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Tipsheet

Law Professor Throws Cold Water on the Left's Clarence Thomas Impeachment Frenzy

AP Photo/Patrick Semansky

The Left hates conservative black men. The Left hates conservative women probably even more. You wander off the plantation—and you’re finished. Cancel Culture is most present among liberal circles, but that’s another story. Justice Clarence Thomas is back in the news again because his wife, Ginni, sent some texts about the 2020 election. Thomas was recently hospitalized for an infection and flu-like symptoms but is on the mend. This was of great disappointment to liberal America who was hoping that black justice would die.

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Yes, Ginni Thomas sent some texts. So what? Do Democrats even know how much inside the beltway they sound when they bring this up? Who cares or even knows the spouses of Supreme Court justices? Who knows their names or how many of them serve on the Court? This is true in the weeds stuff. Yet, even for voters who do know all the above, it still doesn’t negate the fact that this really doesn’t matter. If this is the new standard for conflict of interest, then almost every media news figure, some of the most beloved on the Left, would have to resign. How many of them are married to network executives or top political operatives? It’s a lot. 

Justice Thomas' wife urged then-White House Chief of Staff Mark Meadows to continue efforts to overturn the results of the 2020 election. That’s how the liberal media will frame it. At the time, you could easily see how one would view all the funny business and suggest that the Trump White House and others do all that they can to sift through the details of the controversial voter dumps in key swing states. Is this an impeachable offense for Justice Thomas? No—not even close. Lawyer and George Washington University Law School professor Jonathan Turley has more:

It is often said that “if the only tool you have is a hammer, every problem looks like a nail.” In modern American politics, it often seems like the only tool is impeachment and every controversy instantly becomes a high crime and misdemeanor. Donald Trump was impeached not once but twice. Not long after Justice Brett Kavanaugh was confirmed, Democrats like then-Sen. Kamala Harris and Sen. Elizabeth Warren demanded his impeachment.  Others demanded the impeachment of Attorney General Bill Barr and cabinet members.

Associate Justice Clarence Thomas is only the latest addition to that ever-lengthening list. In reality, the calls for his impeachment are entirely disconnected from any constitutional or logical foundation. Rather, the Thomas controversy shows how the impeachment mantra has become a raging impeachment addiction.

Rep. IIhan Omar (D., Minn.) was the first member of Congress to call for Thomas to be impeached when it was revealed that the Jan. 6th Commission found 29 messages of his wife, Ginni, to the White House. MSNBC’s Mehdi Hasan echoed the call for impeachment as did former Sen. Barbara Boxer and others.

A well-known Republican activist and Trump supporter, Thomas encouraged then-White House chief of staff Mark Meadows to pursue legal and legislative challenges to what she viewed as a stolen election.

She was not alone. Millions of Republicans believed that the election was rigged and many still do. The reason that Ginni Thomas’ messages were seized is not because she was a key figure in the investigation but that the Commission has demanded any messages that deal with such challenges or the rally — a scope that has been criticized as overbroad. Congress then leaked the messages and the media did the rest.

There is no evidence that Ginni Thomas ever encouraged violence or was even present at the Capitol during the riot.

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Turley dissects every liberal argument and leaves it disemboweled and bloody on the floor. First, in 2005, then-Sen. Boxer (D-CA) tried to challenge the 2004 election results by saying it was stolen. Second, the focus for the impeachment fever is that Thomas violated the Code of Judicial Conduct when he dissented on the legal action from the January 6 Select Committee where they forced the Trump team to turn over all electronic communications in 2021; Trump filed a lawsuit to block their release. While Turley says that he wants that code to be applied to Supreme Court justices, they have long held the standard does not apply to them, citing the lack of a congressional mandate which is true. As of now, the main crux of the liberal argument for Thomas’ impeachment, aside from the obvious partisan reasoning, is a Code that is viewed as merely discretionary by the Court and Congress when applied to the justices.  Third, Turley notes that there’s nothing illegal about these text messages. 

It’s a lengthy post that you should read but it’s painfully obvious that the Left has no case. This is also softball compared to the other attempt by the Left to derail Justice Thomas. He can deal—and so can his wife. Thomas is here to stay. You can yell all you want in the liberal media echo chamber. He has a life appointment. It’s over. And we all know why you want his seat vacant. Impeachment is now part of the political arsenal. The Left made it so. I wish I could say we should not be like the Left and win that way, but we can’t. 

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We should be prepared to use it for our purposes as well. We didn’t open this pandora’s box—and as you know we get zero brownie points for being ‘the better person.’ I don’t care about that. I care about winning at all costs. The person who beats the other side to a pulp—figuratively speaking—wins. 

No doubt there is a danger regarding shifting majorities, professor, but that's the Democrats who set the rules. 

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