iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Andrew Reinbach

Andrew Reinbach

Posted: March 7, 2011 01:11 PM

Impeach Clarence Thomas


Why shouldn't Clarence Thomas be impeached?

If Mr. Justice Thomas takes allegations he committed perjury for 13 years seriously enough to defend himself before a recent Federalist Society dinner, then they're certainly serious enough to warrant formal investigation of said allegations.

And if these allegations are based on written evidence, as they apparently are -- among said evidence is, reportedly, 13 years of sworn financial disclosure forms claiming Mrs. Thomas earned no income, when in fact she earned plenty, much directly related to cases before him -- then it looks to non-lawyer me like something that can only be decided in a trial -- which is what an impeachment is.

Mr. Justice Thomas reportedly excused himself by claiming he simply "...inadvertently omitted (to report the income) due to a misunderstanding of the filing instructions." But when made before him, he's consistently dismissed that argument out of hand, so let's hear no more of that.

Common Cause, which uncovered this, took a more cautious bead on the issue when it wrote to Attorney General Eric Holder and suggested that Justices Thomas and Scalia should have recused themselves from certain cases before the Supreme Court -- especially, in Mr. Justice Thomas' case, Citizens United v. FEC.

And considering the likelihood that convicting Mr. Justice Thomas of perjury would at a minimum throw 13 years of Supreme Court decisions into question, I suppose recommending mere recusal is a prudent, even achievable goal.

Even Professor Jonathan Turley of Georgetown Law School, who, in the weekend edition of The Los Angeles Times, makes the case against Mr. Justice Thomas much better than I can, likewise makes no call for impeaching Mr. Justice Thomas.

But not being a Washington-based politician, I feel no such compunction.

After all: If Bill Clinton could be impeached for getting trapped into lying about what went on between him and poor Ms. Lewinsky, a Supreme Court Justice can certainly be impeached for what appears to be voluntarily lying under oath for 13 years.

I guess I can understand why Democratic politicians wouldn't want to pick up this particular dirty stick; touching it would get everybody dirty, and the Democrats' obvious strategy for lo these many years has been to try to appear the reasonable party.

But aside from achieving so little, this has infuriated the Democratic base and encouraged its Right-Wing enemies to wage ever-more aggressive war against them, and against the entire, century-old Progressive edifice.

Now the Right is laying siege to fundamental towers of said edifice -- collective bargaining, for instance -- and there's still no powerful counter-attack from its supposed defenders.

And nobody reading this needs be told what two-years of political theater over this issue would mean for the 2012 elections, or what a decisive win -- or loss -- in that election will mean for this country.

Mr. Justice Thomas argues that an attack on him is an attack on the Court: But that's built on a phony premise. Not only is Mr. Justice Thomas not the Supreme Court itself -- he's a mere member, in fact -- but it's no serious stretch to argue that removing a corrupt Justice defends the Court and its integrity.

Elected officials don't have to be prime movers here -- they can appear to be merely responding to the demands of their constituents. In fact, what's called for here is a grassroots movement to demand Mr. Justice Thomas be called to account.

How about it, fellow citizens?

Visit me at ReinbachsObserver.com

 
 
 
  • Comments
  • 171
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Bloggers
Recency  | 
Popularity
Page: 1 2 3 4 5  Next ›  Last »  (5 total)
08:44 PM on 04/26/2011
A little late now, the statute of limitations for perjury in such cases is 5 years. Maybe you could try FDR's trick of stacking the court by expanding it and see if that works any better than it did for him.
photo
MajorKong
If the pilot's good, see, I mean if he's reeeally
10:52 PM on 03/27/2011
Couldn't we just give Scalia two votes and save on having to pay Thomas' salary?
HUFFPOST SUPER USER
DingoBuzzy
Word.
12:55 PM on 03/22/2011
So wait, does this mean that I can just claim zero income for the year, and when I'm audited I can just say "I got confused" and I'll be scot-free?

