Thursday, August 10, 2023

FOCUS: Ken Klippenstein | UFO Whistleblower Kept Security Clearance After Psychiatric Detention

 

 

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10 August 23

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David Grusch, former National Reconnaissance Office representative on the Defense Department’s Unidentified Aerial Phenomena Task Force, testifies during the House Oversight and Accountability Subcommittee on National Security on July 26, 2023, in Washington, D.C. (photo: Tom Williams/AP)
FOCUS: Ken Klippenstein | UFO Whistleblower Kept Security Clearance After Psychiatric Detention
Ken Klippenstein, The Intercept
Klippenstein writes: "The star witness of Congress’s UFO hearings, David Grusch, retained his clearance despite alleged substance abuse issues, FOIA documents reveal." 



The star witness of Congress’s UFO hearings, David Grusch, retained his clearance despite alleged substance abuse issues, FOIA documents reveal.

“Non-human” biological material recovered from purported UFO crash sites. A decadeslong secret program to reverse-engineer extraterrestrial aircraft. A government cover-up employing “administrative terrorism” to silence truth-tellers.

These are some of the extraordinary claims made to Congress by Maj. David Grusch, a 36-year-old retired Air Force intelligence officer who also served as an adviser to the Pentagon’s Unidentified Aerial Phenomena task force. Last month, the House Oversight Committee opened an investigation after Grusch claimed he was retaliated against for blowing the whistle on the U.S. government’s alleged UAP recovery program.

Security clearances of the sort Grusch has held are subject to strict requirements, including regarding psychological episodes and substance issues. Grusch has used his high-level clearance to shore up his credibility, telling the committee: “I was cleared to literally all relevant compartments and in a position of extreme trust in both my military and civilian capacities.”

But police records obtained by The Intercept under the Virginia Freedom of Information Act reveal that on October 1, 2018, Grusch was committed to a mental health facility based in part on a report that he “made a suicidal statement” after Grusch’s wife told him he was an alcoholic and suggested that he get help.

“Husband asked [complainant] to kill him,” a police incident report produced by the Loudoun County sheriff states. “He is very angry guns are locked up.”

Grusch did not respond to a request for comment emailed via his lawyer or to a voicemail left on his phone. But on Tuesday evening, Ross Coulthart, an Australian independent journalist who covers UFOs and has interviewed Grusch, posted a statement attributed to Grusch on X, the platform formerly known as Twitter.

“It has come to my attention that The Intercept intends to publish an article about two incidents in 2014 and 2018 that highlights previous personal struggles I had with Post Traumatic Stress Disorder (PTSD), Grief and Depression,” the statement reads. “As I stated under oath in my congressional testimony, over 40 credentialed intelligence and military personnel provided myself and my colleagues the information I transmitted to the Intelligence Community Inspector General (ICIG) and I took the leadership role to represent the concerns of these distinguished and patriotic individuals.”

Grusch’s wife, Jessica Grusch, did not respond to several requests for comment.

A former colleague of Grusch’s expressed shock that he retained his clearance after the 2014 incident, which was also documented in public records obtained by The Intercept.

“I think it’s like any insular group: Once you’re in, they generally protect their own,” said the former colleague, who asked not to be named because they feared professional reprisals.

The former colleague said that the 2014 incident was known to Grusch’s superiors, a claim that Coulthart appeared to confirm in an interview on NewsNation, a subscription television network owned by Nexstar Media.

“The intelligence community and the Defense Department clearly accepted there was no issue because he was allowed to keep his security clearance,” Coulthart told Chris Cuomo Tuesday night.

“Waiting for You to Kill Me”

On the evening of October 1, 2018, Grusch’s wife contacted the Loudoun County Sheriff’s Office to report that Grusch “was drunk” and suicidal, according to the incident report.

“She told him that he was an alcoholic and that he needed to get help,” according to a narrative account from the sheriff’s office. “He replied, ‘I’ve just been waiting for you to kill me.’”

Though the names are redacted, the documents describe a husband and wife at a home that Grusch and his wife owned at the time, according to Loudoun County records. The property has since been sold. The incident report also describes the subject as “Air International Guard” and previously Active Duty Air Force; Grusch served in the Air Force and the Air National Guard.

The man “could be violent, very strong,” the report notes, adding that he might be suffering from PTSD. “Sometimes makes these threats when drunk,” the report continues. “Has never harmed himself.”

The narrative case report describes law enforcement officers detaining Grusch under an emergency custody order and taking him to a local emergency room, where a mental health specialist decided to ask a magistrate to issue a temporary detention order. Based on the order, an officer transferred Grusch to Loudoun Adult Medical Psychiatric Services, an inpatient program in the Inova Loudoun Cornwall Medical Campus in Leesburg.

A separate police report dated October 13, 2014, describes a similar incident: a 27-year-old male “threatening suicide” at a property that county records show was owned at the time by Grusch and his ex-wife, Kendall McMurray. That property has since been sold. The report notes that “he is violent” and “has access to a weapon.”

