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Leonard Leo won’t comply with Senate Democrats’ subpoena in Supreme Court ethics probe
Washington — Conservative judicial activist Leonard Leo said he will not comply with a subpoena issued by Democrats on the Senate Judiciary Committee as part of their ongoing investigation into ethics practices at the Supreme Court.
The subpoena was issued to Leo by Judiciary Committee Chairman Dick Durbin on Thursday, months after Democrats on the panel voted to authorize it. Durbin has been looking into ethics issues at the high court for roughly a year following a series of reports that revealed Justice Clarence Thomas took luxury trips with a Republican megadonor, Harlan Crow, and did not disclose them. Crow, a Texas real estate developer, did not receive a subpoena from Durbin, a spokesman for Crow said.
“Mr. Leo has played a central role in the ethics crisis plaguing the Supreme Court and, unlike the other recipients of information requests in this matter, he has done nothing but stonewall the committee,” Durbin said in a statement. “This subpoena is a direct result of Mr. Leo’s own actions and choices.”
Durbin, an Illinois Democrat, said that Leo’s “outright defiance left the Committee with no other choice but to move forward with compulsory process.”
Leo’s lawyer, David Rivkin, told Durbin in a letter Thursday that his client is not complying with the “unlawful and politically motivated subpoena” he received.
“I am not capitulating to his lawless support of Senator Sheldon Whitehouse and the left’s dark money effort to silence and cancel political opposition,” Leo, who has played a crucial role in the confirmations of several of the conservative Supreme Court justices, said in a statement. Leo is the co-chairman of the conservative Federalist Society.
A Judiciary Committee aide said that in the event of noncompliance, there are options available to the Senate to enforce the subpoena.
Senate Democrats’ investigation
Democrats on the panel voted in late November to approve the subpoenas to Leo and Crow, whose decades-long relationship with Thomas has come under scrutiny.
It’s unclear why the subpoena wasn’t issued to Leo until months after it was approved by all 11 Democrats on the Judiciary Committee.
Republicans have lambasted their Democratic colleagues for pursuing the demands for information, which they claimed was part of an effort to undermine the Supreme Court by targeting private citizens. GOP senators have also denounced Democrats’ investigation into ethics issues at the high court as an attack on the court’s integrity following blockbuster decisions on abortion, gun rights and affirmative action.
Democrats are seeking documents about gifts, trips and lodging provided to any member of the high court. Leo and Crow’s involvement in luxury trips provided to Thomas and Justice Samuel Alito were revealed last year.
The Judiciary Committee launched its probe in April 2023 following a series of reports from the investigative news outlet ProPublica that revealed trips Thomas took aboard Crow’s private plane and yacht, and luxury vacations the justice accepted from Crow over their 25-year friendship.
Thomas did not disclose the travel on his annual financial disclosure forms, and said in response to the revelations that he did not believe he had to do so under exemptions for personal hospitality.
Alito, meanwhile, traveled to Alaska for a luxury fishing trip in 2008 aboard a private jet provided by GOP donor Paul Singer, and accepted lodging from Robin Arkley, the owner of a California mortgage company and another GOP donor. Alito also did not disclose the trip, but refuted that it should have been reported, also citing exceptions for personal hospitality.
Following the reports of Thomas and Alito’s trips, the Judiciary Committee requested information from Crow, Leo and Arkley. Leo has repeatedly declined the committee’s request, and his lawyer told the panel in a letter Oct. 19 that its inquiry lacked a valid legislative purpose.
Crow offered to provide the Judiciary Committee with limited information, though it did not satisfy Senate Democrats.
Republicans have defended Thomas and Alito and accused Democrats of unfairly focusing on them while ignoring revelations from the Associated Press that Justice Sonia Sotomayor’s court staff pushed public institutions to purchase her books, and that the justice declined to recuse herself from copyright cases before the court that involved her book publisher. Justice Neil Gorsuch also did not step aside in a case involving the publisher of his 2019 book.
Thomas’ ties to Crow in particular created mounting pressure on the Supreme Court to adopt a binding code of ethics. Last summer, the Judiciary Committee advanced legislation along party lines that would require the Supreme Court to adopt an enforceable set of ethics rules. The court announced in November that it had adopted for the first time a formal code of conduct, though it does not include an enforcement mechanism.
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Oklahoma attorney general says state schools superintendent cannot mandate students watch prayer video
The Oklahoma attorney general’s office responded after the state’s education superintendent sent an email this week to public school administrators requiring them to show students his video announcement of a new Department of Religious Freedom and Patriotism. In the video, he prays for President-elect Trump.
Ryan Walters, a Republican, announced the new office on Wednesday and on Thursday sent the email to school superintendents statewide. The new department will be within the state’s Department of Education. Walters said it would “oversee the investigation of abuses to individual religious freedom or displays of patriotism.”
“In one of the first steps of the newly created department, we are requiring all of Oklahoma schools to play the attached video to all kids that are enrolled,” according to the email. Districts were also told to send the video to all parents of students.
In the video, Walters says religious liberty has been attacked and patriotism mocked “by woke teachers unions,” then prays for the leaders of the United States after saying students do not have to join in the prayer.
