Leonard Leo of the Federalist Society rejects Senate Democrats’ SCOTUS records plea.
Conservative Legal Activist Leonard Leo Refuses to Disclose Details on Supreme Court Justices
Conservative legal activist Leonard Leo has declined to provide information regarding any travel, gifts, or payments involving Supreme Court justices. Instead, he has criticized the request from Senate Judiciary Committee Democrats as “political retaliation.”
Leo was given a Tuesday deadline to submit documents to Democratic Senators Sheldon Whitehouse and Dick Durbin regarding any financial relationships he may have had with justices. However, Leo’s legal counsel argued that the committee’s inquiry goes beyond constitutional limits and is an attempt to vilify him for his lawful public advocacy.
“Your investigation of Mr. Leo infringes two provisions of the Bill of Rights,” an attorney for Leo wrote in a letter to Whitehouse and Durbin.
Whitehouse and Durbin had previously sent a letter to Leo and billionaires Paul Singer and Robin Arkley II, requesting information related to a ProPublica report that Justice Samuel Alito had accepted a luxury fishing trip in 2008 without disclosing it. Leo was allegedly involved in organizing the trip.
The lawmakers demanded an itemized list of gifts and payments from Leo or associated groups, dating back several years and involving any Supreme Court justices he is associated with.
Creating Reliable Ethics Guardrails
In a joint statement on July 12, Whitehouse and Durbin expressed their concerns about the ethics crises surrounding the Supreme Court and the lack of action from Chief Justice Roberts. They emphasized the need for Congress to investigate and create reliable ethics guardrails at the Court.
An attorney for Leo, who is co-chairman of the Federalist Society, argued that the request is a form of political retaliation and violates the First Amendment. The attorney also pointed out that the investigation lacks a valid legislative purpose and highlighted examples of Democratic-appointed justices accepting lavish trips and funds from undisclosed donors.
“It’s hard to conclude that the disparate treatment to which Mr. Leo is being subjected is the result of anything other than sheer vindictiveness motivated by politics,” the attorney wrote.
The Federalist Society has faced criticism from liberals for its involvement in advising former President Donald Trump’s nominations of Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.
ProPublica’s reporting on the justices began earlier this year with the revelation that Justice Clarence Thomas had failed to disclose multiple trips financed by wealthy GOP megadonor Harlan Crow.
Despite the controversy, Leo and Alito have defended themselves against the allegations, with Leo stating that the fishing trip was not meant to be kept secret.
The allegations of impropriety within the Supreme Court have led to new litigation from Whitehouse, aiming to create a binding code of ethics. However, the bill is unlikely to become law due to the Republican majority in the House.
The Washington Examiner has reached out to Durbin and Whitehouse for a response.
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