Clarence Thomas Caught Playing Footsies With The Koch Brothers

INSIDE: Kevin McCarthy ... Rudy G ... David Brooks
Supreme Court Justice Clarence Thomas (Jonathan Newton /The Washington Post via Getty Images)
Start your day with TPM.
Sign up for the Morning Memo newsletter

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

Oy vey, Oy vey, Oy vey

ProPublica has yet another big new reveal on the ethically challenged Clarence Thomas.

In the latest installment in its Thomas series, ProPublica unearths evidence of the Supreme Court justice playing footsies with the Koch brothers and their donor network at its annual winter conference in California in 2018.

Combine that with an earlier previously reported incident of Thomas doing a “brief drop-by” at the 2008 Koch network annual conference, and we’re left with at least two documented instances of Thomas being used as a draw for wealthy conservative donors to one of the most influential political and legal advocacy operations of the last quarter century.

The details of this particular Thomas entanglement echo the other reporting by the relentless ProPublica on his cozy relationship with the billionaire conservative donor class:

  • Thomas flew to and from the Koch conference aboard a private Gulfstream G200, but he didn’t report the trip on his financial disclosure form and it’s not clear who paid for the flight. The Koch network said it didn’t pay for it.
  • Leonard Leo, who was at the time of the 2018 conference still a top official at the Federalist Society (a big recipient of Koch network money), was the “conduit” between Thomas and the Koch network.

In a particularly telling response, Leo told ProPublica (emphasis mine):

Justice Thomas attends events all over the country, as do all the Justices, and I was privileged to join him. Justice Thomas has been a dear friend, and I would never pass up an opportunity to help him share, in his own words, his lifetime of accomplishment and judicial philosophy with new audiences. All the necessary due diligence was performed to ensure the Justice’s attendance at the events was compliant with all ethics requirements.

Read that again. Aside from the obvious chummy tone, does that sound like Leo repping himself, his orgs, the Koch network … or Thomas? It’s an extraordinary defense of Thomas in that it suggests Leo is speaking for him, kinda. The passive voice in that last sentence from Leo is doing yeoman’s work.

Perhaps the sharpest edge of the new ProPublica report is in how it ties the Koch brothers’ decades long effort to overturn the 1980s Chevron case to Thomas’ own change of heart on whether that case remains good precedent. Chevron, which is a legal cornerstone of what conservatives derisively call the “administrative state,” has been a white whale of conservative legal activists on par with Roe and stacking the Supreme Court. Thomas was not on board originally, but eventually came around. (Read all the way to the bottom of the ProPublica piece for a wonderful kicker on this point.)

Finally, ProPublica dumps a whole bunch of string on Thomas and the Kochs frequenting the Bohemian Grove together, along with Harlan Crow, the billionaire conservative donor who – and I can’t emphasis this enough – owns the house Thomas’ mother lives in.

Congrats all around. It’s a tour de force of investigative reporting by ProPublica and of boldly breaking through new ethical frontiers by a sitting justice. Bravo!

House GOP In Total And Utter Chaos

The GOP-controlled House left town yesterday with no path forward on government funding and a shutdown looming when the fiscal year ends a week from tomorrow.

That Freedom Caucus-friendly continuing resolution that was supposed to give them everything they wanted? It didn’t even get a vote as there wasn’t enough GOP support for it either.

  • WSJ: McCarthy Sends Republicans Home After Losing ‘Shock’ Vote in House
  • Dana Milbank: In a leaderless House, the ‘clowns’ stumble toward a shutdown
  • CNN: McCarthy visibly frustrated after GOP hardliners put his plan to avoid a shutdown on ice

‘Dead On Departure’

TPM’s Kate Riga and Emine Yücel captured this marvelous riff by two Democratic senators on McCarthy’s ill-fated continuing resolution:

“I don’t know how much clearer we can make it to McCarthy that what he’s looking at is dead on arrival,” Sen. Chris Murphy (D-CT) told TPM of the new bill. 

“I don’t think it’s even going to arrive — dead on departure,” Sen. Chris Coons (D-DE) added.

Zing.

What A Concept!

Intrepid reporter ventures into the wilds of suburbia in search of the elusive Republican Biden voter:

Big Trouble For Rudy G

Every day it’s something else with Rudy Giuliani.

This time he’s allegedly failed to comply with a court-ordered sanctions against him in the defamation case brought by Georgia election workers Ruby Freeman and Shaye Moss.

Giuliani was supposed to pay a total of $132,856 in attorney fees for his failure to turn over discovery. He’s neither paid them by the Sept. 20 deadline nor furnished them with the discovery that got him in hot water to begin with, they told the federal court in DC on Thursday.