Awesome. Didn't know the law worked that way.
photo
HUFFPOST SUPER USER
JustJoy7
Give your best, expect the best from others.
04:49 PM on 03/13/2011
I get the feeling Clarence Thomas wouldn't mind leaving the SC; however, I don't guess he'd like to be impeached. He needs to go. Does the lifetime appointment mean they can't do a Sarah Palin and quit? Really, he finds the job boring.
jusathot
Nice seeing ya
03:42 AM on 03/14/2011
I agree he would not mind leaving, but I don't think he finds the job boring. It cannot be fun knowing everybody is watching and hating you, and you can only be quiet, and wait to vote.
photo
HUFFPOST SUPER USER
jimpager
10:40 AM on 03/13/2011
Best idea I've heard this year. Can we throw in a perjury indictment?
This user has chosen to opt out of the Badges program
10:25 PM on 03/12/2011
Maybe is the salary of the Supreme Court Justices was not a joke, we could get better people?
12:27 PM on 03/10/2011
In a non-political world he should be impeached for perjury. However, Thomas will immediately play the race card, as he did in his confirmation hearings. This is a hornet's nest that won't be stirred right now as it's a lose/lose for both parties. But the real loser is justice.
photo
HUFFPOST BLOGGER
Andrew Reinbach
is Grand Vizier of ReinbachsObserver.com
01:18 PM on 03/10/2011
It's a win/win for Democrats, because the principle is the same as it was for impeaching Bill Clinton: No one is above the law. And in this case, there's a confession. If there's a serious push to impeach Thomas by House Democrats, House Republicans can't table it, because it's the same as defending Thomas. If they do defend him, they look like hypocrites; if they throw him under the bus they look like they'll sacrifice anyone to hold on to power. Not to mention that they'd lose their 5-4 majority in the Court. Either way it's good politics for Democrats. The good news: This can be a purely grass-roots movement and have the same result. And as it happens, there's already a FaceBook page on this very topic; what's necessary now is some money to create an organization, hire a lobbyist, and put a professional face on the effort. It could have actual legs, despite any pessimism that may be laying around.
HUFFPOST SUPER USER
Cool Bam
08:46 AM on 03/09/2011
Let's look at this in light of another situation i'll bet everyon here weighed in on differently
1) Thomas paid all his taxes - Rangel did not pay his taxes
2) Thomas's Fed Disclosure lists the total amount of household income correctly - Rangel omitted income (same form)
3) Thomas (and his wife) earned their income legally. Rangel illegally held multiple subsidized housing units in New York and made profit subletting them

The left treats Thomas as a criminal for simply omitting the words "The Heritage Foundation" from a form. Rangel IS a criminal and the left defends him to the death.
photo
HUFFPOST BLOGGER
Andrew Reinbach
is Grand Vizier of ReinbachsObserver.com
09:27 PM on 03/09/2011
Bam:

re: your 7:18PM posting--readers, please consult the first thread, below...:

You say that it's not perjury, and OK, because Thomas says it was all inadvertant--a mere mistake.

So if I'm walking down a street with an ounce of pot and a cop stops me and I tell him I didn't realize pot was illegal, he should just let me go on my say-so? Or that some laws are more important than others? Are those really your arguments?

I can see why you're getting so worked up, Bam. The principle here is the same one that got Clinton impeached--nobody is above the law, not even high officials. And here, we've got a confession.

If Republicans defend Thomas, they're calling themselves hypocrites for not accepting that sauce for the goose is sauce for the gander. If they don't defend him, they look like they'll throw anybody under the bus to stay in power. Either way, they look like they have no principles and there goes the GOP's posture of moral superiority in the next election.

And it doesn't have to go to impeachment, as long as it gets good play in the media--practically a given. So I guess in the end, I'd feel sorry for you, if I didn't consider people like you a danger to the Constitution, and the government of, by, and for the People.

Have a nice day.
HUFFPOST SUPER USER
Cool Bam
10:23 PM on 03/09/2011
I get "worked up" when people misrepresent the truth. If they can prove perjury and people want to impeach, that's fine with me. If they can't and some people want to impeach for the civil infraction (after h is convicted) that's find to. The constant misrepresentation is what needs to stop no matter what side of anything you are on. (and I say "you" in general here, not you you)
07:46 PM on 03/08/2011
The salary of a Supreme Court Associate Justice is $213,900. Is Justice Thomas asking us to believe that he prepared his income tax and disclosure filings himself? For 13 years? And was confused, for thirteen years, each year, over the same line item on the form? And his wife receives over $700,000 from groups with business before, or likely to have business come before the Supreme Court? I understand. I believe him. I guess you could forget or become confused for thirteen years by how to report the $54,000 a year (average) the wife was bringing home. Yeah, this is all believable.
photo
WASanford
I think, therefore I am mad as hell!
10:52 AM on 03/08/2011
Justice doesn't just float over our country like a fog, it has to be enacted! If Thomas' failure to serve honestly doesn't call for impeachment then I can't come up with another malfeasance that would. The Republican House will not impeach one of their own party so this will have to wait until the Democrats take back control of the House.

