Corruption in the Family

By now, you've no doubt heard about the ongoing corruption controversy regarding Justice Thomas failing to disclose numerous financial gifts from a billionaire conservative friend. To a large extent, the usual suspects are lining up to criticize Justice Thomas and the usual suspects are organizing to defend him. But I want to focus on one thing in particular, embodied by this tweet from former Thomas clerk and Notre Dame Law Professor Nicole Garnett.

I've known Justice Thomas for over 25 years. He is the rare person whose goodness matches his greatness. It breaks my heart that so many are willing to go so far to attack a good, and great, man for political gain.

— Nicole Garnett (@nsgarnett) April 13, 2023

I am sympathetic to Professor Garnett here. I truly am. I've often pondered how I would respond if a loved one -- a mentor, relative, parent, friend -- was credibly accused of corruption or some other dire crime. How would I handle it if the judge I clerked for, the late Diane E. Murphy, whom I absolutely adored, turned out to have accepted millions of dollars in "gifts" without proper disclosures?

Even in writing that sentence, I wanted to hasten to add "now, I could never imagine Judge Murphy doing such a thing." Which is true, I can't imagine it. Judge Murphy was an extraordinarily kind, generous, and humble person; universally respected by peers of all ideological persuasions. She was the furthest thing from a financial grandstander.

But that's just the thing: in most cases like this, the crime is unimaginable to the perpetrator's loved ones right up until it's revealed. It is a myth, I think, that most wrongs of this nature are only committed by persons whom, once the truth comes out, their closest relations will be like "you know what? He did seem the type." It's always going to be a shock to someone.

Be honest with yourself: when it comes to the people closest to you, would you actually know if they were doing something wrong akin to what Justice Thomas is accused of? "Know" not in the loose sense of "I know their character," but in the strong sense of "I'm familiar with their accounting practices"/"I've seen their disclosures"/"I know what's going in and out of their bank accounts"? We don't know. It would come as a shock. If you woke up tomorrow and your parent was arrested for skimming money from their job, you'd be blindsided, and not really because you have a blind spot as far as your parents are concerned. The truth is, you would have probably had no way of knowing what they were up to until the investigation actually broke. It really would be unfathomable, even were it true.

So I do sympathize with Professor Garnett. I don't think she's myopic in identifying Justice Thomas as a personally warm and generous human being (something I've heard from multiple sources). I don't think it is a function of self-delusion that she didn't see this coming.

But the fact is that, for essentially every scandal like this, the perpetrator has loved ones for whom the scandal comes as a terrible, unfathomable surprise. That doesn't mean it didn't happen. That doesn't mean it wasn't wrong. For the individuals affected, the dissonance between the person they know and the crime alleged is beyond abnormal, it is a terrible, almost irresolvable discordance. From the vantage of broader society, that discordance is utterly and mundanely normal -- it characterizes every single case.

And so ultimately, this response to Professor Garnett gets it exactly right:

Justice Thomas might possibly be — and we’ve heard this from multiple sources — the kindest, most generous justice on the Supreme Court.

That doesn’t change the fact he’s involved in a massive ethics scandal of his own making. https://t.co/eO6YYXWe7c

— Fix the Court (@FixTheCourt) April 14, 2023