Rupert Murdoch Relinquishes The Reins Of His Empire

The man who has done more damage to American civic life than anyone else this century is stepping down from the leading roles of Fox Corp. and News Corp.

Off Message

TPM alum Brian Beutler today launched his new independent publication Off Message. Make it part of your news diet. It may seem like a scramble among like-minded journalists for the remaining crumbs of the collapsing news industry would lead to competitive pressures to ignore each other’s work. But love is not a pie. We need more indy news outlets at every level and with a variety of business models.

David Brooks Is At It Again

The dunking on David Brooks over this tweet damn near broke the internet:

(Note that even Elon Musk’s Twitter added a user fact check to the tweet.)

A sample of the dunking here, here, and here. But the prize goes to the Newark airport restaurant that Brooks’ complained about:

Enjoy your weekend! 🥃

Do you like Morning Memo? Let us know!

Latest Morning Memo

Notable Replies

  1. Unpossible that I’m first up…

    Image of Schnauzer cat to follow.

    Darius managed to get his coat matted to the point that we had to have a groomer give him a “lion” cut. We’re working with him now trying to get him to accept brushing…wish us luck with it.

  2. Imagine, if you will, a conspiracy of such profound darkness and breadth that it stretches its malevolent tendrils deep within the corridors of power. This sprawling cabal is orchestrating a diabolical symphony in league with forces that threaten to shatter the very fabric of reality and sow chaos in our perception of the truth. Their aim: to erase from the minds of Americans the belief that President Trump, the cherished leader, still rightfully reigns as the President of the United States, and that Joe Biden’s ascension to power was nothing more than a result of a rigged election.

    At the heart of this malevolent plot lies a sinister alliance between the Deep State and our enigmatic alien lizard overlords. Together, they have constructed a weapon of unimaginable power, one designed to obliterate the minds of fervent MAGA supporters. In its wake, it will implant false memories, transforming these loyalists into liberal ideologues living within a fabricated reality. The need for FEMA reeducation camps, once deemed essential, will vanish into oblivion.

    This sinister machinery, camouflaged as a technological breakthrough aimed at combatting neurological illnesses such as ADHD and schizophrenia, and other mental disorders like CRT and DEI now extends its capabilities to manipulate the very electrical impulses within the human brain. This technology heralds a new era in the manipulation of human cognition, akin to what biochemistry did for the human body. Yet, its concealed purpose goes far beyond benevolent intentions.

    The depths of this conspiracy sink even further as infrasound weapons are deployed, with unwitting American citizens serving as guinea pigs in sinister experiments conducted in Havana, Washington, D.C., and other shadowy locations. The victims describe harrowing symptoms, including hearing loss, memory erosion, and unrelenting nausea.

    But the question remains: where does this nefarious cabal procure the funds to fuel such a malevolent program? The answer lies hidden within the corridors of power, where patriots seek to slash investments in the National Institutes of Health (NIH). Their ultimate aim: to prevent this cabal from conducting dangerous gain-of-function research, all while Anthony Fauci plays a shadowy role in this unfolding drama.

    And so, the true motives behind the Freedom Caucus’s push to shut down the government begin to emerge from the shadows, as they seek to unveil the dark secrets concealed within this sprawling conspiracy.

    HerE iz a Cat. His name is Puppy.

  3. Avatar for jmacaz jmacaz says:

    The GOP-controlled House left town yesterday

    PFFT… From what I can tell, they never arrived in town.

  4. Avatar for docd docd says:

    It couldn’t have been easy getting all those GOPers into the same little car.

  5. When shutdown occurs, here’s to hoping the House Democrats can keep their messaging consistent and concise. Not always their best skill.

    Number of times the Democrats shut down the government? Let people know.

    Good morning from Harley!

Continue the discussion at forums.talkingpointsmemo.com

706 more replies

Participants

Avatar for austin_dave Avatar for josephebacon Avatar for mondfledermaus Avatar for steviedee111 Avatar for inversion Avatar for arrendis Avatar for ralph_vonholst Avatar for lastroth Avatar for stradivarius50t3 Avatar for mrf Avatar for fiftygigs Avatar for darrtown Avatar for pshah Avatar for thunderclapnewman Avatar for southerndem Avatar for tsp Avatar for castor_troy Avatar for katscherger Avatar for justruss Avatar for evave2 Avatar for bcgister Avatar for jwbuho Avatar for eaharrison Avatar for dicktater

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Associate Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: