https://www.wsj.com/articles/justice-thomas-and-the-plague-of-bad-reporting-propublica-washington-post-disclosure-court-safety-def0a6a7?mod=opinion_lead_pos5
By James Taranto
ProPublica’s big scoop turned out to be a quarter-teaspoon. In an error-filled report last week, the opinionated news site got one point right: Justice Clarence Thomas didn’t disclose the 2014 sale of his one-third interest in three Savannah, Ga., properties to a company controlled by his friend Harlan Crow. He was legally required to do so. On these pages, in an article published online Sunday, I observed that he may have to amend his financial-disclosure form for that year.
On Monday, “a source close to Thomas” told CNN that the justice would do so. “The source said . . . it was an oversight not to report the real estate transaction. Thomas believed he didn’t have to disclose because he lost money on the deal, according to the source.” It is the justice’s share of the sale price ($1,000 or more), not a profit, that triggers the statutory obligation to report.
How big a deal is it to amend a form after missing a disclosure? Consider these examples, which reader Darin Bartram dug up:
• Justice Ruth Bader Ginsburg’s 2012 disclosure amended her 2011 report, which “inadvertently omitted” the sale of shares in an exchange-traded fund that she had bought earlier the same year. “The Value Code should of [sic] been L and the Gain Code should of [sic] been A,” the amendment says.
• Ginsburg amended her 2017 disclosure to reflect that she had “inadvertently omitted” a gift of an opera costume worth $4,500.
• Justice Stephen Breyer reported in an amended 2018 disclosure that he had “inadvertently omitted” two stock sales by his wife, one in 2006 and one in 2018.
• In February 2022, three days after President Biden nominated her to the Supreme Court, Judge Ketanji Brown Jackson amended her 2020 disclosure to note that in various years between 2011 and 2021 she had “inadvertently omitted” travel reimbursements for two speaking trips, a university teaching salary, four nonprofit board memberships, her husband’s consulting income and a 529 college savings plan. No senator mentioned these omissions at her confirmation hearings.