{"id":28423,"date":"2023-09-12T13:26:11","date_gmt":"2023-09-12T20:26:11","guid":{"rendered":"https:\/\/occupysf.net\/?p=28423"},"modified":"2023-09-12T13:26:11","modified_gmt":"2023-09-12T20:26:11","slug":"what-ginni-thomas-and-leonard-leo-wrought-how-a-justices-wife-and-a-key-activist-started-a-movement","status":"publish","type":"post","link":"https:\/\/occupysf.net\/index.php\/2023\/09\/12\/what-ginni-thomas-and-leonard-leo-wrought-how-a-justices-wife-and-a-key-activist-started-a-movement\/","title":{"rendered":"What Ginni Thomas and Leonard Leo wrought: How a justice\u2019s wife and a key activist started a movement"},"content":{"rendered":"\n<p>Thanks to the Supreme Court\u2019s Citizens United ruling, a trove of so-called \u201cdark money\u201d was about to be unleashed. Two activists prepared to seize the moment.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.politico.com\/dims4\/default\/4d38755\/2147483647\/strip\/true\/crop\/2000x1333+0+0\/resize\/1290x860!\/quality\/90\/?url=https%3A%2F%2Fstatic.politico.com%2F24%2F7a%2Ffb08c202432e834eba68920325b9%2Ftimeline-illo.jpg\" alt=\"Photo illustration of Leonard Leo and Ginni Thomas along with the Citizens United court case papers.\" title=\"Photo illustration of Leonard Leo and Ginni Thomas along with the Citizens United court case papers.\"\/><\/figure>\n\n\n\n<p>Leonard Leo\u2019s role as the central figure in the conservative legal movement has long been known, culminating in his acquisition last year of what many believe to be the largest political donation in history. | POLITICO illustration\/Photos by AP Photo, Getty Images<\/p>\n\n\n\n<p>By&nbsp;<a href=\"https:\/\/www.politico.com\/staff\/heidi-przybyla\">HEIDI PRZYBYLA<\/a><\/p>\n\n\n\n<p>09\/10\/2023 07:00 AM EDT (politico.com)<\/p>\n\n\n\n<p>Heidi Przybyla is a Washington, D.C. journalist. You can find her on Twitter @HeidiReports.<\/p>\n\n\n\n<p>The Supreme Court\u2019s decision in the 2010&nbsp;<em>Citizens United<\/em>&nbsp;case transformed the world of politics. It loosened restrictions on campaign spending and unleashed a flow of anonymous donor money to nonprofit groups run by political activists.<\/p>\n\n\n\n<p>In the months before the ruling dropped in January of that year, a group of conservative activists came together to create just such an organization. Its mission would be to, at the time, block then-President Barack Obama\u2019s pet initiatives.<\/p>\n\n\n\n<p>The activists included Federalist Society leader Leonard Leo and his ideological soulmate, a hard-edged activist named Virginia Thomas, the wife of Supreme Court Justice Clarence Thomas.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.politico.com\/dims4\/default\/c11911f\/2147483647\/strip\/true\/crop\/1813x1333+0+0\/resize\/1218x896!\/quality\/90\/?url=https%3A%2F%2Fstatic.politico.com%2F8f%2F4c%2F7f3a80f94ad89a5c9ff99a365538%2F230725-leonard-leo-ginni-thomas-ap.png\" alt=\"Leonard Leo, Ginni Thomas\" title=\"Leonard Leo, Ginni Thomas\"\/><figcaption class=\"wp-element-caption\">Federalist Society leader Leonard Leo (left) and his ideological soulmate, a hard-edged activist named Virginia Thomas (right), who also happens to be the wife of Supreme Court Justice Clarence Thomas. | Carolyn Kaster\/AP Photo; Chip Somodevilla\/Getty Images<\/figcaption><\/figure>\n\n\n\n<p>\u201cGinni really wanted to build an organization and be a movement leader,\u201d said a person familiar with her thinking at that time. \u201cLeonard [Leo] was going to be the conduit of that.\u201d<\/p>\n\n\n\n<p>She also had a rich backer: Harlan Crow, the manufacturing billionaire who had helped Thomas and her husband in many ways, from&nbsp;<a href=\"https:\/\/www.propublica.org\/article\/clarence-thomas-scotus-undisclosed-luxury-travel-gifts-crow\" target=\"_blank\" rel=\"noreferrer noopener\">funding luxury vacations<\/a>&nbsp;to&nbsp;<a href=\"https:\/\/www.propublica.org\/article\/clarence-thomas-harlan-crow-private-school-tuition-scotus\" target=\"_blank\" rel=\"noreferrer noopener\">picking up tuition payments<\/a>&nbsp;for their great-nephew.<\/p>\n\n\n\n<p>At the time, the&nbsp;<em>Citizens United<\/em>&nbsp;ruling was widely expected, as the court had already signaled its intentions. When it came, it upended nearly 100 years of campaign spending restrictions.<\/p>\n\n\n\n<p>The conservative legal movement seized the moment with greater success than any other group, and the consequences have shaped American jurisprudence and politics in dramatic ways.<\/p>\n\n\n\n<ul>\n<li>Timeline of Leonard Leo&#8217;s Judicial Advocacy and Ginni Thomas&#8217;s Career<\/li>\n\n\n\n<li><\/li>\n\n\n\n<li>SEPT. 9, 2009Oral arguments conclude in Citizens United.<ul><\/ul>NOV. 6, 2009Cleta Mitchell\u00a0<a href=\"https:\/\/www.politico.com\/f\/?id=00000189-93af-dee7-a7ab-fbff67650000\">files IRS application<\/a>\u00a0for Thomas\u2019s Liberty Central Inc.<ul><\/ul>DEC. 31, 2009Thomas\u00a0<a href=\"https:\/\/www.politico.com\/f\/?id=00000189-9371-d7a2-abfd-fffde40d0000\">signs paperwork to incorporate in VA listing Leonard Leo as a director.<\/a>\u00a0Harlan Crow donates $500,000 in seed money in the following weeks.<ul><\/ul>JAN. 14, 2010Thomas request to incorporate in Virginia is approved.<ul><\/ul>JAN. 21, 2010Supreme Court hands down Citizens United decision, with Justice Clarence Thomas objecting to disclosure rules.<ul><\/ul>FEB. 18, 2010Thomas says she\u2019s been \u201ccalled to the frontlines\u201d during a CPAC conference. (Crow holds event in Dallas in following weeks.)\n<ul>\n<li><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n\n\n\n<p>SHOW FULL TIMELINE<\/p>\n\n\n\n<p>From those early discussions among Leo, Thomas and Crow would spring a billion-dollar force that has helped remake the judiciary and overturn longstanding legal precedents on abortion, affirmative action and many other issues. It funded legal scholars to devise theories to challenge liberal precedents, helped to elect state attorneys general willing to apply those theories and launched lavish campaigns for conservative judicial nominees who would cite those theories in their rulings from the bench.<\/p>\n\n\n\n<p>The movement\u2019s triumphs are now visible but its engine remains hidden: A billion-dollar network of groups, most of which are registered as tax-exempt charities or social welfare organizations. Taking advantage of gaps in disclosure laws, they shield the identities of most of their donors and some of the recipients of the funds. Among those who\u2019ve been paid by the groups are leading thinkers and individuals with close personal ties to Leo \u2014 including a whopping $7 million to a group run by a close friend and his wife. They also include a for-profit business for which Leo himself is chairman and which received tens of millions of dollars from his nonprofit network.<\/p>\n\n\n\n<p>Leo\u2019s role as the central figure in this movement has long been known, culminating in his acquisition last year of what many believe to be the largest political donation in history. Few are aware of the extent to which the movement\u2019s baby steps were taken in concert with Ginni Thomas.