Trump admin pressured African nations to win contracts for Elon Musk

In early February, Sharon Cromer, U.S. ambassador to Gambia, went to visit one of the country’s Cabinet ministers at his agency’s headquarters, above a partially abandoned strip mall off a dirt road. It had been two weeks since President Donald Trump took office, and Cromer had pressing business to discuss. She needed the minister to fall in line to help Elon Musk.

Starlink, Musk’s satellite internet company, had spent months trying to secure regulatory approval to sell internet access in the impoverished West African country. As head of Gambia’s communications ministry, Lamin Jabbi oversees the government’s review of Starlink’s license application. Jabbi had been slow to sign off and the company had grown impatient. Now the top U.S. government official in Gambia was in Jabbi’s office to intervene.

Musk’s Department of Government Efficiency loomed over the conversation. The administration had already begun freezing foreign aid projects, and early in the meeting, Cromer, a Biden appointee, said something that rattled Gambian officials in the room. She listed the ways that the U.S. was supporting the country, according to two people present and contemporaneous notes, noting that key initiatives — like one that funds a $25 million project to improve the electrical system — were currently under review.

Jabbi’s top deputy, Hassan Jallow, told ProPublica he saw Cromer’s message as a veiled threat: If Starlink doesn’t get its license, the U.S. could cut off the desperately needed funds. “The implication was that they were connected,” Jallow said.

In recent months, senior State Department officials in both Washington and Gambia have coordinated with Starlink executives to coax, lobby and browbeat at least seven Gambian government ministers to help Musk, records and interviews show. One of those Cabinet officials told ProPublica his government is under “maximum pressure” to yield.

In mid-March, Cromer escalated the campaign by writing to Gambia’s president with an “important request.” That day, a contentious D.C. meeting between Musk employees and Jabbi had ended in an impasse. She urged the president to circumvent Jabbi and “facilitate the necessary approvals for Starlink to commence operations,” according to a copy of the letter obtained by ProPublica. Jabbi told confidantes he felt the ambassador was trying to get him fired.

The saga in Gambia is the starkest known example of the Trump administration wielding the U.S. government’s foreign policy apparatus to advance the business interests of Musk, a top Trump adviser and the world’s richest man.

Since Trump’s inauguration, the State Department has intervened on behalf of Starlink in Gambia and at least four other developing nations, previously unreported records and interviews show.

As the Trump administration has gutted foreign aid, U.S. diplomats have pressed governments to fast-track licenses for Starlink and arranged conversations between company employees and foreign leaders. In cables, U.S. officials have said that for their foreign counterparts, helping Starlink is a chance to prove their commitment to good relations with the U.S.

In one country last month, the U.S. embassy bragged that Starlink’s license was approved despite concerns it wasn’t abiding by rules that its competitors had to follow.

“If this was done by another country, we absolutely would call this corruption,” said Kristofer Harrison, who served as a high-level State Department official in the George W. Bush administration. “Because it is corruption.”

Helping U.S. businesses has long been part of the State Department’s mission, but former ambassadors said they sought to do this by making the positive case for the benefits of U.S. investment. When seeking deals for U.S. companies, they said they took care to avoid the appearance of conflicts or leaving the impression that punitive measures were on the table.

Ten current and former State Department officials said the recent drive was an alarming departure from standard diplomatic practice — because of both the tactics used and the person who would benefit most from them. “I honestly didn’t think we were capable of doing this,” one official told ProPublica. “That is bad on every level.” Kenneth Fairfax, a retired career diplomat who served as U.S. ambassador to Kazakhstan, said the global push for Musk “could lead to the impression that the U.S. is engaging in a form of crony capitalism.”

The Washington Post previously reported that Secretary of State Marco Rubio has instructed U.S. diplomats to help Starlink so it can beat its Chinese and Russian competitors. Multiple countries, including India, have sped up license approvals for Starlink to try to build goodwill in tariff negotiations with the Trump administration, the Post reported.

ProPublica’s reporting provides a detailed picture of what that push has looked like in practice. After Gambia’s ambassador to the U.S. declined an interview about Starlink — a topic seen as highly sensitive given Musk’s position — ProPublica reporters traveled to the capital, Banjul, to piece together the events. This account is based on internal State Department documents and interviews with dozens of current and former officials from both countries, most of whom requested anonymity for fear of retaliation.

In response to detailed questions, the State Department issued a statement celebrating Starlink. “Starlink is an America-made product that has been a game changer in helping remote areas around the world gain internet connectivity,” a spokesperson wrote. “Any patriotic American should want to see an American company’s success on the global stage, especially over compromised Chinese competitors.” Cromer and Starlink did not respond to requests for comment, nor did the office of the president of Gambia. Jabbi made Jallow available to discuss the situation.

During the Biden administration, State Department officials worked with Starlink to help the company navigate bureaucracies abroad. But the agency’s approach appears to have become significantly more aggressive and expansive since Trump’s return to power, according to internal records and current and former government officials.

Foreign leaders are acutely aware of Musk’s unprecedented position in the government, which he has used to help rewrite U.S. foreign policy. After Musk spent at least $288 million on the 2024 election, Trump gave the billionaire a powerful post in the White House. In mere months, Musk’s team has directed the firing of thousands of federal workers, canceled billions of dollars in programs and dismantled the U.S. Agency for International Development, which supported humanitarian projects around the world. African nations have been particularly hard-hit by the cuts.

At the same time, Musk continues to run Starlink and the rest of his corporate empire. In past administrations, government ethics lawyers carefully vetted potential conflicts of interest. Though Trump once said that “we won’t let him get near” conflicts, the White House has also suggested Musk is responsible for policing himself. The billionaire has waved away criticisms of the arrangement, saying “I’ll recuse myself” if conflicts arise. “My companies are suffering because I’m in the government,” Musk said.

In a statement, the White House said Musk has nothing to do with deals involving Starlink and that every administration official follows ethical guidelines. “For the umpteenth time, President Trump will not tolerate any conflicts of interest,” spokesperson Harrison Fields said in an email.

Executives at Starlink have seized the moment to expand. An April State Department cable to D.C. obtained by ProPublica quoted a Starlink employee describing the company’s approach to securing a license in Djibouti, a key U.S. ally in Africa that hosts an American military base: “We’re pushing from the top and the bottom to ram this through.”

Musk entered the White House at a pivotal moment for Starlink. When the service launched in 2020, it had a novel approach to internet access. Rather than relying on underground cables or cell towers like traditional telecom companies, Starlink uses low-orbiting satellites that let it provide fast internet in places its competitors had struggled to reach. Expectations for the startup were sky high. Bullish Morgan Stanley analysts predicted that by 2040, Starlink would have up to 364 million subscribers worldwide — more than the current population of the U.S.

Starlink quickly became a central pillar of Musk’s fortune. His stake in Starlink’s parent company, SpaceX, is estimated to be worth about $150 billion of his roughly $400 billion net worth.

Although the company says its user base has grown to over 5 million people, it remains a bit player compared to the largest internet providers. And the satellite internet market is set to become more competitive as well-funded companies launch services modeled on Starlink. Jeff Bezos’ Project Kuiper, a unit of Amazon, has said it expects to start serving customers later this year. Satellite upstarts headquartered in Europe and China aren’t far behind either.

“They want to get as far and as fast as they can before Amazon Kuiper gets online,” said Chris Quilty, a veteran space industry analyst.

In internal cables, State Department officials have said they are eager to help Musk get ahead of foreign satellite companies. Securing licenses in the next 18 months is critical for Starlink due to the growing competition, one cable said last month. Senior diplomats have written that they hope to give Musk’s company a “first-mover advantage.”

Africa represents a lucrative prize. Much of the continent lacks reliable internet. Success in Africa could mean dominating a market with the fastest-growing population on earth.

As of last November, Starlink had reportedly launched in 15 of Africa’s 54 countries, but it was beginning to spark a backlash. Last year, Cameroon and Namibia cracked down on Musk’s company for allegedly operating in their countries illegally. In South Africa — where Starlink has so far failed to get a license — Musk exacerbated tensions by publicly accusing the government of anti-white racism. Since Trump won the election, at least five African countries have granted licenses to Starlink: the Democratic Republic of Congo, Somalia, Guinea-Bissau, Lesotho and Chad.

Now Musk’s campaign of cuts has given him leverage inside the State Department. A Trump administration memo that leaked to the press last month proposed closing six embassies in Africa.

The Gambian embassy was on the list of proposed cuts.

An 8-year-old democracy, Gambia’s 2.7 million residents live on a sliver of land once used as a hub in the transatlantic slave trade. For two decades until 2017, the nation was ruled by a despot who had his opponents assassinated and plundered public funds to buy himself luxuries like a Rolls-Royce collection and a private zoo. When the dictator was ousted, the economy was in tatters. Today Gambia is one of the poorest countries in the world, with about half the country living on less than $4 a day.

In this fragile environment, the telecom industry that Jabbi oversees is vitally important to Gambian authorities. According to the government, the sector provides at least 20% of the country’s tax revenue. Ads for the country’s multiple internet providers are ubiquitous, painted onto dozens of public works — parks, police booths, schools.

It’s unclear why Starlink’s efforts in Gambia, a tiny market, have been so intense.

Cromer’s efforts on behalf of the company started under the Biden administration, as she documented last December in a cable sent back to Washington. Last spring, Starlink began the process of securing necessary approvals from a local utilities regulator and the Gambian communications agency. The utilities regulator wanted Starlink to pay an $85,000 license fee, which the company felt was too expensive. Cromer spoke to local officials, who then “pressured” the regulator to remove “this unnecessary barrier to entry,” the ambassador wrote.

Gambian supporters of Starlink felt that its product would be a boon for consumers and for economic growth in the country, where internet service remains unreliable and slow. “The ripple effects could be extraordinary,” Cromer said in the December cable, contending it could enable telehealth and improve education.

Opponents argued that local internet providers were one of Gambia’s few stable sources of jobs and infrastructure investments. If Starlink killed off its competition and then jacked up its prices — in Nigeria, the company announced last year it would suddenly double its fees — authorities could have little leverage to manage the fallout. When Musk refused to turn on Starlink in part of Ukraine during the war there, it heightened concerns about handing control of internet access to the mercurial billionaire, industry analysts said. One Musk tweet about foreign regulators’ ability to police his company caught the attention of Gambian critics: “They can shake their fist at the sky,” Musk said in 2021.

The ultimate authority for granting Starlink a license lies with Jabbi, an attorney who spent years in the local telecom sector. Gambian telecom companies that don’t want competition from Musk see Jabbi as an ally.

Jallow, Jabbi’s top deputy, told ProPublica that the ministry is not opposed to Starlink operating in Gambia. But he said Jabbi is doing due diligence to ensure laws and regulations are being followed before opening up the country to a consequential change.

After Trump’s inauguration, Jabbi’s position pitted him against not only Starlink but also the U.S. government. In the weeks after the February meeting where Cromer reminded Jabbi about the tenuous state of American funding to his country, the ambassador told other diplomats that getting Starlink approved was a high priority, according to a Western official familiar with her comments.

The stance surprised some of Cromer’s peers. Cromer had spent her career at USAID before President Joe Biden appointed her as ambassador. Her tenure in Gambia often focused on human rights and democracy building.

