Retired judge reacts to ethics claims about Justice Thomas
Thomas defenders are saying there has been some ambiguity whether personal hospitality needs to be reported. What do you make of this all? Well, Jake, the plot sickens and thank you for inviting me back. It seems like as these lavish gifts that Clarence Thomas has taken, as they increase, the public's respect for the High Court is just sinks even lower and lower. So let me kind of put this in context. In California, there's a flat rule, No gifts. No gifts for judges, no box of candy that the lawyer drops off for the court staff at Christmas, No paying for a judge's cup of coffee. No free tickets to music concerts. Pay your own way. The reason that rule exists is because the purpose of gifts, why do we give gifts is to get the recipient to like you. And if a judge likes you, it's harder for the judge to rule against you. So in this case, Clarence Thomas continues to receive these gifts. He's come up with every excuse. I'm surprised he hasn't blamed his wife because that seems to be the thing now. He hasn't blamed Jenny for this. So he is basically said, well, yeah, I should have maybe, but maybe the rule wasn't clear. If a defendant had come into a judge's court with that kind of an excuse, the judge would have said, you know, not happening and sent them off to jail or whatever. So in this instance, you know, I can hear 11 excuse for this is like I can take these big gifts and I can still be fair. I can still be fair and the judge may believe it, But the point is there is a perception that the judge cannot be fair because there's a conflict. You've taken all this gifts and money, all these things from people who then in some way another appear in front of you. Perception is as important as an actual conflict. Why? Because if the public perception. Is that the judge is conflicted. Then the public's trust in the institution is eroded and without the public's trust, respect for the court is gone and with it the court's authority. So the only remedy for any of this for Clarence Thomas is to recuse himself. If you've taken gifts and someone appears in front of you and or has an interest, you recuse yourself and, and he has continued to not do that.