<\/p>\n\n\n\n<p>Two months before the&nbsp;<em>Citizens United<\/em>&nbsp;decision, but after the justices had signaled their intentions by requesting new arguments, attorney Cleta Mitchell \u2014 later&nbsp;<a href=\"https:\/\/www.cnn.com\/2021\/10\/13\/politics\/trump-mitchell-georgia-election\/index.html\" target=\"_blank\" rel=\"noreferrer noopener\">to play a role<\/a>&nbsp;in Donald Trump\u2019s false claims about the 2020 elections \u2014 filed papers for Ginni Thomas to create a nonprofit group of a type that ultimately benefited from the decision. Leo was one of two directors listed on a separate application to conduct business in the state of Virginia. Thomas was president. She&nbsp;<a href=\"https:\/\/www.politico.com\/f\/?id=0000018a-2e49-d0b1-a7eb-6e5915450000\" target=\"_blank\" rel=\"noreferrer noopener\">signed it on New Year\u2019s Eve of 2009, and Crow provided much of the initial cash<\/a>. A key Leo aide, Sarah Field, would come aboard to help Thomas manage the group, which they called Liberty Central.<\/p>\n\n\n\n<p>After Liberty Central went public, it provoked an outcry over a Supreme Court justice\u2019s wife promoting causes like overturning Obamacare that were before her husband\u2019s court. Leo and Thomas changed gears. His network reactivated a dormant group, the Judicial Education Project, which would go on to become a major supplier of amicus briefs before the nation\u2019s highest court. She created a for-profit consulting business using a similar name \u2014 Liberty Consulting \u2014 that enabled her to perform consulting work for conservative activist groups.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">&nbsp;MOST READ<\/h2>\n\n\n\n<p><a href=\"https:\/\/www.politico.com\/news\/magazine\/2023\/09\/11\/kevin-mccarthy-shutdown-lessons-00114768\"><\/a><\/p>\n\n\n\n<figure class=\"wp-block-image\"><a href=\"https:\/\/www.politico.com\/news\/magazine\/2023\/09\/11\/kevin-mccarthy-shutdown-lessons-00114768\"><img decoding=\"async\" src=\"https:\/\/www.politico.com\/dims4\/default\/54c91f1\/2147483647\/strip\/true\/crop\/3894x2597+0+0\/resize\/630x420!\/quality\/90\/?url=https%3A%2F%2Fstatic.politico.com%2F2f%2Fa8%2Fd655c31f4228aab59f01afe5dd08%2Fmag-ward-cantorqa-lead.jpg\" alt=\"Mag.Ward.CantorQA.lead.jpg\" title=\"Mag.Ward.CantorQA.lead.jpg\"\/><\/a><\/figure>\n\n\n\n<ol>\n<li><a href=\"https:\/\/www.politico.com\/news\/magazine\/2023\/09\/11\/kevin-mccarthy-shutdown-lessons-00114768\">A Republican Leader From the 2013 Shutdown Has a Warning for Kevin McCarthy<\/a><\/li>\n\n\n\n<li><a href=\"https:\/\/www.politico.com\/news\/2023\/09\/11\/kevin-mccarthy-government-shutdown-profile-00114028\">McCarthy pressure hits a boiling point<\/a><\/li>\n\n\n\n<li><a href=\"https:\/\/www.politico.com\/news\/2023\/09\/11\/biden-officials-alaska-murkowski-00114919\">Almost every single major Biden official is making a pilgrimage to Alaska<\/a><\/li>\n\n\n\n<li><a href=\"https:\/\/www.politico.com\/news\/2023\/09\/11\/judge-private-mediation-feinstein-finances-00115024\">Sen. Feinstein family legal drama sent to private mediation<\/a><\/li>\n\n\n\n<li><a href=\"https:\/\/www.politico.com\/news\/2023\/09\/10\/ginni-thomas-leonard-leo-citizens-united-00108082\">What Ginni Thomas and Leonard Leo wrought: How a justice\u2019s wife and a key activist started a movement<\/a><\/li>\n<\/ol>\n\n\n\n<p>The Judicial Education Project supplied some of her business: Documents indicate Leo ordered at least one recipient of his groups\u2019 funds, Kellyanne Conway, to make payments to Ginni Thomas for unspecified work, according to&nbsp;<a href=\"https:\/\/www.washingtonpost.com\/investigations\/2023\/05\/04\/leonard-leo-clarence-ginni-thomas-conway\/\" target=\"_blank\" rel=\"noreferrer noopener\">a Washington Post story<\/a>&nbsp;earlier this year.<\/p>\n\n\n\n<p>Now, Liberty Consulting is a focus of interest from congressional committees probing the Supreme Court\u2019s ethics disclosures. Senate Democrats&nbsp;<a href=\"https:\/\/www.npr.org\/2023\/05\/09\/1174979645\/clarence-thomas-harlan-crow-senate-democrats\" target=\"_blank\" rel=\"noreferrer noopener\">have demanded<\/a>&nbsp;that Leo and Crow provide a list of \u201cgifts, payments, or other items of value\u201d they\u2019ve given Thomas and her husband<strong>.<\/strong><\/p>\n\n\n\n<p>Meanwhile, Leo\u2019s network of nonprofits \u2014 whose annual donations have skyrocketed into the hundreds of millions of dollars \u2014 is the subject of an investigation by the Washington, D.C., attorney general, POLITICO reported last month. The probe followed a POLITICO report in March that raised questions about whether Leo\u2019s groups were enriching him and his friends by hiring their businesses and donating to their nonprofit groups.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.politico.com\/dims4\/default\/e3cd177\/2147483647\/strip\/true\/crop\/5676x3784+0+0\/resize\/630x420!\/quality\/90\/?url=https%3A%2F%2Fstatic.politico.com%2F90%2F62%2F8495c99741c8961fd2dd1f51b0df%2Fgettyimages-1395198158.jpg\" alt=\"Sen. Dick Durbin speaks at a podium in front of the Capitol in Washington, D.C.\" title=\"Sen. Dick Durbin speaks at a podium in front of the Capitol in Washington, D.C.\"\/><figcaption class=\"wp-element-caption\">Senate Democrats, including Sen. Dick Durbin, have demanded that Leo and Crow provide a list of \u201cgifts, payments, or other items of value\u201d they\u2019ve given Thomas and her husband.&nbsp;&nbsp; | Alex Wong\/Getty Images<\/figcaption><\/figure>\n\n\n\n<p>Together, the probes have combined to raise the question of whether Leo\u2019s groups have taken advantage of lax disclosure laws to send additional business and funds to Ginni Thomas, among other activists. That would be legal as long as Thomas was providing services commensurate with the payments.<\/p>\n\n\n\n<p>\u201cThe real question then is, \u2018what is Ginni Thomas qualified to do, what did they pay her to do, and was it fair market value?\u2019\u201d said Laura Solomon, a Pennsylvania tax attorney who represents hundreds of charitable and other tax-exempt organizations and philanthropists.<\/p>\n\n\n\n<p>Leo, Thomas, Crow and Conway did not respond to questions about their financial relationships, and whether Leo\u2019s groups continued to ask contractors to work with Thomas.<\/p>\n\n\n\n<p>Asked how much money overall Leo has directed to Thomas, when the payments began and if they ever stopped, a Leo spokesman responded: \u201cNo comment.\u201d<\/p>\n\n\n\n<p>Thomas\u2019 representative, attorney Mark Paoletta, did not respond to questions.<\/p>\n\n\n\n<p>In a July 25&nbsp;<a href=\"https:\/\/www.documentcloud.org\/documents\/23886791-leonard-leo-letter\" target=\"_blank\" rel=\"noreferrer noopener\">letter to Congress<\/a>, Leo\u2019s lawyers said his advocacy work is protected under the First Amendment and that any congressional inquiry into his relationships with Supreme Court justices is \u201cpolitically charged\u201d and tantamount to harassment.<\/p>\n\n\n\n<p>In a July interview with The Maine Wire, a conservative outlet near his home, Leo spoke about his efforts to \u201cdefend the Constitution\u201d and why his nonprofit groups don\u2019t reveal their donors.<\/p>\n\n\n\n<p>\u201cIt\u2019s not to hide in the shadows,\u201d he said. \u201cIt\u2019s because we want ideas judged by their own moral and intellectual force.\u201d<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Launching a Movement<\/h3>\n\n\n\n<p><strong>Many people trace the start&nbsp;<\/strong>of the conservative legal movement to 1982, the year of the founding of the Federalist Society, which provided a forum for law students and professors with conservative ideas to incubate their theories.