Senate Democrats continue to throw a tantrum over what they complain are ethical concerns to do with the U.S. Supreme Court's ethical standards, even as the attorney for a figure at the center of it all has offered to meet with staff members of the Senate Judiciary Committee, chaired by Sen. Dick Durbin (D-IL).
Michael Bopp, the attorney for Harlan Crow, sent a letter to Durbin offering to meet with the committee's staff members. "We respect the Senate Judiciary Committee’s important role in formulating legislation concerning our federal courts system, and would welcome a discussion with your staff," Bopp told Durbin late on Monday, as CNN reported. Crow is friends with Justice Clarence Thomas, and their relationship has come under scrutiny in a heavily criticized report from ProPublica, part of an obsession that the mainstream media has with the Court's conservative members.
Bopp's letter comes after Crow had refused to meet with the Judiciary Committee, just as Chief Justice John Roberts did when Durbin invited him in late April, hoping he would appear on May 2.
Durbin was less than thrilled with Bopp's response. Over a lengthy thread, the committee's Twitter account shared a statement from Durbin and Sen. Sheldon Whitehouse (D-RI), who is also on the committee and chairs the the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights.
The statement indicated that "all options are on the table moving forward," which could mean a subpoena.
Harlan Crow’s lawyer sent an unwarranted refusal to cooperate with legitimate requests for information from our committee.@SenatorDurbin and @SenWhitehouse make it clear: “all options are on the table moving forward.”
— Senate Judiciary Committee (@JudiciaryDems) June 6, 2023
If the Court won’t deliver ethics reform, Congress must. ⬇️
Let’s be clear: Harlan Crow doesn’t call the shots here.
— Senate Judiciary Committee (@JudiciaryDems) June 6, 2023
He is not a branch – nor even a member – of government and cannot claim the protections and privileges of one.
The Senate Judiciary Committee has clearly established oversight and legislative authority to assess and address the ethical crisis facing the Court.
— Senate Judiciary Committee (@JudiciaryDems) June 6, 2023
All options are on the table moving forward.
If the Court won’t act, Congress must.
— Senate Judiciary Committee (@JudiciaryDems) June 6, 2023
The highest court in the land shouldn’t have the lowest ethical standards.
For good measure, Durbin also retweeted the thread from his official account.
Let’s be clear: Harlan Crow doesn’t call the shots here.
— Senator Dick Durbin (@SenatorDurbin) June 6, 2023
The highest court in the land shouldn’t have the lowest ethical standards. https://t.co/8vOAVvjbim
Durbin also called out Crow from the Senate floor, where he said Crow "has based this refusal on a dangerous, undemocratic argument that information requests of him about these gifts infringe on the separation of powers between Congress and the Court," an argument which he called "baseless."
As Durbin also said about Crow, "if you check with your lawyers, they will inform you that you are not a branch of government. You are a private citizen. You cannot declare that you're standing up for the Supreme Court and refuse to cooperate with Congress, and that's exactly what he is doing," as he went on to say that "the Senate Judiciary Committee has clearly established authority to conduct oversight over" what he called "the ethical crisis of the Court's own making and to legislate as needed to address it."
Once more, Durbin emphasized that "all options are on the table to acquire information."
Ed Morrisey, of our sister site HotAir, called out a particular part of Durbin's remarks.
This is the point. BECAUSE Harlan Crow is not an official in the judiciary nor the executive branches, Congress does not have oversight authority over him. His friendships are literally none of their business. https://t.co/OGW3axQ3aL
— Ed Morrissey (@EdMorrissey) June 6, 2023
Durbin and Whitehouse aren't the only Democrats issuing such warnings to the Court, though. As that CNN report also indicated, Sen. Ron Wyden (D-OR) mentioned in even more clear terms the idea of a subpoena.
Wyden has started "productive discussions" on the next steps to get answers form Crow, "including by subpoena." CNN notes that this is "the first time Wyden has said specifically that a subpoena is under consideration."
After all that complaining, though, Durbin indicated from the Senate floor that he is looking forward to meeting with Bopp after all. "I’m not going to turn it down," he said about the offer. "We are going to meet with him, if he wishes to, to discuss this further."
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