I really don’t comprehend how this can happen with someone like Justice Clarence Thomas. Donald Trump, sure. But Thomas is smarter than this.
Between 2003 and 2007, Ginni Thomas, the Justice’s controversial wife and a hard-Right activist, earned $686,589 from the Heritage Foundation, according to a Common Cause review of the foundation’s IRS records. Yet Justice Thomas failed to note the income in his Supreme Court financial disclosure forms for those years. He checked a box labeled “none” where “spousal non-investment income” is supposed to be disclosed.
Federal judges are bound by law to disclose the source of spousal income, meaning that if the information found by Common Cause is accurate, Thomas did not comply with the law. SCOTUS justices are supposed to obey the law, even more than everybody else, in some respects. Legal ethics expert Steven Lubet (I used his legal ethics textbook when I taught the subject at American University!) says that a failure to disclose spousal income by a federal judge “is not a crime of any sort, but there is a potential civil penalty” for it. “I am not aware of a single case of a judge being penalized simply for this,” the professor says.
Ethics Alarms 