<\/p>\n\n\n\n<p>But the movement that has had such a profound impact on the courts today \u2014 one that involves money and politics, more than legal theories or principles \u2014 gained steam in the wake of the&nbsp;<em>Citizens United<\/em>&nbsp;decision.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.politico.com\/dims4\/default\/275a470\/2147483647\/strip\/true\/crop\/5616x3744+0+0\/resize\/1350x900!\/quality\/90\/?url=https%3A%2F%2Fstatic.politico.com%2Fc6%2F85%2F6a419b784937aa8ecc7a732d931b%2Fgettyimages-105775193.jpg\" alt=\"Activists protest against the Supreme Court's Citizens United ruling.\" title=\"Activists protest against the Supreme Court's Citizens United ruling.\"\/><figcaption class=\"wp-element-caption\">Activists protest against the Supreme Court&#8217;s Citizens United ruling at the National Mall on Oct. 20, 2010 in Washington, D.C. | Getty Images\/Chip Somodevilla<\/figcaption><\/figure>\n\n\n\n<p>The case followed a highly unusual path \u2014 one blazed by a five-justice conservative majority who seemed determined to strike a blow against campaign finance restrictions.<\/p>\n\n\n\n<p>Initially, the dispute centered on whether a conservative nonprofit\u2019s unflattering documentary on former Democratic presidential candidate Hillary Clinton violated campaign finance laws. Instead of resolving the case along the lines argued by the lawyers, the justices took the unusual step of asking for re-arguments based on a sweeping question \u2014 whether they should overrule prior decisions approving laws that limited spending on political campaigns.<\/p>\n\n\n\n<p>The re-argument took place on Sept. 9, 2009. Two months later, on Nov. 6, Mitchell&nbsp;<a href=\"https:\/\/www.politico.com\/f\/?id=0000018a-2e50-d0b1-a7eb-6e51a54e0000\" target=\"_blank\" rel=\"noreferrer noopener\">filed an IRS application on behalf of Ginni Thomas<\/a>&nbsp;to form the group that becameLiberty Central Inc. Paperwork Thomas signed on New Year\u2019s Eve listed Leo, then the Federalist Society\u2019s executive vice president, as one of two directors. Field, one of&nbsp;<a href=\"https:\/\/www.politico.com\/story\/2010\/07\/thomass-wife-takes-on-obama-039426\" target=\"_blank\" rel=\"noreferrer noopener\">Leo\u2019s right-hand&nbsp;<\/a>people on state courts at the Federalist Society, came aboard to help Thomas in her new endeavor.<\/p>\n\n\n\n<p>Neither Field nor Mitchell responded to requests for comment.<\/p>\n\n\n\n<p>The application&nbsp;<a href=\"https:\/\/www.politico.com\/f\/?id=0000018a-76b6-dee9-adca-77be1b3e0000\" target=\"_blank\" rel=\"noreferrer noopener\">was approved<\/a>&nbsp;seven days before Clarence Thomas joined the 5-4 majority on a decision that wouldopen the door to a new era of major spending on groups like the one his wife was forming. After&nbsp;<a href=\"https:\/\/www.politico.com\/story\/2011\/02\/justice-thomass-wife-now-lobbyist-048812\" target=\"_blank\" rel=\"noreferrer noopener\">putting up $500,000, the lion\u2019s share<\/a>&nbsp;of her nonprofit\u2019s seed money, Crow&nbsp;<a href=\"https:\/\/www.politico.com\/story\/2011\/02\/justice-thomass-wife-now-lobbyist-048812\" target=\"_blank\" rel=\"noreferrer noopener\">held an event<\/a>&nbsp;for Ginni Thomas at his palatial home in Dallas. The group later made clear its goal was disassembling President Barack Obama\u2019s agenda, mainly the Affordable Care Act.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.politico.com\/dims4\/default\/7f35d12\/2147483647\/strip\/true\/crop\/3500x2333+0+0\/resize\/630x420!\/quality\/90\/?url=https%3A%2F%2Fstatic.politico.com%2F07%2Fa0%2Fedb5ee484e9fbd61c66fff71dd72%2Fap120625123829.jpg\" alt=\"The Supreme Court \" title=\"The Supreme Court \"\/><figcaption class=\"wp-element-caption\">Justice Anthony Kennedy, a Ronald Reagan appointee, assumed in his majority opinion in Citizens United that donations and spending around such groups would be transparent. | Evan Vucci\/AP Photo<\/figcaption><\/figure>\n\n\n\n<p>Justice Anthony Kennedy, a Ronald Reagan appointee, assumed&nbsp;<a href=\"https:\/\/www.law.cornell.edu\/supct\/pdf\/08-205P.ZO\" target=\"_blank\" rel=\"noreferrer noopener\">in his majority opinion<\/a>&nbsp;in&nbsp;<em>Citizens United<\/em>&nbsp;that donations and spending around such groups would be transparent. Justice Thomas,&nbsp;<a href=\"https:\/\/www.law.cornell.edu\/supct\/pdf\/08-205P.ZX1\" target=\"_blank\" rel=\"noreferrer noopener\">in his concurring opinion<\/a>, argued against \u201cforcibly disclosed donor information,\u201d which could \u201cpre-empt citizens\u2019 exercise of their First Amendment rights.\u201d<\/p>\n\n\n\n<p>The&nbsp;<em>Citizens United<\/em>&nbsp;decision \u2014 which extended free speech rights to corporations, nonprofits and unions \u2014 effectively&nbsp;<a href=\"https:\/\/www.politico.com\/story\/2012\/06\/montana-campaign-cash-law-nixed-077788\" target=\"_blank\" rel=\"noreferrer noopener\">curbed efforts to rein in political spending<\/a>, while paving the way for follow-up rulings&nbsp;<a href=\"https:\/\/www.fec.gov\/legal-resources\/court-cases\/speechnoworg-v-fec\/#:~:text=Summary-,Summary,them%2C%20violate%20the%20First%20Amendment.\" target=\"_blank\" rel=\"noreferrer noopener\">from courts<\/a>&nbsp;and&nbsp;<a href=\"https:\/\/www.fec.gov\/updates\/ao-2010-11-contributions-to-an-independent-expenditure-committee\/\" target=\"_blank\" rel=\"noreferrer noopener\">the Federal Election Commission<\/a>&nbsp;that would unleash additional billions of dollars in donations. Those donors would spawn a boom in tax-exempt \u201ccharitable\u201d and \u201csocial welfare\u201d groups as vehicles for spending on political activity.<\/p>\n\n\n\n<p>A key part of the attraction to these groups was that they could shield the identity of donors, many of whom are reluctant to invite scrutiny of their own agendas.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Speaking out<\/h3>\n\n\n\n<p><strong>Just five weeks after the decision,&nbsp;<\/strong>on Feb. 18, Ginni&nbsp;<a href=\"https:\/\/www.c-span.org\/video\/?292148-7\/tea-party-movement\" target=\"_blank\" rel=\"noreferrer noopener\">Thomas took the stage at CPAC<\/a>, an annual gathering of the nation\u2019s most prominent conservative activists. Wearing a white T-shirt emblazoned with a Liberty Central logo, Thomas introduced herself as an \u201cordinary citizen from Omaha, Nebraska\u201d who felt \u201ccalled to the front lines\u201d of a battle against \u201carrogant elites\u201d who \u201cthink they know how to manage our lives from cradle to grave.\u201d She evoked the passing of \u201cpatriots,\u201d including her 91-year-old mother and Barbara Olson, who had perished in the plane that hit the Pentagon on Sept. 11, 2001, as her inspiration.<\/p>\n\n\n\n<p>\u201cWhen she was gone, I knew I had to work harder,\u201d Thomas said of Olson, whose widower, Ted, had been a lawyer for Citizens United.<\/p>\n\n\n\n<p>Thomas did not credit Crow, Leo or the&nbsp;<em>Citizens United&nbsp;<\/em>decision for her new grassroots initiative. That year, she was paid $120,500 from Liberty Central, according to&nbsp;<a href=\"https:\/\/www.politico.com\/f\/?id=0000018a-7abc-dd5e-abfe-fbfe922c0000\" target=\"_blank\" rel=\"noreferrer noopener\">tax records<\/a>.