99 Comments
Sep 23, 2023·edited Sep 23, 2023

The continuing cascade of revelations exposing the complete corruption of Clarence Thomas is astounding. He simply uses the court to sell himself for money. The Constitution and our rule of law are mere obstacles to sidestep in his quest for wealth.

His "sugar daddies," Leonard Leo, the Koch Brothers, Harlan Crow and other ultra rich men who have been orchestrating a takeover of American democracy for the past 40 years, need to become household names as the arrogant, evil narcissists working feverishly to drag the U.S. back to the early 1900s.

The fall of the Supreme Court to Republican corruption should be a much bigger story than it is now. Democrats in Congress need to keep shining a bright spotlight every week on Thomas and everyone in bed with him.

The other big stories of the day must not overwhelm the massive fraud, corruption and degradation of such a critical institution in our country. When the Republicans on the highest court in the land keep giving the middle finger to Americans, we must keep a laser focus on them.

These depraved men and the cancer they're spreading need to feel they are on the hotseat from now until election day. It's time their names and behavior start working to elect Democrats.

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What I find fascinating about this level of court corruption is that in prior decades when the court was offering opinions about civil rights, voting rights, women’s rights, environmental issues, and more they felt it appropriate to use the call out of “judicial activism” when the justices were doing something high minded like offering opinions based on constitutional law.

Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh have demonstrated they are not capable of offering judicial decisions but rather rants highlighting their personal grievances, catholic doctrine and anti-regulation capitalist ideology.

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Enough of calls for Justice Thomas to recuse himself from selected SCOTUS cases. The calls should be for Thomas to *resign*. He should not be on the Court.

Failing that, should Articles of Impeachment be filed in the House of Representatives (never mind that they might never pass in the current House)?

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Same question: Can Supreme Court Justices be impeached? Legal scholars, please weigh in.

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Or can they refer to DOJ??

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It is easier to impeach a judge than a president. The standard is NOT "high crimes and misdemeanors". Judges, including those of the Supreme Court, serve during their "good behavior". So what is "bad behavior"? We have very little clue but drunkenness and partisan rancor from the bench is apparently okay -- see the acquittal of Samuel Chase. But surely the corrupt dealing that we have seen in the current court should count.

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I couldn’t agree more! Is there any way to pressure Justice Roberts to take action to bring an enforceable ethics standard to the justices that could, at a minimum, have a standard for recusals? Also, I am interested in thoughts on expanding the court: if we can do that what guarantees no delays on the Republican side or no additional expansions if they gain control?

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Congress can - if it gets the House to act responsibly- enact legislation that would impose a mandatory ethics code on the Supreme Court.

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Roberts will offer nothing since, as we have learned, he and his wife have not held the highest ethical standing in business.

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Their biggest crime is the American voter losing the trust in the Supreme Court.

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I spent this past Monday through Thursday at Yosemite. It’s the first time ai had ever been there and I have lived in CA since 1974! I went with a girlfriend and we met up with a male friend of mine who I had known since elementary school in NC. He rode his Ducati motorcycle all the way from Hendersonville, NC to CA. We had not seen each other since 1969 so it was an absolute treat for us to get together. Thank goodness he is on the same political spectrum as I am. Yosemite was as magnificent as I thought it would be. Being out in such spectacular nature was what I needed to energize myself. I took a break from politics, which I really needed to do. Getting ready to do battle again!

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I haven’t been there for more than 30 years, but still think about being there (luckily more than once). I’m so glad to hear it still affects people the same way it did me.

I also have reconnected in the past several years with friends from my childhood, who I had not seen in decades, and our lives have been enriched by continuing to see each other. I grew up in New Jersey but now live in NC.

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Morning, Marlene! Sounds like you had a wonderful time with your friends as you met up with nature last week! May that visit sustain you for the next several months, especially now that you can see Yosemite in your mind's eye propelling you forward to help us hold on to breathable air, water that is safe to drink, and an overall better environment. Yay, you and your friends!

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It's amazing how being in those mountains and looking at the trees that have been there for thousands (millions?) of years, makes our daily struggles seem small. That is why going into nature during times like these is essential. Along with Robert's Newsletter, that kind of beauty, quiet and grandeur will help us deal with the ugliness we see before us in our daily lives! You have made me want to go there again myself!

