock trades by members of Congress intersects with legislation, and research shows that members of the House and Senate generate “abnormally higher returns” on their investments. Still, Congress members are subject to less stringent (or, at times, unenforced) oversight on conflicts of interests than those in other branches of government.But what is the impact of this lack of oversight? As you heard on Tuesday’s show, at every step of his political career, Manchin helped a West Virginia power plant that is the sole customer of his private coal business. Along the way, he blocked ambitious climate action.So we reached out to Bill McKibben, environmental activist, professor and author, to ask him about the rippling effects of Manchin’s actions on the climate movement. His responses have been lightly edited.You recently wrote: “The climate movement has come very close — one senator close — to beating the political power of Big Oil. But that’s not quite close enough.” How have Manchin’s actions affected the broader climate movement?For Biden and his climate efforts, Manchin’s opposition seems to be excruciating. The Democrats can’t do anything to offend him for fear of forfeiting his vote. So they’ve largely given up executive authority on climate, but he never quite delivers the vote. Now he seems to be saying that if he gives some money for renewables, it has to come with money for fossil fuel as well. I’d say Big Oil has never made an investment with a higher rate of return.On climate, at least so far, we might have been better off without control of the Senate, because then at least we could have gotten what executive action could accomplish.In the case of Manchin, congressional conflict-of-interest loopholes have consequences well beyond American borders. What equity concerns does this illuminate?Ginni Thomas and the 2020 Presidential ElectionThe conservative activist and wife of Supreme Court Justice Clarence Thomas has come under scrutiny for her involvement in efforts to keep Donald J. Trump in power.A Long Crusade: The Thomases battled for years for a more conservative America. This is how far Ginni Thomas went after the 2020 election.Her Texts: Weeks before Jan. 6, Ms. Thomas sent a flurry of texts imploring Mr. Trump’s chief of staff to take steps to overturn the vote.Embracing Conspiracies: An examination of Ms. Thomas’s texts shows how firmly she was embedded in the fringe of right-wing politics.Will Justice Thomas Recuse?: Legal experts say Ms. Thomas’s texts are enough to require his recusal from election cases, but Chief Justice John Roberts cannot force it.We’re not just gutting America’s energy future to please one corrupt coal baron; he’s managed to upend global climate policy, too. The plan for Glasgow, I think, was for Biden to arrive with Build Back Better in his hip pocket, slam it down on the table and tell the Chinese and Indian delegations to match it. Instead he arrived with nothing, gave a limp speech — I’m not certain he went to sleep afterward, but the conference did.In 2020, fossil fuel pollution killed about three times as many people as Covid-19 did. This statistic can feel overwhelming. As an activist, what are the most effective strategies you see for generating momentum and a sense of urgency in addressing the climate crisis?The sad thing is, we’ve generated a ton of it. It was the biggest voting issue for Democratic primary voters, and the issue where polling showed Trump’s position was furthest off from the mainstream. But the desire of people doesn’t reliably translate into political action in our system anymore. There’s never been a purer case of vested interest thwarting necessary action. As the Exxon lobbyist told a hidden camera last summer, Manchin was the “kingmaker.” Or, alternately, the man who melts the ice and raises the sea.What is making you feel optimistic about climate action lately?Well, it’s the perfect moment for action, and some places we’re starting to see it. Vladimir Putin has reminded us that the daily carnage of pollution and the existential threat of climate damage are joined by the fact that fossil fuel underwrites despotism more often than not. It could be a pivot point, and, in the case of the E.U., may turn out to be. But so far here, Biden and his team haven’t really messaged it that way. They’ve been way more focused on carrying water for Big Oil.But I can tell you that more and more people are getting it, and not just the young people who have been in the lead of the climate fight. Our crew of over-60s at Third Act [a climate action group focused on mobilizing “experienced Americans”] are joining in large numbers this pledge to take on the banks that back the fossil fuel industry. After the record temperatures in the Antarctic combined with the missile strikes on Mariupol, people have had enough.From the Daily team: Remember cheap oil?In April 2020, we explored why the cost of a barrel of oil dropped into the negatives.Bing Guan/BloombergThis week, we sat down with Michael Simon Johnson, a senior producer, for our series in which we ask Daily producers and editors to tell us about their favorite episodes that they’ve worked on.Michael’s pick is “A Glut of Oil,” from the spring of 2020. It’s an episode that looks back at half a century of American foreign and energy policy to explain how, at the time, the price of a barrel of oil dropped into the negatives. And it’s one that has particular resonance today as parts of the world grapple with how to reduce reliance on Russian oil amid the war in Ukraine.What was “A Glut of Oil” about?It was an episode we did in April 2020, when oil prices dropped into the negatives. It required some context, so a huge portion of the episode ticked through history, starting with the Arab-Israeli War in the ’70s, the U.S. stepping in to provide weapons — not unlike the way we are with Ukraine right now — and Arab countries retaliating by cutting off our oil supply, causing an energy crisis. It felt important to start there because that is where it changes our foreign policy. The whole point of energy independence was so that we can exercise control over our foreign policy and not have other countries dictate who we help and why — or where we invade.We spent 50 years trying to solve that problem and we succeeded. Then the pandemic happened and we literally had the opposite problem — what happens when we have too much oil?Why is it one of your favorite episodes that you’ve worked on?What it did for me was take all of these aspects of American history that I don’t tend to think of as related and it drew a line between them; they’re actually all part of a single continuum. I re-evaluated modern American history through the lens of oil, and I saw so many more connections because of that than I would have seen otherwise. Going back in history allowed us to go on this amazing journey through history and through archival tape.How important is it for there to be historical context in climate episodes?Historical context is one of the first tools we turn to when we’re making an episode in general, but it’s not specific to climate episodes. We are generally trying to arm listeners with the tools they need to understand and to have more context for what is happening. We want people to understand what is happening as some part of a continuum.On The Daily this weekMonday: The story of Iryna Baramidze, one of the millions of Ukrainians who have fled their country amid the war.Tuesday: Inside the investigation into Manchin’s conflicts of interest.Wednesday: How Justice Thomas and his wife, Ginni, came to be at the heart of the conservative movement.Thursday: Why this year’s midterms could have the fairest congressional map in a generation.Friday: What is happening inside the besieged Ukrainian port city of Mariupol?That’s it for the Daily newsletter. See you next week.Have thoughts about the show? Tell us what you think at thedaily@nytimes.com.Were you forwarded this newsletter? Subscribe here to get it delivered to your inbox.Love podcasts? Join The New York Times Podcast Club on Facebook. More

