Conservative leaders are blasting Democrats for taking an unprecedented step by voting to subpoena private citizens as part of their overarching effort of “reverse court-packing,” targeting Supreme Court justices they “don’t like.”
The vote occurred on Thursday as Democrats on the Senate Judiciary Committee made history, opting to subpoena Harlan Crow and Leonard Leo, friends of conservative Supreme Court Justices Clarence Thomas and Samuel Alito. This might mark the first time the committee has voted to subpoena a private citizen detached from legislative debate, doing so as part of their overarching effort to target conservative justices:
#BREAKING: The U.S. Senate Judiciary Committee has voted to subpoena GOP billionaire Harlan Crow and @FedSoc chairman Leonard Leo in its investigation into #SCOTUS ethics.
— Katie Buehler (@bykatiebuehler) November 30, 2023
Republican senators walked out of the committee room during the vote, per @courtneybuble.
Both chairman Dick Durbin (D-IL) and Sen. Sheldon Whitehouse (D-RI) have led the effort, and as Breitbart News reported, they are hoping to access 25 years of travel and financial records. However, these subpoenas come although the Senate Judiciary Committee has already voted a SCOTUS ethics code bill out of committee. Therefore, the committee’s legislative work is essentially finished, and there is no need for additional documents.
Additionally, it is unconstitutional for Congress to impose ethics codes on the Supreme Court, as they are separate, coequal branches of government under the Constitution. Essentially, Democrats are attempting to disqualify conservative justices from key cases, which would result in leftist rulings.
Republicans, however, have already warned that they are ready to retaliate with up to 150 subpoenas on liberals if Senate Democrats proceed with their plans to subpoena private citizens in their efforts to discredit the Supreme Court justices.
“Democrats are breaking the Senate Judiciary Committee rules to issue subpoenas as part of a witch hunt against Supreme Court justices they don’t like,” Sen. Mike Lee (R-UT) said following the vote:
Democrats are breaking the Senate Judiciary Committee rules to issue subpoenas as part of a witch hunt against Supreme Court justices they don’t like. pic.twitter.com/J4xquc8HED
— Mike Lee (@SenMikeLee) November 30, 2023
Sen. Lindsey Graham (R-SC) also lashed out, highlighting that “there is not an ounce of legislative purpose” in these subpoenas.
“You made me and everybody on this side fight back, because we believe what you’re doing is politically motivated. There is not an ounce of legislative purpose in these subpoenas because if you really gave a damn about legislation to fix the problem, you would bring the bill up to the floor that has passed this committee,” Graham said.
“So yeah, this is really bad, Sen. Kennedy. There is no limit to it. I hope you’re satisfied over there,” he said:
“We believe what you are doing is politically motivated. There’s not an ounce of legislative purpose in these subpoenas because if you really gave a damn about legislation to fix the problem, you would bring the bill up to the floor that has passed this committee, so yeah, this… pic.twitter.com/O2pPbcIGd5
— Carrie Severino (@JCNSeverino) November 30, 2023
Judicial Crisis Network President Carrie Severino also weighed in on the Democrats’ move, stating, “By completely disregarding a host of Senate rules to force an illegal vote on the subpoenas of private individuals, Dick Durbin makes Joe McCarthy look like a moderate”:
By completely disregarding a host of Senate rules to force an illegal vote on the subpoenas of private individuals, Dick Durbin makes Joe McCarthy look like a moderate.
— Carrie Severino (@JCNSeverino) November 30, 2023
Conservative columnist and former Ohio State Treasurer and Secretary of State Ken Blackwell said in a statement that “Congress’s weaponizing its subpoena power to go after political conservatives is a gross abuse of power.”
“All Americans should reject this underhanded attempt to subvert the Supreme Court’s status as a separate branch independent from Congress that endangers everyone’s constitutional rights,” Blackwell, who also serves as a senior fellow at the Family Research Council, added.
Sen. Ted Cruz (R-TX) eviscerated Democrats for the sheer hypocrisy, as they sign off on judges who are wildly leftist and spend their days targeting conservative judges they do not like.
“The Constitution gives this body the power of advice and consent. But it only works if people have the backbone to use it. If you view your job as, ‘I’m a rubber stamp for the Biden White House, whoever they send us,’ look, the Democrats on this committee have already signed off on three nominees to the Department of Justice who want to abolish the police,” he said.
“You’ve already signed off on a radical judge who describes himself in his own words as a quote wild-eyed liberal, says he wakes up every morning motivated by hatred for conservatives. He’s a federal judge in New York. God help you if you’re a conservative and you’re in his court,” he said.
“You go sit there: ‘Your Honor.’ You realize ‘Your Honor’ woke up that morning motivated by hatred of you. But every Democrat thought that was fine. ‘That looks like a good judge to us,'” he added:
WATCH:
— Carrie Severino (@JCNSeverino) November 30, 2023
Senator @TedCruz rips apart Senate Democrats for consistently serving as rubber stamps for some of the most unqualified and unfit federal judges in the history of our country. pic.twitter.com/lHA1IvzuxF
Crow’s office criticized the committee for the “unlawful and partisan nature of the investigation” but said he would be willing to “engage with the Committee in good faith.”
The statement read:
The Judiciary Committee Democrats’ violation of the Committee’s own rules to issue an invalid subpoena further demonstrates the unlawful and partisan nature of this investigation. Despite the unenforceability of the subpoena, Mr. Crow remains willing to engage with the Committee in good faith, just as he has consistently done throughout this process.
Mr. Crow offered extensive information responsive to the Committee’s requests despite his strong objections to its necessity and legality. So far, Committee Democrats have been dismissive of Mr. Crow’s good faith offer and unwilling to engage in constructive dialogue.
Committee Democrats have made intrusive demands of a private citizen that far exceed any reasonable standard and to this date have not explained why this request is necessary to craft legislation, particularly now that the Committee has completed its work on ethics legislation. Still, Mr. Crow maintains his readiness to discuss the matter further with the Committee.”—Statement from the Office of Harlan Crow
Leo, who is cochairman of the nonprofit organization Federalist Society — which is devoted to advancing originalism — said in a statement that he will “not cooperate with this unlawful campaign of political retribution”:
JUST IN: Leonard Leo says in a statement he won't be complying with any congressional subpoena. pic.twitter.com/ubnuLhbGL5
— Katie Buehler (@bykatiebuehler) November 30, 2023