Archive for June, 2024

Is the friendship between Harlan Crow and Clarence Thomas a grave error in judgement, or abject corruption?

Monday, June 10th, 2024

From 2017 through 2020, I chaired the Board of what became a $2 billion Massachusetts non-profit health care company (I retired at the end of 2020). I had been a founding Director in 2003. All the company’s revenue came from Medicare and Medicaid.

The Directors were not paid. We did it for the love of the work, which was helping poor, sick people become more healthy, thereby lowering their health care costs. The company did well by doing good.

At one of our meetings, I think it was the one where our CFO reported annual revenue of perhaps $1.6 billion, I suggested to the group that it might be time to begin paying Directors a modest stipend.

There was instant silence. Then our General Counsel said, “Tom, the optics. We can’t take that risk.”

She was right. Upon further discussion and thought, we all agreed that the last thing we needed was to see the name of  the wonderful organization we loved on the front page of the Boston Globe above the fold — in a bad light. Optics.

This stipend discussion came to mind as I thought about the relationship between Supreme Court Justice Clarence Thomas and real estate billionaire Harlan Crow.

ProPublica, an investigative journalism enterprise, like a dog with a great big, juicy bone, has, over the last year, uncovered at least 38 instances over nearly three decades of Mr. Crow hosting luxury vacations and events for Justice Thomas and his wife, Ginni, who has distinguished herself as a far-right, extremist backer of Donald Trump’s “Stop the Steal” insurrectional movement.¹ Crow’s generosity includes trips aboard his Bombardier Global 5000 private jet and his 162-foot super-yacht, as well as stays at resorts most Americans could never afford. Consulting with travel experts, ProPublica estimated if the Thomas couple had to pay for all this themselves, it would cost into the millions. Justice Thomas’s Supreme Court salary is $285,400.

The problem the ProPublica journalists pointed out is that Justice Thomas never reported any of this on his yearly financial disclosure forms he and the other Justices are required to file.

And that is when the fecal matter hit the whirring instrument full on.

Thomas defended himself by saying he followed the Court’s rules in everything he reported. He sought guidance from the Court’s ethics officials. He did nothing wrong.

But last week things got worse when Justice Thomas revealed he had “inadvertently” neglected to report two other extravagant vacations with Mr. Crow.

The reactions to this continuing story have been what you’d expect. Thomas haters had more grist for their mills, and his allies cried foul. And, while I confess to deploring the Justice’s ideological bent, as well as his wife’s extremist leanings, and while to this day I continue to believe Anita Hill, I thought the story could not possibly be as binary as was being portrayed; there must be more there.

And the “there” I was looking for was all about Harlan Crow, the Dallas billionaire who was being made out to be a corrupting influence eating away at Supreme Court decisions. I began to read everything I could about him, and have now come to believe that, although the optics are terrible and two smart people made grave errors in judgement, Harlan Crow is anything but a corrupting influence. I write this because of who Harlan Crow is and has been for his seventy-plus years.

In a May, 2023, interview with The Atlantic’s Graeme Wood shortly after the ProPublica story broke, Crow kept insisting, “that he has little power over the American political scene.” Even with his fantastic wealth, he said he was incapable of preventing the rise of the politicians he most abhors, in particular Donald Trump and his sycophantic MAGA followers in Congress. Harlan Crow, although a decided conservative — old school, through and through — is a committed “Never Trumper,” who has proudly self-diagnosed himself with “Trump derangement syndrome.” He is also a backer of the “No Labels” movement, a quixotic, even foolhardy, attempt to find someone, anyone politically center-right, who could run against both Biden and Trump and who could garner support across party lines. He also supports legal access to abortion.

In an email to Wood, Crow wrote, “Trump is a man without any principles at all. Bernie Sanders has principles; I just think they’re wrong. Trump doesn’t have any.”

And Crow is a strong supporter of U.S. and NATO aid to Ukraine. “The Ukrainians’ courage is unique in recent history,” he wrote to Wood. “I believe they’ve earned the right to their own independence.”