McMurray did not respond to multiple requests for comment.

Public Law Enforcement Records

Two Republican members of the House Oversight Committee, Reps. Anna Paulina Luna and Tim Burchett, were tasked with organizing the July 26 hearing after Grusch’s whistleblower claims became public. Not all House Republicans are supportive of the effort. Rep. Mike Turner, chair of the House Intelligence Committee, has taken a dim view of Grusch’s claims.

“Every decade there’s been individuals who’ve said the United States has such pieces of unidentified flying objects that are from outer space,” Turner said. “There’s no evidence of this and certainly it would be quite a conspiracy for this to be maintained, especially at this level.”

Grusch emerged as the hearing’s star witness, but his evidence was largely secondhand: When asked, Grusch said he hasn’t seen any of the recovered alien vehicles or bodies himself. While two former Navy fighter pilots alleged unidentified aerial phenomena, neither said anything about their provenance. Grusch was alone among the witnesses in attributing them to extraterrestrials.

“My testimony is based on information I have been given by individuals with a longstanding track record of legitimacy,” Grusch said in his opening statement.

Shortly after The Intercept reached out to Grusch for comment for this story, Coulthart went on Cuomo’s show and said that The Intercept was planning to publish “confidential medical records” about Grusch that had been leaked by the intelligence community. Coulthart, an ardent defender of Grusch, told NewsNation that “Grusch believes the government may now be behind an effort to release his medical records in an effort to smear his credibility.”

“This is a document that would be, if the media had done the right thing, it would be in his police department file, in the file in the county sheriff’s office,” Coulthart said in his interview with Cuomo. “But Dave has checked today, because he assumed that the journalist had done his homework and just asked the local sheriff for the files. The sheriff has confirmed it did not come from him. The only other place that had this information is the intelligence community, Dave’s personal files inside the intelligence community, where quite properly, when anybody is security assist, things like this have to be looked at, and somebody inside the intelligence community leaked it.”

Coulthart went on to compare the purported leak to Richard Nixon’s attempts to discredit Daniel Ellsberg, who shared the Pentagon Papers with the New York Times.

“I think there should be an inquiry into the circumstances of how sensitive records pertaining to a decorated combat veteran’s file found their way to a journalist not through the proper channels,” Coulthart said. “This could’ve been requested under FOI, as is normal, but the county sheriff has confirmed that did not happen.”

In an interview Wednesday morning, Burchett repeated the false claim that Grusch’s medical records had been leaked, going as far as to say that “someone needs to lose their job.”

The records were not confidential, medical, nor leaked. They are publicly available law enforcement records obtained under a routine Virginia FOIA request to the Loudoun County Sheriff’s Office and provided by the office’s FOIA coordinator. Copies of The Intercept’s correspondence with the sheriff’s office are being published with this story.

In a clip from a previous interview with Coulthart that was included in Tuesday’s Cuomo segment, Grusch suggested that his struggle with PTSD was behind him.

“I served in Afghanistan and I had a friend that committed suicide after I got back,” Grusch told Coulthart. “I dealt with that for a couple years and I’m proud as a veteran not to become a statistic. Totally took care of that issue in my life and it doesn’t affect me anymore.”

Echoes of Roswell

Coulthart’s comments would not be the first instance of misinformed media coverage of Grusch’s case. The law firm representing Grusch, Compass Rose Legal Group, issued a statement in June warning of “misstatements” in media reporting about the nature of their representation of Grusch, which they stressed was “narrowly scoped.”

The whistleblower disclosure did not speak to the specifics of the alleged classified information that Mr. Grusch has now publicly characterized, and the substance of that information has always been outside of the scope of Compass Rose’s representation,” the statement says. “Compass Rose took no position and takes no position on the contents of the withheld information.”

Grusch’s ability to keep his security clearance appears to contrast with the government’s treatment of other employees. Shortly after President Joe Biden’s inauguration, for example, dozens of White House staffers were reportedly denied clearances for past marijuana use — including in states where it was legal.

In June, technology website The Debrief first reported on Grusch’s whistleblower disclosure, casting him as a “decorated former combat officer” — a phrase echoed repeatedly by Coulthart.

“I’d like to point out that finding a decorated veteran who believes all sorts of insane conspiracy theories is not remarkable,” cracked Jack Murphy, a former Army Ranger turned journalist. “I know many, and some would love it if I wrote stories about George Soros, JFK, etc.”

The Debrief article was co-authored by Leslie Kean, whose 2017 New York Times article helped drive much of the current wave of interest in UAPs.

The Defense Department has flatly denied possessing “any verifiable information to substantiate claims that any programs regarding the possession or reverse-engineering of extraterrestrial materials have existed in the past or exist currently,” Pentagon spokesperson Sue Gough has said.

“The recent UFO hearing is an embarrassment to everyone involved,” Steven Aftergood, a longtime critic of government secrecy and former director of the Federation of American Scientists’ Project on Government Secrecy, told The Intercept. “It’s a symptom of the broader degradation of congressional discourse: by providing a forum for preposterous claims and failing to challenge them, the House committee makes legitimate oversight more difficult.”