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I agree with you Rob, Menendez should resign. He's entitled to the presumption of innocence in the court, but he sounds guilty to me. We don't need a crook in our party, regardless of how he votes. I would be interested in hearing New Jersey law about replacing him if he does resign.

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Take a look at the photos of him and his wife attending a state dinner in the White House in 2022. Two things stand out (oops! :-) ) - I've never seen a woman as scantily-clad photographed at such an even (let's just say she "exposed her assets"), and the fact a guy like Menendez is with her is proof Kissinger was right when he was asked how it was he was dating Jill St. John - "power is the ultimate aphrodisiac" was his reply. And from the reports, it was a match not quite made in heaven with those two - she's as big a crook as he is and was when he met her. Birds of a feather flocking together.

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And this is the second time he has faced charges. Does he demonstrate any discretion in his role as chair? Good grief!

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Thankfully he's already lost the chairmanship.

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I would like a second look at how he managed to avoid conviction on the first trial.

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Thomas should resign. If he does not, he should be impeached (It might be possible after the 2024 election). Whether he is impeached or not, he should be prosecuted. And while we are at it, Menendez should resign. If he does not, he should be defeated in a primary. Defeated or not, he should be prosecuted. His claim that his behavior is ordinary legislative activity is unpersuasive.

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At least, the voters can dispatch Menendez. Regretfully, Clarence will never resign anymore than any of his colleagues. The minute somebody tries to push him off the boat there will be a lot of looking to the right and left shouting “what about”.....

I’ve become more convinced that Robert is correct about expanding the court. Maybe they’d quickly get the message that their time is over and exit stage right. Ha! They’ll only dig in and double down with every dissenting opinion. We’ll have to outlive them to see them gone.

Another aspect of this court that I find “fascinating” is that Clarence Thomas replaced Thurgood Marshall and Amy Comey-Barrett replaced Ruth Bader Ginsberg; surely two of the most outside jurors in our country’s history.

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I agree except for trying to expand the Court now. There is no legitimate basis for failing to impose an ethics code on the Court, now!

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I see no problem with expanding the Court now. What are your objections (other than it would be very difficult)? Nine justices no longer make sense when the federal circuits have expanded to 13. Too many cases don't get heard by SCOTUS because there aren't enough Justices to handle them all. It's definitely the right time to expand for these reasons alone.

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Thank you for the thoughtful response to my comment. I am not so much opposed to expanding the court some day, basically for the reasons you state, but I am aware of the amount of political energy that will be required to do that, particularly in the current era, and I think there are higher priorities now than trying to accomplish that near impossible goal in the foreseeable future. In the meantime, it is critically important, now, that Congress impose basic ethical constraints on the Supreme Court to curtail the blatant abuse of power with which we are familiar. In short, there are multiple reasons for not expanding the Court simply or primarily to change the dominant bias; but there is no good reason to delay the imposition of a binding, enforceable, ethical code on the justices. Thomas et al. may not change their minds any time soon, but al least they should be prohibited from receiving gratuities - bribes in plain English - for not doing so.

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Totally agree about the ethics code – especially since there is already one established for all other federal judges.

I know Biden had a Commission to look at “changes” for the Court, but that Commission’s findings were milquetoast (though they, too, suggested ethics is a major issue to be addressed) compared to what changes simply need to be done. Again, I agree with you on the question of how practical such an effort would be now, but we do need to start the movement towards it. And if enlarging the court as well as imposing the existing ethics rules on the Justices were proposed, perhaps the ethics rules only would be a practical result… even if compromising seems outside the ability/desire of the GQP.

Thanks for the civil discourse.

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The problem is Thomas has not done anything illegal or impeachable and since there are no ethics rules concerning the justices he has nothing to worry about and he cares less about public opinion

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Jamie Raskin, Alexandra Ocasio-Cortez, Jerry Nadler, Hank Johnson, and Ted Lieu write the following in their missive asking the Justice Department to investigate: "Justice Thomas’s consistent failure to disclose gifts and benefits from industry magnates and wealthy, politically active executives highlights a blatant disregard for judicial ethics as well as apparent legal violations." While the Justices are not obliged to follow a specific code of ethics, you could make a case that they are obliged to avoid "impropriety or the appearance of impropriety." As for the gifts Thomas and other Justices receive, there are statutory prohibitions that apply to all federal employees. Here is a link to the Justice Department's summary: https://www.justice.gov/jmd/gifts-and-entertainment

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Ok so what are we going to do about it and how can we tighten the ethics around the Justices. Unless Roberts is on board nothing happens.