Harlan Crow naively believes that a rich man and a Supreme Court justice can just be friends — with, he admits, some benefits only the super wealthy can offer. He sees nothing wrong with that.

Still, he admits his friendship with Thomas is indeed “ironic.” Crow grew up amid a family full of silver spoons. Crow’s father, Trammell, who died in 2009, was at one point described in the press as the largest private landowner in the United States. Clarence Thomas did not see an indoor toilet until late in childhood. Crow believes Thomas’s rise from poverty highly admirable and considers him “a person of the highest character.”

The two most important words in Harlan Crow’s personal lexicon are character and integrity. He staunchly maintains, “I have never, nor would I ever, think about talking about matters that relate to the judiciary with Justice Clarence Thomas. It would be wrong. From my point of view, that is off limits. He and I don’t go there.”

In an interview with Rose Hasham of the Harvard Business School’s Club of Dallas, Rasham asked him a series of rapid-fire questions she had prepared. Here are some of them with Crow’s instant answers.

RH: What do you hope your kids learn from you?
HC: Integrity

RH: What’s something your kids have taught you?
HC: Patience

RH: What would your wife say are your top three strengths?
HC: Creativity, patience, and candor

RH: What is the best real-estate advice that you have received?
HC: Share your success.

RH: What is the secret to making good deals in business?
HC: Make sure the other guy wins.

I come away from this affair thinking two things. First, Harlan Crow, who calls himself “a regular guy,” is a decent, patriotic man of good character who was just looking for a friend, albeit with all the delusional naivete a supremely wealthy person can hold. Second, there is fault here, great fault, and it rests with Clarence Thomas, who, as a Supreme Court Justice, should have realized long ago how this would eventually unfold. Perhaps their relationship, begun more than twenty years ago, began innocently, and perhaps it still is, but, as our General Counsel reminded me when I was about to stray from the path of light, “It’s the optics, Tom. The optics.”

____________________

¹ On March 24th, the Washington Post and CBS News revealed they had obtained copies of twenty-nine text messages between Ginni Thomas and Mark Meadows, the Trump White House chief of staff, in which she militated relentlessly for invalidating the results of the Presidential election, which she described as an “obvious fraud.”

Roy Cohn and Donald Trump: A match made in hell.

Friday, June 7th, 2024

James Madison and America’s other Founding Fathers were educated elites who were deeply schooled in the ancient Greek and Roman concept of virtue.

Today, virtue embodies  the idea of personal morality. For the Founders this was not the case. To them, virtue was a critical concept that meant serving the public good. They derived this from their study of the Romans and Greeks as sifted through the lens of the eighteenth century’s Scottish Enlightenment, with a healthy dose of Baron de Montesquieu folded in. At Harvard, William & Mary, and Princeton, John Adams, Thomas Jefferson and Madison studied Tacitus, Cicero and even Xenophon for guidance as they developed into the leaders they became. Each of them understood that virtue was a desired end to everything they did publicly. It was the greatest good for the greatest number. It became their North Star.

The same held true for George Washington, who never had the education the others had, but through experience and the thoughtful analysis of his own character, became the leader Adams, Jefferson, and Madison, for all their education, could never be. It was Washington who, at the age of 14, copied out a small tract of rules to live by, signed his name to it, and called it Rules of Civility. Washington embodied virtue without having had it drilled into him at a college he never attended.

But the Founders recognized that the democratic republic they were creating was susceptible to corrupt ideas and people. That realization is the basis for their fervent belief that for government to function as they had envisioned, they must create a series of checks and balances.

In Federalist 51, James Madison, looking through a glass darkly into the future, emphasized how checks and balances were crucial to offset the self-interest of factions. “Ambition must be made to counteract ambition,” he wrote. He concluded that thought with one of his wiser observations, “If men were angels, no government would be necessary.”