<\/p>\n\n\n\n<p>The group was destined to have only a short lifespan, thanks in part to a misstep by Thomas. In October, she left a voicemail for Anita Hill, the woman who had accused her husband of sexual harassment during his confirmation hearings in 1991. In it,&nbsp;<a href=\"https:\/\/www.politico.com\/story\/2010\/10\/virginia-thomas-seeks-hill-apology-043861\" target=\"_blank\" rel=\"noreferrer noopener\">Thomas demanded an apology<\/a>&nbsp;for the 19-year-old accusations.<\/p>\n\n\n\n<p>\u201cI would love you to consider an apology sometime and some full explanation of why you did what you did with my husband,\u201d&nbsp;<a href=\"https:\/\/www.newyorker.com\/news\/news-desk\/virginia-thomass-message-for-anita-hill\" target=\"_blank\" rel=\"noreferrer noopener\">Thomas reportedly said<\/a>, asking Hill to \u201cpray about this.\u201d<\/p>\n\n\n\n<p>The ensuing news reports drew unwanted attention to Thomas\u2019 new nonprofit, which by then was expressly targeting Obama and his agenda. The news led many ethics specialists to&nbsp;<a href=\"https:\/\/www.nytimes.com\/2010\/10\/09\/us\/politics\/09thomas.html\" target=\"_blank\" rel=\"noreferrer noopener\">question whether it was appropriate<\/a>&nbsp;for a Supreme Court justice\u2019s spouse to be leading such a political effort, especially with the court preparing to consider a high-profile challenge to Obama\u2019s health care initiative.<\/p>\n\n\n\n<p>The following month, it was reported that Thomas was&nbsp;<a href=\"https:\/\/www.politico.com\/story\/2010\/11\/ginni-thomas-reportedly-quits-group-045142\" target=\"_blank\" rel=\"noreferrer noopener\">stepping down from her top leadership position at Liberty Central<\/a>, which was eventually absorbed into another nonprofit.&nbsp;<a href=\"https:\/\/web.archive.org\/web\/20110104015809\/http:\/www.politico.com\/news\/stories\/1110\/45142.html\" target=\"_blank\" rel=\"noreferrer noopener\">Leo came to her defense<\/a>, bemoaning the \u201cspat of press stories about a single phone call that she made.\u201d<\/p>\n\n\n\n<p>Incorporation records show Thomas had already pivoted to form her own for-profit consulting firm in the state of Virginia. On Nov. 16, Thomas\u2019 \u201c<a href=\"https:\/\/www.politico.com\/f\/?id=0000018a-2e53-d788-afef-2f5f7a380000\" target=\"_blank\" rel=\"noreferrer noopener\">expedited service request<\/a>\u201d to incorporate her consulting business was approved. And Leo turned to another vehicle he could use to pay her with no apparent paper trail. The Judicial Education Project, a tax-exempt charity that had been founded by three of Leo\u2019s associates in 2004 but soon became dormant, was reactivated and began receiving donations in 2010.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.politico.com\/dims4\/default\/163aaab\/2147483647\/strip\/true\/crop\/4345x2897+0+0\/resize\/1218x812!\/quality\/90\/?url=https%3A%2F%2Fstatic.politico.com%2F7c%2Fb1%2F8e9734644f9796913132244e0adb%2Fap22264849964376.jpg\" alt=\"Ginni Thomas waves at a public event.\" title=\"Ginni Thomas waves at a public event.\"\/><figcaption class=\"wp-element-caption\">After stepping away from Liberty Central, Thomas moved her networking behind the scenes. | Patrick Semansky\/AP Photo<\/figcaption><\/figure>\n\n\n\n<p>And far from retreating, Thomas merely moved her networking behind the scenes.<\/p>\n\n\n\n<p>\u201cShe remained active in the [conservative legal] movement for sure,\u201d said the person who had attended early meetings about her plans and who was granted anonymity to discuss private meetings. \u201cPeople just always assumed she had to stay below the radar.\u201d<\/p>\n\n\n\n<p>She was a frequent attendee at major coordinating events among conservative nonprofits and was considered \u201ca very popular activist figure,\u201d the person said.<\/p>\n\n\n\n<p>Thomas\u2019 brief run as president of her own nonprofit had given her a taste of a lifelong dream. Thomas grew up tagging along with her mother, a Nebraska GOP Party activist. A 1986&nbsp;<a href=\"https:\/\/www.washingtonpost.com\/archive\/lifestyle\/1991\/09\/10\/the-nomineess-soul-mate\/3e0a9aa9-fdee-41f3-b5be-a6af468d89cc\/\" target=\"_blank\" rel=\"noreferrer noopener\">Good Housekeeping article<\/a>&nbsp;that mentioned the young Virginia Lamp said she aspired to run for Congress, but her biggest challenge was \u201cfinding a husband who\u2019ll be supportive of a woman in public life.\u201d<\/p>\n\n\n\n<p>Liberty Central had been explicit about its intent to&nbsp;<a href=\"https:\/\/abovethelaw.com\/2010\/03\/mrs-clarence-thomas-hosts-her-own-tea-party\/\" target=\"_blank\" rel=\"noreferrer noopener\">assist \u201ccitizen activists,\u201d<\/a>&nbsp;launching an \u201c<a href=\"https:\/\/www.prnewswire.com\/news-releases\/liberty-central-launches-free-training-website-to-activate-the-congressional-august-recess-99752549.html\" target=\"_blank\" rel=\"noreferrer noopener\">activism how-to website<\/a>\u201d in August and&nbsp;<a href=\"https:\/\/www.prnewswire.com\/news-releases\/liberty-central-launches-first-national-ad-campaign-to-fight-obama-tax-increases-104147203.html\" target=\"_blank\" rel=\"noreferrer noopener\">an ad campaign<\/a>&nbsp;a month before the 2010 midterm election in which challenging Obamacare was the conservative movement\u2019s primary objective.<\/p>\n\n\n\n<p>Thomas continued her activism after leaving the nonprofit, with Leo helping to send money in her direction.<\/p>\n\n\n\n<p>According to the documents obtained by the Post, Leo told Conway he wanted her to \u201cgive &#8230; another $25K\u201d to Thomas and that the records should have \u201c<a href=\"https:\/\/www.washingtonpost.com\/investigations\/2023\/05\/04\/leonard-leo-clarence-ginni-thomas-conway\/\" target=\"_blank\" rel=\"noreferrer noopener\">no mention of Ginni, of course<\/a>.\u201d At Leo\u2019s behest, Conway\u2019s polling firm billed the Leo-affiliated JEP $25,000 that day as a \u201cSupplement for Constitution Polling and Opinion Consulting,\u201d the documents show.<\/p>\n\n\n\n<p>In all, Leo arranged for between $80,000 and $100,000 to go to Thomas through Conway for unspecified work in 2011 and 2012, according to the documents.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Limiting disclosures<\/h3>\n\n\n\n<p><strong>There is no direct paper&nbsp;<\/strong>trail for JEP\u2019s spending on Conway\u2019s business, let alone Thomas.<\/p>\n\n\n\n<p><a href=\"https:\/\/www.irs.gov\/instructions\/i990\" target=\"_blank\" rel=\"noreferrer noopener\">The IRS requires<\/a>&nbsp;that nonprofits must identify only their top five highest-paid contractors making more than $100,000 annually, but that leaves many contractors off the list. True North Research, an investigative watchdog group, found at least $25 million of the $240 million that JEP has spent on grants and expenses since 2010 \u2014 including salaries and contractor fees \u2014 went to people whose identities were not revealed.<\/p>\n\n\n\n<p>\u201cThis money could have gone to anyone,\u201d said Lisa Graves, the leader of True North Research and former deputy assistant attorney general in the Clinton administration.