Sexual Harrassment

Abe Fortas Resigned In 1969 From Supreme Court, And Clarence Thomas Needs To Do Same In 2023!

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In 1969, Associate Justice Abe Fortas, appointed to the Supreme Court in 1965 by his “good friend”, President Lyndon B. Johnson, resigned, due to an ethics scandal, and accusations that he was too partisan and close to his long time friend.

Fortas had been nominated to replace Chief Justice Earl Warren, but members of his own Democratic Party, as well as opposition Republicans, negated that, and under fire, Fortas retired from the Court after less than four years of service.

Now, 54 years later, we have Associate Justice Clarence Thomas, appointed by President George H. W. Bush in 1991 to replace retiring Associate Justice Thurgood Marshall, under fire for much greater ethics violations, with calls for his resignation or impeachment after 32 years on the Supreme Court.

Thomas’s wife, Ginni Thomas, was involved in the promotion of opposition to the counting of the Electoral College votes in the Presidential Election of 2020, and Thomas himself was willing to work to prevent the confirmation of Joe Biden as the winner of the Presidency.

Additionally, Thomas has not reported income and real estate dealings with powerful and wealthy right wing promoters, including Harlan Crow, and clearly, Thomas is the most right wing extremist member of the Court, more so in many respects than former Associate Justice Antonin Scalia.

Thomas has a “chip on his shoulder”, since the investigation of sexual harrassment against Anita Hill complicated his nomination to the Court in 1991, with the vote for his confirmation being the closest in the 20th century by the US Senate.

He made the statement that he would stay on the Court to double his age at the time, 43, to “confound the damn liberals”, so he was already in 1991 ill qualified to sit on the Court with such a biased view of his role!

It is time after nearly 32 years, and 12th longest service on the Court, for Thomas to leave the Court, which he has stained with his corruption from his nomination until today’s controversies!

Supreme Court Once Again Stands Up To Presidential Assertion Of Executive Privilege, And Limits It!

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The Supreme Court of the United States for the third time in 48 years has stood up to a President who asserted “Executive Privilege”, and was smacked down by a court including members appointed by the President who was involved in the Court case.

First, we had US V Nixon in July 1974, having to do with Richard Nixon and the Watergate tapes, which the Court unanimously, 8-0, ordered them handed over to the Watergate Special Prosecutor and the House Judiciary Committee. This led within weeks to the resignation of Richard Nixon. Associate Justice William Rehnquist recused himself from the case, appropriately, as he had worked earlier in the Nixon Justice Department, but the other three Nixon appointees, Chief Justice Warren Burger, and Associate Justices Harry Blackmun and Lewis Powell, joined the unanimous decision.

Next, we had Clinton V Jones, 1997, which involved the issue of whether Bill Clinton could be required to testify in a civil trial while in office, a case brought by Paula Jones against Governor Clinton for sexual harrassment. The Court unanimously, 9-0, including his two appointees, Ruth Bader Ginsburg and Stephen Breyer, ruled that he had to give testimony, and this helped to lead to his impeachment in 1998. So there was no immunity from civil law litigation for acts done before taking office, and unrelated to the office.

And now, we have Trump V Thompson, a lawsuit brought by Donald Trump against the January 6 House Committee investigation of the January 6, 2021 Insurrection, in the name of Chairman Bennie Thompson. So documents to show the series of events leading to the Insurrection are now to be made available to the House committee, as it investigates the wrong doing of the 45th President. This is a major victory, and all three Trump Supreme Court nominees—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—voted with the majority 8-1, with only Clarence Thomas in oppostion.

This is a conflict of interest by Thomas, who should have recused himself, as William Rehnquist did in the Nixon case. Since Thomas’s wife was involved in the planning of the January 6 Insurrection, encouraging lawlessness, this should be grounds for removal of Clarence Thomas from the Supreme Court, highly unlikely, but would be appropriate!

US V Nixon; Clinton V Jones; And Now Trump Lawsuit Against January 6 Committee Appeal To Supreme Court!

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The Supreme Court has come out with two decisions in the past half century that made it clear of the limits of Presidential power!

In 1974, in US V Nixon, the Supreme Court, including three appointees of President Richard Nixon, unanimously by an 8-0 vote, declared that Nixon had to hand over the Watergate tapes to the Special Prosecutor, leading to the resignation of Nixon from the Presidency within weeks!

In 1997, in Clinton V Jones, the Supreme Court, including two appointees of President Bill Clinton, unanimously by a 9-0 vote, declared that a President had no immunity from civil law litigation in federal court for acts done before taking office. This case involved the sexual harrassment charge brought by Paula Jones against Governor Bill Clinton

Clinton’s evasiveness in testifying in court about Paula Jones led to the Monica Lewinsky scandal, and charges of perjury and obstruction of justice, and his impeachment by the House of Representatives in 1998, although found not guilty by the Senate in the impeachment trial in 1999.

Now, Donald Trump wants “executive privilege” to be in effect to prevent evidence in White House records of what he was doing on January 6, 2021 involving the Capitol Hill Insurrection, to be presented to the January 6 House Committee, investigating the events of that day. President Joe Biden has authorized waiver of such privileges, since Trump is a former President.

Despite having three Trump appointments to the Supreme Court, the strong likelihood is that the Court will, unanimously, reject such arguments, as earlier Courts did involving Richard Nixon and Bill Clinton.

If such does not happen, which seems like a long shot, then the Court will have besmirched its reputation for the long term, and the reputation of Chief Justice John Roberts will be damaged forever.

And that will promote the likelihood of attempts to add four new members to a Court which will be the most condemned and pilloried since the time of Chief Justice Roger Taney during the Civil War!