JANUARY: “Justice Thomas failed to disclose wife’s income”

Group says at least $686,589 unreported
Kim Geiger
Tribune Washington bureau

WASHINGTON – Supreme Court Justice Clarence Thomas failed over the course of at least five years to report his wife’s income from a conservative think tank on his financial disclosures, according to the watchdog group Common Cause.

Between 2003 and 2007, Virginia Thomas, a longtime conservative activist, was paid $686,589 by the Heritage Foundation, a conservative think tank, according to a Common Cause review of IRS records. Thomas failed to note the income in his financial disclosure forms for those years, choosing instead to check a box titled “none” where “spousal non-investment income” would normally be disclosed.

A Supreme Court spokesperson authorized to speak on behalf of the justices could not immediately be reached for comment. But Virginia Thomas’ employment by the Heritage Foundation was well known at the time.

Virginia Thomas also has been active in the group Liberty Central, an organization she founded for the purpose of restoring the “founding principles” of limited government and individual liberty.

In his 2009 disclosure, Justice Thomas also reported spousal income as “none.” Common Cause contends that Liberty Central paid Thomas an unknown salary during that year.

Federal judges are bound by law to disclose the source of spousal income, according to Stephen Gillers, a law professor at New York University Law School. Thomas’s omission – which could be interpreted as a violation of that law – could lead to some form of penalty, Gillers said.

“It wasn’t a miscalculation, he simply omitted his wife’s source of income for six years, which is a rather dramatic omission,” said Gillers.

“It could not have been an oversight.”

But Steven Lubet, an expert on judicial ethics at Northwestern University School of Law, said that such an infraction was unlikely to result in a penalty.

Published in: Class Activities/Discussion, Institutions, The Supreme Court on January 23, 2011 at6:35 AM Comments (7)


7 Comments      Leave a comment.

  1. on January 31, 2011 at 8:44 PMkatie emery Said:

    My big question about this article is why does it matter how much Justice Thomas’ wife makes? Sure, it’s a little sketchy that he hid the amount, but at the same time what does it matter what she makes? Are the people concerned that he is accepting bribes through his wife? Obviously I’m not the biggest pro on this subject, hence my inability to understand the importance of the Justice’s wife’s income disclosure. I agree that this infraction most likely will not result in a penalty, nor do I believe it is worthy of a penalty, however I do believe he should be a lot more careful in the future to not make the same mistakes. This mistake affects his validity and honesty. People may view this mistake as a reason that the Justice is untrustworthy. I don’t know if public opinion matters for Justices, however, seeing that they have a life long term anyways. Could something like this affect them and remove them from their position? IS it possible that Thomas’ wife is accepting bribes for her husband, or even for herself? Together, it is obvious the duo makes plenty of money, bribery seems plain foolish. How much do Justices make anyway?

    Reply

  2. on February 3, 2011 at 5:55 PMkatie emery Said:

    Connection/Extension

    I was curious to see how much Supreme Justices make. After doing some research, I discovered a Supreme Justice makes about $220,000 a year.

    Reply

  3. on February 4, 2011 at 11:02 PMDanielle Russell Said:

    Danielle Russell
    Period 2

    Comment: Situations like this one with Supreme Court Justice Clarence Thomas, are the reason that most Americans do not trust or believe in a lot of their politicians. Citizens of America want their leaders to be held to a higher standard as them since they are watched so closely, or at least held at the same standard. Knowing that one of the officials that helps run our country is secretly taking money and lying about it, while preaching about the wrongness of breaking the law is disgusting. He may try to blow it off as no big deal, but doing what he has done makes him the epitome of a corrupt politician. If he were anyone else he would be prosecuted and most likely have to serve some jail time. Seeing the double standard in action proves that our political system is crooked and needs to change.

    Connection: Justice Clarence Thomas’ wife took in most of her money from the Heritage Foundation, so I wanted to know what exactly it is and what it does. It is a Conservative think tank that influences public policy making. Its mission statement is to, “formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.”

    Reply

  4. on February 4, 2011 at 11:14 PMWhitney Varney Said:

    Comment
    Well. This sucks for the judge that got caught. This is obviously illegal, whether he will actually be punished for this is probably unlikely. I’m sure he’ll find some crafty loopholes to dodge through and avoid any serious consequences. I wonder how he thought he was going to get away with it, I mean, almost seven hundred thousand dollars is a lot of income to say wasn’t there. And he did it a few times too when it was time to file new reports. He was obviously aware of his actions and it couldn’t have been a mistake. I obviously think that he shouldn’t have done this, its going to cost him a lot of money, after lawyers and everything, and maybe his job. This was a poor decision on his part, if only he’d have listed his wife’s income, he could have avoided this whole mess.

    Question:
    I wonder, was he doing this to avoid taxes? Or did he just not want it to interfere with his job in some way. Did she make more money that he did? If so, that would probably be very embarrassing and maybe the reason why he tried to hide it. I don’t think he did this to avoid taxes, it didn’t say anything about that in the article.

    Reply

  5. on February 4, 2011 at 11:45 PMTammra Skagen Said:

    Tammra Skagen Per.4

    Comment: Who would deliberately check “none” on an income tax for their spouse? Don’t you have to list them on your taxes, or they will list you on theirs? Anyways, I find this article to be somewhat pointless. Yes, it is a serious case for the IRS and all. But, I don’t see it as something that the country needs to hear about. That is definitely a private matter. Although, once placed into Congress, you tend to give up your right of privacy, with all the different types of media and all.

    Extension: “The foregoing was not intended or written to be used, nor can it used, for the purpose of avoiding penalties that may be imposed upon the taxpayer.“ Assuming from the research I did, he checked “none” so that he would not get into trouble with the money that she was receiving from the Heritage Foundation. This, from the look of their website, is a reliable source of information on what is going on in Capitol Hill. As well as past information. They have a slogan of “Leadership For America”. So the Heritage Foundation was paying Virginia Thomas, for what I would assume to be, information from her husband on whatever the latest story is.

    Reply

    • on February 10, 2011 at 5:51 PMkatie emery Said:

      YESSSS I agree that this article is POINTLESS. The nation has bigger problems to deal with than a Justice hiding his wife’s money. There are wars to fight, equality to accomplish, and, oh yea, a MASSIVE national debt that we need to find a way to pay for. Really, we need to set our priorities as a nation to do what is best for all. In some ways having complete freedom is a bad as a whole because everybody is fighting against each other to be heard. Somehow a compromise needs to be made to unite our country.

      Reply

  6. on February 7, 2011 at 9:08 PMSarah Patton Said:

    Sarah Patton
    Period 4
    Response to Danielle Russell:

    I completely agree in the fact that this destroys the trust Americans have towards their politicians. Men and women of influential status are the representatives of this nation. Whether they’re rock stars or politicians they’re still our representatives, and when they shame our country, it puts Americans even further down. Already politicians have been known to be corrupt. This just enforces the preconceived ideas that people have. It seems like no one can trust them anymore. I can’t believe Justice Thomas hid $686,589 for six years. That’s ridiculous. Also, if he isn’t penalized for this misdeed, it just goes to show how easy famous or influential people are able to “run away from the law.” It’s so often to hear those famous/powerful people to escape the punishment normal people would have to face if they had committed those misdemeanors.

    Reply

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