US judiciary rejects Clarence Thomas' request for referral to Justice Department | Clarence Thomas

A judicial decision-making body on Thursday rejected a request by Democratic lawmakers to refer conservative U.S. Supreme Court Justice Clarence Thomas to the Justice Department to review allegations that he failed to disclose gifts and travel provided by a rich benefactor.

The secretary of the American Judicial Conference, the federal judiciary's top decision-making body, pointed to changes Thomas made to his annual financial disclosure reports for the decision.

In a separate letter, the conference declined to refer liberal Justice Ketanji Brown Jackson to the Justice Department based on a conservative group's claims that she failed to disclose the source of her husband's consulting income. Jackson has since changed his disclosures, the letter said.

Democratic lawmakers Sheldon Whitehouse, a senator from Rhode Island, and Hank Johnson, a congressman from Georgia, had asked the conference to return Thomas to the department after a ProPublica report in April 2023 found that Thomas had not declared having been treated to luxury trips by the rich. Harlan Crow, Texas businessman and Republican donor.

Their letter argued that a referral to the Justice Department was warranted because Thomas deliberately failed to comply with the financial disclosure requirements of the Ethics in Government Act of 1978.

Thomas had said he was told he was not required to report this type of personal hospitality and would do so starting with his 2022 annual report, which was filed in August 2023.

Robert Conrad, a U.S. district judge who heads the judicial branch's administrative department and serves as secretary of judicial conferences, wrote that the judicial branch has been busy since 2023 updating its financial disclosure requirements and clarify when the personal hospitality exemption does not apply.

He said Thomas has filed amended financial disclosure reports since the issues first emerged and has agreed to follow relevant guidance issued to other federal judges, including new policies.

We have no reason to believe that he did anything less, Conrad wrote.

In refusing to refer the matter to the Justice Department, Conrad cited constitutional questions about whether the judicial conference could do so, which require further study.

He also said the lawmakers' request came up when Whitehouse, along with another senator, wrote directly to Attorney General Merrick Garland asking him to appoint a special counsel to investigate the same matters.

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