Thomas said at ’18 Koch donor event
ProPublica report states high court justice didn’t disclose trip
Supreme Court Justice Clarence Thomas flew on a private jet in 2018 to speak at the annual winter donor summit of the Koch network — a trip that was intended to be a fundraising draw for the influential conservative political organization with interests before the court, according to a report published Friday by ProPublica.
At the summit in Palm Springs, Calif., Thomas attended a private dinner for the Koch network’s donors, ProPublica reported. According to the outlet, it was at least the second time Thomas had attended a meeting of the network founded by billionaire industrialist Charles Koch and his brother, David Koch, who died in 2019. Thomas did not disclose the 2018 trip, ProPublica reported.
The revelation adds to the controversies facing Thomas and the court more broadly that have led Democrats and court transparency advocates to call for the nine justices to adopt a binding code of ethics.
In recent weeks, at least two of the justices have publicly suggested that the court should act. On Friday, Justice Elena Kagan said she and her colleagues could adapt the policy that currently governs all lower-court judges to reflect the unique structure of the Supreme Court.
“I think it would be a good thing for the court to do,” Kagan said during a livestreamed conversation with the dean of Notre Dame’s law school. “It would help in our own compliance with the rules, and it would, I think, go far in persuading other people that we were adhering to the highest standards of conduct.”
Kagan noted that Justice Brett M. Kavanaugh had also recently said he hoped the court would soon take steps to address ethics issues.
The latest ProPublica report focused on Thomas’ interactions with the Koch network, which has given millions of dollars to a conservative legal organization behind one of the Supreme Court’s biggest cases of the term that begins in October. The group, Cause of Action Institute, is asking the justices to overturn a decades-old precedent long targeted by conservatives concerned about the power of federal government agencies. The precedent has been used extensively by the government to defend environmental, financial and consumer protection regulations.
In response to the report, Senate Judiciary Committee Chairman Richard J. Durbin, D-Ill., called for Thomas to recuse from the case, questioning whether the justice could be impartial because of his previously undisclosed involvement with the Koch network.
Thomas did not respond to a request for comment through a Supreme Court spokesperson. In a statement, a representative for the Koch network, which is formally known as Stand Together, pushed back on the notion that Thomas’ presence at the 2018 donor summit was improper.
“There is a long tradition of public officials, including Supreme Court justices, sharing their experiences, ideas and judicial philosophy with members of the public at dinners and other events,” Stand Together spokeswoman Gretchen Reiter stated. “All of the sitting justices and many who came before them have contributed to the national dialogue in speeches, book tours and social gatherings. Our events are no different. To claim otherwise is false.”
ProPublica has previously reported on Thomas’ friendship with influential Republican donor Harlan Crow, who over two decades has lavished gifts and financial favors upon Thomas. Crow has denied any impropriety.
In April, Sen. Sheldon Whitehouse, D-R.I., and Rep. Hank Johnson, D-Ga., called on the Judicial Conference, the federal court system’s policymaking body, to refer Thomas to the U.S. attorney general for potential ethics violations.
“Oh my,” Whitehouse said in a social media post Friday in response to the latest ProPublica report. “More undisclosed private jet travel … more engagement with billionaire-funded organizations scheming to influence the Court.”