Schwalb is looking into allegations that Leo is illegally profiting off non-profits. Jordan and Comer have responded by threatening to subpoena Schwalb.
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Meanwhile on the other side of the U.S. Capitol, Republicans on the Senate Judiciary Committee walked out en masse, boycotting Democrats’ effort to subpoena Leo and Republican jurisprudence sugar daddy Harlan Crow over the hundreds of thousands of dollars in gifts he’s given to Justice Clarence Thomas and his wife Ginni over the decades, according to a ProPublica investigation.
The GOP offensive to protect two billionaire donors is blatant hypocrisy, according to ethics watchdogs.
“There are many senators who will say anything. I mean, as long as it's their guy, they'll defend anything, and they have no consistency whatsoever and they're completely hypocritical,” Melanie Sloan, a senior adviser for nonpartisan watchdog American Oversight, told Raw Story.
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In today’s tribal and perpetually warring Congress, it seems even pay-to-play politics are now partisan. While Senate Republicans are vowing to use all procedural tools at their disposal to block Leo and Crow from being subpoenaed, most in the party are also backing the Biden impeachment inquiry because they say Hunter Biden was selling access to his father — an accusation for which they’ve provided no evidence to date.
On paper – paper stamped with GOP letterhead, mind you – the impeachment inquiry is focused on buying access.
“It better be, because, quite honestly, Hunter Biden's personal problems aren't the issue. The issue is whether he was selling access to a vice president willing to provide that access, and whether the vice president at the time – the current president – was enriched by it,” Sen. Kevin Cramer (R-ND) told Raw Story.
Leonard Leo in 2017 while appearing on C-SPAN. (Photo courtesy of C-SPAN.)
As for the hundreds of thousands of dollars in private jet travel, stays at his private retreat and luxurious free vacations aboard his 162-foot yacht that Supreme Court Justice Clarence Thomas and his wife Ginni admitted to receiving from Harlan Crow?
“That's not enriching yourself, because you went on a boat ride for God's sake. That's not the same as cash in your checking account,” Cramer said of ProPublica’s revelations.
Cramer argues, if the trips weren’t free “maybe he wouldn't have gone on it.”
“The difference is … he’s a friend. Friends are allowed to provide hospitality for you in their home or on their boat. That's very different than a foreign adversary providing cash to a sitting vice president of the United States through his son. That's barely, barely even in the same ballpark, if at all,” Cramer said. “It’s a stretch, to say the least. It's just, it's not the same thing.”
That’s not even mentioning the free private school tuition Thomas’ nephew – who he raised like a son – received from Crow, which ProPublica estimates could have totaled upward of $150,000.
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Senate Democrats, some of whom argue Thomas was in a prime position to rule on cases that effect Crow’s fortune, are particularly interested in whether Crow declared the lavish free vacations and travel as business expenses on his federal taxes.
For Leo – co-chairman of the Federalist Society, including the $1.6 billion fortune it now controls – Campaign for Accountability filed an IRS complaint alleging he’s funneling money from seven nonprofit entities he controls to his for-profit businesses, thus illegally profiting off campaign donations. The apparent interference from Jordan and Comer is appalling to watchdogs.
“Then, at the same time, they're screaming about the politicization of justice when they talk about Donald Trump, but they want to tell a sitting U.S. attorney – you know, the state's attorney for D.C. – who he can and can't look at because they don't want him looking at Leonard Leo,” Sloan said. “They just are bowing down at the altar of Leonard Leo and his $1.6 billion.”
House Republicans deny they’re interfering with an ongoing investigation.
“I’m confused. So it’s OK for Democrats to subpoena Leonard Leo and Harlan Crow, but not OK for us to look into AG Schwalb? Isn’t that literally the definition of a double standard — a.k.a Democrats can do something, but we can’t?” Russell M. Dye, communications director and counsel for the House Judiciary Committee, emailed Raw Story.
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Republicans say there’s no reason for an investigation, because the megadonors aren’t accused of trying to change the outcomes of specific cases before the Supreme Court.
