Conservative activist Leonard Leo has been subpoenaed by the Senate Judiciary Committee, which he has called politically motivated and unlawful. Leo, a long-time member of the Federalist Society, has faced scrutiny due to his involvement in advising former President Donald Trump on the nominations of Supreme Court Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. The Senate Democrats are investigating Supreme Court ethics, particularly focusing on Leo’s interactions with justices and his association with gifts or payments dating back decades. Leo’s lawyer has stated that he will not comply with the subpoena, citing the politically charged nature of the investigation.
The senators’ demands for information regarding Leo’s interactions with Supreme Court justices stem from ProPublica’s reporting on the travel habits of Justices Thomas and Alito. Conservative critics have pointed out that many experts cited in the reports have undisclosed ties to Democratic causes. The committee has also authorized a potential subpoena for GOP donor Harlan Crow for gifts he gave to Justice Thomas. Leo and his legal team have pushed back against the investigation, arguing that similar trips taken by justices with different political views have not resulted in inquiries from the committee. The Senator is now moving forward with the compulsory process to enforce the subpoena against Leo.
Leo’s defiance towards the subpoena prompted the Senate Judiciary Committee to issue the compulsory order. The committee accuses Leo of playing a central role in an ethics crisis plaguing the Supreme Court and failing to cooperate with legitimate oversight requests. Leo’s legal team contends that the investigation is politically motivated and selective, targeting him while ignoring other sources of information with different political views. Leo’s lawyer argues that the inquiry is a form of political retaliation against a private citizen, violating the First Amendment. The committee has stated that Leo’s actions have left them with no choice but to move forward with the subpoena process.
Conservatives have criticized ProPublica for being primarily funded by organizations and donors supporting liberal causes, including initiatives to pack the court and remove conservative justices. Justice Alito defended himself against ProPublica’s reporting on his travel, and Leo dismissed claims that the controversial fishing trip was kept secret. Leo’s lawyer has emphasized the issue of political retaliation and selective targeting, highlighting the lack of inquiries into trips taken by other justices with different political views. The Senate Judiciary Committee views Leo’s noncompliance as the reason for issuing the subpoena and has reiterated its commitment to establishing an effective code of conduct for the Supreme Court.
Despite Leo’s refusal to obey the subpoena, the Senate has options available to enforce the order in case of noncompliance. The senator emphasizes the gravity of a congressional subpoena and indicates that there are mechanisms in place to ensure Leo’s cooperation. The White House has not responded to requests for comment on the matter. In response to pressure from the Senate Judiciary Committee and others, the Supreme Court adopted a modified ethics code in November. The ongoing investigation into Supreme Court ethics, Leo’s involvement, and the compulsory subpoena highlight the contentious relationship between Senate Democrats and conservative activists regarding the judiciary’s transparency and accountability.
