美国国家公共电台 NPR--Law professor looks at whether Supreme Court's Thomas may have violated ethics rules

Law professor looks at whether Supreme¹ Court's Thomas may have violated ethics² rules

Transcript³

NPR's Leila Fadel speaks with NYU law professor Stephen Gillers about whether Supreme Court Justice Clarence Thomas might have violated ethics rules for accepting luxury trips for decades.

STEVE INSKEEP, HOST:

We're here in Studio 31 at NPR headquarters. On the other side of the glass, in the other room, is our director Lilly Quiroz and our technical director Zac Coleman. And, guys, when I heard this story of a billionaire taking Supreme Court Justice Clarence Thomas on vacation, my first thought was, well, he can do that. The Supreme Court has famously failed to adopt any ethics rules for itself. But when I read a little bit further, the investigation⁴ by ProPublica asserted that Justice Thomas violated an actual existing law - not just an ethics guideline, but the law - by failing to disclose almost 20 years of regular vacations and travel. New York University law professor Stephen Gillers is here to talk about it. Good morning.

STEPHEN GILLERS: Good morning.

INSKEEP: What does that law say?

GILLERS: It's the Ethics in Government Act, and it applies throughout the federal government, including to the justices. And so we don't have to worry about the absence of ethics rules for the court because the statute⁵ itself enables the government to impose reporting obligations on the justices reporting personal hospitality and gifts.

INSKEEP: Does that mean that Justice Thomas can let someone pay for his vacation, but he just has to tell the government and, in effect, the public that he did so?

GILLERS: Well, yes and no. I mean, he does, and every other federal judge does. Depending upon how you interpret the phrase personal hospitality of an individual, Justice Thomas had a very weak argument that he did not have to report the Harlan Crow princely gifts because they came from Harlan Crow personally. That argument is wrong, but it's not impossible. And he, Justice Thomas, chose to adopt the interpretation⁶ that enabled him not to reveal Harlan Crow's generosity⁷.

INSKEEP: Oh, wait. You're saying that - Thomas is saying, I would have to report this if it came from a corporation, and Harlan Crow is, of course, connected with a big interest, but I don't have to report it if it comes from a friend of mine. Is that right?

GILLERS: Well, that's the interpretation that he had - that is, he doesn't have to report personal hospitality, and that means a invitation from a person, which Harlan Crow is, regardless of who is footing the bill and regardless of how luxurious⁸ the hospitality may be.

INSKEEP: Well, I'm trying to figure out the appropriate form to pursue this. Democratic Congresswoman Alexandria Ocasio-Cortez is calling for his impeachment⁹. But it's a Republican House. Hard to see that happening. I guess you don't bring it before the Supreme Court. What is the appropriate forum¹⁰ to pursue this question?

GILLERS: Well, I mean, theoretically, there can be a prosecution¹¹, a civil or criminal prosecution. The statute gives the attorney general the power to seek civil or criminal remedies, but that's not going to happen.

INSKEEP: In about 10 seconds, could anything happen?

GILLERS: Probably not. I mean, if - well, what has happened is that last month, the Judicial¹² Conference amended¹³ its rules so that this cannot happen again post-March.

INSKEEP: OK, the Judicial Conference of the United States, which oversees¹⁴ federal courts. Stephen Gillers, thanks so much. Really appreciate it.

GILLERS: You're welcome.

INSKEEP: He is a New York University law professor.

1 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

2 ethics   

n.伦理学；伦理观，道德标准

参考例句：

• The ethics of his profession don't permit him to do that.他的职业道德不允许他那样做。
• Personal ethics and professional ethics sometimes conflict.个人道德和职业道德有时会相互抵触。

3 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

4 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

5 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

6 interpretation   

n.解释，说明，描述；艺术处理

参考例句：

• His statement admits of one interpretation only.他的话只有一种解释。
• Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。

7 generosity   

n.大度，慷慨，慷慨的行为

参考例句：

• We should match their generosity with our own.我们应该像他们一样慷慨大方。
• We adore them for their generosity.我们钦佩他们的慷慨。

8 luxurious   

adj.精美而昂贵的；豪华的

参考例句：

• This is a luxurious car complete with air conditioning and telephone.这是一辆附有空调设备和电话的豪华轿车。
• The rich man lives in luxurious surroundings.这位富人生活在奢侈的环境中。

9 impeachment   

n.弹劾；控告；怀疑

参考例句：

• Impeachment is considered a drastic measure in the United States.在美国，弹劾被视为一种非常激烈的措施。
• The verdict resulting from his impeachment destroyed his political career.他遭弹劾后得到的判决毁了他的政治生涯。

10 forum   

n.论坛，讨论会

参考例句：

• They're holding a forum on new ways of teaching history.他们正在举行历史教学讨论会。
• The organisation would provide a forum where problems could be discussed.这个组织将提供一个可以讨论问题的平台。

11 prosecution   

n.起诉，告发，检举，执行，经营

参考例句：

• The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
• He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

12 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

13 Amended   

adj. 修正的 动词amend的过去式和过去分词

参考例句：

• He asked to see the amended version. 他要求看修订本。
• He amended his speech by making some additions and deletions. 他对讲稿作了些增删修改。

14 oversees   

v.监督，监视( oversee的第三人称单数 )

参考例句：

• She oversees both the research and the manufacturing departments. 她既监督研究部门又监督生产部门。 来自《简明英汉词典》
• The Department of Education oversees the federal programs dealing with education. 教育部监管处理教育的联邦程序。 来自互联网