DOJ has “sufficient evidence” to probe Clarence Thomas — but Garland won’t go for it

A Justice Department probe of Supreme Court Justice Clarence Thomas could uncover whether the justice knowingly and willfully filed false financial disclosure statements or failed to pay taxes  on luxury gifts — despite Attorney General Merrick Garland‘s likely lack of political will to launch an investigation months before the November election, legal experts told Salon.

Sens. Sheldon Whitehouse, D-R.I., and Ron Wyden, D-Ore., earlier this week asked Garland to appoint a special counsel to determine whether Thomas violated several laws in his failure to disclose a forgiven loan and gifts he received from wealthy benefactors.

The Senate Finance Committee found that Thomas failed to disclose a forgiven loan of $267,230 that he used to purchase a luxury motorcoach.

“The question is, when you look at this, is there at least a reason to suspect that there was intentional failure to disclose gifts that the Justice was obligated to disclose?” Fordham School of Law professor Bruce Green said. “There’s obviously, you know, not a basis to indict him. There’s a basis to investigate.”

Thomas’s attorney — who told senators that “the terms of the agreement were satisfied”  when asked about the forgiven loan — and the Department of Justice did not immediately respond to requests for comment Thursday.

Green said he expects Garland will at least take Sens. Whitehouse and Wyden’s request seriously.

“But my guess is that at the end of the day, that Attorney General Garland will not appoint a special counsel to investigate before the election,” Green said. “We’re very close to an election where the Justice Department has been accused already of weaponizing criminal prosecution.”

Green said even if Garland launched an investigation now, it’s highly unlikely it would be completed before the election.

And if Trump wins, he’d likely shutter any probe.

New York University School of Law professor Stephen Gillers said there’s still reason for Garland to launch an investigation.

“It’s a bold move by the senators to request this,” Gillers said. “But it’s a perfectly plausible request, because there is sufficient evidence.”

And Gillers said a special counsel would be appropriate to provide independent oversight.

“The reason for having a special counsel in a situation like this is that special counsel has greater insulation from greater independence than a line prosecutor,” he said. “And the Attorney General might conclude that it would be awkward at best to have the solicitor…