Harlan Crow refuses to provide information that Senate Democrats are seeking

The news

Billionaire Republican donor Harlan Crow this week refused to accede to a request from the Senate Judiciary Committee to hand over information about gifts and travel he provided to Judge Clarence Thomas.

“After careful consideration, we do not believe the committee has the authority to investigate Mr. Crow’s personal friendship with Judge Clarence Thomas,” Michael D. Bopp, Mr. Crow’s attorney, wrote to the panel Monday.

Senator Richard J. Durbin, an Illinois Democrat and the committee’s chairman, opposed the rejoinder, saying in a statement Tuesday that Mr. Crow had not provided a “credible response” to his panel’s requests.

Why it matters

The refusal of Mr Crow’s representatives to hand over the information is not surprising, but it will certainly intensify the battle between Democratic lawmakers and the Supreme Court over what ethical standards should apply to the court.

“Harlan Crow believes that the secrecy of his lavish gifts to Judge Thomas is more important than the reputation of the highest court in this country,” Mr Durbin said in his statement. “He’s wrong.”

Mr. Bopp effectively argued that the committee could not legitimately use the information.

“Most importantly, Congress does not have the constitutional power to impose ethical rules and standards on the Supreme Court,” he wrote.

If the Democrats see themselves being held back, they may ramp up their efforts and even try to subpoena documents from Mr. Crow, a step Mr. Durbin has been reluctant to take so far.

A subpoena could be a major test of the separation of powers and Congress’ authority to enforce rules on the Supreme Court.

Background

Reports from ProPublica and others revealed that Judge Thomas had been getting luxury travel for years from Mr. Crow, who also bought property from him and paid for private school tuition for his relative — arrangements not mentioned in the judge’s financial disclosures. Justice Thomas has said he believed he didn’t have to report the trip because of an exemption for personal hospitality from friends.

Supreme Court members have said they are not bound by the disclosure rules that apply to the rest of the federal judiciary, but adhere to them voluntarily. Chief Justice John G. Roberts Jr. declined an invitation to appear before the committee this month to discuss ethical requirements in court.

What’s next

Mr Durbin said the committee would respond quickly “more fully” to Mr Crow’s position and would “continue to seek a substantive response to our inquiries in order to develop and promote the targeted ethics legislation needed to build trust in to help restore the Supreme Court.”

With California Democrat Senator Dianne Feinstein re-voting as a member of the Judiciary Committee after a months-long absence, Mr. Durbin could conceivably muster a majority for a subpoena. Republicans on the panel have accused Democrats of unfairly attacking the judges because of the court’s current conservative majority.