Meanwhile, we must keep this issue before the public, it will actually help us win back the House. Let's not fail either ourselves or justice.
09:16 AM on 03/08/2011
"Mr. Justice Thomas reportedly excused himself by claiming he simply "...inadvertently omitted (to report the income) due to a misunderstanding of the filing instructions." "
___________________________

So I'm supposed to trust his judgement of interpreting the constitution when he can't even understand instructions that tens of millions of Americans follow every year???
photo
HUFFPOST PUNDIT
AxelDC
09:32 AM on 03/08/2011
He would have no problem throwing an lesser person (read: you or me) in jail for doing the same thing.
 
Some people are just more equal under the eyes of the law than others, especially when you have people like Clarence Thomas acting as those eyes.
HUFFPOST SUPER USER
Cool Bam
08:30 AM on 03/09/2011
First, he did not misreport his income, his taxes were right and the "income category" from his household was checked correctly on the disclosure form. What he didn't do is list his wifes source or income on a line that say's Amount not required unless an honorarium? This issue i completely over hyped. They wouldn't even impeach Rangel FOR CHEATING on his taxes, so they are ever going to impeach Thomas for omitting a 'source' of income. If thy could prove he intended to omit it, then it's a civil infraction and fine. That's the law.
photo
HUFFPOST SUPER USER
SouthernJewel
That All Important I-4 Corridor in Central FL
08:48 AM on 03/08/2011
The below is reason enough to start impeachment...
Clarence Thomas lied, what part of complete this section wording is hard to comprehend.
The instructions are simple enough even a grade school student would understand.
Yet, Thomas
"B. Spouse's Non-Invest ment Income - If you were married during any portion of the reporting period,
please complete this section (dollar amount not required except for honoraria) "
HUFFPOST SUPER USER
Cool Bam
08:32 AM on 03/09/2011
So "dollar amount not required except for honoraria" on a financial disclosure form makes it clear you put down the "Source" of income but not the amount huh?
photo
HUFFPOST SUPER USER
SouthernJewel
That All Important I-4 Corridor in Central FL
10:43 AM on 03/09/2011
He had previously filled out this spot on the disclosure...why stop?
It's a simple to fill out form.
And the fact that he previously had filled this out and stopped, should concern you.
If it were one year..that could be construed as a simple mistake, but years in a row not filling out this one line on a simple to fill out form?
Questionable.
This user has chosen to opt out of the Badges program
AZreb
equal-opportunity Independent heathen
08:41 AM on 03/08/2011
If Thomas is impeached (dream on), it will lead to charges of "racism", and all who make a case against him will be "xenophoic", "bigots" - and all the other names that raise anger.

Most of our court system has become a sick joke on the American prople and the "justice" it is supposed to promote. Elected judges are beholden to those who donated to their campaigns and from the lowest to the highest courts in the land the judges and justices rule according to their personal agendas and ideologies.
HUFFPOST SUPER USER
larry putman
pyrgist
07:11 AM on 03/08/2011
So, is this the lefts way in filling the Supreme Court with a liberal majority. Clearance Thomas to liberals must have enough holes in his armor to exploit.
I think he will stand tough. The clowns on the left needs some jokers on the right to form this circus.
09:20 AM on 03/08/2011
You typed a lot, but you seem to have left out the part where you explain why a Supreme Court Justice not understanding simple filing instructions on a form doesn't concern you. Either he is a liar, or he is not smart enough to interpret the Constitution unless there is another explanation. Lets hear yours.
photo
HUFFPOST PUNDIT
AxelDC
09:36 AM on 03/08/2011
Al Capone went to prison for tax evasion; why should a SC Justice be held to a lower standard?
11:15 AM on 03/08/2011
How about PERJURY?

IOKIYAR
HUFFPOST SUPER USER
Cool Bam
08:34 AM on 03/09/2011
There is no tax invasion involved. No did not incorrectly report the amount of his household incom even on the disclosure form. This is all spoon fed hype
photo
longtalldrink
Nearly all men can stand adversity, but if you wan
07:00 AM on 03/08/2011
You can forget about the DOJ impeaching him...it WILL take a grassroots movement to uh move him out. I say, time to go ol' silent one.