Senate Judiciary scraps one subpoena after cooperation, will vote Thursday on Crow and Leo

Nov 08, 2023

The Senate Judiciary Committee is scrapping its effort to subpoena Robin Arkley II, a wealthy GOP donor, after he cooperated with the panel’s investigation into Supreme Court ethics.

“Mr. Arkley provided information responsive to the Committee’s requests. Given his cooperation, I’ve decided that voting to authorize a subpoena to Mr. Arkley is not necessary at this time,” Judiciary Chair Dick Durbin said in a statement Wednesday.

Arkley only provided the panel with information under the subpoena threat.

Still on the agenda: The Judiciary Committee is still set to vote Thursday on subpoenas for conservative judicial activist Leonard Leo and Texas billionaire Harlan Crow.

All three have been linked to funding lavish gifts, real estate deals and luxury travel for conservative justices on the court. Lawmakers already sought an itemized list of gifts and a full accounting of lodging and transport that Crow has provided to Justice Clarence Thomas and his wife, Ginni Thomas.

“Leonard Leo has refused to cooperate in any way. Harlan Crow claimed he was willing to cooperate, but ultimately made only a limited and insufficient offer,” Durbin said.

The panel has been investigating how undisclosed gifts and personal ties to justices may have given access to individuals and groups with business before the court.

“The Senate and the American people deserve to know the full extent of how billionaires and activists with interests before the Court use their immense wealth to buy private access to the justices,” Durbin said. “That is why, tomorrow, the Judiciary Committee will vote to authorize subpoenas to Harlan Crow and Leonard Leo. The highest court in the land cannot have the lowest ethical standards.”

Republicans do not have the votes to block the subpoenas in committee.

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