In March, when Jabbi and Jallow traveled to D.C. to attend a World Bank summit, the State Department helped arrange a series of meetings for them. The first, on March 19, was with Starlink representatives including Ben MacWilliams, a former U.S. diplomat who leads the company’s expansion efforts in Africa. The second was with U.S. government officials at the State Department’s headquarters.

The meeting with the company quickly became contentious. Huddled in a conference room at the World Bank, MacWilliams accused Jabbi of standing in the way of his nation’s progress and harming ordinary Gambians, according to Jallow, who was in the meeting, and four others briefed on the event. “We want our license now,” Jallow recalled MacWilliams saying. “Why are you delaying it?”

The conversation ended in a stalemate. In the hours that followed, Starlink and the U.S. government’s campaign intensified in a way that underscored the degree of coordination between the two parties. The company told Jabbi it would cancel his scheduled D.C. meeting with State Department officials because “there was no more need,” Jallow said.

The State Department meeting never happened. Instead, 4,000 miles away in Gambia’s capital, Cromer would try an even more aggressive approach.

That same day, Cromer had already met with Gambia’s equivalent of a commerce secretary to lobby him to help pave the way for Starlink. Then she was informed about the disappointing meeting Starlink had had in D.C., according to State Department records. By day’s end, Cromer had sent a letter to the nation’s president.

“I am writing to seek your support to allow Starlink to operate in The Gambia,” the letter opened. Over three pages, the ambassador described her concerns about Jabbi’s agency and listed the ways that Gambians could benefit from Starlink. She also said the company had satisfied conditions set by Jabbi’s predecessor.

“I respectfully urge you to facilitate the necessary approvals for Starlink to commence operations in The Gambia,” Cromer concluded. “I look forward to your favorable response.”

In the weeks since, Jabbi has refused to budge. The U.S. government’s efforts have continued. In late April, Gambia’s attorney general met in D.C. with senior State Department officials, according to a person familiar with the matter, where they again discussed the Starlink issue.

Diplomats were troubled by how the pressure campaign could hurt America’s image overseas. “This is not Iran or a rogue African state run by a dictator — this is a democracy, a natural ally,” said another senior Western diplomat in the region, noting that Gambia is “a prime partner of the West” in United Nations votes. “You beat up the smallest and the best boy in the class.”

Gambia is not the only country being leaned on. Since Trump took office, embassies around the world have sent a flurry of cables to D.C. documenting their meetings with Starlink executives and their efforts to cajole developing countries into helping Musk’s business. The cables all describe a problem similar to what happened in Gambia: The company has struggled to win a license from local regulators. In some countries, ambassadors reported, their work appears to be yielding results. (The embassies and their host countries did not respond to requests for comment.)

The U.S. embassy in Cameroon wrote that the country could prove its commitment to Trump’s agenda by letting Starlink expand its presence there. In the same missive, embassy officials discussed the impact of U.S. aid cuts and deportations and cited a humanitarian official who was reckoning with America’s shifting foreign policy: “They may not be happy with what they see, but they are trying to adapt as best they can.”

In Lesotho, where embassy officials had spent weeks trying to help Starlink get a license, the company finalized a deal after Trump imposed 50% tariffs on the tiny landlocked country. Lesotho officials told embassy staff they hoped the license would help in their urgent push to reduce the levies, according to Mother Jones. A major multinational company complained that Starlink was getting preferential treatment, embassy documents obtained by ProPublica show, since Musk’s firm had been exempted from requirements its competitors still had to follow.

In cables sent from the U.S. embassy in Djibouti this spring, State Department officials recounted their meetings with the company and pledged to continue working with “Starlink in identifying government officials and facilitating discussions.”

In Bangladesh, U.S. diplomats pressed Starlink’s case “early and often” with local officials, partnered with Starlink to “build an educational strategy” for their counterparts and helped arrange a conversation between Musk and the nation’s head of state, according to a recent cable. The embassy’s work started under Biden but bore fruit only after Trump took office.

Their efforts resulted in Bangladesh approving Starlink’s request to do business in the country, the top U.S. diplomat there said last month, a sign-off that Musk’s company had sought for years.

Do you have information about Elon Musk’s businesses or the Trump administration? Josh Kaplan can be reached by email at joshua.kaplan@propublica.org and by Signal or WhatsApp at 734-834-9383. Brett Murphy can be reached at 508-523-5195 or by email at brett.murphy@propublica.org.

Anna Maria Barry-Jester contributed reporting.

Inside the State Department’s weapons pipeline to Israel

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Reporting Highlights

  • More Bombs: Ambassador Jack Lew urged Washington to give thousands more bombs to the Israelis because they have a “decades-long proven track record” of avoiding killing civilians.
  • A Thank-You: After State Department officials spent months working through weekends and after hours on arms sales, the Israelis sent cases of wine to them just before Christmas.
  • A Lobbying Push: Defense contractors and lobbyists have also helped push along valuable sales by leaning on State Department officials and lawmakers whenever there’s a holdup.

These highlights were written by the reporters and editors who worked on this story.

In late January, as the death toll in Gaza climbed to 25,000 and droves of Palestinians fled their razed cities in search of safety, Israel’s military asked for 3,000 more bombs from the American government. U.S. Ambassador to Israel Jack Lew, along with other top diplomats in the Jerusalem embassy, sent a cable to Washington urging State Department leaders to approve the sale, saying there was no potential the Israel Defense Forces would misuse the weapons.

The cable did not mention the Biden administration’s public concerns over the growing civilian casualties, nor did it address well-documented reports that Israel had dropped 2,000-pound bombs on crowded areas of Gaza weeks earlier, collapsing apartment buildings and killing hundreds of Palestinians, many of whom were children. Lew was aware of the issues. Officials say his own staff had repeatedly highlighted attacks where large numbers of civilians died. Homes of the embassy’s own Palestinian employees had been targeted by Israeli airstrikes.

Still, Lew and his senior leadership argued that Israel could be trusted with this new shipment of bombs, known as GBU-39s, which are smaller and more precise. Israel’s air force, they asserted, had a “decades-long proven track record” of avoiding killing civilians when using the American-made bomb and had “demonstrated an ability and willingness to employ it in [a] manner that minimizes collateral damage.”

While that request was pending, the Israelis proved those assertions wrong. In the months that followed, the Israeli military repeatedly dropped GBU-39s it already possessed on shelters and refugee camps that it said were being occupied by Hamas soldiers, killing scores of Palestinians. Then, in early August, the IDF bombed a school and mosque where civilians were sheltering. At least 93 died. Children’s bodies were so mutilated their parents had trouble identifying them.

Weapons analysts identified shrapnel from GBU-39 bombs among the rubble.

In the months before and since, an array of State Department officials urged that Israel be completely or partially cut off from weapons sales under laws that prohibit arming countries with a pattern or clear risk of violations. Top State Department political appointees repeatedly rejected those appeals. Government experts have for years unsuccessfully tried to withhold or place conditions on arms sales to Israel because of credible allegations that the country had violated Palestinians’ human rights using American-made weapons.

On Jan. 31, the day after the embassy delivered its assessment, Secretary of State Antony Blinken hosted an agency-wide town hall at an auditorium at the State Department headquarters where he fielded pointed questions from his subordinates about Gaza. He said the suffering of civilians was “absolutely gut wrenching and heartbreaking,” according to a transcript of the meeting.

“But it is a question of making judgments,” Blinken said of his agency’s efforts to minimize harm. “We started with the premise on October 7 that Israel had the right to defend itself, and more than the right to defend itself, the right to try to ensure that October 7 would never happen again.”

The embassy’s endorsement and Blinken’s statements reflect what many at the State Department have understood to be their mission for nearly a year. As one former official who served at the embassy put it, the unwritten policy was to “protect Israel from scrutiny” and facilitate the arms flow no matter how many human rights abuses are reported. “We can’t admit that’s a problem,” this former official said.

The embassy has even historically resisted accepting funds from the State Department’s Middle East bureau earmarked for investigating human rights issues throughout Israel because embassy leaders didn’t want to insinuate that Israel might have such problems, according to Mike Casey, a former U.S. diplomat in Jerusalem. “In most places our goal is to address human rights violations,” Casey added. “We don’t have that in Jerusalem.”

Last week, ProPublica detailed how the government’s two foremost authorities on humanitarian assistance — the U.S. Agency for International Development and the State Department’s refugees bureau — concluded in the spring that Israel had deliberately blocked deliveries of food and medicine into Gaza and that weapons sales should be halted. But Blinken rejected those findings as well and, weeks later, told Congress that the State Department had concluded that Israel was not blocking aid.

The episodes uncovered by ProPublica, which have not been previously detailed, offer an inside look at how and why the highest ranking policymakers in the U.S. government have continued to approve sales of American weapons to Israel in the face of a mounting civilian death toll and evidence of almost daily human rights abuses. This article draws from a trove of internal cables, email threads, memos, meeting minutes and other State Department records, as well as interviews with current and former officials throughout the agency, most of whom spoke on the condition of anonymity because they were not authorized to speak publicly.

The records and interviews also show that the pressure to keep the arms pipeline moving also comes from the U.S. military contractors who make the weapons. Lobbyists for those companies have routinely pressed lawmakers and State Department officials behind the scenes to approve shipments both to Israel and other controversial allies in the region, including Saudi Arabia. When one company executive pushed his former subordinate at the department for a valuable sale, the government official reminded him that strategizing over the deal might violate federal lobbying laws, emails show.

The Biden administration’s repeated willingness to give the IDF a pass has only emboldened the Israelis, experts told ProPublica. Today, as Israel and Iran trade blows, the risk of a regional war is as great as it has been in decades and the cost of that American failure has become more apparent, critics charge.

“The reaffirmation of impunity has come swiftly and unequivocally,” said Daniel Levy, who served in the Israeli military before holding various prominent positions as a government official and adviser throughout the ’90s. He later became one of the founders of the advocacy group J Street and president of the U.S./Middle East Project.

Levy said there is virtually no threat of accountability for Israel’s conduct in Gaza, only “a certainty of carte blanche.” Or, as another State Department official said, “If there’s never any consequences for doing it, then why stop doing it?”

The war in Gaza has waged for nearly a year without signs of abating. There are at least 41,000 Palestinians dead, by local estimates. Israel says its actions have been legal and legitimate, unlike those of Hamas, which killed more than 1,100 Israelis, mostly civilians, on Oct. 7 and continues to hold dozens of hostages.

The U.S. has been a stalwart ally of Israel for decades, with presidents of both parties praising the country as a beacon of democracy in a dangerous region filled with threats to American interests.

In response to detailed questions from ProPublica, a State Department spokesperson sent a statement saying that arms transfers to any country, including Israel, “are done so in a deliberative manner with appropriate input” from other agencies, State Department bureaus and embassies. “We expect any country that is a recipient of U.S. security articles,” he added, “use them in full compliance with international humanitarian law, and we have several ongoing processes to examine that compliance.”

The spokesperson also said Lew has been at the forefront of ensuring “that every possible measure is taken to minimize impacts on civilians” while working on a ceasefire deal to secure “the release of hostages, alleviate the suffering of Palestinians in Gaza, and bring an end to the conflict.”

