Sheldon Whitehouse Profile picture
Sep 11 8 tweets 1 min read Twitter logo Read on Twitter
I’m amazed that more observers have not made the connection between the recent Alito scandals.

Scandal One was Alito receiving undisclosed gifts of travel and entertainment from a right-wing billionaire whose firm has had cases before the Court.
Scandal Two was Alito offering (on the WSJ editorial page) his opinion on a legal matter that may come before the Court. How do the two connect?
First, the WSJ “interviewer” was a lawyer opposing Senate Judiciary requests for information about the gifts to Alito.
Second, the lawyer/interviewer’s argument against our requests is the exact legal proposition propped up by Alito in the interview.
Third, the client is Leonard Leo, who organized and joined the Singer-paid undisclosed vacation, and is Alito’s friend and ally.
That makes it look like Alito was put into service (Scandal One) to prop up the opposition to an investigation looking at (Scandal Two) gifts to Alito.
These facts cast doubt on Alito’s assertions that “There was nothing out of the ordinary about the interviews” and that Rivkin “participated … as a journalist, not an advocate.”
These are fact questions that bring us back to the core of the Court’s ethics problem: there is presently no mechanism there for fair or independent fact-finding.

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More from @SenWhitehouse

Sep 7
Justice Thomas’s additional disclosure filings, and the combative partisan lawyers’ letter that accompanied the filing, raise two major unanswered issues:
One is why things that we know Thomas received were not disclosed in amendments to the relevant years’ filings. The lawyers assert that there was a recent change in the rules, suggesting that Thomas’s filings before the change were compliant at the time and require no amendment.
But it’s not that simple. There is law on when a rule is clarified versus changed or revised. Clarifications are retroactive, and would require amending previous filings. The lawyers’ combative letter does not address this issue, it just says that there was a change.
Read 16 tweets
Aug 31
Buried in Thomas’s lawyers’ overheated partisan rhetoric lie two key assertions: one, that “new guidance … revised reporting requirements”; and two, that his failures weren’t “willful.”
These are highly contestable and significant, but largely unsupported, assertions. They matter.
First, the assertion that reporting requirements were “revised” excuses prior misconduct. It’s more likely that the reporting requirements were explained, not revised, and were always thus. In fact, the Conference’s letter to me said that the new guidance “clarifies” the rules.
Read 14 tweets
Aug 31
Here’s how you corrupt a country using the Supreme Court: first — obviously — you get a bunch of your friends on to the Supreme Court (whole separate scheme how that was done).
Then you get your friends on the Supreme Court to allow unlimited amounts of your special interest money into politics to buy unlimited political influence (Citizens United).
Then you make sure there is no enforcement of either the “transparency” or “independence” premises of Citizens United, so you can spend unlimited dark money and have back doors into candidates and campaigns.
Read 8 tweets
Aug 18
Oil industry attorneys argue that “lawsuits are a distraction and will do little to address climate change.”

Let’s look at a little history.
Just like the tobacco industry, the fossil fuel industry has engaged in a pattern of deliberate deceit and denial of the harms associated with its product. Even some of the same groups and industry hacks participated!
The Department of Justice brought a civil RICO case in the ‘90s against the tobacco industry, won a thumping victory, and obtained a court order saying, in a nutshell, “thou shalt lie no more.” (RIP Her Honor Judge Gladys Kessler.)
Read 7 tweets
Aug 10
Behaving like it’s a climate emergency is more important than declaring a climate emergency. Here’s my checklist:
1. Implement the IRA effectively. Seems to be going pretty well; Podesta knowledgeable and experienced; Zaidi working hard.

2. Crack down on the big methane leaks. Task force announced; pace and effectiveness TBD — but at least a start.
3. Social Cost of Carbon. On its way through APA process; needs to be applied government-wide by OMB. We await.

4. Carbon Border Tariff. No positive response yet to EU/CBAM; needs work, leadership and positivity. Who’s in charge?
Read 6 tweets
Aug 10
Coming up: the disclosure filing extensions for Justices Alito and Thomas end soon.

Why the extensions in the first place?

We’ll see soon, but here’s what ought to be happening:
One, they should be reviewing all the stuff they didn’t disclose over a long while. (They’ll be trying to get their stories straight on what must be disclosed — trouble will come if one discloses more than the other.)
Two, that includes how far they go back with their filing ‘clean-up on aisle 3.’ There’s a statute of limitations for criminal offenses like 18 USC 1001, but ethics, regulatory and civil requirements don’t expire.

Plus, the public deserves full disclosure, all the way back.
Read 8 tweets

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