House Committee investigates Ginni Thomas

For no legitimate reason

The January 6 committee has been investigating Ginni Thomas, wife of Justice Thomas. Now, it wants her to testify.

There is no legitimate reason to be investigating or taking testimony from Ginni Thomas. She says she’s is eager to appear before the Committee “to clear up misconceptions.” But Thomas’ willingness to testify, which may or may not work out well for her, should not obscure the Committee’s unprincipled overreach in bringing her into its investigation.

First, let’s do some disclosure. I know Ginni Thomas (and knowing her, I’m not surprised she wants to take on the Committee) and I like her. As for her efforts, post- Election Day, to prevent Joe Biden from taking office, I think they were badly misguided.

But these efforts should not be part of the House Committee’s investigation. There is no indication that Thomas did anything illegal or that she encouraged anyone to protest violently at the Capitol or anywhere else.

Furthermore, Thomas was acting as a private citizen. She wasn’t part of Donald Trump’s campaign team, his White House staff, or his train wreck team of outside legal advisers (led by Rudy Giuliani and John Eastman).

What did Ginni Thomas do to try to keep Trump in power? According to reports based on texts and emails uncovered by the committee, she pressed Mark Meadows to try to swing the election Trump’s way. In addition, she emailed more than two dozen Arizona lawmakers urging them to swing that state’s electoral votes to Trump. And apparently she corresponded with Eastman.

These actions violated no law. They encouraged no rioting. They were within her rights as an American citizen. John Eastman may have been far off base with his legal theories, but Thomas did nothing worthy of an investigation by encouraging him (if she did).

Many American citizens did the same kinds of things as Thomas. One member of the Arizona House told the Washington Post she received tens of thousands of emails telling her what she should do in the aftermath of the voting.

Why is the Committee investigating Thomas but not the many other Americans who lobbied anyone who might listen to them for the same outcome she sought?

The answer is obvious. The Committee wants to embarrass Justice Thomas. It wants to attack him for not recusing himself from a case this past January involving a request by Trump to block the release of certain records to the Committee. It wants to pressure him to recuse himself from any new cases related to January 6 and the Committee’s investigation.

As to Justice Thomas’ non-recusal in January, there is no reason to believe that, back then, he knew about his wife’s activism in support of keeping Trump in power. As to recusal generally, I’m no expert but it’s my understanding that the applicable statute doesn’t require it where a Justice’s spouse’s only interest in a case stems from her activism — as opposed to a financial interest or a connection to the case as a party or an attorney. But the fact that Ginni Thomas is now in the Committee’s crosshairs, and her husband knows it, could affect the recusal analysis, depending on the kind of January 6 case, if any, that lands at the Supreme Court.

If another January 6 related case comes before the Court, Justice Thomas will sort through the issue of recusal. I’m confident that, in doing so, he won’t be swayed by pressure generated by the January 6 Committee’s investigation of his wife.

However, I still find it indefensible that the Committee has dragged Ginni Thomas into its investigation for the obvious purpose of getting at Justice Thomas.