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I'm not confident that something will happen, but Jamie Raskin's letter leads the way by attempting to get the Justice Department involved. Of course, another alternative is what is proposed by Robert Hubbell and many others -- increasing the size of the Court and making Thomas and Alito less relevant.

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There are nasty headlines saying that we could lose the Senate. We must do whatever we can to make sure that that does NOT HAPPEN!

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Thank you Robert for keeping up the standards. I get really tired of some of my Democrat friends who keep telling me we should fight back just like the Republicans or we should not force our party members to resign for bad behavior. If we want a true democracy based on laws and reason we must stay true to those principles. "Keep up the Standards" is the model we should always follow and hopefully the electorate will at some point purge those bad actors at the ballot box.

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This seems like an important article for understanding the potential government shut down, and in general how we’ve gotten to where we are with the economy. I wonder if you all agree - comments? How do we make MSM pay attention? And get this info into the voting public’s consciousness?

https://hartmannreport.com/p/the-shutdown-is-the-two-santa-clauses-a95?utm_source=substack&utm_campaign=post_embed&utm_medium=email

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I just read Alexandra. Yes!! It is a very important article, one that every poor person who has been misled by the mythical Ronald Reagan and continuing bogus “trickle down” nonsense. Thanks for sharing the link.

Now! How do we get many more to read and understand the consequences they have and will continue to experience unless they see it as we do?

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I live in NJ, and am disgusted with yesterday's news of an indictment of one of my senators, Robert Menendez. I sent a message thru his site strongly suggesting that he resign. I sent the following message to my other senator, Cory Booker, whom I hope will lead the charge.

"Dear Senator Booker,

"I sincerely hope you will demand Senator Menendez's resignation from the US Senate. I sent the following message to his site:

" 'The announcement today of your indictment on serious charges is extremely troubling. Democrats have worked hard to hold themselves to a high ethical and legal standard. The evidence against you is overwhelming.

" 'While you are entitled to a presumption of innocence, the seriousness of the charges and the appearance of egregious impropriety and illegal acts have severely compromised your ability to serve in the Senate. It has also dealt a serious blow to the pursuit of justice against a corrupt former president.

" 'For the good of the country, for the good of the Democratic party, for the good of your family, I urge you to resign and focus your efforts on your defense and your future.'

It is imperative that he resign immediately before more damage is done to our Democracy. Democrats cannot hold the high ground if he continues to occupy a seat in the Senate."

Perhaps others would want to do something similar. They can feel free to copy anything I've written. Menendez must resign!

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Unfortunately he is innocent until proven guilty and if he reigns he is admitting in the eyes of potential juries that he is guilty.

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I'm not an attorney, but I disagree with your first point. He's PRESUMED innocent; he's guilty when he commits a crime.

Your second point is a good one, and it certainly adds to the stakes. If he doesn't resign, he'll almost certainly be neutered for the remainder of his term, and defeated in the 2024 primary. But the damage his defiance will cause may be lasting.

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Hopefully, Sen Booker paid attention to you.

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I doubt that he'll see it, but I hope he hears it from many of his other constituents.

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A fun snippet from Heather Cox Richardson's Letters from an American email today concerning Senator Menendez, who also graduated from my Alma Mater (then St Peter's College) a couple years after me. SPC is in Hudson County which over the centuries has had its share of political graft and intrigue. Heather quotes, “So a Democratic Senator is indicted on serious charges, and no Democrats attacking the Justice Department, no Democrats attacking the prosecutors, no Democrats calling for an investigation of the prosecution, and no Democrats calling to defund the Justice Department,” wrote former Republican representative from Illinois and now anti-Trump activist Joe Walsh.

“Weird, huh?” continues Walsh.

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Corruption works both ways. Clarence Thomas’ presence at events for the Koch network does not just draw big donors. It also makes it much more likely that he will agree with the positions taken by his patrons. In a related development, Justice Kagan, speaking at Justice Barrett’s alma mater, has called for the court to adopt a code of ethics.

