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Clarence Thomas' Undisclosed Gifts: Concerns Over Self-Governance & Public Trust

May 5, 2023EdgeTheory

Chief Justice's Response Brings Scrutiny To Court Self-Governance

Supreme Court Justice Clarence Thomas accepted lavish gifts from a GOP megadonor, and U.S. media outlets are spinning the story according to their bias.


These Kudzu briefs auto-update every few hours with fresh analyses on the controversy:


Synopsis

Thomas has received numerous gifts over an extended time period from billionaire and friend Harlan Crow without disclosing them, possibly violating the law. Congress requested an investigation, but the Chief Justice Roberts has instead referred the request to the Judicial Conference.

The gifts included the following: 

  • three Georgia properties worth over $130k
  • several luxury trips worth over $500k
  • private school tuition for a family member worth as much as $150k


Significance

Clarence Thomas' non-disclosure, and Chief Justice Roberts' reaction raises questions about the Supreme Court's lack of ethics office or code, leaving justices without guidance about what gifts they can accept and how to report them. The lack of transparency undermines public trust in the judicial branch and highlights the need for a formal code of conduct for Supreme Court justices.


Competing Narratives

Accountability

  • Thomas should be held accountable for a clear ethical violation.
  • This was not an ethical lapse; the gifts were not intended to influence Thomas' decisions on the bench.
  • Thomas was advised by colleagues that gifts of this kind were nor reportable, since they constituted "personal hospitality from close personal friends, who did not have business before the Court."
  • Thomas is demonstrating his own guilt by planning to amend his financial disclosure forms to reflect his 2014 real estate deal with Harlan Crow.
  • Harlan Crow and U.S. Supreme Court Justice Clarence Thomas are the victims of a political hit job.

Supreme Court Governance

  • The Supreme Court should have an ethics office or code of conduct to hold justices accountable, and Congress should pass legislation mandating them.
  • The Court has operated without a formal code of ethics since the nation's founding and such a code is unnecessary.
  • The Judicial Conference is sufficient to investigate and enforce ethics, and lawmakers in both parties have long upheld a centuries-old tradition of letting the Supreme Court police itself.

Insights from Kudzu Narrative AI Widgets

Activity

Left-leaning sources have more heavily amplified this story, even after accounting for differences in representation. There are more than twice as many left-leaning news outlets in the Kudzu U.S. Media Module, but the left-leaning outlets have amplified more than twice as many stories than the right-leaning outlets.

Of the 543 left-leaning news outlets we follow, 213 (39.2%) of them have amplified 1,533 related stories.

Of the 266 right-leaning news outlets we follow, 79 (29.7%) of them have amplified 645 related stories.


Top Keywords

Phrases related to Thomas’ gifts made the top keywords list for left-bias outlets:

  • “private jet”
  • “private resort”
  • “wife ginni” (Thomas’ wife also was also a gift recipient)

The right-bias list uniquely contained words that presumably support his innocence

  • “personal hospitality”
  • “financial disclosure” 

Interestingly, “luxury trips” appeared on both lists.

top keywords from left-bias outlets amplifying the Clarence Thomas gift scandal
Top keywords from left-bias outlets: unique items are possibly from phrases used to highlight the lavish gifts Thomas received.
top keywords from right-bias outlets amplifying the Clarence Thomas gift scandal
Top keywords from right-bias outlets: unique items are possibly from phrases used to support Thomas' innocence.



Most Ampflified Outlets

Left-bias outlets have amplified the story with much more even participation, including Raw Story, Bloomberg, CNN, etc. In contrast, the Washington Times has heavily dominated the right-bias reporting, followed by the Washington Examiner and Fox News.

top left-bias outlets amplifying the Clarence Thomas gift scandal
Top outlets from left-bias media: the top amplifiers show rather even participation.
top right-bias outlets amplifying the Clarence Thomas gift scandal
Top outlets from right-bias media: the top amplifiers command a large proportion of the traffic.




Top Amplifiers By State

California-based outlets have reported significantly on both sides, sharing similar volume with  New York and Maine on the left, and Florida and Texas on the right. Texas and Florida have been significant contributors on both sides of the isle, as have several others, such as Pennsylvania and Minnesota.

Top outlets by state from left-bias media: the top amplifiers are based in New York, California, and Maine.
Top outlets by state from right-bias media: the top amplifiers are based in California, Florida, and Texas.





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