Violent Insurrection at the Capitol

In recent years, Democrats have been trying to impose stronger ethics standards on the Justices—a response, in part, to what Justice Sonia Sotomayor has described as the “stench” of partisanship on the Court. In 2016, Republicans in Congress, in an unprecedented act, refused to let President Barack Obama fill a vacancy on the Court. Trump subsequently pushed through the appointment of three hard-line conservative Justices. Last summer, Democrats in Congress introduced a bill that would require the Judicial Conference of the United States to create a binding code of conduct for members of the Supreme Court. They also proposed legislation that would require more disclosures about the financial backers behind amicus briefs—arguments submitted by “friends of the court” who are supporting one side in a case.

So far, these proposals haven’t gone anywhere, but Gillers notes that there are extant laws circumscribing the ethical behavior of all federal judges, including the Justices. Arguably, Clarence Thomas has edged unusually close to testing them. All judges, even those on the Court, are required to recuse themselves from any case in which their spouse is “a party to the proceeding” or is “an officer, director, or trustee” of an organization that is a party to a case. Ginni Thomas has not been a named party in any case on the Court’s docket; nor is she litigating in any such case. But she has held leadership positions at conservative pressure groups that have either been involved in cases before the Court or have had members engaged in such cases. In 2019, she announced a political project called Crowdsourcers, and said that one of her four partners would be the founder of Project Veritas, James O’Keefe. Project Veritas tries to embarrass progressives by making secret videos of them, and last year petitioned the Court to enjoin Massachusetts from enforcing a state law that bans the surreptitious taping of public officials. Another partner in Crowdsourcers, Ginni Thomas said in her announcement, was Cleta Mitchell, the chairman of the Public Interest Legal Foundation, a conservative election-law nonprofit. It, too, has had business before the Court, filing amicus briefs in cases centering on the democratic process. Thomas also currently serves on the advisory board of the National Association of Scholars, a group promoting conservative values in academia, which has filed an amicus brief before the Court in a potentially groundbreaking affirmative-action lawsuit against Harvard. And, though nobody knew it at the time, Ginni Thomas was an undisclosed paid consultant at the conservative pressure group the Center for Security Policy, when its founder, Frank Gaffney, submitted an amicus brief to the Court supporting Trump’s Muslim travel ban…

When Clarence Thomas met Ginni Lamp, in 1986, he was an ambitious Black conservative in charge of the U.S. Equal Employment Opportunity Commission—and she was even more conservative and better connected than he was. Her father ran a firm that developed housing in and around Omaha, and her parents were Party activists who had formed the backbone of Barry Goldwater’s campaign in Nebraska. The writer Kurt Andersen, who grew up across the street from the family, recalls, “Her parents were the roots of the modern, crazy Republican Party. My parents were Goldwater Republicans, but even they thought the Lamp family was nuts.” Ginni graduated from Creighton University, in Omaha, and then attended law school there. Her parents helped get her a job with a local Republican candidate for Congress, and when he won she followed him to Washington. But, after reportedly flunking the bar exam, she fell in with a cultish self-help group, Lifespring, whose members were encouraged to strip naked and mock one another’s body fat. She eventually broke away, and began working for the Chamber of Commerce, opposing “comparable worth” pay for women. She and Thomas began dating, and in 1987 they married. As a woman clashing with the women’s movement, she had found much in common with Thomas, who opposed causes supported by many Black Americans. At Thomas’s extraordinarily contentious Supreme Court confirmation hearings, in 1991, Anita Hill credibly accused him of having sexually harassed her when she was working at the E.E.O.C. Ginni Thomas later likened the experience to being stuck inside a scalding furnace. Even before then, a friend told the Washington Post, the couple was so bonded that “the one person [Clarence] really listens to is Virginia.”…

The Justice Department has so far charged more than seven hundred people in connection with the insurrection, and Attorney General Merrick Garland has said that the federal government will prosecute people “at any level” who may have instigated the riots—perhaps even Trump. On January 19th, the Supreme Court rejected the former President’s request that it intervene to stop the congressional committee from accessing his records. Justice Thomas was the lone Justice to dissent. (Meadows had filed an amicus brief in support of Trump.) Ginni Thomas, meanwhile, has denounced the very legitimacy of the congressional committee. On December 15th, she and sixty-two other prominent conservatives signed an open letter to Kevin McCarthy, the House Minority Leader, demanding that the House Republican Conference excommunicate Representatives Liz Cheney and Adam Kinzinger for their “egregious” willingness to serve on the committee. The statement was issued by an advocacy group called the Conservative Action Project, of which Ginni Thomas has described herself as an “active” member. The group’s statement excoriated the congressional investigation as a “partisan political persecution” of “private citizens who have done nothing wrong,” and accused the committee of serving “improperly issued subpoenas.”

A current member of the Conservative Action Project told me that Ginni Thomas is part of the group not because of her qualifications but “because she’s married to Clarence.” The member asked to have his name withheld because, he said, Ginni is “volatile” and becomes “edgy” when challenged. He added, “The best word to describe her is ‘tribal.’ You’re either part of her group or you’re the enemy.”…

Another organizer of the January 6th uprising who has been subpoenaed by the congressional committee, Ali Alexander, also has long-standing ties to Ginni Thomas. Like Fletcher, Alexander spoke at a rally in Washington the night before the riot, leading a chant of “Victory or death!” A decade ago, Alexander was a participant in Groundswell, a secretive, invitation-only network that, among other things, coördinated with hard-right congressional aides, journalists, and pressure groups to launch attacks against Obama and against less conservative Republicans. As recently as 2019, Ginni Thomas described herself as the chairman of Groundswell, which, according to documents first published by Mother Jones, sees itself as waging “a 30 front war seeking to fundamentally transform the nation.” As Karoli Kuns, of the media watchdog Crooks and Liars, has noted, several Groundswell members—including Steve Bannon and Sebastian Gorka, the fringe foreign-policy analyst—went on to form the far-right flank of the Trump Administration. (Both Bannon and Gorka were eventually pushed out.) According to Ginni Thomas’s biography in the Council for National Policy’s membership book, she remains active in Groundswell. A former participant told me that Thomas chairs weekly meetings…

Ginni Thomas rarely speaks to mainstream reporters, but she often gives speeches in private forums. The Web site of the watchdog Documented has posted a video of her speaking with striking candor. In October, 2018, she led a panel discussion during a confidential session of the Council for National Policy. At the time, the Senate was caught up in the fight over the confirmation of Brett Kavanaugh, who had been accused of sexual assault. “I’m feeling the pain—Clarence is feeling the pain—of going through false charges against a good man,” she said. “I thought it couldn’t get worse than Clarence’s, but it did.” America, she said, “is in a vicious battle for its founding principles,” adding, “The deep state is serious, and it’s resisting President Trump.” She declared twice that her adversaries were trying “to kill people,” and drew applause by saying, “May we all have guns and concealed carry to handle what’s coming!”