A legal expert on Thursday shot down Clarence Thomas’ claim that he “inadvertently omitted” previously undisclosed gifts.
Senior Harvard lecturer and former federal judge Nancy Gertner during an appearance on CNN’s “Anderson Cooper 360” told guest host John Berman that Thomas has created the “appearance of impropriety.”
“So Judge Gertner, you see Justice Thomas claimed he ‘inadvertently omitted’ a private real estate deal, private plane travel and vacations all tied to billionaire Harlan Crow. Do you buy that?” Berman asked.
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“No, I don't buy it,” Gertner replied, noting reporting in ProPublica that indicates that “Thomas had at one point disclosed the private plane trips by Harlan Crow. Then there was an L.A. Times article about it, and the disclosures stopped.”
Gertner said that under recently amended rules judges are required to disclose anything of value they receive, except personal hospitality.
“One of the plane trips was a flight to New Haven to give a speech, she said, noting that Thomas “was well outside of personal hospitality.
“But let me just say, in the broader context, every federal judge who's listening to this every federal judge who's been on the bench…is barred from taking money for speeches, is restricted to how much money you can get teaching, is restricted to travel to that is beyond economy travel, and the reason for that is not just actual impropriety, but the appearance of impropriety.
“The concern that we don't look like we are bought, and even if it's not true, it sets that appearance and clearly what ProPublica is describing, which is the 38 destination vacations… (It) certainly raises the appearance of impropriety, especially when they were not disclosed.”
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