<\/p>\n\n\n\n<p>In its filings for the year after Leo asked Conway to give money to Thomas, the JEP reported spending a total of $150,000 on \u201cpolling,\u201d which could have covered the payments, but Conway\u2019s firm, The Polling Company, was not listed on its paperwork. A spokesman for Leo said JEP used \u201cmultiple polling contractors\u201d and that he is \u201cunaware\u201d of any connections between Thomas and those contractors.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.politico.com\/dims4\/default\/e7f7fd7\/2147483647\/strip\/true\/crop\/4484x2989+0+0\/resize\/1350x900!\/quality\/90\/?url=https%3A%2F%2Fstatic.politico.com%2F21%2F8e%2F88582fa24d70a3fcfc67bc33c9ea%2Fap22181076782469.jpg\" alt=\"Ginni Thomas (left) with her husband Justice Clarence Thomas (right) arrive for a State Dinner at the White House in Washington, D.C.\" title=\"Ginni Thomas (left) with her husband Justice Clarence Thomas (right) arrive for a State Dinner at the White House in Washington, D.C.\"\/><figcaption class=\"wp-element-caption\">A watchdog group revealed in 2011 that Justice Thomas hadn\u2019t reported hundreds of thousands of dollars earned by his wife. | Patrick Semansky\/AP Photo<\/figcaption><\/figure>\n\n\n\n<p>In 2011, the judiciary\u2019s policy-making body, a panel overseen by Chief Justice John Roberts,&nbsp;<a href=\"https:\/\/news.bloomberglaw.com\/us-law-week\/justice-thomas-ethics-review-queried-by-us-court-leader-in-2012\" target=\"_blank\" rel=\"noreferrer noopener\">received a complaint<\/a>&nbsp;from a sitting judge after a watchdog&nbsp;<a href=\"https:\/\/www.commoncause.org\/resource\/letter-to-james-duff-on-virginia-thomas-income\/\" target=\"_blank\" rel=\"noreferrer noopener\">group revealed<\/a>&nbsp;that Clarence Thomas hadn\u2019t reported hundreds of thousands of dollars earned by his wife.<\/p>\n\n\n\n<p>Clarence Thomas filed&nbsp;<a href=\"https:\/\/pfds.opensecrets.org\/N99999918_2004.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">amended reports, explaining<\/a>&nbsp;that his wife\u2019s income was \u201cinadvertently omitted due to a misunderstanding of the filing instructions.\u201d No formal review was conducted, though the panel asserted there was&nbsp;<a href=\"https:\/\/www.yahoo.com\/lifestyle\/clarence-thomas-2011-ethics-complaints-173902047.html\" target=\"_blank\" rel=\"noreferrer noopener\">no \u201cwillful\u201d wrongdoing<\/a>&nbsp;by the justice.<\/p>\n\n\n\n<p>The filing requirements themselves were porous enough, however, that justices could effectively omit naming any of their spouse\u2019s clients or the amount of money they were receiving. Thus, in subsequent disclosures, Clarence Thomas would go on to simply list that his wife had received money from her consulting business, without detailing how much or from whom, or whether any of the people paying her had interests before the Supreme Court.<\/p>\n\n\n\n<p>Likewise, gaps in disclosure requirements for nonprofits were large enough that no one could keep track of who was funding Leo\u2019s network. In some instances, the gaps were exacerbated by irregularities. In 2011, JEP reported to the IRS having&nbsp;<a href=\"https:\/\/www.politico.com\/f\/?id=0000018a-2e55-d2a3-a3fe-efff705a0000\" target=\"_blank\" rel=\"noreferrer noopener\">received no more than $50,000 in donations<\/a>, even though another Leo-aligned entity, the Wellspring Committee,&nbsp;<a href=\"https:\/\/www.politico.com\/f\/?id=0000018a-2e56-df68-a7da-bfdfdf540000\" target=\"_blank\" rel=\"noreferrer noopener\">reported having given JEP $136,000 that year<\/a>. A spokesman said JEP took in more than expected and accounted for the surplus in a subsequent reports.<\/p>\n\n\n\n<p>The lack of a requirement to report donors became more noteworthy as JEP\u2019s revenue began to grow.<\/p>\n\n\n\n<p>In 2012 \u2014 the year Leo asked Conway to direct payments to Thomas through Conway\u2019s polling business \u2014 the formerly inactive nonprofit reported receiving $1.5 million. The next year, Thomas\u2019 former law clerk, Carrie Severino,&nbsp;<a href=\"https:\/\/www.documentcloud.org\/documents\/23609060-2013-judicial-education-project-form-990\" target=\"_blank\" rel=\"noreferrer noopener\">became one of the group\u2019s three directors<\/a>; by 2014, the nonprofit\u2019s annual revenues were up to $9 million from nothing reported just five years previously, according to tax filings.<\/p>\n\n\n\n<p>Severino did not respond to questions through the Judicial Crisis Network, another Leo-aligned group which she heads.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Pushing an agenda<\/h3>\n\n\n\n<p><strong>Meanwhile, JEP was becoming<\/strong>&nbsp;a major vehicle for filing amicus briefs on behalf of the conservative legal movement seeking to influence the Supreme Court. More than just expressions of support for one side or the other, these briefs often encompassed extensive fact-finding and analysis, spanning scores of pages. The goal was to offer conservative justices arguments that they could incorporate into their opinions.<\/p>\n\n\n\n<p>The lead attorney on the first amicus brief JEP joined was former Thomas law clerk John Eastman, who would later advise Trump on theories for overturning the 2020 election. The brief argued that Obamacare\u2019s provision requiring minimum coverage was an \u201coppressive mandate\u201d and that it was \u201ctainted\u201d by \u201cabuses of the legislative process.\u201d With the support of Roberts, the court ruled against JEP\u2019s position. ClarenceThomas, along with the other conservative justices, joined a dissent that would have found the individual mandate unconstitutional. In later years, the mandate would be effectively ended by Congress repealing its tax penalties.<\/p>\n\n\n\n<p>Many of the JEP\u2019s subsequent briefs listed Severino as counsel of record.<\/p>\n\n\n\n<p>In 2013, JEP&nbsp;<a href=\"https:\/\/s3.documentcloud.org\/documents\/23807535\/12-women-severino-amicus-brief-mccullen-v-coakley.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">filed a Severino-authored brief<\/a>&nbsp;arguing in favor of striking down a Massachusetts law that made it a crime to stand within 35 feet of entrances to abortion clinics. The state claimed the law was necessary to prevent clashes between demonstrators. JEP, however, argued that abortion clinics provide \u201cincomplete and misleading information about the abortion procedure\u201d and that the law interfered with the rights of \u201csidewalk counselors.\u201d The court unanimously struck down the law, though a five-justice majority rejected JEP\u2019s contention that the law was aimed at curbing the rights of anti-abortion protesters.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.politico.com\/dims4\/default\/7d454d1\/2147483647\/strip\/true\/crop\/3000x1998+0+0\/resize\/630x420!\/quality\/90\/?url=https%3A%2F%2Fstatic.politico.com%2F76%2Fb0%2F9eb4a45a45f0bc04afaecf74ed05%2Fgettyimages-91191206.jpg\" alt=\"The University of Texas Tower is shown on the university campus.\" title=\"The University of Texas Tower is shown on the university campus.\"\/><figcaption class=\"wp-element-caption\">In 2015, JEP filed a brief in support of a petitioner challenging a University of Texas affirmative action program. | Ronald Martinez\/Getty Images<\/figcaption><\/figure>\n\n\n\n<p>In 2014, JEP weighed in on the landmark case of&nbsp;<em>Burwell v. Hobby Lobby<\/em>, in which the court decided that companies can opt out of contraception coverage for employees based on the owners\u2019 religious objections. The opinion, written by Justice Samuel Alito and joined by ClarenceThomas, adopted many of the arguments&nbsp;<a href=\"http:\/\/sblog.s3.amazonaws.com\/wp-content\/uploads\/2014\/02\/13-354bsac_-13-356tsac-Judicial-Education-Project.