    • 100 Shares159 Views

      in Elections

      The Political Lives of Clarence and Ginni Thomas

      by

      Rob Szypko, Rikki Novetsky, Chelsea Daniel and Marc Georges and Dan Powell and Listen and follow The DailyApple Podcasts | Spotify | StitcherA series of text messages released in the past week show how Ginni Thomas, wife of Justice Clarence Thomas of the Supreme Court, urged White House officials to push to overturn the result of the 2020 election.There has never been a spouse of a sitting justice who has been as overt a political activist as Ms. Thomas — and that presents a real conundrum for the court.On today’s episodeJo Becker, an investigative reporter for The New York Times.For two decades, Clarence, left, and Ginni Thomas have been waging a battle against what they see as the liberal order.Drew Angerer/Getty ImagesBackground readingThe long crusade of the Thomases has taken them from the fringes of the conservative movement to the very center of it.In the aftermath of the 2020 presidential election, Ginni Thomas was involved in a range of efforts to keep President Donald J. Trump in power.There are a lot of ways to listen to The Daily. Here’s how.Transcripts of each episode are available by the next workday. You can find them at the top of the page.Jo Becker contributed reporting.The Daily is made by Lisa Tobin, Rachel Quester, Lynsea Garrison, Clare Toeniskoetter, Paige Cowett, Michael Simon Johnson, Brad Fisher, Larissa Anderson, Chris Wood, Jessica Cheung, Stella Tan, Alexandra Leigh Young, Lisa Chow, Eric Krupke, Marc Georges, Luke Vander Ploeg, M.J. Davis Lin, Dan Powell, Dave Shaw, Sydney Harper, Robert Jimison, Mike Benoist, Liz O. Baylen, Asthaa Chaturvedi, Kaitlin Roberts, Rachelle Bonja, Diana Nguyen, Marion Lozano, Corey Schreppel, Anita Badejo, Rob Szypko, Elisheba Ittoop, Chelsea Daniel, Mooj Zadie, Patricia Willens, Rowan Niemisto, Jody Becker, Rikki Novetsky and John Ketchum.Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly. Special thanks to Sam Dolnick, Paula Szuchman, Cliff Levy, Lauren Jackson, Julia Simon, Mahima Chablani, Sofia Milan, Desiree Ibekwe, Wendy Dorr, Elizabeth Davis-Moorer, Jeffrey Miranda, Renan Borelli and Maddy Masiello. More

