Calling Clarence Thomas to testify to take things to DefConOne

Supreme Court Justice Clarence Thomas is facing calls to testify about his relationship with GOP megadonor Harlan Crow — but legal and ethics experts believe such calls could ignite a “DEFCON one” impasse between the judicial branch.

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From the New York Times editorial board to progressive advocacy groups like Common Cause, calls are emerging for Thomas to testify about undisclosed trips on the dime of Dallas-based real estate developer Crow. Meanwhile, Senate Judiciary Chairman Dick Durbin (D-IL) and other Democrats on the committee suggest Chief Justice John Roberts should address the conduct outlined in two ProPublica reports that the justice didn’t disclose luxury trips and a real estate transaction with the Republican donor.

Durbin vowed the committee would plan a hearing “regarding the need to restore confidence in the Supreme Court’s ethical standards” and has asked Roberts to conduct an investigation due to potentially thorny separation of powers issues. “And if the Court does not resolve this issue on its own, the Committee will consider legislation to resolve it,” he added.

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