Billionaire Harlan Crow bought property from Clarence Thomas in an undisclosed deal

April 17, 2023

In 2014, one of Texas billionaire Harlan Crow’s companies purchased a string of properties on a quiet residential street in Savannah, Georgia. It wasn’t a marquee acquisition for the real estate magnate—just an old single-story home and two vacant lots down the road. What made it noteworthy were the people on the other side of the deal: Supreme Court Justice Clarence Thomas and his relatives, ProPublica first exclusively reported.

The transaction marks the first known instance of money flowing from the Republican megadonor to the Supreme Court justice. The Crow company bought the properties for $133,363 from three co-owners—Thomas, his 94-year-old mother, and the family of Thomas’ late brother, according to a state tax document and a deed dated October 15, 2014, filed at the Chatham County courthouse.

The purchase put Crow in an unusual position: He had gained ownership of the house where the justice’s elderly mother was living—and continues to live today, according to neighbors. It has not been established whether she pays rent to Crow, an article posted by HuffPost now reports.

Soon after the sale was completed, contractors began work on tens of thousands of dollars of improvements on the two-bedroom, one-bathroom home, which looks out onto a patch of orange trees. The renovations included a carport, a repaired roof, and a new fence and gates, according to city permit records and blueprints.

A federal disclosure law passed after Watergate requires justices and other officials to disclose the details of most real estate sales over $1,000. Thomas never disclosed his sale of the Savannah properties. That appears to be a violation of the law, four ethics law experts told ProPublica.

The disclosure form Thomas filed for that year also had a space to report the identity of the buyer in any private transaction, such as a real estate deal. That space is blank.

“He needed to report his interest in the sale,” said Virginia Canter, a former government ethics lawyer now at the watchdog group CREW. “Given the role Crow has played in subsidizing the lifestyle of Thomas and his wife, you have to wonder if this was an effort to put cash in their pockets.”

Thomas did not respond to detailed questions for this story.

In a statement, Crow said he purchased Thomas’ mother’s house, where Thomas spent part of his childhood, to preserve it for posterity. “My intention is to one day create a public museum at the Thomas home dedicated to telling the story of our nation’s second black Supreme Court Justice,” he said. “I approached the Thomas family about my desire to maintain this historic site so future generations could learn about the inspiring life of one of our greatest Americans.”

Crow’s statement did not directly address why he also bought two vacant lots from Thomas down the street. But he wrote that “the other lots were later sold to a vetted builder who was committed to improving the quality of the neighborhood and preserving its historical integrity.”

ProPublica also asked Crow about the additions on Thomas’ mother’s house, like the new carport. “Improvements were also made to the Thomas property to preserve its long-term viability and accessibility to the public,” Crow said.

Ethics law experts said Crow’s intentions had no bearing on Thomas’ legal obligation to disclose the sale.

The justice’s failure to report the transaction suggests “Thomas was hiding a financial relationship with Crow,” said Kathleen Clark, a legal ethics expert at Washington University in St. Louis who reviewed years of Thomas’ disclosure filings.

There are a handful of carve-outs in the disclosure law. For example, if someone sells “property used solely as a personal residence of the reporting individual or the individual’s spouse,” they don’t need to report it. Experts said the exemptions clearly did not apply to Thomas’ sale.

The revelation of a direct financial transaction between Thomas and Crow casts their relationship in a new light. ProPublica reported last week that Thomas has accepted luxury travel from Crow virtually every year for decades, including private jet flights, international cruises on the businessman’s superyacht and regular stays at his private resort in the Adirondacks. Crow has long been influential in conservative politics and has spent millions on efforts to shape the law and the judiciary. The story prompted outcry and calls for investigations from Democratic lawmakers.

In response to that reporting, both Thomas and Crow released statements downplaying the significance of the gifts. Thomas also maintainedthat he wasn’t required to disclose the trips.

“Harlan and Kathy Crow are among our dearest friends,” Thomas wrote. “As friends do, we have joined them on a number of family trips.” Crow told ProPublica that his gifts to Thomas were “no different from the hospitality we have extended to our many other dear friends.”

Research contact: @ProPublica