Israeli military leaders broadly defend their aerial campaign in Gaza as a “military necessity” to eradicate terrorists hiding among civilians. Prime Minister Benjamin Netanyahu has also publicly pressured the Biden administration to hasten arms transfers. “Give us the tools and we’ll finish the job a lot faster,” he said in June.

ProPublica sent detailed questions to representatives of the Israeli government as well. A spokesperson said in a statement: “The article is biased and seeks to portray legitimate and routine contacts between Israel and the Embassy in Washington with State Department officials as improper. Its goal appears to be casting doubt on the security cooperation between two friendly nations and close allies.”

Weapons sales are a pillar of American foreign policy in the Middle East. Historically, the U.S. gives more money to Israel for weapons than it does to any other country. Israel spends most of those American tax dollars to buy weapons and equipment made by U.S. arms manufacturers.

While Israel has its own arms industry, the country relies heavily on American jets, bombs and other weapons in Gaza. Since October 2023, the U.S. has shipped more than 50,000 tons of weaponry, which the Israeli military says has been “crucial for sustaining the IDF’s operational capabilities during the ongoing war.” The air defenses that defend Israeli towns and cities — known as the Iron Dome — also depend largely on U.S. support.

There is little sign that either party is prepared to curtail U.S. weapons shipments. Vice President Kamala Harris has called for a ceasefire, lamented the death toll in Gaza and said she supported Palestinians’ right to self-determination as well as President Joe Biden’s decision to pause a shipment of 2,000 bombs in June. She has also echoed a refrain from previous administrations, pledging to “ensure Israel has the ability to defend itself.” Harris also said she had no intention of breaking with Biden’s Israel policy.

Republican nominee for president Donald Trump, who has described himself as the “best friend that Israel has ever had,” reportedly told donors that he supports Israel’s “war on terror” and promised to crush pro-Palestinian protests on college campuses. Trump was also recently a featured speaker at the Israeli-American Council’s summit, where he cast himself as the most pro-Israel choice in the coming election. “You have a big protector in me,” he told the crowd. “You don’t have a protector on the other side.”

The United States first began selling significant amounts of weapons to Israel in the early 1970s. Until then, Israel had relied on an array of home-grown and international purchases, notably from France, while the Soviet Union armed Israel’s adversaries. Over the past half-century, no country in the world has received more American military assistance than Israel.

The U.S. gives the Israeli government about $3.8 billion every year and much more during wartime to help maintain its military edge in the region. Congress and the executive branch have imposed legal guardrails on how Israel and other countries can use the weapons they buy with U.S. money. The State Department must review and approve most of those large foreign military sales and is required to cut off a country if there is a pattern or clear risk of breaking international humanitarian law, like targeting civilians or blocking shipments of food to refugees. The department is also supposed to withhold U.S.-funded equipment and weapons from individual military units credibly accused of committing flagrant human rights violations, like torture.

Initially, a country makes a request and the local embassy, which is under the State Department’s jurisdiction, writes a cable called a “country team assessment” to judge the fitness of the nation asking for the weapons. This is just the beginning of a complex process, but it’s a crucial step because of the embassies’ local expertise.

Then, the bulk of that review is conducted by the State Department’s arms transfers section, known as the Bureau of Political-Military Affairs, with input from other bureaus. For Israel and NATO allies, if the sale is worth at least $100 million for weapons or $25 million for equipment, Congress also gets final approval. If lawmakers try to block a sale, which is rare, the president can sidestep with a veto.

For years, Josh Paul, a career official in the State Department’s arms transfers bureau, reviewed arms sales to Israel and other countries in the Middle East. Over time, he became one of the agency’s most well-versed experts in arms sales.

Even before Israel’s retaliation for Oct. 7, he had been concerned with Israel’s conduct. On multiple occasions, he said, he believed the law required the government to withhold weapons transfers. In May 2021, he refused to approve a sale of fighter jets to the Israeli Air Force. “At a time the IAF are blowing up civilian apartment blocks in Gaza,” Paul wrote in an email, “I cannot clear on this case.” The following February, he wouldn’t sign off on another sale after Amnesty International published a report accusing Israeli authorities of apartheid.

In both cases, Paul later told ProPublica, his immediate superiors signed off on the sales over his objections.

“I have no expectation whatsoever of making any policy gains on this topic during this Administration,” he wrote at the time to a deputy assistant secretary.

During that same time period, Paul circulated a memo to some of the agency’s senior diplomats with recommendations to strengthen the arms sales review process, such as including input from human rights groups. Paul warned that the Biden administration’s new arms transfer policy — which prohibits weapons sales if it’s “more likely than not” the recipient will use them to intentionally attack civilian structures or commit other violations — would be “watered down” in practice.

“There is an inarguable significant risk of civilian harm in the sale of precision-guided munitions to Israel and Saudi Arabia,” the December 2021 memo said. The U.S. government has been historically unable to hold itself to its own standards, he wrote, “in the face of pressure from partners, industry, and perceived policy imperatives emerging from within the government itself.”

It does not appear that recommendations in the memo were implemented either. Paul resigned in protest over arms shipments to Israel last October, less than two weeks after the Hamas attack. It was the Biden administration’s first major public departure since the start of the war. By then, local authorities said Israeli military operations had killed at least 3,300 Palestinians in Gaza.

Internally, other experts began to worry the Israelis were violating human rights almost from the onset of the war as well. Middle East officials delivered at least six dissent memos to senior leaders criticizing the administration’s decision to continue arming Israel, according to those who had a role in drafting some of them. The content of several memos leaked to the media earlier this year. The agency says it welcomes input from the dissent channel and incorporates it into policymaking decisions.

In one previously unreported memo from November, a group of experts across multiple bureaus said they had not been consulted before several policy decisions about arms transfers immediately after Oct. 7 and that there was no effective vetting process in place to evaluate the repercussions of those sales.

That memo, too, seemed to have little impact. In the early stages of the war, State Department staff worked overtime, often after hours and through weekends, to process Israeli requests for more arms. Some in the agency have thought the efforts showed an inappropriate amount of attention on Israel.

The Israelis, however, felt different. In late December, just before Christmas, staff in the arms transfers bureau walked into their Washington, D.C., office and found something unusual waiting for them: cases of wine from a winery in the Negev Desert, along with personalized letters on each bottle.

The gifts were courtesy of the Israeli embassy.

The State Department spokesperson said employees are allowed to accept gifts from foreign governments that fall below a certain dollar threshold. “To allege that any of their allegiances to the United States should be questioned is insulting,” he added. “The accusation that the Department of State is placing a disproportionate attention on Israel is inconsistent with the facts.”

The spokesperson for the Israeli government told ProPublica, “The embassy routinely sends individual bottles of wine (not cases) to many of its contacts to cordially mark the end of the year holidays.”

One month later, Lew delivered his endorsement of Israel’s request for the 3,000 precision GBU-39 bombs, which would be paid for with both U.S. and Israeli funds. Lew is a major figure in Democratic circles, having served in various administrations. He was President Barack Obama’s chief of staff and then became his treasury secretary. He has also been a top executive at Citigroup and a major private equity firm.

The U.S. defense attaché to Israel, Rear Adm. Frank Schlereth, signed off on the January cable as well. In addition to its assurances about the IDF, the memo cited the Israeli military’s close ties with the American military: Israeli air crews attend U.S. training schools to learn about collateral damage and use American-made computer systems to plan missions and “predict what effects their munitions will have on intended targets,” the officials wrote.

In the early stages of the war, Israel used American-made unguided “dumb” bombs, some likely weighing as much as 2,000 pounds, which many experts criticized as indiscriminate. But at the time of the embassy’s assessment, Amnesty International had documented evidence that the Israelis had also been dropping the GBU-39s, manufactured by Boeing to have a smaller blast radius, on civilians. Months before Oct. 7, a May 2023 attack left 10 civilians dead. Then, in a strike in early January this year, 18 civilians, including 10 children, were killed. Amnesty International investigators found GBU-39 fragments at both sites. (Boeing declined to comment and referred ProPublica to the government.)

At the time, State Department experts were also cataloging the effect the war has had on American credibility throughout the region. Hala Rharrit, a career diplomat based in the Middle East, was required to send daily reports analyzing Arab media coverage to the agency’s senior leaders. Her emails described the collateral damage from airstrikes in Gaza, often including graphic images of dead and wounded Palestinians alongside U.S. bomb fragments in the rubble.

“Arab media continues to share countless images and videos documenting mass killings and hunger, while affirming that Israel is committing war crimes and genocide and needs to be held accountable,” she reported in one early January email alongside a photograph of a dead toddler. “These images and videos of carnage, particularly of children getting repeatedly injured and killed, are traumatizing and angering the Arab world in unprecedented ways.”

Rharitt, who later resigned in protest, told ProPublica those images alone should have prompted U.S. government investigations and factored into arms requests from the Israelis. She said the State Department has “willfully violated the laws” by failing to act on the information she and others had documented. “They can’t say they didn’t know,” Rharitt added.

Rharitt said her superiors eventually told her to stop sending the daily reports. (The State Department spokesperson said the agency is still incorporating perspectives from Arab media in regular internal analyses.)

Lew’s January cable makes no mention of the death toll in Gaza or the incidents of the Israelis dropping GBU-39s on civilians. Eight current and former State Department officials with expertise in human rights, the Middle East or arms transfers said the embassy’s assessment was an inadequate but not a surprising distillation of the administration’s position. “It’s an exercise in checking the boxes,” said Charles Blaha, a former human rights director at the agency.

The State Department declined to comment on the status of that request other than to say the U.S. has provided large amounts of GBU-39s to Israel multiple times in past years.

While the U.S. hoped that the smaller bombs would prevent unnecessary deaths, experts in the laws of war say the size of the bomb doesn't matter if it kills more civilians than the military target justifies. Lt. Col. Rachel E. VanLandingham, a retired officer with the Air Force’s Judge Advocate General’s Corps, said the IDF is legally responsible for doing all it can to know the risk to civilians ahead of any given strike and to avoid indiscriminately bombing densely populated areas like refugee camps and shelters. “It seems extremely plausible that they just disregarded the risk,” VanLandingham added. “It raises serious concerns and indicators of violating the law of war.”

Officials at the embassy in Jerusalem and in Washington said that similar concerns have been repeatedly brought to Lew, but his instincts were to defend Israel. In a separate cable obtained by ProPublica, he told Blinken and other leaders in Washington that “Israel is a trustworthy defense articles recipient” and his country team assessments ahead of past weapons sales have found that Israel’s “human rights record justifies the sale.”

Lew went even further and said the IDF’s system for choosing targets is so “sophisticated and comprehensive” that, by defense attaché Schlereth’s estimation, it “meets and often exceeds our own standard,” according to the cable. Two State Department officials told ProPublica that Lew and Schlereth have made similar statements during internal meetings. (The Navy did not make Schlereth available for an interview or respond to a list of questions.)

Early in the war, diplomats at the embassy also reported that Israel had dropped bombs on the homes of some of the embassy’s own staff, in addition to numerous other incidents involving civilians.

As to why Lew’s cables failed to reflect that kind of information, one official said, “My most charitable explanation is that they may not have had the time or inclination to critically assess the Israelis’ answers.”

