The Senate Judiciary Committee voted Thursday to authorize subpoenas for conservatives Leonard Leo and Harlan Crow in its probe into ethics controversies at the Supreme Court.
In a party-line vote, the Democratic-led committee approved the requests for documents and records from Leo, the co-chairman of the board of the influential Federalist Society who has played a significant role in selecting conservative Supreme Court justices, and Crow, a GOP megadonor whose largesse to Justice Clarence Thomas over the years has raised questions about why the conservative jurist has at times failed to report the gifts.
The move is a significant escalation in the committee’s ongoing probe and comes nearly three weeks after the court attempted to address some of the concerns raised by congressional Democrats and others by announcing a new ethics code.
“Leonard Leo continued to ignore our efforts and Harlan Crown has refused to provide a sufficient response,” Chairman Dick Durbin said at one point during Thursday’s meeting.
Despite the successful vote, Democrats still have hurdles ahead. If Leo and Crow choose not to comply, the Senate would be forced to hold a vote to enforce the subpoenas, which might not win the required 60 votes in the closely split chamber.
“We believe what you’re doing is politically motivated. There’s not an ounce of legislative purpose in these subpoenas,” said South Carolina Sen. Lindsay Graham, the panel’s top Republican.
Durbin rejected the accusation that the vote was illegitimate, arguing that the subpoenas were essential for preserving the integrity of the high court.
“The reputation and integrity of the Supreme Court is very important element in our system of government,” he said. “The court neither has the power to call up an army or to deny appropriations. Their reputation depends on their activities, particularly their code of conduct and we think that’s an important issue for the court.”
Leo says he won’t comply
Leo blasted the committee’s vote in a statement and vowed to not cooperate with the ongoing investigation.
“Senate Judiciary Committee Democrats have been destroying the Supreme Court; now they are destroying the Senate. I will not cooperate with this unlawful campaign of political retribution,” he said.
Crow, in a statement from his office, similarly criticized the probe as “unlawful and partisan,” but said he “remains willing to engage with the committee in good faith.”
“Mr. Crow offered extensive information responsive to the Committee’s requests despite his strong objections to its necessity and legality,” the statement said. “Still, Mr. Crow maintains his readiness to discuss the matter further with the Committee.”
Democrats have argued that subpoenas are necessary to better understand whether specific individuals and groups have used undisclosed gifts to gain access to the justices. But Republicans have cast the effort as politically motivated.
Leo has thus far refused to cooperate with the inquiry, which sought information from him following a ProPublica report about a 2008 fishing trip attended by Justice Samuel Alito. Per the outlet, the conservative justice traveled on a private jet that was organized in part by Leo, while his stay was provided free of charge by Robin Arkley II, another major conservative donor.
The committee asked Leo to provide information about the trip in July, but in a scathing letter via his lawyer, Leo refused to comply. The panel revealed earlier this month that Arkley had submitted requested materials, eliminating the need for a subpoena for the donor.
Meanwhile, Crow, who ProPublica reported has provided Thomas with lavish trips and gifts for years – which have mostly gone unreported on the justice’s financial disclosures – attempted to negotiate with the panel.
In response to the committee’s request, Crow agreed to provide some information covering only the last five years of his friendship with the caveat that the committee would have to “forego any further inquiries.” Democrats on the committee rejected his offer, calling it an insufficient “partial” compromise.
CNN’s Ariane de Vogue, Lauren Fox and Kristin Wilson contributed to this report.