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">JEP made in its Severino-authored brief<\/a>, mainly that Obamacare\u2019s coverage requirements burdened the Hobby Lobby owner\u2019s right to free exercise of religion.<\/p>\n\n\n\n<p>In 2015, JEP&nbsp;<a href=\"https:\/\/s3.documentcloud.org\/documents\/23798556\/jep-amicus-brief-fisher-v-university-of-texas.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">filed a brief<\/a>&nbsp;in support of a petitioner challenging a University of Texas affirmative action program, which it called a \u201cback-door\u201d and secretive process. Clarence Thomas and Alito agreed it was \u201ccategorically unconstitutional.\u201d The court\u2019s majority disagreed, but later, in 2023, a more conservative court would adopt the position advocated by JEP.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Curbing oversight<\/h3>\n\n\n\n<p><strong>Efforts to determine who was<\/strong>&nbsp;funding such advocacy, and whether they had direct interest in the cases, are complicated by gaps in disclosure rules and oversight of nonprofit groups. The rules governing such groups were designed for traditional charities such as Kiwanis Clubs or PTAs. But once activist groups started organizing under the same tax provisions, the IRS was forced to become the arbiter of what constituted politics and what did not.<\/p>\n\n\n\n<p>Since JEP was registered as a charity, \u201c<a href=\"https:\/\/www.irs.gov\/charities-non-profits\/charitable-organizations\/exemption-requirements-501c3-organizations#:~:text=To%20be%20tax%2Dexempt%20under,any%20private%20shareholder%20or%20individual.\" target=\"_blank\" rel=\"noreferrer noopener\">the [IRS] limitations<\/a>&nbsp;are very clear that you can\u2019t do anything engaged in politics\u201d and cannot organize a nonprofit for the benefit of any private interest or individual, said John Koskinen, a former IRS commissioner from 2013 to 2017 who reviewed the paperwork provided by POLITICO. Though such groups can engage in advocacy and limited lobbying, they are prohibited from participating in campaigns for or against political candidates.<\/p>\n\n\n\n<p>Those who claimed the IRS wasn\u2019t properly scrutinizing such groups quickly ran into a powerful countermovement claiming the opposite.<\/p>\n\n\n\n<p>Mitchell, the lawyer who had helped Thomas set up her own ill-fated nonprofit,&nbsp;<a href=\"https:\/\/www.nbcnews.com\/id\/wbna51987460\" target=\"_blank\" rel=\"noreferrer noopener\">began championing<\/a>&nbsp;a public relations offensive to combat IRS scrutiny of the same nonprofits her allies were erecting. She claimed that the tax agency, then overseen by the Obama administration, was disproportionately targeting conservative groups and&nbsp;<a href=\"https:\/\/www.washingtonpost.com\/opinions\/steps-to-remedy-the-wrongs-of-the-irs\/2013\/05\/16\/ed8b1150-be4b-11e2-9b09-1638acc3942e_story.html\" target=\"_blank\" rel=\"noreferrer noopener\">called for an independent counsel<\/a>.<\/p>\n\n\n\n<p>The agency \u201cis so corrupt and so rotten to the core that it cannot be salvaged,\u201d&nbsp;<a href=\"https:\/\/www.washingtonpost.com\/investigations\/fallout-from-allegations-of-tea-party-targeting-hamper-irs-oversight-of-nonprofits\/2017\/12\/17\/6403c1c0-c59e-11e7-a441-3a768c8586f1_story.html\" target=\"_blank\" rel=\"noreferrer noopener\">Mitchell said in 2014<\/a>.<\/p>\n\n\n\n<p>A two-year investigation by the Department of Justice \u201c<a href=\"https:\/\/www.cnn.com\/2015\/10\/23\/politics\/lois-lerner-no-charges-doj-tea-party\/index.html\" target=\"_blank\" rel=\"noreferrer noopener\">found no evidence<\/a>&nbsp;that any IRS official acted based on political, discriminatory, corrupt or other inappropriate motives\u201d and closed with no charges. It did find \u201csubstantial evidence of mismanagement, poor judgment and institutional inertia\u201d as IRS officials cut corners to deal with an explosion of Tea Party-aligned nonprofit applications similar to Thomas\u2019 group. But it also found that some progressive groups experienced similar processing delays and extra scrutiny.<\/p>\n\n\n\n<p>Thereafter, the division that polices such nonprofits&nbsp;<a href=\"https:\/\/www.washingtonpost.com\/investigations\/fallout-from-allegations-of-tea-party-targeting-hamper-irs-oversight-of-nonprofits\/2017\/12\/17\/6403c1c0-c59e-11e7-a441-3a768c8586f1_story.html\" target=\"_blank\" rel=\"noreferrer noopener\">was effectively neutered<\/a>&nbsp;by budget cuts. Audit rates plunged as the division became overwhelmed by hundreds of new nonprofits supposedly doing charitable and educational work but actually doing mostly political work. Clawing back funding for the IRS remains a top demand of conservative lawmakers&nbsp;<a href=\"https:\/\/rollcall.com\/2023\/06\/05\/irs-budget-battle-not-over-after-debt-ceiling-agreement\/\" target=\"_blank\" rel=\"noreferrer noopener\">in annual congressional budget negotiations<\/a>.<\/p>\n\n\n\n<p>The timing of the campaign against the IRS was no coincidence, said Koskinen, the former IRS commissioner who was in office during that period in the Obama administration.<\/p>\n\n\n\n<p>\u201cIt shouldn\u2019t surprise anyone that some of the people attacking the IRS and supporting cuts to its budget after 2010 were the same people pushing the envelope of how to move \u2018dark money\u2019 around to maximize its political effect,\u201d Koskinen said. \u201cThe fewer auditors the IRS had, the lower the odds of being caught.\u201d<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Backing Trump<\/h3>\n\n\n\n<p><strong>The election of Donald Trump<\/strong>&nbsp;in 2016 opened the door to countless new opportunities for the burgeoning conservative legal movement.<\/p>\n\n\n\n<p>Leo himself had played a strong role in ensuring Trump\u2019s election. When conservatives expressed doubts about the surprise GOP nominee, Leo helped reassure them by persuading Trump to commit to choosing Supreme Court nominees from a list that Leo himself drafted.<\/p>\n\n\n\n<p>Then, after Trump\u2019s victory, Leo worked hard to ensure that the president followed through.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.politico.com\/dims4\/default\/687e3fd\/2147483647\/strip\/true\/crop\/2485x1657+0+0\/resize\/630x420!\/quality\/90\/?url=https%3A%2F%2Fstatic.politico.com%2F85%2Fda%2F75acdfb748b09506950622ebb0d5%2Fgettyimages-1229299871.jpg\" alt=\"Then-President Donald Trump applauds Judge Amy Coney Barrett.\" title=\"Then-President Donald Trump applauds Judge Amy Coney Barrett.\"\/><figcaption class=\"wp-element-caption\">Leonard Leo used his dark-money groups to fund campaigns urging the confirmation of conservative justices, including Amy Coney Barrett. | Brendan Smialowski\/AFP<\/figcaption><\/figure>\n\n\n\n<p>When Conway joined the White House as an adviser to new president, with a hand in judicial nominations, Leo&nbsp;<a href=\"https:\/\/www.politico.com\/news\/2022\/12\/20\/trump-conway-leonard-leo-00074690\" target=\"_blank\" rel=\"noreferrer noopener\">helped facilitate the sale<\/a>&nbsp;of her polling firm to a Virginia company where he is now chairman.