In Israel’s New York consulate, weapons procurement officers occupy two floors, processing hundreds of sales each year. One former Israeli officer who worked there said he tried to purchase as many weapons as possible while his American counterparts tried just as hard to sell them. "It’s a business,” he said.

Behind the scenes, if government officials take too long to process a sale, lobbyists for powerful corporations have stepped in to apply pressure and move the deal along, ProPublica found.

Some of those lobbyists formerly held powerful positions as regulators in the State Department. In recent years, at least six high-ranking officials in the agency’s arms transfers bureau left their posts and joined lobbying firms and military contractors. Jessica Lewis, the assistant secretary of the bureau, resigned in July and took a job at Brownstein Hyatt Farber Schreck. The company is the largest lobbying firm in Washington, by lobbying revenue, and has represented the defense industry and countries including Saudi Arabia. (Lewis and the firm did not respond to requests for comment.)

Paul Kelly, who was the top congressional affairs official at the State Department between 2001 and 2005, during the U.S. invasions of Iraq and Afghanistan, said he regularly “got leaned on” by the private sector to push sales to lawmakers for final approval. “They wouldn’t bribe or threaten me, but they would say … ‘When are you going to sign off on it and get it up to the Hill?’” he told ProPublica.

Three other State Department officials who currently or recently worked on military assistance said little has changed since then and companies that profit from the wars in Gaza and Ukraine frequently call or email. (The agency spokesperson told ProPublica that arms transfers are “not influenced by a particular company.”) The pressure also reaches lawmakers’ offices once they are notified of impending sales. Those measures include frequent phone calls and regular daytime meetings, according to an official familiar with the communications.

In some cases, the efforts appear to have drifted into questionable legal territory. In 2017, the Trump administration signed a $350 billion arms deal with Saudi Arabia, an extension of Obama’s former policy before he suspended some sales because of humanitarian concerns. For years, the Saudis and their allies used American-made jets and bombs to attack Houthi militant targets in Yemen, killing thousands of civilians in the process.

The following February, the State Department was weighing whether to approve a sale of precision-guided missiles produced by Raytheon to Saudi Arabia. A vice president at the company named Tom Kelly — the former principal deputy assistant secretary of the State Department’s arms transfers bureau — emailed a former subordinate, Josh Paul. Kelly asked to set up a meeting with Paul and a colleague at the company to “talk through strategy” on pushing the sale through, according to an email of the exchange.

Paul wrote back that such a meeting could be illegal. “As you’ll recall from your time here, we’re restricted by the Anti-Lobbying Act from coordinating legislative strategies with outside groups,” he said. “However, I think the potential bumps in the road are relatively obvious.” Those bumps were a reference to recent media articles about mass civilian casualty incidents in Yemen.

“No worries,” Kelly responded. “I’m sure I’ll see you around.”

Kelly and Raytheon did not reply to requests for comment.

The State Department ultimately signed off on the sale.

Mariam Elba contributed research.

Blinken is sitting on staff recommendations to sanction Israeli military units

A special State Department panel recommended months ago that Secretary of State Antony Blinken disqualify multiple Israeli military and police units from receiving U.S. aid after reviewing allegations that they committed serious human rights abuses.

But Blinken has failed to act on the proposal in the face of growing international criticism of the Israeli military’s conduct in Gaza, according to current and former State Department officials.

The incidents under review mostly took place in the West Bank and occurred before Hamas’ Oct. 7 attack on Israel. They include reports of extrajudicial killings by the Israeli Border Police; an incident in which a battalion gagged, handcuffed and left an elderly Palestinian American man for dead; and an allegation that interrogators tortured and raped a teenager who had been accused of throwing rocks and Molotov cocktails.

Recommendations for action against Israeli units were sent to Blinken in December, according to one person familiar with the memo. “They’ve been sitting in his briefcase since then,” another official said.

A State Department spokesperson told ProPublica the agency takes its commitment to uphold U.S. human rights laws seriously. “This process is one that demands a careful and full review,” the spokesperson said, “and the department undergoes a fact-specific investigation applying the same standards and procedures regardless of the country in question.”

The revelations about Blinken’s failure to act on the recommendations come at a delicate moment in U.S.-Israel relations. Six months into its war against Hamas, whose militants massacred 1,200 Israelis and kidnapped 240 more on Oct. 7, the Israeli military has killed more than 33,000 Palestinians, according to local authorities. Recently, President Joe Biden has signaled increased frustration with Israeli Prime Minister Benjamin Netanyahu and the widespread civilian casualties.

Multiple State Department officials who have worked on Israeli relations said that Blinken’s inaction has undermined Biden’s public criticism, sending a message to the Israelis that the administration was not willing to take serious steps.

The recommendations came from a special committee of State Department officials known as the Israel Leahy Vetting Forum. The panel, made up of Middle East and human rights experts, is named for former Sen. Patrick Leahy, D-Vt., the chief author of 1997 laws that requires the U.S. to cut off assistance to any foreign military or law enforcement units — from battalions of soldiers to police stations — that are credibly accused of flagrant human rights violations.

The Guardian reported this year that the State Department was reviewing several of the incidents but had not imposed sanctions because the U.S. government treats Israel with unusual deference. Officials told ProPublica that the panel ultimately recommended that the secretary of state take action.

This story is drawn from interviews with present and former State Department officials as well as government documents and emails obtained by ProPublica. The officials spoke on the condition of anonymity in order to discuss internal deliberations.

The Israeli government did not respond to a request for comment.

Over the years, hundreds of foreign units, including from Mexico, Colombia and Cambodia, have been blocked from receiving any new aid. Officials say enforcing the Leahy Laws can be a strong deterrent against human rights abuses.

Human rights organizations tracking Israel’s response to the Oct. 7 attacks have collected eyewitness testimony and videos posted by Israeli soldiers that point to widespread abuses in Gaza and the West Bank.

“If we had been applying Leahy effectively in Israel like we do in other countries, maybe you wouldn’t have the IDF filming TikToks of their war crimes now because we have contributed to a culture of impunity,” said Josh Paul, a former director in the State Department’s Bureau of Political-Military Affairs and a member of the vetting forum. Paul resigned in protest shortly after Israel began its bombing campaign of Gaza in October.

The Leahy Laws apply to countries that receive American-funded training or arms. In the decades after the passage of those laws, the State Department, under both Democratic and Republican administrations, followed a de facto policy of exempting billions of dollars of foreign military financing to Israel from their strictures, according to multiple experts on the region.

In 2020, Leahy and others in Congress passed a law to tighten the oversight. The State Department set up the vetting forum to identify Israeli security force units that shouldn’t be receiving American assistance. Until now, it has been paralyzed by its bureaucracy, failing to fulfill the hopes of its sponsors.

Critics have long assailed what they view as Israel’s special treatment. Incidents that would have disqualified units in other countries did not have the same result in Israel, according to Charles Blaha, the former director of the State Department’s Office of Security and Human Rights and a former participant in the Israeli vetting forum. “There is no political will,” he said.

Typically, the reports of wrongdoing come from nongovernment organizations like Human Rights Watch or from press accounts. The State Department officials determining whether to recommend sanctions generally do not draw on the vast array of classified material gathered by America’s intelligence agencies.

Actions against an Israeli unit are subject to additional layers of scrutiny. The forum is required to consult the government of Israel. Then, if the forum agrees that there is credible evidence of a human rights violation, the issue goes to more senior officials, including some of the department’s top diplomats who oversee the Middle East and arms transfers. Then the recommendations can be sent to the secretary of state for final approval, either with consensus or as split decisions.

Even if Blinken were to approve the sanctions, officials said, Israel could blunt their impact. One approach would be for the country to buy American arms with its own funds and give them to the units that had been sanctioned. Officials said the symbolism of calling out Israeli units for misconduct would nonetheless be potent, marking a sign of disapproval of the civilian toll the war is taking.

Since it was formed in 2020, the forum has reviewed reports of multiple cases of rape and extrajudicial killings, according to the documents ProPublica obtained. Those cases also included several incidents where teenagers were reportedly beaten in custody before being released without charges. The State Department records obtained by ProPublica do not clearly indicate which cases the experts ultimately recommended for sanctions, and several have been tabled pending more information from the Israelis.

Israel generally argues it has addressed allegations of misconduct and human rights abuses through its own military discipline and legal systems. In some of the cases, the forum was satisfied that Israel had taken serious steps to punish the perpetrators.

But officials agreed on a number of human rights violations, including some that the Israeli government had not appeared to adequately address.

Among the allegations reviewed by the committee was the January 2021 arrest of a 15-year old boy by Israeli Border Police. The teen was held for five days at the Al-Mascobiyya detention center on charges that he had thrown stones and Molotov cocktails at security forces. Citing an allegation shared by a Palestinian child welfare nonprofit, forum officials said there was credible information the teen had been forced to confess after he was “subjected to both physical and sexual torture, including rape by an object.”

Two days after the State Department asked the Israeli government for information about what steps it had taken to hold the perpetrators accountable, Israeli police raided the nonprofit that had originally shared the allegation and later designated it a terrorist organization. The Israelis told State Department officials they had found no evidence of sexual assault or torture but reprimanded one of the teen’s interrogators for kicking a chair.

Netanyahu resists U.S. plan to cut off aid to Israeli military unit

Israel’s leaders are fiercely pushing back against U.S. plans to withhold American assistance from an Israeli unit accused of human rights abuses.

Axios and Israeli news outlets reported over the weekend that Secretary of State Antony Blinken intends to ban U.S. support to Israel’s Netzah Yehuda unit, the country’s all-male, ultra-Orthodox battalion at the center of several controversies in the West Bank that go back years. Netzah Yehuda has been repeatedly accused of shooting and assaulting civilians, including in a 2022 case in which several commanders handcuffed, gagged and left for dead an elderly Palestinian-American man in Israel’s West Bank.

“Sanctions must not be imposed on the Israel Defense Forces!” Israeli Prime Minister Benjamin Netanyahu posted on X, formerly known as Twitter. “The intention to impose a sanction on a unit in the IDF is the height of absurdity and a moral low.” Blinken told reporters traveling with him in Europe on Saturday that he’ll make an official announcement about his decision in the coming days.

The public dispute between Israel and the United States follows a ProPublica article Wednesday that revealed Blinken has failed to act for months after a special State Department panel recommended that he disqualify multiple Israeli military and police units from receiving U.S. assistance after reviewing allegations that they had committed flagrant violations, including extrajudicial killings and rape.

Until now, the State Department has never disqualified an Israeli military unit from receiving aid, which would make Blinken’s decision a significant shift in U.S. foreign policy. “This is a very important law,” he told reporters over the weekend, “and it’s one that we apply across the board.”

Neither Blinken nor department spokespersons have addressed the reason for the delay since the forum’s first recommendation that he take action, which was sent to Blinken in December, according to someone familiar with the memo. “This process is one that demands a careful and full review,” a State Department spokesperson told ProPublica last week.

Israeli opposition leader Yair Lapid and war cabinet member Benny Gantz are pressing the U.S. to reverse course, as well. Gantz reportedly spoke with Blinken personally on Sunday and asked him to reconsider.

On Saturday, the House voted 366-58 to approve an additional $26 billion in aid to Israel after months of delay. The Senate will likely review the legislation, a package that includes aid to Ukraine as well, early next week before sending it to President Joe Biden for his signature.