    • 88 Shares129 Views

      in Elections

      Ted Cruz Knows Which Side He’s On

      by

      Bret Stephens: Hi, Gail. I think many Americans would give President Biden reasonably high marks for his handling of the war in Ukraine so far. His speech in Poland, in which he said, “For God’s sake, this man cannot remain in power,” may have been provocative, and it might have his advisers scrambling to soften it, but it was right, and the right message to send about what should become of Vladimir Putin’s foul regime.Yet Biden still reminds me of George H.W. Bush, who handled the big foreign policy crises of his day with aplomb but wound up as a one-termer. What do you think of the comparison?Gail Collins: Hey, isn’t it interesting to recall that when Bush was fighting to get Saddam Hussein out of Kuwait in 1991, the big American ally was Russia? Those were the days, I guess. Just noticed that a Gallup poll found that right after the war, Bush had an 89 percent approval rating.Bret: Bush had the advantage of not having to face down a nuclear-armed adversary — thanks to an Israeli strike on Saddam Hussein’s nuclear reactor a decade earlier.Gail: And yet he got defeated for a second term by Bill Clinton. We could discuss the possibility of Biden suffering a similar fate — perceptions of a bad economy trump strong foreign policy. Except that Clinton’s genius was in portraying himself as a Democrat who normal Republicans didn’t have to fear. Very, very doubtful the next Republican presidential nominee is going to be able to turn that trick.Do you really think Biden would be walloped if people actually had to compare him to Trump, one on one, presuming the two of them ran again?Bret: I continue to have a hard time believing that Biden intends to run again, when he’s 81. I also don’t think Trump’s going to run — he’s damaged himself more deeply than he probably realizes with his imbecile praise of Putin and his continued election denialism.Gail: This scenario presumes Trump bows to reality. Hehehehehe. Sorry, continue.Bret: Fair point.Assuming your hypothetical turns out to be right, I’d probably place a small bet on Trump winning a rematch, awful as that is. I know Ronald Reagan and Bill Clinton were able to turn their presidencies around after difficult starts. But both men were naturally gifted political figures in a way Biden just isn’t. Both men were in touch with the center of American politics in a way Biden should be, but isn’t, because he steered too far to the left in his first year. And both men were sailing into calmer seas, economically speaking, as they prepared their re-election campaigns, whereas I don’t see inflation being tamed except at the price of a very steep recession.Would you bet on Biden in a rematch?Gail: Yeah, but I don’t think Biden is going to run. Although he’d be crazy to formally announce this soon and turn the bulk of his presidency into a lame-duck limp.Bret: Don’t agree that he should wait to announce, but that’s an argument for another time.Gail: And I don’t think his problem is steering too far to the left. His problem is that he doesn’t — never did have — that political genius for selling the country, or even his supporters, on a big message.Bret: Give ’em hell, Harry, he is not. But it looks like he’s trying with his plan to tax the very rich. Which … well, what do you think of it?Gail: Ah, Bret, our most reliable, perpetual disagreement. Yeah, given the fact that the richest Americans are now paying an effective tax rate around 8 percent, I would say a minimum of 20 percent on households worth more than $100 million is not a burden.Bret: Probably won’t get past the Senate, may be ruled an unconstitutional wealth tax by the Supreme Court and is reminiscent of the Alternative Minimum Tax, which was supposed to hit only a handful of high-flyers in the 1970s but wound up taxing far less wealthy people. But the proposal could still be … popular. Anything else you’d like to see him do?Gail: I’d also be happy to see him lead a quest to control prescription drug prices: Let Medicare negotiate with the pharmaceutical industry and cap the cost of certain medications, like insulin. It’d be a debate people could really get into.Bret: I think job No. 1 for Biden is to make sure Putin experiences unmistakable defeat in Ukraine. A stalemated truce in which Russia steals more of Ukraine’s coastline, ports and energy riches will only entice Putin to create further crises so that he can “solve” them in exchange for Western concessions. I also think we should accept more than 100,000 Ukrainian refugees; we should welcome as many who want to come here with open arms.Gail: We should talk more about the refugees long term, but of course the immediate challenge is to support them in every way possible.Bret: If Romania can take in more than half a million refugees, we can take in at least as many.Gail: Not going to argue, but right now back to domestic matters …Bret: Biden’s other big task is doing what he can to ease the burden of inflation. We both know that’s mainly a job for the Fed. But the government can still ease all kinds of regulatory burdens that constrict supply chains, like employing members of the National Guards to make up for the trucker shortage. I’m also in favor of the proposal from Maggie Hassan and Mark Kelly — both Democratic senators — to suspend the federal tax on gasoline for the rest of the year, though I would only reinstate it once the price of gasoline falls below $3.50 a gallon, no matter whether that happens before November or after. Gas taxes are really regressive once you stop to think of the bite they take out of the pockets of working-class people who drive back and forth to work.Gail: Short-term gas price relief would be great, as long as it’s combined with long-term plans to fight climate change with energy-efficient cars and more mass transit. Although I know the latter tends to cause many conservative conservatives to shudder.On a completely different but totally fascinating topic: Ginni Thomas. Wife of a Supreme Court justice and now revealed as a very aggressive, deeply crazy activist in the Trump-really-won sideshow.Should we worry about her? Is she dangerous or just astonishingly weird?Bret: Depends on whether you think that being a fever-swamp conservative is dangerous, weird or just the depressing new normal. “All of the above” is also a possibility. Mrs. Thomas attended the “Stop the Steal” rally on Jan. 6. She urged the Trump team to feature Sidney Powell, the lawyer with bizarro theories about voting machine fraud. And she wrote Mark Meadows, Trump’s chief of staff, some texts right after the election was called for Biden, telling him to “stand firm” against “the greatest Heist in our History.”All of which says to me that I’m glad I’m not the one who gets to hang with Ginni Thomas, but de gustibus non est disputandum, as they used to say. Do you think her behavior should require Clarence Thomas to recuse himself in some cases?Gail: If they get an overturn-the-election case, or even anything relating to the Jan. 6 riots, I would say he’d either have to recuse or be impeached. Otherwise it’s hard to imagine enough pressure building. But I’d be happy to hear I’m wrong. What do you think?Bret: He’d have to recuse himself in those kinds of cases, because the appearance of a conflict of interest is now overwhelming. That said, if every public official were on the hook for nutty things done or said by spouses or family members, it would probably have unintended consequences nobody would like. For instance: Hunter Biden.Gail: I will refrain from dipping back into our Hunter Biden argument except to point out that some experts think he’s getting a reasonable price for his artwork these days. Lips sealed …Bret: But speaking of the Supreme Court, did you watch the Senate hearings for Judge Ketanji Brown Jackson? How do you think she did?Gail: Better than great.Bret: Agree. I don’t think her confirmation is in any doubt, especially now that Joe Manchin has come out in her favor, but I enjoyed watching her politely making mincemeat of Ted Cruz, who is a one-man reminder of why sentient people hate politicians. If Republicans were wiser, they’d register their disagreements with some of her positions but vote to confirm her on the principle that she’s fully qualified to serve on the high court. But … they won’t.Gail: Also watching the dreaded Marsha Blackburn asking Jackson to define “woman.” Glad we agree that Republicans aren’t wise.Bret: In the meantime, Gail, it looks like we have a new superinfectious sub-variant of Covid to keep us awake at night. Forget Omicron, now we’ve got Omigod.Gail: I’m going with Dr. Fauci’s theory that it’s not something to get frazzled about. Unless, of course, you haven’t been vaccinated, in which case there’s probably not any point in having a conversation.But I am appalled that Congress didn’t approve the $15.6 billion Biden wanted for tests, treatments and research on vaccines for new variants. If I’m going to side with the throw-away-masks crowd, I’m also going to side with the fund-the-support-system gang.Bret: If we’re going to start thinking of Covid as a relatively normal illness, maybe we need to stop treating it like a national emergency. What do you say we argue about this another day?The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