<\/p>\n\n\n\n<p>Leo\u2019s closeness to the White House sparked a fresh surge in donations to his network. In 2020, he announced JEP was being rebranded as the 85 Fund, and its annual fundraising&nbsp;<a href=\"https:\/\/www.documentcloud.org\/documents\/21164749-the-85-fund-2020-990\" target=\"_blank\" rel=\"noreferrer noopener\">skyrocketed to $65.7 million<\/a>.<\/p>\n\n\n\n<p>That year also marked the ultimate triumph of the conservative legal movement, as the confirmation of Justice Amy Coney Barrett established a 6-3 majority of justices aligned with Leo\u2019s Federalist Society. Leo&nbsp;<a href=\"https:\/\/www.levernews.com\/how-dark-money-bought-a-supreme-court-seat\/\" target=\"_blank\" rel=\"noreferrer noopener\">used his dark-money groups<\/a>&nbsp;to fund campaigns urging the confirmation of those justices, including Barrett.<\/p>\n\n\n\n<p>Then, as Trump approached a difficult re-election campaign in 2020, the 85 Fund created a subgroup, The Honest Elections Project, dedicated to&nbsp;<a href=\"https:\/\/www.opensecrets.org\/news\/2020\/05\/conservative-dark-money-network-voting-restrict\/\" target=\"_blank\" rel=\"noreferrer noopener\">amplifying claims<\/a>&nbsp;of Democrats cheating in elections and pushing for voting restrictions.<\/p>\n\n\n\n<p>Since Trump\u2019s defeat, the Honest Elections Project has seized on momentum created by his unfounded claims of a stolen election to push anti-fraud measures that critics say will make voting harder for everyone.<\/p>\n\n\n\n<p>\u201cTens of millions of voters harbor grave doubts about the future legitimacy of the democratic process,\u201d the group says on its website. \u201cThey expect voting to be secure, accessible, and honest \u2014 even in a pandemic. What they got was an election marred by dysfunction, hundreds of agenda-driven progressive lawsuits that undermined voting safeguards, and a system that in many places failed to deliver prompt results. That is not how elections are supposed to work.\u201d<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">A growing network<\/h3>\n\n\n\n<p><strong>The Honest Elections Project is now&nbsp;<\/strong>just one limb of Leo\u2019s fast-growingoperation, fortified by what is believed to be the largest political donation in history: $1.6 billion from 91-year-old&nbsp;<a href=\"https:\/\/www.politico.com\/news\/2023\/05\/02\/leonard-leo-federalist-society-00094761\" target=\"_blank\" rel=\"noreferrer noopener\">manufacturing magnate Barre Seid<\/a>.<\/p>\n\n\n\n<p>But with that immense war chest has come further scrutiny of the network\u2019s spending. In March, POLITICO reported that since Leo became chairman of the for-profit CRC Advisors in 2020, the JEP and another Leo-affiliated group has paid the firm at least $43 million. A few weeks later, a progressive watchdog group filed a complaint with the D.C. attorney general and the IRS requesting a probe into what services were provided and whether Leo was in violation of laws against using charities for personal enrichment.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.politico.com\/dims4\/default\/636526b\/2147483647\/strip\/true\/crop\/3876x2232+0+0\/resize\/1218x701!\/quality\/90\/?url=https%3A%2F%2Fstatic.politico.com%2F8e%2F81%2Fb5f60d49450fadc7f777bb0d7203%2Fap551030485075.jpg\" alt=\"Justice Samuel Alito, left, chats with Ronald Cass.\" title=\"Justice Samuel Alito, left, chats with Ronald Cass.\"\/><figcaption class=\"wp-element-caption\">Ronald Cass\u2019 nonprofit, The Center for the Rule of Law, took in nearly $7 million from JEP, according to tax filings. | Stephan Savoia\/AP Photo<\/figcaption><\/figure>\n\n\n\n<p>The probe is ongoing, and a lawyer for the Leo-affiliated groups involved called the complaint \u201csloppy, deceptive and legally flawed.\u201d<\/p>\n\n\n\n<p>Leo did not respond previously over multiple weeks to requests for information about&nbsp;<a href=\"https:\/\/www.politico.com\/news\/2023\/03\/01\/dark-money-leonard-leo-judicial-activism-00084864\" target=\"_blank\" rel=\"noreferrer noopener\">what services the public relations<\/a>&nbsp;firm provided to his nonprofits.<\/p>\n\n\n\n<p>He wasn\u2019t alone in declining to do so.<\/p>\n\n\n\n<p>Other Leo allies have nonprofits and have declined comment to POLITICO on what services they provided in exchange for millions of dollars, including Ronald Cass, a Boston University law school dean emeritus who runs a nonprofit registered to his home address in Virginia called The Center for the Rule of Law.<\/p>\n\n\n\n<p>Among the nation\u2019s highest-paid law school deans at the time,&nbsp;<a href=\"https:\/\/www.bu.edu\/bridge\/archive\/2004\/04-16\/cass.html\" target=\"_blank\" rel=\"noreferrer noopener\">Cass resigned his position<\/a>&nbsp;in 2004 amid&nbsp;<a href=\"http:\/\/archive.boston.com\/news\/education\/higher\/articles\/2004\/03\/02\/silence_speaks_to_bus_lack_of_accountability\/\" target=\"_blank\" rel=\"noreferrer noopener\">controversy over promising $36 million<\/a>&nbsp;for a new law school building that didn\u2019t fully materialize.<\/p>\n\n\n\n<p>Leo was best man at Cass\u2019 wedding and, in 2018, when&nbsp;<a href=\"https:\/\/www.alamy.com\/daniella-helena-cass-of-virginia-attends-the-64th-international-debutante-ball-held-at-the-pierre-hotel-in-new-york-ny-on-december-29-2018-photo-by-anthony-beharsipa-usa-image410785902.html\" target=\"_blank\" rel=\"noreferrer noopener\">Cass\u2019 daughter<\/a>&nbsp;was a debutante featured at one of the nation\u2019s most exclusive galas, Leo and his wife Sally were among the attendees. Cass was also a&nbsp;<a href=\"https:\/\/www.acus.gov\/newsroom\/news\/acus-honors-late-supreme-court-justice-antonin-scalia\" target=\"_blank\" rel=\"noreferrer noopener\">longtime friend<\/a>&nbsp;of Justice Antonin Scalia. In a sign of the family\u2019s proximity to the Supreme Court, Cass was the master of ceremonies at a July 2016 dinner honoring Scalia\u2019s memory. (Leo and Cass both sat at ClarenceThomas\u2019 VIP table according to&nbsp;<a href=\"https:\/\/ia803107.us.archive.org\/33\/items\/GMUFOIACharlesKochFoundationFull\/GMU%20FOIA%20Charles%20Koch%20Foundation%20Full.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">a seating chart<\/a>.) Cass\u2019 daughter is&nbsp;<a href=\"https:\/\/www.law.upenn.edu\/live\/news\/14553-daniella-cass-c19-l22-to-clerk-for-justice-samuel\" target=\"_blank\" rel=\"noreferrer noopener\">slated to clerk<\/a>&nbsp;for Alito.<\/p>\n\n\n\n<p>Cass\u2019 group, described as an independent \u201ccenter of international scholars analyzing rule of law issues,\u201d doesn\u2019t have much of a footprint. His wife, Susan, is the only other principal officer listed on paperwork filed in Virginia.<\/p>\n\n\n\n<p>Between 2013 and 2021, Cass\u2019 nonprofit took in nearly $7 million from JEP, according to tax filings. Yet POLITICO did not find a record of the annual paperwork the IRS requires of grantees detailing revenues and expenditures. Further, the group\u2019s tax-exempt status had been auto-revoked by the IRS in 2011, the documents show.<\/p>\n\n\n\n<p>Unless an exception is granted, the IRS requires such organizations&nbsp;<a href=\"https:\/\/www.irs.gov\/pub\/irs-pdf\/p4839.