After the disclosure last week that Blinken had been urged by his own agency to impose penalties, human rights and Arab groups pushed for results. On Thursday, Sen. Chris Van Hollen, D-Md., told ProPublica he was also seeking answers from the State Department. “This report that the administration is sitting on its hands in the face of known violations is deeply troubling and, if true, would undermine the credibility of America’s commitment to applying our human rights laws in a uniform and unbiased manner,” Van Hollen said in a statement.

The State Department panel that originally made the recommendations is known as the Israel Leahy Vetting Forum. The panel, made up of Middle East and human rights experts, is named for former Sen. Patrick Leahy, D-Vt., the chief author of a 1997 law that requires the U.S. to cut off American-financed arms and training to any foreign military or law enforcement units that are credibly accused of flagrant human rights violations. Unlike individual sanctions that are up to the president’s discretion, implementing the Leahy Laws is supposed to be a requirement.

A State Department spokesperson declined to comment on the status of the other cases involving possible wrongdoing by Israeli units or confirm the substance of Blinken’s upcoming announcement. The Israeli outlet Haaretz also reported on Saturday that Netzah Yehuda is the unit he intends to ban from assistance.

The Israeli military said it has not yet been informed of Blinken’s decision about Netzah Yehuda, which is currently operating in Gaza amid the government’s campaign to eradicate Hamas following the terrorist attacks on Oct. 7. “The IDF is not aware of the issue,” a military spokesperson said, according to Reuters. “If a decision is made on the matter it will be reviewed.” The Israeli government has repeatedly argued that it has its own independent justice system in place to hold accountable those responsible for human rights abuses.

“This is a welcome first step, albeit very, very late,” said Charles Blaha, the former director of the State Department’s Office of Security and Human Rights and a former participant in the Israeli vetting forum. “There are dozens more Israeli security force units that have committed gross violations of human rights and should not be receiving US security assistance.”

It’s not clear if Netzah Yehudah is currently receiving security assistance from the U.S., other Middle East experts noted. Some said Blinken’s determination, while important symbolically, should have been made previously and without having to clear so many of the bureaucratic hurdles that do not apply to other countries. Critics have long assailed what they view as a double standard for Israel, which receives billions more in U.S. military financing than any other country.

“We are sending the IDF weapons on a daily basis for what are clear [human rights violations] in Gaza,” said Josh Paul, a former director in the State Department’s Bureau of Political-Military Affairs and a member of the vetting forum. “It’s the impression of action without any actual impact.”

Clarence Thomas hinted to GOP lawmaker he could resign unless Congress raised his pay

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Series: Friends of the Court: SCOTUS Justices’ Beneficial Relationships With Billionaire Donors

Supreme Court Justice Clarence Thomas’ decadeslong friendship with real estate tycoon Harlan Crow and Samuel Alito’s luxury travel with billionaire Paul Singer have raised questions about influence and ethics at the nation's highest court.

In early January 2000, Supreme Court Justice Clarence Thomas was at a five-star beach resort in Sea Island, Georgia, hundreds of thousands of dollars in debt.

After almost a decade on the court, Thomas had grown frustrated with his financial situation, according to friends. He had recently started raising his young grandnephew, and Thomas’ wife was soliciting advice on how to handle the new expenses. The month before, the justice had borrowed $267,000 from a friend to buy a high-end RV.

At the resort, Thomas gave a speech at an off-the-record conservative conference. He found himself seated next to a Republican member of Congress on the flight home. The two men talked, and the lawmaker left the conversation worried that Thomas might resign.

Congress should give Supreme Court justices a pay raise, Thomas told him. If lawmakers didn’t act, “one or more justices will leave soon” — maybe in the next year.

At the time, Thomas’ salary was $173,600, equivalent to over $300,000 today. But he was one of the least wealthy members of the court, and on multiple occasions in that period, he pushed for ways to make more money. In other private conversations, Thomas repeatedly talked about removing a ban on justices giving paid speeches.

Thomas’ efforts were described in records from the time obtained by ProPublica, including a confidential memo to Chief Justice William Rehnquist from a top judiciary official seeking guidance on what he termed a “delicate matter.”

The documents, as well as interviews, offer insight into how Thomas was talking about his finances in a crucial period in his tenure, just as he was developing his relationships with a set of wealthy benefactors.

Congress never lifted the ban on speaking fees or gave the justices a major raise. But in the years that followed, as ProPublica has reported, Thomas accepted a stream of gifts from friends and acquaintances that appears to be unparalleled in the modern history of the Supreme Court. Some defrayed living expenses large and small — private school tuition, vehicle batteries, tires. Other gifts from a coterie of ultrarich men supplemented his lifestyle, such as free international vacations on the private jet and superyacht of Dallas real estate billionaire Harlan Crow.

Precisely what led so many people to offer Thomas money and other gifts remains an open question. There’s no evidence the justice ever raised the specter of resigning with Crow or his other wealthy benefactors.

George Priest, a Yale Law School professor who has vacationed with Thomas and Crow, told ProPublica he believes Crow’s generosity was not intended to influence Thomas’ views but rather to make his life more comfortable. “He views Thomas as a Supreme Court justice as having a limited salary,” Priest said. “So he provides benefits for him.”

Thomas and Crow didn’t respond to questions for this story. Crow, a major Republican donor, has not had cases at the Supreme Court since Thomas joined it and has previously said Thomas is a dear friend. David Sokol, a conservative financier who has taken Thomas on vacation on a private jet, said in a statement that he and Thomas had never discussed the justice’s finances or when he might retire.

Thomas’ comments in 2000 were to Florida Rep. Cliff Stearns, a vocal conservative who’d been in Congress for 11 years and occasionally socialized with the justice. They set off a flurry of activity across the judiciary and Capitol Hill. “His importance as a conservative was paramount,” Stearns said in a recent interview. “We wanted to make sure he felt comfortable in his job and he was being paid properly.”

There’s an often-criticized dynamic surrounding most important jobs in the federal government: The posts pay far less than comparable jobs in the private sector, but officials can cash in once they leave. Ex-regulators sell advice to the regulated. Generals retire to join military contractors. Former senators get jobs lobbying Congress.

But there is no revolving-door payday waiting on the other side of a lifetime appointment to the Supreme Court. Justices generally stay on the bench past their 80th birthday, if not until death. In 2000, justices were paid more than cabinet secretaries or members of Congress, and far more than the average American. Still, judges’ salaries were not keeping pace with inflation, a source of ire throughout the federal judiciary. Young associates at top law firms made more than Supreme Court justices, while partners at the firms could earn millions a year.

Some of Thomas’ colleagues were extremely wealthy — Justice Ruth Bader Ginsburg was married to a high-paid tax lawyer and Justice Stephen Breyer to the daughter of a wealthy British lord. Thomas did not come from money. When he was appointed to the court in 1991, he was 43 years old and had spent almost all his adult life working for the government. At the time, he still had student loans from law school, Thomas has said.

The full details of Thomas’ finances over the years remain unclear. He made at least two big purchases around the early ’90s: a Corvette and a house in the Virginia suburbs on 5 acres of land. When Thomas and his wife, Ginni, bought the home for $522,000 a year after he joined the court, they borrowed all but $8,000, less than 2% of the purchase price, property records show.

Public records suggest a degree of financial strain. Throughout the first decade of his tenure, the couple regularly borrowed more money, including a $100,000 credit line on their house and a consumer loan of up to $50,000. Around January 1998, Thomas’ life changed when he took in his 6-year-old grandnephew, becoming his legal guardian and raising him as a son. The Thomases sent the child to a series of private schools.

In early January 2000, Thomas took the trip to the Georgia beach resort. Thomas was there to deliver a keynote speech at Awakening, a “conservative thought weekend” featuring golf, shooting lessons and aromatherapy along with panel discussions with businessmen and elected officials. (A founder and organizer of the annual event, Ernest Taylor, told ProPublica that Thomas’ trip was paid for by the organization. Thomas reported 11 free trips that year on his annual financial disclosure, mostly to colleges and universities, but did not disclose attending the conservative conference, an apparent violation of federal disclosure law.)

On a commercial flight back from Awakening, Thomas brought up the prospect of justices resigning to Stearns, the Republican lawmaker. Worried, Stearns wrote a letter to Thomas after the flight promising “to look into a bill to raise the salaries of members of The Supreme Court.”

“As we agreed, it is worth a lot to Americans to have the constitution properly interpreted,” Stearns wrote. “We must have the proper incentives here, too.”

Stearns’ office soon sought help from a lobbying firm working on the issue, and he delivered a speech on the House floor about judges’ salaries getting eroded by inflation. Thomas’ warning about resignations was relayed at a meeting of the heads of several judges’ associations. L. Ralph Mecham, then the judiciary’s top administrative official, fired off the memo describing Thomas’ complaints to Rehnquist, his boss.

“I understand that Justice Thomas clearly told him that in his view departures would occur within the next year or so,” Mecham wrote of Thomas’ conversation with Stearns. Mecham worried that “from a tactical point of view,” congressional Democrats might oppose a raise if they sensed “the apparent purpose is to keep Justices [Antonin] Scalia and Thomas on the Court.” (Scalia had nine children and was also one of the less wealthy justices. Scalia, Mecham and Rehnquist have since died.)

It’s not clear if Rehnquist ever responded. Several months later, Rehnquist focused his annual year-end report on what he called “the most pressing issue facing the Judiciary: the need to increase judicial salaries.”

Several people close to Thomas told ProPublica they believed that it was implausible the justice would ever retire early, and that he may have exaggerated his concerns to bolster the case for a raise. But around 2000, chatter that Thomas was dissatisfied about money circulated through conservative legal circles and on Capitol Hill, according to interviews with prominent attorneys, former members of Congress and Thomas’ friends. “It was clear he was unhappy with his financial situation and his salary,” one friend said.

Former Sen. Trent Lott, then the Republican Senate majority leader, recalled in a recent interview that there were serious concerns at the time that Thomas or other justices would leave.

The public received hardly a hint that such conversations about Thomas were unfolding in Washington. Thomas did once allude to government salaries, in a 2001 speech praising the value of public service. “The job is not worth doing for what they pay. It’s not worth doing for the grief,” he said. “But it is worth doing for the principle.”

Around that time, Thomas was also pushing to allow justices to make paid speeches — a source of income that had been banned in the 1980s. On several occasions, Thomas discussed lifting the ban with appellate Judge David Hansen, who chaired the judiciary’s committee responsible for lobbying Congress on issues like pay, according to Mecham’s memo.

At Sen. Mitch McConnell’s request, a provision removing the ban for judges was quietly inserted into a spending bill in mid-2000. Why McConnell made the proposal became a subject of scrutiny in the legal press. After the Legal Times reported the measure had been dubbed the “Keep Scalia on the Court” bill, Scalia responded that the “honorarium ban makes no difference to me” and denied that he would ever leave the court for financial reasons. (The ban was never lifted. McConnell did not respond to a request for comment.)

During his second decade on the court, Thomas’ financial situation appears to have markedly improved. In 2003, he received the first payments of a $1.5 million advance for his memoir, a record-breaking sum for justices at the time. Ginni Thomas, who had been a congressional staffer, was by then working at the Heritage Foundation and was paid a salary in the low six figures.