Which brings us to 2024, Donald Trump’s felony conviction in New York, his nonetheless adoring MAGA cult, Washington’s sycophantic Republican politicians, and the nation’s greatest factional split since the Civil War.

Yet, the Donald Trump the world sees today, the Donald Trump schooled by his profiteering New York City real estate mogul father, the Donald Trump who became the megalomaniacal, narcissistic serial liar, would never have happened were it not for Roy Cohn.

Cohn, Wisconsin Senator Joe McCarthy’s brilliant hatchet man, was supposed to have been washed up in 1954, after he and the witch-hunting McCarthy imploded in the televised Army-McCarthy hearings. McCarthy drank himself to death in the following two years, and Cohn fled Washington a pariah, his brief career in government service in ruins.

But over the next three decades Cohn reinvented himself as a power broker after returning to his hometown of New York, and he would remain so right up until disbarment and AIDS finally leveled him in 1986.

How did that resurrection happen? It’s true that the right-wing resurgence of the 1980s gave him a late-in-life boost, and his influence with Ronald and Nancy Reagan gained him access to the experimental medication AZT, which was denied most everyone else. As Frank Rich suggested in 2017, Cohn “may have been the only AIDS patient the Reagan White House lifted a finger to help.” But the question of how he both survived and flourished as a Manhattan eminence in the quarter-century between McCarthy and Reagan is curious, indeed.

And Donald Trump was his prime, A#1 protégée.

Cohn thrived throughout a New York second act rife with indictments and scandals that included accusations of multiple bank and securities-law violations, perennial tax evasion, bribery, extortion, and theft. Donald Trump also flourished for decades despite being a shameless lawbreaker, tax evader, liar, racist, bankruptcy aficionado, and hypocrite notorious for his mob connections, transactional sexual promiscuity, and utter disregard for rules, scruples, and morals. Indeed, Trump triumphed despite having all of Cohn’s debits, wartime draft dodging included, but none of his assets — legal cunning, erudition, a sense of humor, brainpower, and loyalty.

What Cohn taught Trump (who didn’t need much teaching) was that raw personal power could be leveraged for his own enrichment, privilege, and celebrity. At Cohn’s urging, Trump sought and won favors from some of the older, more powerful New York Democrats and Republicans who were essential to rising in a “New York City developers world.” With Cohn’s imprimatur, Trump gained easy access to the ostensibly nonpartisan press Establishment as well. Decades later, these same eminences would enjoy Trump’s hospitality at Mar-a-Lago.

And Cohn it was who got Barbara Walters, the journalistic celebrity other journalists called Cohn’s “platonic fiancé,” to put together in 1979 a promotional profile of his shiny young protégé for ABC’s 60 Minutes rival 20/20. Titled “The Man Who Has Everything,” it was, in the Trump biographer Michael D’Antonio’s description, “wealth pornography.” Among other superlatives, it floated the dubious claim (for the 1970s) that “the Trumps are treated like American royalty.”

The truly sad thing to contemplate is that back then none of New York’s elites ever intervened to block or seriously challenge Trump’s path to power. They had plenty of provocation and opportunities to do so. Trump practiced bigotry on a grand scale, was a world-class liar, and ripped off customers, investors, and the city itself. Yet for many among New York’s upper register, there was no horror he could commit that would merit his excommunication. As with Cohn before him, the more outrageously and reprehensibly Trump behaved, the more the top rungs of society were titillated by him. Sound familiar?

So, here we are today. After decades of otherwise decent people doing nothing to stop the Donald Trump runaway train, the nation faces the prospect of Roy Cohn’s mentee, his unguided political missile, blowing to smithereens James Madison’s concept of ambition counteracting ambition. For all his brilliance, Madison, whose entire life was guided by the “virtue” of serving the public good, never saw this coming.

The sad fact is that the cancer now consuming Washington and the nation was incubated not in that city’s notorious “swamp” but in the loftiest Zip Codes of New York City.