Conservative judicial activist Leonard Leo has stated that he will not comply with a subpoena issued by Democrats on the Senate Judiciary Committee as part of their investigation into ethics practices at the Supreme Court. The subpoena was issued by Judiciary Committee Chairman Dick Durbin following reports that Justice Clarence Thomas took luxury trips with a Republican megadonor, Harlan Crow, and did not disclose them. The subpoena was issued to Leo, who has been accused of stonewalling the committee’s investigation.
Durbin stated that Leo’s refusal to comply with the subpoena left the committee with no choice but to move forward with compulsory measures. Leo’s lawyer, David Rivkin, responded by stating that his client would not comply with the “unlawful and politically motivated subpoena,” accusing Senator Sheldon Whitehouse and Democrats of attempting to silence political opposition. Leo, who has played a key role in the confirmation of conservative Supreme Court justices, is the co-chairman of the Federalist Society.
Senate Democrats launched an investigation into ethics issues at the Supreme Court, focusing on gifts, trips, and lodging provided to justices. Leo and Crow’s involvement in luxury trips provided to Thomas and Justice Samuel Alito came under scrutiny. Republicans criticized Democrats’ demands for information, claiming it was an attempt to undermine the Supreme Court. Democrats have been seeking documents related to the gifts and trips provided to the justices, including trips that Thomas and Alito took that were not disclosed.
Following reports of Thomas and Alito’s trips, the Judiciary Committee requested information from Crow, Leo, and other donors involved in providing trips to the justices. Leo has repeatedly declined the committee’s requests, stating that the inquiry lacked a valid legislative purpose. Republicans defended Thomas and Alito, accusing Democrats of unfairly targeting them while ignoring ethical issues involving other justices on the Supreme Court.
The investigation into ethics issues at the Supreme Court has raised questions about the need for a binding code of ethics for the justices. Last year, the Judiciary Committee advanced legislation that would require the Supreme Court to adopt an enforceable set of ethics rules. The court announced that it had adopted a formal code of conduct in November, though it does not include an enforcement mechanism. The investigation into ethics practices at the Supreme Court continues to be a point of contention between Democrats and Republicans in the Senate Judiciary Committee.