    • 100 Shares189 Views

      in Elections

      Texts Show Ginni Thomas’s Embrace of Conspiracy Theories

      by

      In the aftermath of the 2020 presidential election, the wife of Justice Clarence Thomas was involved in a range of efforts to keep President Donald J. Trump in power.Two days after the 2020 election, Virginia Thomas, the wife of Justice Clarence Thomas, texted an old friend, Mark Meadows, the chief of staff to President Donald J. Trump.She sent messages that had been making the rounds on pro-Trump sites, where anger over the election echoed her own raw feelings, including this passage: “Biden crime family & ballot fraud co-conspirators (elected officials, bureaucrats, social media censorship mongers, fake stream media reporters, etc) are being arrested & detained for ballot fraud right now & over coming days, & will be living in barges off GITMO to face military tribunals for sedition.”Then she added of this fanciful, if chilling, set of conspiracy theories: “I hope this is true.”She texted Mr. Meadows again the next day. “Do not concede,” she wrote. “It takes time for the army who is gathering for his back.”The messages were among a flurry of text traffic between Ms. Thomas and Mr. Meadows that was revealed this past week, part of a trove of documents previously turned over to the House committee investigating the Jan. 6 attack on the Capitol. (Ms. Thomas has openly opposed the committee and called for Republicans who serve on it to be expelled from the House Republican conference.)A hard-line conservative activist, Ms. Thomas had long been viewed with suspicion by the Republican establishment. Yet her influence had risen during the Trump administration, especially after Mr. Meadows, who like Ms. Thomas has roots in the Tea Party movement, became chief of staff. Now, an examination of her texts, woven together with recent revelations of the depth of her efforts to overturn the election, shows how firmly she was embedded in the conspiratorial fringe of right-wing politics, even as that fringe was drawing ever closer to the center of Republican power.The disclosures add urgency to questions about how Ms. Thomas may have leveraged her marriage to Justice Thomas, who would be ruling on elections cases throughout the battle over the 2020 vote and beyond. As his wife agitated for Mr. Trump and his aides to turn aside the election results, Justice Thomas was Mr. Trump’s staunchest ally on the Supreme Court and has remained so. This year, in January, he was the only justice who noted a dissent when the court allowed the release of records from the Trump White House related to the Jan. 6 attack.Calls intensified this past week for Justice Thomas to step aside from such cases. Senator Ron Wyden, Democrat of Oregon, said on Friday that Justice Thomas “needs to recuse himself from any case related to the Jan. 6 investigation, and should Donald Trump run again, any case related to the 2024 election.”The Thomases have been a fiercely close couple for decades. In his memoir, Justice Thomas wrote that they were “one being — an amalgam” and called her his “best friend.” She often uses similar language to describe her husband.In one of his texts to Ms. Thomas, Mr. Meadows called the election a “fight of good versus evil” and added: “Evil always looks like the victor until the King of Kings triumphs. Do not grow weary in well doing. The fight continues.”“Thank you!! Needed that!” Ms. Thomas replied. “This plus a conversation with my best friend just now… I will try to keep holding on. America is worth it!”Ms. Thomas’s texts to Mr. Meadows tap into a deep well of debunked conspiracy theories. References to the rounding up of elected officials, reporters and bureaucrats for military tribunals at Guantánamo Bay are drawn from QAnon, which imagines Satan-worshipping leaders running the country and trafficking children.Yet in the days after the election, Ms. Thomas had far more standing to take action than most who embraced such canards. As Mr. Trump courted Justice Thomas during his years in office — curious about his popularity among the Republican base and also about rumors that he might retire, aides said — the justice’s wife won increasing access to the White House.Though some Trump aides came to view her with such suspicion that they assembled opposition research meant to damage her standing with Mr. Trump — among other things, she pressed the president to hire people who could not pass background checks, the aides said — her clout grew with time.The arc of her political career had also led her to a powerful new platform. Ms. Thomas had started out working for establishment right-leaning organizations like the Heritage Foundation and the U.S. Chamber of Commerce. But her desire for more radical change had led her to the Tea Party, and increasingly to the party’s fringes. Mr. Meadows, who was appointed chief of staff in March 2020, held similar views and has attended meetings of Groundswell, a group that Ms. Thomas founded in 2013 after consulting with Stephen K. Bannon, who would later become Mr. Trump’s chief strategist.With their brand of conservatism ascendant, Ms. Thomas had been appointed in 2019 to the nine-member board of CNP Action, an offshoot of a secretive but influential conservative group called the Council for National Policy, whose membership includes leaders of the National Rifle Association, the Family Research Council and the Federalist Society.The New York Times Magazine, in a profile of the Thomases published last month, detailed CNP Action’s assertive role in efforts to overturn the presidential election. That included circulating a document to its members in November 2020 urging them to pressure Republican lawmakers in swing states to challenge the results and appoint alternate slates of electors: “Demand that they not abandon their Constitutional responsibilities during a time such as this,” the document said.Text messages between Ms. Thomas and Mark Meadows were part of a trove of documents turned over by Mr. Meadows to the House committee investigating the Jan. 6 attack.Al Drago for The New York TimesIn one of her texts, the contents of which were earlier reported by The Washington Post and CBS News, Ms. Thomas sent Mr. Meadows a link to a video featuring Steve Pieczenik, a former State Department official who was claiming that mail-in ballots had been watermarked as part of an elaborate government sting operation to catch voter fraud. Mr. Pieczenik previously appeared on a webcast with the conspiracy theorist Alex Jones and claimed that the 2012 school massacre in Newtown, Conn., was a false-flag operation, a notion that has been thoroughly debunked.On Nov. 19, Ms. Thomas promoted the efforts of Sidney Powell, the Trump lawyer who spent much of the postelection period spreading conspiracy theories. “Sidney and her team are getting inundated with evidence of fraud,” Ms. Thomas wrote to Mr. Meadows. “Make a plan. Release the Kraken and save us from the left taking America down.”That same day, Ms. Powell held a news conference with Rudolph W. Giuliani, one of Mr. Trump’s lawyers, at the Republican National Committee headquarters in Washington. There, she laid out baseless allegations that a cabal that included Chinese software firms, international shell companies and the financier George Soros had conspired to hack America’s voting machines.At that time, Ms. Powell was in the early stages of preparing four federal lawsuits that would present this purported plot as a reason for judges to overturn the election results. She nicknamed her suits the “Krakens,” referring to a giant octopus-like sea creature.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Virginia Thomas’ text messages. More

