Two Democratic lawmakers in Congress, Senator Sheldon Whitehouse and Representative Hank Johnson, are pushing for more transparency in the U.S. judiciary’s rules on disclosing travel-related gifts. They have raised concerns about the recently implemented financial disclosure policy, which they believe falls short in addressing past omissions.
Lawmakers Question Limited Scope of New Policy
In a letter released on Thursday, Whitehouse and Johnson addressed U.S. District Judge Robert Conrad, who directs the Administrative Office of the U.S. Courts. The lawmakers criticized the new policy, which requires federal judges and Supreme Court justices to correct errors in financial disclosure reports from the past six years—yet excludes unreported travel-related gifts before 2022.
The policy, unveiled in a Dec. 18 report summarizing the Judicial Conference’s September meeting, follows regulations adopted in March 2023. These regulations clarified that gifts of transportation, such as private jet flights, cannot qualify as “personal hospitality” exempt from disclosure. However, the Judicial Conference’s Committee on Financial Disclosure justified its decision not to require amendments for pre-2022 reports by citing “confusion arising from past guidance.”
Whitehouse and Johnson rejected this rationale. They argued that the Ethics in Government Act of 1978 already mandated such disclosures, as the law explicitly limits the personal hospitality exemption to food, lodging, and entertainment—not transportation.
Push for Transparency Amid Growing Scrutiny
The call for stricter transparency comes in the wake of revelations about Justice Clarence Thomas. Reports from ProPublica exposed his failure to disclose luxury travel gifts from Harlan Crow, a wealthy Republican donor and businessman. Thomas defended his actions by stating he had been advised the gifts qualified as exempt personal hospitality. However, he pledged to disclose such gifts starting with his 2022 annual report, filed in August 2023.
Whitehouse and Johnson emphasized that allowing omissions from 2018 to 2021 to go unaddressed undermines accountability. “The policy seems to acknowledge that the Ethics in Government Act always required disclosure of gifts of transportation,” they stated, further questioning why the judiciary would excuse non-compliance during those years.
Lawmakers Demand Policy Details
The lawmakers pressed for more details about the new policy, which remains inaccessible to the public. They stressed the importance of holding judges and justices accountable to ensure compliance with disclosure laws.
Despite these concerns, the Administrative Office of the U.S. Courts has declined to comment. The push for answers reflects a broader effort to bolster transparency and uphold public trust in the judiciary.
