A group of Democrats headed by Congressman Anthony Weiner (D-NY) are allegedly trying to get Supreme Court Justice Clarence Thomas disbarred in the state of Missouri. The claims are that Thomas lied about his wife’s income and donations that paid for an ad for Thomas during his 1991 confirmation hearing. See the Megyn Kelly video below.
Kelly reports that Anthony Weiner is denying that he is trying to get Justice Thomas disbarred – but listen to the complete explanation in the video. There is a very interesting discussion with a liberal attorney at the SCOTUS blog, Tom Goldstein, and his take on disbarment is encouraging.
These Congressional actions, which would likely be released before Congress goes into recess next week, bring to three the number of serious — and official — accusations being leveled against Justice Thomas.
Watchdog group Common Cause sent a letter to the Judicial Conference of the U.S. on January 21 asking it to determine if Justice Thomas had violated the Ethics in Government Act when he failed to disclose his wife’s income from 2003 to 2009, and refer the matter to the Attorney General’s Office if it found the allegation to be true.
Justice Thomas wrote to the Committee on Financial Disclosure the same day and explained that he didn’t disclose his wife’s substantial income “…due to a misunderstanding of the filing instructions.” Some lawyers say this amounts to a confession of perjury, and add that the filing instructions merely ask if the filer is married, and if so, if the spouse had any non-investment income.
Then, on February 23rd, a progressive activist group, Protect Our Elections, made a formal complaint covering the same allegations — and more — about Thomas’ actions to the Missouri Supreme Court; allegations — especially the allegations of perjury — that could potentially lead to Justice Thomas’ disbarment in that state, where he’s licensed to practice law.
“If someone confessed to 13 years of perjury that could certainly be a violation of the Missouri Code of Professional Conduct, [and] it would not be unusual for a disbarment to flow from that,” says Barbara Glesner Fines, associate dean of the University of Missouri Law School in Kansas City, Mo.
Whether being disbarred would necessarily lead to Thomas’ formal removal from the bench through impeachment is a matter of opinion and by no means an assured fact. The Constitution only says that “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior” (Article III Section 1), and doesn’t define said behavior, so theoretically, a Federal judge could be disbarred and keep his or her job.
Megyn Kelly on Anthony Weiner and Disbarring Clarence Thomas in Missouri (video)