    • 50 Shares109 Views

      in Elections

      Real Justice: Justice Jackson

      by

      WASHINGTON — A snarling pack of white male Republicans ripping apart a poised, brainy Black woman at a Senate Judiciary Committee hearing, using sordid innuendos and baseless claims about race and porn to smear her, as her pained family sits behind her.It has been 31 years since I watched this scene, disgusted, when Anita Hill was questioned during confirmation hearings for Justice Clarence Thomas. Now Ketanji Brown Jackson has been cast into the same medieval torture chamber on Capitol Hill, with Democrats once more struggling to shield their witness from being mauled.This time, the male Torquemadas were joined by a female inquisitor, Marsha Blackburn. The Tennessee Republican is all magnolia Southern charm — until she spits venom.“Can you provide a definition for the word woman?” Blackburn asked Judge Jackson, invoking the controversy over a transgender swimmer from the University of Pennsylvania. Blackburn’s question inspired Tucker Carlson to later hold up a graphic of a woman’s reproductive system, along with a silhouette of a woman so shapely that Roger Ailes would have approved.What is a woman? Jackson shows that a woman is someone who stays cool in the face of calumny and is headed for the Supreme Court. And that will be justice for Justice Jackson.A better question might be: What is a senator?Is it a dolt who cares more about boosting unrealistic presidential ambitions with distorted information than making the Senate, for once, look like a dignified body?Feral Republicans took an exemplary record and twisted it to make Jackson look like an enabler of pedophiles. Tom Cotton all but accused her of lying, just as Arlen Specter accused Hill of perjury — based on nothing.Less than a year ago, Lindsey Graham voted to confirm Jackson for the D.C. Court of Appeals, calling her “qualified.” Now he berates her with odd questions and seems to blame her for Brett Kavanaugh’s grilling. If only John McCain could appear to him like Hamlet’s father’s ghost and slap him into shape.Perhaps Joe Biden sees his selection of Judge Jackson as a sort of expiation for his dismal performance as committee chairman for the Hill-Thomas hearings. Biden allowed the Republicans to run wild, and then he shut down the hearings before Hill’s backup witnesses testified. He cleared the path for Clarence Thomas, a liar and sexual harasser, to ascend to a lifetime appointment on the Supreme Court and impose his far-right views on the country.As Jill Abramson wrote in the Times Opinion section, the court’s 6-3 majority now “seems to be reshaping itself in Justice Thomas’s image.”In a speech at Notre Dame last year, Thomas lamented, “We have lost the capacity, even I think as leaders, to not allow others to manipulate our institutions when we don’t get the outcomes we like.”And yet manipulating institutions is exactly what his wife, Ginni, tried to do. As Bob Woodward and Robert Costa reported in a Washington Post-CBS News bombshell, the conservative activist worked frantically to overturn the results of the 2020 election, calling it an “obvious fraud,” as Donald Trump and his allies were vowing to go to her husband’s court to nullify Biden’s win.Ginni Thomas has had a chip on her shoulder since the Hill-Thomas hearings — she shamelessly left Hill a voice message in 2010 asking for an apology — and no doubt she thought if she could help claw back the presidency from Biden, that would be sweet revenge.In a cascade of text messages, she urged Trump’s chief of staff, Mark Meadows, to get Trump back into the Oval. “Help This Great President stand firm, Mark!!!” she pleaded, adding, “The majority knows Biden and the Left is attempting the greatest Heist of our History.” Ginni — who attended the Jan. 6 rally before the raid on the Capitol started — urged Meadows to “Release the Kraken.”The Republicans badgering Judge Jackson aren’t asking a single question about the explosive revelations regarding Ginni Thomas — and nor are the rest of their party. Did the justice know what his wife was doing? Was he OK with it? Does he accept that he must recuse himself from cases dealing with Jan. 6 and the election?Apparently not. “Justice Thomas has already participated in two cases related to the 2020 election and its aftermath, despite his wife’s direct involvement in the so-called Stop the Steal efforts,” Jane Mayer reported in The New Yorker.When the court rejected Trump’s request to prevent the Jan. 6 committee from getting his records relating to the attempt to overturn the election results, Thomas was the sole dissenter. Do the records implicate Ginni?Stephen Gillers, a judicial ethicist, told Mayer that it was Clarence Thomas’s duty to know about Ginni’s crusade: “‘Don’t ask, don’t tell’ is not an acceptable strategy for the Thomases’ marriage.”Thomas should never have been on the court. Now that we know his wife was plotting the overthrow of the government, he should get off or be thrown off. You can’t administer justice when your spouse is running around strategizing for a coup.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