Thomas also received dozens of expensive gifts throughout the 2000s, sometimes coming from people he’d met only shortly before. Thomas met Earl Dixon, the owner of a Florida pest control company, while getting his RV serviced outside Tampa in 2001, according to the Thomas biography “Supreme Discomfort.” The next year, Dixon gave Thomas $5,000 to put toward his grandnephew’s tuition. Thomas reported the payment in his annual disclosure filing.

Larger gifts went undisclosed. Crow paid for two years of private high school, which tuition rates indicate would’ve cost roughly $100,000. In 2008, another wealthy friend forgave “a substantial amount, or even all” of the principal on the loan Thomas had used to buy the quarter-million dollar RV, according to a recent Senate inquiry prompted by The New York Times’ reporting. Much of the Thomases’ leisure time was also paid for by a small set of billionaire businessmen, who brought the justice and his family on free vacations around the world. (Thomas has said he did not need to disclose the gifts of travel and his lawyer has disputed the Senate findings about the RV.)

By 2019, the justices’ pay hadn’t changed beyond keeping up with inflation. But Thomas’ views had apparently transformed from two decades before. That June, during a public appearance, Thomas was asked about salaries at the court. “Oh goodness, I think it’s plenty,” Thomas responded. “My wife and I are doing fine. We don’t live extravagantly, but we are fine.”

A few weeks later, Thomas boarded Crow’s private jet to head to Indonesia. He and his wife were off on vacation, an island cruise on Crow’s 162-foot yacht.

The Supreme Court has adopted a conduct code, but who will enforce it?

This article originally appeared in ProPublica, a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Supreme Court Justice Clarence Thomas’ decadeslong friendship with real estate tycoon Harlan Crow and Samuel Alito’s luxury travel with billionaire Paul Singer have raised questions about influence and ethics at the nation's highest court.

The Supreme Court on Monday released a code of conduct governing the behavior of the country’s most powerful judges for the first time in its history. But experts said it was unclear if the new rules, which do not include any enforcement mechanism, would address the issues raised by recent revelations about justices’ ethics and conduct.

The nine-page code, with an accompanying five pages of commentary, was signed by all the sitting justices and covers everything from the acceptance of gifts, to recusal standards, to avoiding improper outside influence on the justices. The step followed months of reporting by ProPublica detailing undisclosed gifts to Supreme Court justices from wealthy political donors.

The code does not specify who, if anyone, could determine whether the rules had been violated.

The new Supreme Court code’s lack of any apparent enforcement process is “the elephant in the room,” said Stephen Vladeck, a law professor at the University of Texas who studies the court. “Even the most stringent and aggressive ethics rules don’t mean all that much if there’s no mechanism for enforcing them. And the justices’ unwillingness to even nod toward that difficulty kicks the ball squarely back into Congress’ court.”

Nevertheless, some leading observers of the court described the creation of an explicit, written code as a landmark in the court’s 234-year history.

“The Supreme Court’s promulgation of a code of conduct today is of surpassing historic significance,” former federal appellate judge J. Michael Luttig told ProPublica. “The court must lead by the example that only it can set for the federal judiciary, as it does today.”

A statement released by the court on Monday accompanying the code said it was formulated to dispel “the misunderstanding that the Justices of this Court, unlike all other jurists in this country, regard themselves as unrestricted by any ethics rules.” It said the code “largely represents a codification of principles that we have long regarded as governing our conduct.”

A series of ProPublica stories this year detailed a pattern of behavior by Supreme Court justices that legal ethics experts said was far outside the norms of conduct for other federal judges. ProPublica disclosed that Justice Clarence Thomas hasaccepted undisclosed luxury travel from Dallas billionaire Harlan Crow and a coterie of other ultrawealthy men for decades. Crow purchased Thomas’ mother’s home and paid private school tuition for a relative Thomas was raising as his son. Thomas also spoke at donor events for the Koch network, the powerful conservative activist group. Separately, ProPublica revealed that Justice Samuel Alito accepted a private jet trip to Alaska from a hedge fund billionaire and did not recuse himself when that billionaire later had a case before the court.

Reporting from other outlets, including The Washington Post and The Associated Press, has added to the picture. The New York Times revealed that Thomas received a loan from a wealthy friend to purchase an expensive RV. A Senate investigation later found Thomas did not repay the loan in full.

Federal judges below the Supreme Court have long been subject to a written code of conduct, the foundations of which were set down a century ago following a major ethics scandal in the judiciary. Lower court judges are subject to oversight by panels of other judges, who review allegations of misconduct.

The high court’s new code of conduct is separate from an existing federal law that requires all federal judges including the justices on the Supreme Court to annually report income, assets and most gifts on a publicly available disclosure form. The law, which passed after the Watergate scandal, has been at the center of the controversies involving Thomas’ undisclosed gifts. Thomas and Alito have argued they were not required to disclose the luxury travel, and Thomas’ lawyer has said that “any prior reporting errors were strictly inadvertent.”

The new document largely echoes the code that applies to lower court judges. Many of its prescriptions are lofty but vague. It requires the justices to “act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” It prohibits justices from soliciting gifts, practicing law or sitting on cases where their “impartiality might reasonably be questioned.” It states that the justices should not engage in “political activity,” but it does not define what that means.

Court observers are likely to spend weeks parsing the differences between the new code and that of the lower courts. Small changes were made without explanation. For instance, lower court judges are prohibited from lending “the prestige of the judicial office to advance” their own private interests. The justices are merely prohibited from “knowingly” doing so.

Whether any of the conduct that sparked the push for a formal ethics code would now be prohibited seems to remain open for interpretation. Take Thomas’ appearances at Koch network events. A federal judge told ProPublica that if he’d done the same as a lower court judge, it would’ve violated prohibitions against fundraising and political activity and he would’ve been subject to a disciplinary proceeding. It’s unclear if the high court’s new code would bar such activities or if each justice would answer such questions for him or herself.

Sen. Sheldon Whitehouse, D-R.I., who has introduced a bill that would require the Supreme Court to adopt an enforceable code of conduct, said in a statement that the new code fell short of what is needed.

“The honor system has not worked for members of the Roberts Court,” he said. “This is a long-overdue step by the justices, but a code of ethics is not binding unless there is a mechanism to investigate possible violations and enforce the rules.”

Whitehouse’s bill advanced out of the Senate Judiciary Committee in July, but it has since stalled in the face of GOP opposition. It would create an enforcement mechanism for the court’s code of conduct and set up a process where panels of appellate judges would investigate potential ethics violations.

It’s unclear whether the court’s release of the code will affect the ongoing Senate investigations into justices’ relationships with businessmen and others involved in undisclosed travel and gifts. For months, the Senate Judiciary Committee has been seeking information from Crow and others about undisclosed gifts to Thomas.

Last week, Senate Judiciary Democrats deferred an effort to subpoena Crow in the face of intense Republican opposition on the committee. Sen. Dick Durbin, D-Ill., the panel’s chair, said last week the committee would continue its efforts to authorize subpoenas in the near future.

The court’s new ethics standards are in many ways more lenient than those governing employees of the executive and legislative branches. There are still few restrictions on what gifts the justices can accept. Members of Congress are generally prohibited from taking gifts worth $50 or more and would need preapproval from an ethics committee to take many of the gifts Thomas and Alito have accepted.

Jeremy Fogel, a retired federal judge in California who had publicly called for the Supreme Court to adopt an ethics code, said Monday that he was “heartened to see that the justices unanimously have recognized the need for an explicit code of conduct.”

“Whether it will make a difference in the justices’ day-to-day actions or in public perceptions of the court remains to be seen,” Fogel said.

Clarence Thomas’ 38 vacations: The other billionaires who have treated the Supreme Court justice to luxury travel

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Supreme Court Justice Clarence Thomas’ decadeslong friendship with real estate tycoon Harlan Crow and Samuel Alito’s luxury travel with billionaire Paul Singer have raised questions about influence and ethics at the nation's highest court.

During his three decades on the Supreme Court, Clarence Thomas has enjoyed steady access to a lifestyle most Americans can only imagine. A cadre of industry titans and ultrawealthy executives have treated him to far-flung vacations aboard their yachts, ushered him into the premium suites at sporting events and sent their private jets to fetch him — including, on more than one occasion, an entire 737. It’s a stream of luxury that is both more extensive and from a wider circle than has been previously understood.

Like clockwork, Thomas’ leisure activities have been underwritten by benefactors who share the ideology that drives his jurisprudence. Their gifts include:

At least 38 destination vacations, including a previously unreported voyage on a yacht around the Bahamas; 26 private jet flights, plus an additional eight by helicopter; a dozen VIP passes to professional and college sporting events, typically perched in the skybox; two stays at luxury resorts in Florida and Jamaica; and one standing invitation to an uber-exclusive golf club overlooking the Atlantic coast.

This accounting of Thomas’ travel, revealed for the first time here from an array of previously unavailable information, is the fullest to date of the generosity that has regularly afforded Thomas a lifestyle far beyond what his income could provide. And it is almost certainly an undercount.

While some of the hospitality, such as stays in personal homes, may not have required disclosure, Thomas appears to have violated the law by failing to disclose flights, yacht cruises and expensive sports tickets, according to ethics experts.

Perhaps even more significant, the pattern exposes consistent violations of judicial norms, experts, including seven current and former federal judges appointed by both parties, told ProPublica. “In my career I don’t remember ever seeing this degree of largesse given to anybody,” said Jeremy Fogel, a former federal judge who served for years on the judicial committee that reviews judges’ financial disclosures. “I think it’s unprecedented.”

This year, ProPublica revealed Texas real estate billionaire Harlan Crow’s generosity toward Thomas, including vacations, private jet flights, gifts, the purchase of his mother’s house in Georgia and tuition payments. In an April statement, the justice defended his relationship with Crow. The Crows “are among our dearest friends,” Thomas said. “As friends do, we have joined them on a number of family trips.”

The New York Times recently surfaced VIP treatment from wealthy businessmen he met through the Horatio Alger Association, an exclusive nonprofit. Among them were David Sokol, a former top executive at Berkshire Hathaway, and H. Wayne Huizenga, a billionaire who turned Blockbuster and Waste Management into national goliaths. (The Times noted Thomas gives access to the Supreme Court building for Horatio Alger events; ProPublica confirmed that the access has cost $1,500 or more in donations per person.)

Records and interviews show Thomas had another benefactor, oil baron Paul “Tony” Novelly, whose gifts to the justice have not previously been reported. ProPublica’s totals in this article include trips from Crow.

Each of these men — Novelly, Huizenga, Sokol and Crow — appears to have first met Thomas after he ascended to the Supreme Court. With the exception of Crow, their names are nowhere in Thomas’ financial disclosures, where justices are required by law to publicly report most gifts.

The total value of the undisclosed trips they’ve given Thomas since 1991, the year he was appointed to the Supreme Court, is difficult to measure. But it’s likely in the millions.

