As Common Cause noted, Thomas is "called upon daily to understand and interpret the most complicated legal issues of our day." It is implausible that he "misunderstood simple directions of a federal disclosure form."
The matter, the Times states, should wind up before the nation's top law-enforcement officer, U.S. Attorney General Eric Holder:
Thomas has expressed opposition to public disclosure in the past. He is the single justice who has argued that disclosure requirements for large political donations violate the Constitution. The disclosure omissions may be a statement of personal principles.
Regardless of Thomas' reasons, there is an important public purpose for financial disclosure laws. They allow litigants before the court to assess whether a justice has a conflict of interest that should disqualify him or her from judgment of a particular case.
The 1978 Ethics in Government Act requires federal officials to disclose income from spouses. When federal judges ignore the law, the act directs the Judicial Conference to refer those matters to the attorney general. This seems like a clear case. Despite Thomas' efforts to correct the record, the matter should be pursued.
Martha Stewart surely would agree with that statement. Stewart ended a five-month prison stay in March 2005, and many Americans probably think that was because of insider-trading charges. In fact, Stewart was convicted under 18 U.S.C. 1001 for lying to federal agents.
Track star Marion Jones spent six months in federal prison in 2008 for the same offense. Baseball greats Barry Bonds and Roger Clemens are facing federal prosecution, but it's not for allegedly using steroids--it's for violating 18 U.S.C. 1001.
Stewart, Jones, Bonds, and Clemens, writes one defense lawyer, essentially got in trouble for proclaiming their innocence. If the feds decide a person is lying about his innocence, that person can wind up in prison.
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
1
1
1