    • 125 Shares129 Views

      in Elections

      Ginni Thomas Texts Expose Rift in House Jan. 6 Panel

      by

      There is debate within the committee investigating the assault on the Capitol over whether to seek testimony from the wife of Justice Clarence Thomas about her efforts to overturn the 2020 election.WASHINGTON — Buried in the thousands of documents that Mark Meadows, former President Donald J. Trump’s final White House chief of staff, turned over late last year to the House committee examining the Jan. 6 attack were text messages that presented the panel with a political land mine: what to do about Virginia Thomas, the wife of Justice Clarence Thomas.The messages showed that Ms. Thomas relentlessly urged Mr. Meadows to overturn the 2020 presidential election, which she called a “heist,” and indicated that she reached out to Jared Kushner, the president’s son-in-law, about Mr. Trump’s legal efforts to keep power. She even suggested the lawyer who should be put in charge of that effort.The public disclosure of the messages on Thursday focused new attention on one avenue of the investigation and risked creating a rare rift within the committee about how aggressively to pursue it, including whether to seek testimony from Ms. Thomas, who goes by Ginni.In the Thomases, the committee is up against a couple that has deep networks of support across the conservative movement and Washington, including inside the committee. The panel’s Republican vice chairwoman, Representative Liz Cheney of Wyoming, has led the charge in holding Mr. Trump to account for his efforts to overturn the election, but has wanted to avoid any aggressive effort that, in her view, could unfairly target Justice Thomas, the senior member of the Supreme Court.So although a debate has broken out inside the committee about summoning Ms. Thomas to testify, the panel at this point has no plans to do so, leaving some Democrats frustrated. That could change, however: On Friday, despite the potential for political backlash, Ms. Cheney indicated she has no objection to the panel asking Ms. Thomas for a voluntary interview.A New York Times Magazine investigation last month examined the political and personal history of Ms. Thomas and her husband. That included her role in efforts to overturn the election from her perch on the nine-member board of CNP Action, a conservative group that helped advance the “Stop the Steal” movement, and in mediating between feuding factions of organizers “so that there wouldn’t be any division around Jan. 6,” as one organizer put it.During that period, the Supreme Court was considering a number of cases related to the election, with Justice Thomas taking positions at times sympathetic to Mr. Trump’s efforts to challenge the outcome.This month, Ms. Thomas acknowledged attending the rally that preceded the violence in an interview with a conservative news outlet, but otherwise downplayed her role. Then came disclosure of the texts to Mr. Meadows, the contents of which were earlier reported by The Washington Post and CBS News.If the committee does not summon Ms. Thomas, some legal analysts said, it runs the risk of appearing to have a double standard. The panel has taken an aggressive posture toward many other potential witnesses, issuing subpoenas for bank and phone records of both high-ranking allies of the former president and low-level aides with only a tangential connection to the events of Jan. 6.“I think it would be a dereliction not to bring her in and talk to her,” said Kimberly Wehle, a University of Baltimore law professor who has closely tracked the committee’s work. “It certainly is inconsistent with their neutral, ‘find the facts where they go’ type of approach to this.”The committee’s light touch with Ms. Thomas to date reflects a number of considerations by both members and investigators, according to people familiar with the inquiry. Some saw the pursuit of Ms. Thomas as a distraction from more important targets. Others worried that pursuing Ms. Thomas could by implication sully the reputation of Justice Thomas, an icon among the Republican base. Still others argued that the panel could not know the full extent of her role without further questioning. And some members of the committee saw the text messages for the first time on Thursday.Text messages show that Ms. Thomas relentlessly urged the president’s chief of staff to overturn the 2020 presidential election.Susan Walsh/Associated PressThe lack of consensus also underscores the extent to which Justice Thomas’s shadow, including his network of supporters and former clerks, looms over various aspects of the investigation. Three of Justice Thomas’s former clerks — a federal judge, a top committee investigator and a key adviser to Mr. Trump — have major roles in the matter.A main strategist in the effort to try to overturn the election, the lawyer John Eastman, was a former clerk of Justice Thomas’s. John Wood, one of the Jan. 6 committee’s top investigators and another former Thomas clerk, is leading the so-called gold team examining Mr. Trump’s inner circle. And a federal judge, Carl J. Nichols, who is hearing cases related to the Capitol riot, is also a former clerk of Justice Thomas’s.This dynamic was on display during a deposition in December of Mr. Eastman, who was subpoenaed by the committee to talk about his role in helping Mr. Trump try to overturn the election. Mr. Wood began the questioning by noting that Mr. Eastman had once served as a clerk to Justice Thomas.“Like you, John,” Mr. Eastman shot back.For at least several weeks, the committee’s senior level has discussed whether to call Ms. Thomas to testify, as well as whether to issue subpoenas for any other communications she may have had with the White House or the president’s legal team about the election, including a message she told Mr. Meadows she sent to Mr. Kushner, according to people with knowledge of the investigation.There are plenty of leads to pursue. The committee could recall Dustin Stockton, a rally organizer who told The Times about a conversation he had with Caroline Wren, a Republican who helped raise money for the Jan. 6 “March for America,” in which she described Ms. Thomas’s peacemaking role. They could also recall Amy Kremer and Jenny Beth Martin, two rally organizers close to Ms. Thomas, to ask about her postelection communications with them.It could subpoena records from not only Ms. Thomas, but also CNP Action, which was deeply involved in the effort to spread falsehoods about the election. Investigators could ask her the name of the friend she was referring to when she wrote back to thank Mr. Meadows, saying: “Needed that! This plus a conversation with my best friend just now…I will try to keep holding on.” (Ms. Thomas and her husband have publicly referred to each other as their best friends.) Ultimately, they could ask her whether she had discussed Mr. Trump’s fight to overturn the election with her husband.Ms. Thomas said she attended a rally on Jan. 6 before the pro-Trump mob attacked the Capitol.Pete Marovich for The New York TimesJustice Thomas has declined to comment on the matter, through a representative. A lawyer for Ms. Thomas did not immediately respond to a request for comment.Privately, some Republicans conceded that Ms. Thomas’s texts to Mr. Meadows were a mistake — particularly ones in which she urged Mr. Meadows to make Sidney Powell, a lawyer who had advocated conspiracy theories about voting machines being hacked, the face of the legal team. Yet the Republicans, who spoke on the condition of anonymity because they worried about being seen as critical of Ms. Thomas, predicted that if Democrats increased pressure on the Thomases, the right would counter with more calls for investigations of Democrats if Republicans win back the House in the November elections.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Virginia Thomas’ text messages. More

    • 163 Shares189 Views

      in Elections

      Justice Thomas Ruled on Election Cases. Should His Wife’s Texts Have Stopped Him?