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It is excruciating to watch Kevin McCarthy continue to sell his soul daily for a mess of pottage. At a time of the year (Yom Kippur), when each person is invited to look into their own soul and seek to repair damage they did to it during the year, Kevin continues to blacken his soul. It is sad that he is so cravenly holding on to the TITLE of Speaker, that he is rapidly becoming a traitor.

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Clarence Thomas’ freebies are like Trump’s lies—too fast and furious to keep track of.

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“Florida Supreme Court Justice Charles Canady is married to a lawmaker who co-sponsored the state’s abortion ban.”

https://truthout.org/articles/florida-judge-deciding-abortion-ban-case-married-to-rep-who-sponsored-bill/

Floridians, we are not going to win through the courts !

Link for petition:⬇️

https://floridiansprotectingfreedom.com/petition/

✍️📣

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Thanks, Kathy. My local Central Pasco Democratic Club, along with others, has been gathering petitions for some time now. Last Sunday in our Catholic parish bulletin (a church that I no longer attend…long story for another day) they had a notice telling parishioners not to sign these petitions. That made my blood boil. I thought the church wasn’t supposed to engage in politics.

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What? They've been doing so for years!

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😡

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Yikes!

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The means of removing Thomas already exists because, Constitutionally, Justices serve during good behavior and no reasonable person would argue that what we've seen from Thomas has anything to do with good behavior. Unfortunately, like 14.3, the Constitution doesn't specify a process for the removal which makes it unlikely that anything will happen.

PSA: get your updated Covid shot when it becomes available. Anecdotally, the side effects are about the same as last year; sore arm, mild fever and tiredness which might be due to walking a couple of miles through a Dale Chihuly glass exhibit at the Missouri Botanical Garden.

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Interesting point about a means of removing Thomas exists in the constitution but not a process! Thanks! How do we get to the process part, Congress? Chief Justice Robert’s?

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Could be either, although making a behavioral standard retroactive is legally shaky. The most straightforward way would be impeachment, but that would require a cooperative House and a reasonable Senate. Roberts could, first privately and then, if necessary, publicly, call for his resignation. If the CJ is sufficiently embarrassed by the situation that might happen.

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Thomas is a classic recidivist so there no real problem with retroactivity in his case.

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True, as the ProPublica reporting indicates, there is no apparent remorse or even an understanding that the behavior was wrong. He'll do it again, we just need the removal tools in place when he does.

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Thank you for your insightful comment! Sounds like it’s time to put pressure on CJ Roberts. Would you agree?

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The tiredness is likely from the shotl. I got it and had no fever, but a day of a sore arm and being exhausted

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No doubt about the arm, the flu arm isn't bothering me at all. Headache too, but that could be food related.

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I think you'll feel better in a day or so. Take care!

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Thanks Kathleen, that's my thought too.

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An article in today's Washington Post about European Commission President Ursula von der Leyen, quotes her as responding to a question about her relationship with President Biden..."There is very good cooperation. He knows Europe very well. He's a very experienced leader." Bold face and underline that! Joe Biden is A VERY EXPERIENCED LEADER! In my humble opinion, there is no one else running who comes close to that description. It should be the focus of the campaign.

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Resign, Mr. Menendez. We have enough on our plate, and defending you is your job not mine. Do that as a private citizen not as a Senator.

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“ Show me the money “ was a line spoken by Rod Tidwell played by Cuba Gooding in the movie Jerry Maguire and I think it applies to what is happening today. Think about Clarence Thomas, Robert Menendez, the UAW workers and sprinkle in a the Koch organization , Leonard Leo, and the Federalist Society and top it with Rupert Murdoch and it’s all about the money. Dark money has been driving our campaign financing forever and everyone to some degree from both parties has their hands in the till. Dark money is funding the platforms that are pushing various propaganda all designed to support a well funded point of view. No wonder many voters are disgusted and feel left out and behind. The fact that a sitting President will walk a picket line in support of workers receiving fair wages and benefits is significant along with the leader of the UAW union telling Trump, no friend of unions to stay away. A picture of President Biden on a picket line is as the saying goes is worth a thousand words and confirms the fact that Biden is a friend to working union members a position he has held all of his life. Average hard working people need to see that President Biden a “ normal Joe” really does care and supports the common average man and and is not owned by the rich billionaires who are no friend of theirs.

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