Huizenga sent his personal 737 to pick Thomas up and bring him to South Florida at least twice, according to John Wener, a former flight attendant and chef on board the plane. If he were picked up in D.C., the five-hour round trip would have cost at least $130,000 each time had Thomas chartered the jet himself, according to estimates from jet charter companies. In February 2016, Thomas flew on Crow’s private jet from Washington to New Haven, Connecticut, before heading back on the jet just three hours later. ProPublica previously reported the flight, but newly obtained U.S. Marshals Service records reveal its purpose: Thomas met with several Yale Law School deans for a tour of the room where they planned to display a portrait of the justice. (Crow’s foundation also gave the school $105,000, earmarked for the “Justice Thomas Portrait Fund,” tax filings show.)

Don Fox, the former general counsel of the U.S. Office of Government Ethics and the senior ethics official in the executive branch, said, “It’s just the height of hypocrisy to wear the robes and live the lifestyle of a billionaire.” Taxpayers, he added, have the right to expect that Supreme Court justices are not living on the dime of others.

Fox, who worked under both Democrat and Republican administrations, said he advised every new political appointee the same thing: Your wealthy friends are the ones you had before you were appointed. “You don’t get to acquire any new ones,” he told them.

Thomas and Novelly did not respond to a detailed list of questions for this story. Huizenga died in 2018 and his son, who is the president of the family’s holding company, also did not respond to multiple requests for comment.

In a statement to ProPublica, Sokol said he’s been close friends with the Thomases for 21 years and acknowledged traveling with and occasionally hosting them. He defended the justice as upright and ethical. “We have never once discussed any pending court matter,” Sokol said. “Our conversations have always revolved around helping young people, sports, and family matters.”

“As to the use of private aviation,” he added, “I believe that given security concerns all of the Supreme Court justices should either fly privately or on governmental aircraft.”

The justices have said they follow court rules prohibiting them from accepting gifts from a group of people so frequently that “a reasonable person would believe that the public office is being used for private gain.” But what actually constitutes a gift under those rules is ambiguous and, in practice, justices have few restrictions on what they can accept. Other members of the court have accepted travel underwritten by wealthy businessmen and speaking invitations at universities. Stephen Breyer accepted a flight to a Nantucket wedding from a Democratic megadonor. Ruth Bader Ginsburg took a tour of Israel and Jordan paid for by an Israeli billionaire. Those gifts are public because Breyer and Ginsburg disclosed them.

Thomas, however, is apparently an extreme outlier for the volume and frequency of all the undisclosed vacations he’s received. He once complained that he sacrificed wealth to sit on the court, though he depicted the choice as a matter of conscience. “The job is not worth doing for what they pay,” he told the bar association in Savannah, Georgia, in 2001, “but it is worth doing for the principle.”

To track Thomas’ relationships and travel, ProPublica examined flight data, emails from airport and university officials, security detail records, tax court filings, meeting minutes and a trove of photographs from personal albums, including cards that Thomas’ wife, Ginni, sent to friends. In addition, reporters interviewed more than 100 eyewitnesses and other sources: jet and helicopter pilots, flight attendants, airport workers, yacht crew members, security guards, photographers, waitresses, caterers, chefs, drivers, river rafting guides and C-suite executives.

ProPublica has not identified any legal cases that Huizenga, Sokol or Novelly had at the Supreme Court during their documented relationships with Thomas, although they all work in industries significantly impacted by the court’s decisions.

In a small-circulation biography given to Huizenga’s friends and family, Thomas acknowledged that he and Huizenga discussed some of the billionaire’s companies but said their relationship was never transactional. “It wasn’t that kind of friendship,” he told the interviewer. The justice said they’d prefer to go to a small restaurant in a strip mall or sit on the billionaire’s lawn and drink tea or diet soda.

“We are in a society where everything is quid pro quo,” Thomas said, but not with the Huizengas. “I don’t do anything for them and they can’t do anything for me.”

“Four Lucky Couples”

On Labor Day weekend 2019, Thomas boarded a private plane in Washington, D.C., for the first leg of a sojourn out West. The vacation had been months in the making and, thanks to Sokol, it was all taken care of. He’s hosted the Thomases virtually every summer for a decade.

The first stop was the Great Plains. It was the home opener at the University of Nebraska-Lincoln, which Ginni Thomas had attended before transferring. The Thomases were joined there by other couples, including one of the justice’s most vocal advocates, Mark Paoletta, who then worked for the federal government, and his wife.

Sokol, a major university donor who graduated from the Omaha campus, arranged for the group to attend the football and volleyball games with all-access passes. Clarence Thomas met with the football team the day before the game. The group walked out of the tunnel before kickoff. During halftime, they stood on the sidelines to watch the marching band perform, at one point posing for a picture in the end zone: “The Sokols took four lucky couples to the first Nebraska footbal game of the season,” Ginni Thomas wrote in one of the card captions.

Sokol runs a private equity firm and now also chairs a holding company that owns large international shipping and power utility corporations. He resigned from Berkshire Hathaway in 2011 amid an internal investigation by the company that found he had violated its insider trading policy. (At the time, Sokol denied wrongdoing and said his resignation was unrelated to the episode; he was never indicted.)

That Saturday, the group watched both the football and volleyball games from luxury suites. The football skybox, which typically costs $40,000 annually, belonged to Tom Osborne, a former Republican congressman who was also the head coach of the team for 25 years. Hosting the Thomases had ripple effects. A local priest requested a ticket for his 87-year-old mother, but the volleyball coach had to tell him none was available. “All of our tickets have been taken for Clarence Thomas and his group,” the coach wrote.

The Thomases have been treated to at least seven University of Nebraska-Lincoln games — five arranged by Sokol — in recent years. The Times first reported on Thomas’ appearances at some of them.

Thomas has never reported any of those tickets on his yearly financial forms. Judiciary disclosure rules require that most gifts worth more than $415 be disclosed. “It’s so obvious,” said Richard Painter, former chief White House ethics lawyer for President George W. Bush. “It all has to be reported.” ProPublica identified more than 60 federal judges who disclosed tickets to sporting events between 2003 and 2019. In 1999, Thomas disclosed private flight and accommodations for the Daytona 500 but hasn’t reported any other sporting events before or since.

In a statement, Osborne confirmed Thomas has “watched a couple of football games” in his suite, which the university had given to him. He said he is “taxed” for the use of the suite but did not answer whether Thomas has ever reimbursed him. The University of Nebraska-Lincoln did not respond to requests for comment.

On Sunday, the morning after the football game in Nebraska, Sokol flew with Thomas by private jet to Sokol’s Paintbrush Ranch just outside Jackson Hole, Wyoming. The property, valued in the low eight figures, sits in the foothills of Shadow Mountain. A local radio personality said of the estate: “This is the ultimate home and it has the most iconic view of the Tetons I’ve seen. Ever.”

Sokol also owns a waterfront mansion in Fort Lauderdale, Florida, currently worth $20.1 million, where he’s hosted the Thomases as well, according to photos of the visits. The 12,800-square-foot property includes a home theater, elevator, walk-in wine cellar and yacht docking. (In addition, Sokol and Thomas have shared an opulent lodge together while vacationing at Crow’s private lakeside resort, Camp Topridge, in the Adirondacks.)

In Wyoming, the Thomases fished, rafted on the Snake River and sat by a campfire overlooking the Teton Range with the other couples. At one point, the Paolettas serenaded the justice with a song they wrote about him.

Like Thomas, Paoletta did not disclose the trip on his yearly financial filings. At the time, Paoletta was general counsel and the designated ethics official at the Office of Management and Budget. In a statement, Paoletta said he wasn’t required to disclose the trip because he had reimbursed Sokol, but he did not say how much or provide documentation of those payments. “I complied with all ethics laws and regulations,” Paoletta said.

Details of the vacation to Nebraska and Wyoming were drawn from photographs, trip planning emails and social media posts, as well as interviews with airport workers, local residents and others familiar with the travel, including river raft guides.

Since 1990, Sokol and his wife have donated more than $1 million to Republican politicians and groups, along with smaller amounts to Democrats. Last October, in New Orleans, Sokol made a direct reference to a pending Supreme Court case while addressing a group of former Horatio Alger scholarship recipients. (Thomas was not in attendance.)

The speech veered into territory that made many of those in attendance uncomfortable and left others appalled, emails and others messages show. Sokol, who has written extensively about American exceptionalism and the virtues of free enterprise, minimized slavery and systemic racism, some felt. He then criticized President Joe Biden’s student loan forgiveness plan, arguing Biden had overstepped the government’s authority, according to a recording of the speech obtained by ProPublica.

“It’s going to get overturned by the Supreme Court,” Sokol predicted, echoing a common legal commentary.

He was right. This summer, the court struck down Biden’s student loan forgiveness plan. Thomas voted in the majority.

Deep Sea Fishing in the Caribbean

Nearly every spring, Novelly, a billionaire who made his fortune storing and transporting petroleum, takes his two yachts on a fishing expedition to the Bahamas’ Exuma Islands. Photographs from the trips show porcelain beaches, cerulean waters and fresh mahi-mahi. Friends and family come and go for days at a time.

Three of Novelly’s former yacht workers, including a captain, told ProPublica they recall Thomas coming on board the vessels multiple times in recent years. Novelly’s local chauffeur in the Bahamas said his company once picked Thomas up from the billionaire’s private jet and drove him to the marina where one of the yachts, Le Montrachet, frequently docks.

Le Montrachet, named after the premium French wine, is a 126-foot luxury vessel complete with a full bar, multiple dining areas, a baby grand piano, accommodations for 10 guests and a handful of smaller fishing boats and jet skis. Novelly charges about $60,000 a week to outsiders who want to charter it.

Another past guest on Novelly’s yacht is “Alligator” Ron Bergeron, one of the biggest land and roadway developers in Florida. Around 2018, Novelly and Thomas went to Bergeron’s private ranch on the edge of the Everglades — a sprawling, gated estate with centuries-old cypress trees and an 1800s-style saloon on site. He described Novelly as a man who likes to share his success with others. “He’s very generous with all his friends,” Bergeron told ProPublica.

Bergeron said his conversations with Thomas at the ranch were strictly about charity work and not business. “You’re talking about a great man,” Bergeron said, “who gives his time to make a difference for America.”

Since 1999, Novelly’s family and companies have publicly disclosed at least $500,000 to conservative causes and Republican candidates in federal elections. (Before then, he had given to both parties.)

Novelly, who recently stepped down from his CEO roles, ran his business affairs aggressively, ending up on the wrong side of the government in at least two cases. He spends much of his time between St. Louis and Boca Raton, Florida, where he has a 23,000 square-foot palatial estate appraised at $22.2 million. In 2002, Novelly established residency and a holding company in the Virgin Islands. During a hearing with local officials, Novelly described the arrangement there as a “quid pro quo,” meaning the U.S. territory received a boost to the local economy in return for offering substantial tax breaks. The IRS would later call it an “abusive tax avoidance scheme” and pursued Novelly for millions in back taxes and penalties. Novelly denied the characterization and eventually settled with the government for a negotiated amount.

There’s no evidence his friendship with Thomas helped Novelly in one of his most significant disputes. In 2005, the Justice Department sued Novelly’s company, Apex Oil, because its corporate predecessor had contributed to a massive groundwater contamination beneath an Illinois village and then Apex refused to help with the cleanup. Apex argued the spill had occurred before the company went through a bankruptcy years earlier. Several judges ruled against Apex, which eventually appealed to the Supreme Court in 2010. The justices declined to hear the case, and the company had to pay about $150 million to help remove oil from the soil.