“I really think there's like a fundamental difference here between trading favors and not, right? The difference here is the consideration. I've seen no evidence that any of the Supreme Court justices, least of all Clarence Thomas, offered to give anything back. To me, that’s the big difference,” Sen. J.D. Vance (R-OH) told Raw Story.
“Now look, if Harlan Crow or anybody else wrote $100 million to a Supreme Court Justice, and say, ‘Hey, please do this thing in my benefit’ — well, that raises some serious problems. But is it the standard that a Supreme Court justice can't have a rich friend?” Vance continued. “If they want to set that standard, it’s up to them, but I don't think that that raises nearly the same pay-to-play concerns as Joe Biden’s situation.”
Gifts are different than business appears to be the current GOP ethical standard for such matters.
“We're not talking about gifts. This is business. So with Hunter [Biden], this is, you know, he's on the Burisma board. He's doing these foreign business deals in Ukraine and China and lots of offices, and he is openly out there selling his dad,” Sen. Josh Hawley (R-MO) told Raw Story. “At the very least, he's clearly making money off his father. The question is, did the president benefit from that? That's what they need to answer. So that's why we have the inquiry.”
When pressed on the impeachment inquiry into Biden, former Senate Judiciary Committee Chair Sen. Chuck Grassley (R-IA) wasn’t up to date on the specifics, even as he proudly remembers getting the investigative ball rolling for House Republicans.
“You’re talking about the substance of it. I’m not sure I can talk about the substance of it,” Grassley told Raw Story. “Except, the process is necessary to complete what [Sen. Ron] Johnson (R-WI) and I started four years ago, and that is to get all the information that Congress is entitled to in our oversight capacity and that's what it's all about, as far as I know.”
The Supreme Court adopted a new code of ethics since the lavish gifts were first reported, so Democrats’ complaints are outdated, Grassley argues.
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“Because the judicial branch put out their … new regulation, and if that doesn’t take care of it – and we won't know that for a little while, maybe a year or two – then maybe that'd be a legitimate question,” Grassley said. “But right now it’s not a legitimate question considering the initiative of the Supreme Court.”
After all, 10 Republicans on the Senate Judiciary Committee walked out of the vote to subpoena Leo and Crow on November 30 – allowing Democrats to pass the measure 11-0 – Senate Republicans argue the vote broke committee rules.
“They’re not legal,” Sen. John Kennedy (R-LA) told Raw Story. “Anybody who knows a lawbook from a J. Crew catalog knows they can get those subpoenas quashed in one hearing.”
Because of wholesale GOP opposition, there doesn’t seem to be the votes to formalize the subpoenas on the Senate floor where Republicans are threatening to require a 60-vote threshold.
“You’ll never see this come to the floor,” Judiciary Committee ranking member Sen. Lindsey Graham (R-SC) told Politico. “We’ll attack it legally, we’ll vote against it. It’d be a s—show.”
Even as the party hasn’t decided how it will proceed in the Senate, many Democrats expected this.
“We're going after the icons of the Republican Party, Leonard Leo, of course, and, to some, Justice Thomas. They’re very sensitive to that,” Senate Democratic Whip Dick Durbin (D-IL) told Raw Story. “Public sentiment is overwhelmingly in our favor, so they have got to be strident in opposition.”
The two different standards for Biden and GOP donors is remarkable to Democrats.
“Republicans want to protect the court that they have packed, and they protect the court by maintaining its status as an unaccountable highest court of the land,” Rep. Hank Johnson (D-GA) told Raw Story. “It looks like they're doing everything they can to keep hidden the secret relationships that are going on at the court with powerful interests that bring cases before the court.”
To the top Democrat on the House Oversight Committee, Rep. Jamie Raskin (D-MD), this made-for-Fox-and-Newsmax drama shows how completely former President Donald Trump has remade the GOP in his own image.
“It is just sad the way that Donald Trump has completed his stranglehold over the Republican Party,” Raskin told Raw Story. “Donald Trump has taught them – from the Charlottesville riot forward – that there should be no enemies on the right. And they have no enemies on the right, and they will take no principled stance against anybody on the right, no matter how fascistic they are.”