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">to file the forms<\/a>&nbsp;to keep their tax-exempt status, and all charitable grantors like JEP are required by federal and state laws to ensure grantees are using funds for charitable or educational purposes.<\/p>\n\n\n\n<p>If Cass were running a charitable organization, as indicated on JEP\u2019s annual filings for several years, it should have been filing the IRS forms. If not, it should have paid tax as a for-profit entity, said Koskinen.<\/p>\n\n\n\n<p>Ronald and Susan Cass did not respond to multiple emails seeking comment about whether their organization paid tax, a record that is not subject to public disclosure.<\/p>\n\n\n\n<p>In addition, Cass and Leo have both declined to comment on the nature of Cass\u2019 services since POLITICO&nbsp;<a href=\"https:\/\/www.politico.com\/news\/2023\/03\/01\/dark-money-leonard-leo-judicial-activism-00084864\" target=\"_blank\" rel=\"noreferrer noopener\">first reported in March<\/a>&nbsp;about sizable payments received by his Center for the Rule of Law.<\/p>\n\n\n\n<p>\u201cMr. Cass is a recognized expert across a wide variety of legal topics such as administrative law, antitrust, constitutional law, intellectual property, international trade and the legal process,\u201d said the Leo spokesman. \u201cAny organization would be fortunate to work with Mr. Cass and his wealth of knowledge.\u201d<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Pushing for answers<\/h3>\n\n\n\n<p><strong>Philip Hackney, an expert on&nbsp;<\/strong>tax law and charities who worked in the Office of the Chief Counsel at the IRS under former Presidents George W. Bush and Obama, said he thinks the payments to Cass\u2019 group merit further investigation.<\/p>\n\n\n\n<p>\u201cIt\u2019s not a small amount of money going to an organization that lost their tax-exempt status, and they started paying them after they lost their tax-exempt status,\u201d said Hackney, who is now a professor at the University of Pittsburgh. \u201cThis is not a good look.\u201d<\/p>\n\n\n\n<p>Ellen Aprill, a tax law professor at Loyola Law School in Los Angeles who reviewed the same documents, called the filings \u201cespecially odd,\u201d while cautioning further facts are needed before judging whether they are \u201cinconsistent with the rule of law.\u201d<\/p>\n\n\n\n<p>Such potential IRS filing inconsistencies, JEP\u2019s reactivation at the time when Thomas\u2019 own nonprofit experiment fell apart and the large sums JEP has taken in and paid out make a compelling case for a closer look at how much money Thomas may have received from Leo-affiliated sources, said Eric Havian, a San Francisco attorney who has represented whistleblowers for more than 25 years and reviewed tax records at POLITICO\u2019s request.<\/p>\n\n\n\n<p>Whatever the state of their financial dealings, the personal and professional relationship between Thomas and Leo clearly remains strong.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.politico.com\/dims4\/default\/fb8ed9f\/2147483647\/strip\/true\/crop\/5101x3401+0+0\/resize\/1218x812!\/quality\/90\/?url=https%3A%2F%2Fstatic.politico.com%2F9b%2Fb8%2Fd7c8cbab4de4a183b349fe0aca1b%2Fgettyimages-1236038533.jpg\" alt=\"Justice Clarence Thomas (right) sits with his wife Ginni Thomas.\" title=\"Justice Clarence Thomas (right) sits with his wife Ginni Thomas.\"\/><figcaption class=\"wp-element-caption\">Last year, Ginni Thomas came under fire over text messages revealing she pressured the Trump White House to overturn the 2020 election, a move that put renewed scrutiny on her husband. | Drew Angerer\/Getty Images<\/figcaption><\/figure>\n\n\n\n<p>Last year, Thomas came under fire over text messages revealing she pressured the Trump White House to challenge the 2020 election, a move that put renewed scrutiny on her husband, who had participated in cases related to the election<strong>.<\/strong>&nbsp;A day before the news broke, the Judicial Crisis Network, another part of Leo\u2019s nonprofit constellation that is headed by Severino, launched a&nbsp;<a href=\"https:\/\/www.prnewswire.com\/news-releases\/jcn-launches-campaign-highlighting-ketanji-brown-jackson-saying-she-doesnt-understand-clarence-thomas-301509443.html\" target=\"_blank\" rel=\"noreferrer noopener\">$1.5 million ad buy<\/a>&nbsp;entitled&nbsp;<a href=\"https:\/\/www.youtube.com\/watch?v=GK7vj0WkwpE\" target=\"_blank\" rel=\"noreferrer noopener\">\u201cMisunderstood\u201d that<\/a>&nbsp;promoted Clarence Thomas and his judicial record.<\/p>\n\n\n\n<p>Leo\u2019s firm CRC Advisors has&nbsp;<a href=\"https:\/\/www.thedailybeast.com\/supreme-court-justice-clarence-thomas-strange-pick-to-promote-his-book-says-it-all\" target=\"_blank\" rel=\"noreferrer noopener\">reportedly been the registered agent<\/a>&nbsp;for several web domains related to ClarenceThomas and was responsible for promoting a PBS documentary on his life and audio and Kindle releases of his memoir.<\/p>\n\n\n\n<p>In 2017, a conservative&nbsp;<a href=\"https:\/\/pjmedia.com\/news-and-politics\/pj-staff\/2017\/12\/07\/conservative-group-honors-heroes-liberty-n54911\" target=\"_blank\" rel=\"noreferrer noopener\">news site published<\/a>&nbsp;remarks from what was supposed to be a private confab of conservative luminaries attending an awards ceremony honoring \u201cheroes of liberty.\u201d Ginni Thomas presented the newly created awards, including one to her one-time nonprofit business partner.https:\/\/www.youtube.com\/embed\/EtZY2jEMhIw?si=-LIzzZ55pG4wzEOd<\/p>\n\n\n\n<p>In introducing him, Thomas said Leo has \u201csingle-handedly changed the face of the judiciary,\u201d and described him as a \u201cdisciplined strategist,\u201d \u201cwonderful father\u201d and \u201cmentor to me.\u201d<\/p>\n\n\n\n<p>Thomas also gave a nod to Leo\u2019s role as a behind-the-scenes player.<\/p>\n\n\n\n<p>\u201cHe has many hats,\u201d she said. \u201cThat isn\u2019t even all he does. He doesn\u2019t really tell all that he does.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Thanks to the Supreme Court\u2019s Citizens United ruling, a trove of so-called \u201cdark money\u201d was about to be unleashed. Two activists prepared to seize the moment. Leonard Leo\u2019s role as the central figure in the conservative legal movement has long been known, culminating in his acquisition last year of what&#8230; <a class=\"continue-reading-link\" href=\"https:\/\/occupysf.net\/index.php\/2023\/09\/12\/what-ginni-thomas-and-leonard-leo-wrought-how-a-justices-wife-and-a-key-activist-started-a-movement\/\"> Continue reading <span class=\"meta-nav\">&rarr; <\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[1057],"_links":{"self":[{"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts\/28423"}],"collection":[{"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/comments?post=28423"}],"version-history":[{"count":1,"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts\/28423\/revisions"}],"predecessor-version":[{"id":28424,"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts\/28423\/revisions\/28424"}],"wp:attachment":[{"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/media?parent=28423"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/categories?post=28423"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/tags?post=28423"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}