It’s not clear how Thomas voted in the case because such votes are not typically public. The vacations ProPublica identified appear to have occurred after the case was resolved.

In 2020, Apex Oil, Sokol and Crow helped fund a documentary defending Thomas as a response to an HBO film that was critical of the justice. Sokol called the HBO movie a “Molotov cocktail into our homes” and a prime example of America’s eroding civility.

The “Most Coveted” Invitation in the World

Thomas’ first billionaire benefactor is likely H. Wayne Huizenga, believed to be the only person in American history to build three separate Fortune 500 companies. One of the three was AutoNation, which Huizenga founded in 1996 before building it into the largest car dealer in the country. Between 1998 and 1999, Huizenga’s holding company spent $500,000 lobbying federal agencies that regulate the automotive industry, according to OpenSecrets data. Over the years, the Huizenga family and companies gave millions to state and federal Republican candidates and once threw a fundraiser for the Florida GOP that helped keep the party afloat for months.

The billionaire was known to regularly lavish gifts and perks on those in his orbit. He routinely took friends on opulent vacations. He paid his employees handsomely and sometimes covered their bills and personal expenses. On a whim, Huizenga once handed box tickets for the opera, which were worth thousands, to his caterer, Bob Leonardi.

“I led the life of a multimillionaire without being one,” Leonardi said.

For 20 years, Thomas benefited from Huizenga’s attention as well, availing himself of the billionaire’s fleet of aircraft and other luxuries. Huizenga took Thomas to see the Miami Dolphins and Florida Panthers several times between the mid-’90s and mid-2000s, according to interviews and photographs. Huizenga owned both teams at the time.

Executives saw Thomas around Huizenga’s office often. Richard Rochon, the former president of Huizenga Holdings, said Thomas once shadowed the billionaire during meetings. “He just wants to see what I do every day,” Rochon recalled Huizenga saying.

On at least two occasions, Thomas attended Huizenga’s birthday and Christmas parties, which the billionaire held inside his private hangar at the Fort Lauderdale airport. Van Poole, a lobbyist and former chairman of the Florida GOP, recalled riding down the elevator at the nearby Hyatt Pier 66 hotel — which Huizenga also controlled — when the Thomases stepped in with a security detail. The group discussed college sports and then traveled to the party together, Poole said.

Thomas occasionally flew on Huizenga’s helicopters, sometimes taking off from the roof of the corporate headquarters, and at least one of his Gulfstream jets around Florida, according to his former pilots. But the billionaire’s most luxurious planes were a pair of 737 jets he had retrofitted like a lounge, complete with recliners, love seats, mahogany dining and card tables and gourmet food.

At least two times in the mid 2000s, Huizenga sent one of them to pick up Thomas and deliver him to Fort Lauderdale, said John Wener, the flight attendant on board.

Wener recalled chatting with the justice about his nomination to the Supreme Court and the tumultuous Senate confirmation hearings after Thomas’ former aide, Anita Hill, accused him of sexual harassment. “He said, ‘Just imagine a job interview and you’re in front of 100 people that hate you,’” Wener recalled Thomas remarking. “‘How would that interview go?’”

In the early 2000s, Huizenga gave Thomas something that was priceless at the time: a standing invitation to his exclusive, members-only golf club, the Floridian. Designed by golf legend Gary Player, the course was lined with cottages for Huizenga’s friends, a yacht marina for them to dock and a helipad if they wanted to fly in. One family friend told the Huizenga family biographer that the Floridian was “the most coveted private golf invitation in the world.” Those who worked and played there said the membership rolls were a Rolodex of the rich, famous and powerful: From Michael Douglas and Rush Limbaugh to Michael Bloomberg and former Vice President Dan Quayle. Donald Trump once asked to be a member but Huizenga spurned him, according to three of Huizenga’s former employees.

All 200-plus members were “honorary” and didn’t pay dues — Huizenga covered everything. “It was a little slice of heaven, a magical place,” former media personality Matt Lauer told the biographer. “You drove through the gates and it was this fairytale land that he had created.”

It’s unclear if Thomas was a member or Huizenga’s frequent guest with similar privileges. The billionaire’s former personal photographer and two former golf pros at the club recalled seeing Thomas there multiple times over the years. One of Huizenga’s helicopter pilots said he had picked the justice up from the property. And a fifth employee, a former waitress and concierge, said she once served Thomas and Huizenga, who were wearing golf attire, as they dined alone in the enormous waterfront clubhouse for lunch. “Have you met a Supreme Court justice?” Huizenga asked the waitress before she took their order. “This is Clarence Thomas.”

Today, the Floridian, which the Huizenga family sold in 2010 before it underwent renovations, has a $150,000 initiation fee.

Paying for Access to the Supreme Court Chambers

Thomas first met Huizenga at a formal gala in Washington, D.C., in 1992, when they were both inducted into the Horatio Alger Association. Henry Kissinger and Maya Angelou were among the other honorees that year. The organization, named after the 19th-century novelist who popularized rags-to-riches folklore, gives millions in college scholarships each year and also brings together some of the country’s wealthiest, self-made business tycoons for opulent events. (In real life, Alger was a minister on Cape Cod who resigned from his parish after he was credibly accused of molesting boys.)

“We were proud to honor Justice Thomas more than 30 years ago,” an association spokesperson said in a statement, “and remain grateful for his continued involvement in our organization.” She said Thomas spends countless hours mentoring scholarship recipients.

Thomas appears to have met Huizenga, Sokol, Novelly and Bergeron through the organization. Several of Thomas’ trips to Florida in the 2000s appear to have been connected with the association. In that time period, he joined Huizenga at Horatio Alger scholarship ceremonies in South Florida, travel that the justice disclosed in several of his yearly financial filings.

However, he never identified Huizenga in any of his disclosures. The association spokesperson confirmed to ProPublica that the billionaire hosted those events “and covered all costs involved.”

Experts said that means Thomas’ disclosures would be, at a minimum, incomplete and misleading because the rules require federal judges to identify the source of the gifts they receive. “Source means the person or entity that paid for it,” said Kathleen Clark, a legal ethics authority at Washington University in St. Louis.

Belonging to the association has had its privileges. As part of a board meeting, the Thomases once went on a lavish trip to Jamaica, where they were hosted by a wealthy donor who owned a luxury hotel atop a former sugar plantation. Johnny Cash performed. Horatio Alger Association membership itself is worth at least $200,000, according to the organization’s meeting minutes in 2007, a sum that those who nominate a new member are responsible for raising in that person’s honor. The association spokesperson said there was no requirement to raise money for new members back when Thomas was inducted.

Thomas has likely helped the group earn many times that figure since then. Every year, the justice hosts an event for members inside the Supreme Court’s Great Hall. The Times previously reported that the event afforded the Horatio Alger Association unusual access to the court.

ProPublica examined boxes of the association’s historical archives, including financial records that show the group has required donations of at least $1,500 — $7,500 for nonmembers — to attend the Supreme Court event. In 2004, those who donated $100,000 for a table at the main ceremony got 10 seats inside the Supreme Court. In the judiciary’s code of conduct — which is general guidance that does not apply to Supreme Court justices, though they say they consult it — there is explicit language advising federal judges against using their position to fundraise for outside organizations.

But that’s what Thomas has done, said Virginia Canter, a former government ethics lawyer who served in administrations of both parties and reviewed the association’s financial records at ProPublica’s request.

“To use the Supreme Court to fundraise for somebody’s charity is, to me, an abuse of office,” she said. Canter acknowledged the organization may do good work, but that’s besides the point, she said, because wealthy donors aren’t supposed to be able to pay thousands of dollars to visit a justice inside the courthouse walls.

“It’s pay to play,” Canter added, “isn’t it?”

Ethics watchdog urges Justice Department investigation into Clarence Thomas' trips

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A Washington ethics watchdog is calling for the Department of Justice to investigate Supreme Court Justice Clarence Thomas for failing to disclose luxury trips he received from a billionaire GOP megadonor.

“This high-profile ethics matter has historic implications far beyond one Supreme Court justice,” attorneys for the nonpartisan Campaign Legal Center wrote in a detailed letter on Tuesday to the Judicial Conference, the principal policymaking body for federal courts. The Judicial Conference could trigger an investigation by referring the case to the Justice Department.

The financial disclosure law that covers justices and other federal officials states that “knowingly and willfully” failing to make required disclosures can result in fines. If someone intentionally falsifies their disclosure reports, they can face criminal penalties — a warning printed below the signature line of the reports themselves. But such prosecutions are rare.

ProPublica’s investigation last week revealed that Thomas has taken international cruises on conservative donor Harlan Crow’s superyacht, flown on Crow’s private jet and regularly vacationed at Crow’s private resort in the Adirondacks.

If the Judicial Conference were to refer the case to the Justice Department, it could lead to a remarkable historical moment. One of the few instances of a federal investigation into a sitting Supreme Court justice occurred in 1969, when Justice Department officials signaled an inquiry into outside payments that Justice Abe Fortas had been accepting. Fortas eventually resigned.

Lawyers for the Campaign Legal Center, which was founded by a former Republican chairman of the Federal Election Commission and pushes for tighter ethics enforcement in Washington, wrote that there’s ample “reasonable cause to believe that” Thomas knew the trips had to be disclosed.

“If the Judicial Conference fails to publicly address the substantial evidence of blatant violations of a disclosure law that other federal judges understand and regularly follow,” the attorneys wrote, “it creates an exception for Justice Thomas that swallows the rule.”

The Judicial Conference and Thomas did not immediately respond to requests for comment. The Justice Department declined to comment.

The letter is the latest in what have been days of mounting pressure to address the revelations. Last week, Democratic lawmakers called on Chief Justice John Roberts to investigate. This Monday, Democrats on the Senate Judiciary Committee announced plans to hold a hearing “regarding the need to restore confidence in the Supreme Court’s ethical standards.” They also announced an effort to reform ethics rules for federal judges.

In response to our story last week, Thomas issued a statement acknowledging the “family trips,” which he said he was told that he didn’t need to report.

“Early in my tenure at the Court, I sought guidance from my colleagues and others in the judiciary, and was advised that this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable,” Thomas wrote. “I have endeavored to follow that counsel throughout my tenure, and have always sought to comply with the disclosure guidelines.”

Seven experts consulted by ProPublica, including former ethics lawyers for Congress and the White House, said the law clearly requires the disclosure of gifts of transportation, such as private jet flights. If Thomas is arguing otherwise, the experts said, he is incorrect. Among the experts was a top official at the Campaign Legal Center.

Crow acknowledged that he’d extended “hospitality” to the Thomases “over the years.” He said that Thomas never asked for any of it and it was “no different from the hospitality we have extended to our many other dear friends.”

Attorneys with the center said that the federal Ethics in Government Act and judiciary regulations have always required the disclosure of free travel — even before the regulations were updated last month. They argued that Thomas himself implicitly acknowledged as much when he disclosed similar flights in the late 1990s, including one on Crow’s jet.

The attorneys pushed for the Judicial Conference to make good on its recent promises to “ensure timely action is taken on credible allegations of misconduct” and refer Thomas’ case to the Justice Department before the next judicial ethics disclosure deadline in May.