      by

      The nature of the text messages was enough to require recusal, legal experts said. But the Supreme Court has traditionally left such decisions to the discretion of the justice in question.WASHINGTON — The disclosure that Virginia Thomas, the wife of Justice Clarence Thomas, had sent a barrage of text messages to the Trump White House urging efforts to overturn the 2020 election brought into sharp focus the conflict of interest her political activism has created — and the lack of a clear-cut remedy.It is one thing, experts in legal ethics said on Friday, for the spouse of a Supreme Court justice to express political views, even ones shot through with wild conspiracy theories. That may not by itself require the justice’s recusal from cases touching on those views.But the text messages from Ms. Thomas, a longtime conservative activist who goes by Ginni, revealed something quite different and deeply troubling, experts said.The messages from Ms. Thomas to Mark Meadows, President Donald J. Trump’s chief of staff, sent during and just after the fraught weeks between the 2020 presidential election and the Jan. 6 attack on the Capitol, demonstrated that she was an active participant in shaping the legal effort to overturn the election.“I’m not sure how I would have come out if we just had a lot of texts from her saying that ‘this is terrible,’ said Amanda Frost, a law professor at American University in Washington.“But she wasn’t doing just that,” Professor Frost said. “She was strategizing. She was promoting. She was haranguing.”The texts were among about 9,000 pages of documents that Mr. Meadows turned over to the congressional committee investigating the Capitol attack. Democrats immediately seized on the disclosure to draw attention to the conflicts they said were presented by Ms. Thomas’s political activities and to press Justice Thomas to recuse himself from cases concerning the election and its aftermath. Senator Ron Wyden, Democrat of Oregon, said that Justice Thomas’s “conduct on the Supreme Court looks increasingly corrupt” and that he had been “the lone dissent in a case that could have denied the Jan. 6 committee records pertaining to the same plot his wife supported.”Justice Thomas, Mr. Wyden said, “needs to recuse himself from any case related to the Jan. 6 investigation, and should Donald Trump run again, any case related to the 2024 election.”But Justice Thomas, who was released from the hospital on Friday after being treated for the last week for flulike symptoms, has long been a pillar of the conservative establishment. Republicans, even those who have distanced themselves from Mr. Trump and the more extreme wing of their party, showed no interest in pressuring him to recuse himself.Ms. Thomas’s text messages were heated and forceful, urging Mr. Meadows to pursue baseless legal challenges. “Biden and the Left is attempting the greatest Heist of our History,” one said.Ms. Thomas’s activities should have prompted Justice Thomas to disqualify himself from cases related to them, said Stephen Gillers, a law professor at New York University.“He had an obligation not to sit in any case related to the election, the Jan. 6 committee or the Capitol invasion,” he said.Professor Frost agreed that the situation was “an easy case.”“When your spouse is conversing with people who have some control over litigation to challenge an election,” she said, “you shouldn’t be sitting on the Supreme Court deciding that election or any aspect of it.”But Justice Thomas did participate in a ruling in January on an emergency application from Mr. Trump asking the court to block release of White House records concerning the attack on the Capitol. The court rejected the request, in a sharp rebuke to the former president.Only Justice Thomas noted a dissent, giving no reasons.He also participated in the court’s consideration of whether to hear a related appeal, one in which Mr. Meadows filed a friend-of-the-court brief saying that “the outcome of this case will bear directly” on his own efforts to shield records from the House committee investigating the attacks beyond those he had provided.The Supreme Court last month refused to hear the case, without noted dissent. There was no indication that Justice Thomas had recused himself.In December 2020, around the time of the text messages, Justice Thomas participated in a ruling on an audacious lawsuit by Texas asking the court to throw out the election results in four battleground states. The court rejected the request, with Justices Thomas and Samuel A. Alito Jr. issuing a brief statement suggesting the majority had acted too soon in shutting the case down.In February 2021, Justice Thomas addressed election fraud in a dissent from the Supreme Court’s decision to turn away a challenge to Pennsylvania’s voting procedures.Ms. Thomas’s messages urged Mark Meadows, President Donald J. Trump’s chief of staff, to pursue baseless legal challenges.Oliver Contreras for The New York Times“We are fortunate that many of the cases we have seen alleged only improper rule changes, not fraud,” he wrote. “But that observation provides only small comfort. An election free from strong evidence of systemic fraud is not alone sufficient for election confidence.”Justice Thomas did not respond to a request for comment on Friday.All federal judges, including Supreme Court justices, are subject to a federal law on recusal. The law says that “any justice, judge or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”Judging by the nature of the text messages and the uproar over them, that provision alone is enough to require Justice Thomas’s recusal, legal experts said.A more specific provision concerning relatives, including spouses, might also apply to his situation. Judges should not participate, the law says, in proceedings in which their spouse has “an interest that could be substantially affected by the outcome of the proceeding.”Professor Gillers said the word “interest” was the key.“By writing to Meadows, who was chief of staff and active in the ‘Stop the Steal’ movement, she joined the team resisting the results of the election,” Professor Gillers said. “She made herself part of the team and so she has an interest in the decisions of the court that could affect Trump’s goal of reversing the results.”The Trump InvestigationsCard 1 of 6Numerous inquiries. More