“In particular, I pray for President Donald Trump and his team as they continue to bring about change to the country,” Walters said.
The office of state Attorney General Gentner Drummond issued a statement Friday saying Walters has no authority under state law to issue such a mandate.
“Not only is this edict unenforceable, it is contrary to parents’ rights, local control and individual free-exercise rights,” said the attorney general’s office spokesperson Phil Bacharach.
Multiple school districts have also said they had no plans to show students the video.
Walters, a former public school teacher elected in 2022, ran on a platform of fighting “woke ideology,” banning books from school libraries and getting rid of “radical leftists” who he claims are indoctrinating children in classrooms. He already faces two lawsuits over his June mandate that schools incorporate the Bible into lesson plans for students in grades 5 through 12. Several school districts have previously stated that they will disregard the mandate.
One of the lawsuits also notes that the initial request for proposal released by the State Department of Education to purchase the Bibles appears to have been tailored to match Bibles endorsed by now President-elect Donald Trump that sell for $59.99 each.
Earlier this week, Walters announced he had purchased more than 500 Bibles to be used in Advanced Placement government classes. The education department that the 500 Bibles are “God Bless the USA Bibles” and were ordered Thursday for about $25,000. They will arrive “in the coming weeks,” the department said.
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Kamala Harris raised more than $1 billion for her campaign. She’s still sending persistent appeals to donors after defeat.
Kamala Harris and the Democratic Party’s prodigious fundraising operation raised more than $1 billion in her loss to Donald Trump, but the vice president is still pushing donors for more money after the election.
Democrats are sending persistent appeals to Harris supporters without expressly asking them to cover any potential debts, enticing would-be donors instead with other matters: the Republican president-elect’s picks for his upcoming administration and a handful of pending congressional contests where ballots are still being tallied.
“The Harris campaign certainly spent more than they raised and is now busy trying to fundraise,” said Adrian Hemond, a Democratic strategist from Michigan. He said he had been asked by the campaign after its loss to Trump to help with fundraising.
The party is flooding Harris’ lucrative email donor list with near-daily appeals aimed at small-dollar donors — those whose contributions are measured in the hundreds of dollars or less. But Hemond said the postelection effort also includes individual calls to larger donors.
One person familiar with the effort and the Democratic National Committee’s finances said the Harris campaign’s expected shortfall is a relatively small sum compared to the breadth of the campaign, which reported having $119 million cash on hand in mid-October before the Nov. 5 election. That person was not authorized to publicly discuss the campaign’s finances and spoke on condition of anonymity.
But the scramble now underscores the expense involved in a losing effort and the immediate challenges facing Democrats as they try to maintain a baseline political operation to counter the Trump administration and prepare for the 2026 midterm elections. It also calls into question how Democrats used their resources, including hosting events with musicians and other celebrities as well as running ads in a variety of nontraditional spaces such as Las Vegas’ domed Sphere.
Patrick Stauffer, chief financial officer for the Harris campaign, said in a statement that “there were no outstanding debts or bills overdue” on Election Day and there “will be no debt” listed for either the campaign or the DNC on their next financial disclosures, which are due to the Federal Election Commission in December.
The person familiar with the campaign and DNC’s finances said it was impossible to know just where Harris’ balance sheet stands currently. The campaign still is getting invoices from vendors for events and other services from near the end of the race. The campaign also has outstanding receipts; for example, from media organizations that must pay for their employees’ spots on Air Force Two as it traveled for the vice president’s campaign activities.
Within hours of Trump picking Florida Republican Matt Gaetz for attorney general on Wednesday, Harris’ supporters got an appeal for more money for “the Harris Fight Fund,” citing the emerging Trump team and its agenda.
Gaetz, who resigned his House seat after the announcement, “will weaponize the Justice Department to protect themselves,” the email said. It said Democrats “must stop them from executing Trump’s plans for revenge and retribution” and noted that “even his Republican allies are shocked by this” Cabinet choice.
Another appeal followed Friday in Harris’ name.
“The light of America’s promise will burn bright as long as we keep fighting,” the email said, adding that “there are still a number of critical races across the country that are either too close to call or with the margin of recounts or certain legal challenges.”
The emails do not mention Harris’ campaign or its finances.
The “Harris Fight Fund” is a postelection label for the “Harris Victory Fund,” which is the joint fundraising operation of Harris’ campaign, the DNC and state Democratic parties. Despite the language in the recent appeals, most rank-and-file donors’ contributions would be routed to the national party, unless a donor took the time to contact DNC directly and have the money go directly to Harris or a state party.
The fine print at the bottom of the solicitation explains that the first $41,300 from a person and first $15,000 from a political action committee would be allocated to the DNC. The next $3,300 from a person or $5,000 from a PAC would go to the Harris for President “Recount Account.” Anything beyond that threshold, up to maximum contribution limits that can reach into the hundreds of thousands of dollars, would be spread across state parties.
Officials at the DNC, which is set to undergo a leadership change early next year, indicated the party has no plans to cover any shortfall for Harris but could not explicitly rule out the party shifting any money to the campaign.