    • 150 Shares119 Views

      in Elections

      Ginni and Clarence Thomas Are Making a Mockery of the Supreme Court

      by

      What did Justice Clarence Thomas know, and when did he know it?The question usually gets directed at politicians, not judges, but it’s a fair one in light of the revelation on Thursday that Justice Thomas’s wife, Ginni, was working feverishly behind the scenes — and to a far greater degree than she previously admitted — in a high-level effort to overturn the 2020 presidential election.As The Washington Post and CBS News first reported, Ms. Thomas, a supremely well-connected right-wing agitator, was in constant communication with the White House in the weeks following the election, strategizing over how to keep Donald Trump in office despite his incontrovertible loss. “Do not concede,” she texted to Mark Meadows, Mr. Trump’s chief of staff, on Nov. 6, the day before the major news networks called the election for Joe Biden. “It takes time for the army who is gathering for his back.” (To date, Mr. Trump has not conceded.)In dozens of messages with Mr. Meadows over several weeks, Ms. Thomas raged over baseless allegations of voter fraud and shared unhinged conspiracy theories, including one that the “Biden crime family” was in the process of being arrested and sent to Guantánamo Bay for “ballot fraud.”“Help This Great President stand firm, Mark!!!” Ms. Thomas wrote at one point. “The majority knows Biden and the Left is attempting the greatest Heist of our History.”Ms. Thomas had already acknowledged some involvement in the fight over the 2020 election count, recently confirming that she attended the Jan. 6 Stop the Steal rally in Washington, but she said she went home before Mr. Trump spoke to the crowd and before a mob of hundreds stormed the Capitol in a violent attempt to block the certification of Mr. Biden’s Electoral College victory. The texts reveal that her efforts to subvert the election were far more serious than we knew.Now recall that in January, the Supreme Court rejected Mr. Trump’s request to block the release of White House records relating to the Jan. 6 Capitol attack. Mr. Meadows had submitted a brief in the case supporting Mr. Trump. The court’s ruling came as an unsigned order, with only one noted dissent: from Justice Thomas.Perhaps Justice Thomas was not aware of his wife’s text-message campaign to Mr. Meadows at the time. But it sure makes you wonder, doesn’t it?And that’s precisely the problem: We shouldn’t have to wonder. The Supreme Court is the most powerful judicial body in the country, and yet, as Alexander Hamilton reminded us, it has neither the sword nor the purse as a means to enforce its rulings. It depends instead on the American people’s acceptance of its legitimacy, which is why the justices must make every possible effort to appear fair, unbiased and beyond reproach.That may seem naïve, particularly in the face of the crippling assaults on the court that Mitch McConnell and his Senate Republicans have carried out over the past six years in order to secure a right-wing supermajority that often resembles a judicial policy arm of the Republican Party — starting with their theft of a vacancy that was President Barack Obama’s to fill and continuing through the last-second confirmation of Amy Coney Barrett while millions of voters were already in the process of casting Mr. Trump out of office.And yet the public’s demand for basic fairness and judicial neutrality is not only proper but critical to the court’s integrity, as the justices, whoever nominated them, are well aware. Partly in response to the court’s tanking public-approval ratings, several of them have grown increasingly outspoken in defense of their independence. (Though not all of them.)The most obvious way for justices to demonstrate that independence in practice, of course, is to recuse themselves from any case in which their impartiality might reasonably be questioned. It does not matter whether there is, in fact, a conflict of interest; the mere appearance of bias or conflict should be enough to compel Justice Thomas or any other member of the court to step aside.Many of them have over the years, out of respect for the court as an institution and for the public’s faith in their probity. Just this week, Judge Ketanji Brown Jackson vowed that if confirmed she would recuse herself from an upcoming case challenging Harvard’s affirmative-action policies, because of her multiple personal and professional connections to the university. Legal-ethics experts are not even in agreement that her recusal would be necessary, but Judge Jackson is right to err on the side of caution.Justice Thomas has paid lip service to this ideal. “I think the media makes it sound as though you are just always going right to your personal preference,” he said in a speech last year. “That’s a problem. You’re going to jeopardize any faith in the legal institutions.”Bench memo to the justice: You know what jeopardizes public faith in legal institutions? Refusing to recuse yourself from numerous high-profile cases in which your wife has been personally and sometimes financially entangled, as The New Yorker reported in January. Especially when you have emphasized that you and she are melded “into one being.” Or when you have, as The Times Magazine reported last month, appeared together with her for years “at highly political events hosted by advocates hoping to sway the court.”Ms. Thomas’s efforts, and her husband’s refusal to respond appropriately, have been haunting the court for years, but this latest conflagration shouldn’t be a close call. “The texts are the narrowest way of looking at this,” Stephen Gillers, a New York University law professor and one of the nation’s foremost legal-ethics experts, told me. “She signed up for Stop the Steal. She was part of the team, and that team had an interest in how the court would rule. That’s all I need to know.” He said he has over the years resisted calling for Justice Thomas’s recusal based on his wife’s actions, “but they’ve really abused that tolerance.”Yes, married people can lead independent professional lives, and it is not a justice’s responsibility to police the actions of his or her spouse. But the brazenness with which the Thomases have flouted the most reasonable expectations of judicial rectitude is without precedent. From the Affordable Care Act to the Trump administration’s Muslim ban to the 2020 election challenges, Ms. Thomas has repeatedly embroiled herself in big-ticket legal issues and with litigants who have wound up before her husband’s court. All the while, he has looked the other way, refusing to recuse himself from any of these cases. For someone whose job is about judging, Justice Thomas has, in this context at least, demonstrated abominably poor judgment.If Justice Thomas were sitting on any other federal court in the country, he would likely have been required by the code of judicial ethics to recuse himself many times over. But the code does not apply to Supreme Court justices, creating a situation in which the highest court in the land is also the most unaccountable.This is not tolerable. For years, Congress has tried in vain to extend the ethics code to the Supreme Court. For the sake of fundamental fairness and consistency, the code must apply to all federal judges; it would at the very least force the hand of those like Justice Thomas who seem unmoved by any higher sense of duty to the institution or to the American people who have agreed to abide by its rulings.The court is in deep trouble these days, pervaded by what Justice Sonia Sotomayor recently called the “stench” of partisanship — a stench arising in no small part from the Thomases’ behavior. It is hard to imagine that the other justices, regardless of their personal politics, aren’t bothered.No one should have to choose between their devotion to their spouse and their duty to the nation. But Justice Thomas has shown himself unwilling or unable to protect what remains of the court’s reputation from the appearance of extreme bias he and his wife have created. He would do the country a service by stepping down and making room for someone who won’t have that problem.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More