During the committee hearing, Luna referenced the 1947 discovery of mysterious aerial debris in the desert in Roswell, New Mexico, as evidence of long-standing contact with UFOs. Jesse A. Marcel, a military intelligence officer — and, like Grusch, an Air Force major at the time — said that the debris was extraterrestrial in nature, but it later became clear that it was actually the remains of a weather balloon designed to detect atmospheric conditions indicative of Russian nuclear testing.

For many years, the Pentagon refused to explain the weather balloon’s true purpose due to its highly classified nature as part of Project Mogul, a top-secret Air Force program designed to detect Soviet bomb tests. Many took the secrecy, which was indeed excessive, to mean that the government must be covering up the existence of extraterrestrial aircraft.

Aftergood said the misconception at the heart of the recent House hearing is similar to the legends that grew out of the events in Roswell: “The embarrassment of the House hearings stems not so much from the issue itself but from the failure to distinguish what is real from what is fantasy.”



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FOCUS | Clarence Thomas’ 38 Vacations: The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel

 

 

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10 August 23

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US Justice Clarence Thomas and his wife Virginia Thomas in October 2021. (photo: AFP)
FOCUS | Clarence Thomas’ 38 Vacations: The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel
Brett Murphy and Alex Mierjeski, ProPublica
Excerpt: "The fullest accounting yet shows how Thomas has secretly reaped the benefits from a network of wealthy and well-connected patrons that is far more extensive than previously understood." 


The fullest accounting yet shows how Thomas has secretly reaped the benefits from a network of wealthy and well-connected patrons that is far more extensive than previously understood.


During his three decades on the Supreme Court, Clarence Thomas has enjoyed steady access to a lifestyle most Americans can only imagine. A cadre of industry titans and ultrawealthy executives have treated him to far-flung vacations aboard their yachts, ushered him into the premium suites at sporting events and sent their private jets to fetch him — including, on more than one occasion, an entire 737. It’s a stream of luxury that is both more extensive and from a wider circle than has been previously understood.

Like clockwork, Thomas’ leisure activities have been underwritten by benefactors who share the ideology that drives his jurisprudence. Their gifts include:

At least 38 destination vacations, including a previously unreported voyage on a yacht around the Bahamas; 26 private jet flights, plus an additional eight by helicopter; a dozen VIP passes to professional and college sporting events, typically perched in the skybox; two stays at luxury resorts in Florida and Jamaica; and one standing invitation to an uber-exclusive golf club overlooking the Atlantic coast.

This accounting of Thomas’ travel, revealed for the first time here from an array of previously unavailable information, is the fullest to date of the generosity that has regularly afforded Thomas a lifestyle far beyond what his income could provide. And it is almost certainly an undercount.

While some of the hospitality, such as stays in personal homes, may not have required disclosure, Thomas appears to have violated the law by failing to disclose flights, yacht cruises and expensive sports tickets, according to ethics experts.

Perhaps even more significant, the pattern exposes consistent violations of judicial norms, experts, including seven current and former federal judges appointed by both parties, told ProPublica. “In my career I don’t remember ever seeing this degree of largesse given to anybody,” said Jeremy Fogel, a former federal judge who served for years on the judicial committee that reviews judges’ financial disclosures. “I think it’s unprecedented.”

This year, ProPublica revealed Texas real estate billionaire Harlan Crow’s generosity toward Thomas, including vacations, private jet flights, gifts, the purchase of his mother’s house in Georgia and tuition payments. In an April statement, the justice defended his relationship with Crow. The Crows “are among our dearest friends,” Thomas said. “As friends do, we have joined them on a number of family trips.”

The New York Times recently surfaced VIP treatment from wealthy businessmen he met through the Horatio Alger Association, an exclusive nonprofit. Among them were David Sokol, a former top executive at Berkshire Hathaway, and H. Wayne Huizenga, a billionaire who turned Blockbuster and Waste Management into national goliaths. (The Times noted Thomas gives access to the Supreme Court building for Horatio Alger events; ProPublica confirmed that the access has cost $1,500 or more in donations per person.)

Records and interviews show Thomas had another benefactor, oil baron Paul “Tony” Novelly, whose gifts to the justice have not previously been reported. ProPublica’s totals in this article include trips from Crow.

Each of these men — Novelly, Huizenga, Sokol and Crow — appears to have first met Thomas after he ascended to the Supreme Court. With the exception of Crow, their names are nowhere in Thomas’ financial disclosures, where justices are required by law to publicly report most gifts.

The total value of the undisclosed trips they’ve given Thomas since 1991, the year he was appointed to the Supreme Court, is difficult to measure. But it’s likely in the millions.

Huizenga sent his personal 737 to pick Thomas up and bring him to South Florida at least twice, according to John Wener, a former flight attendant and chef on board the plane. If he were picked up in D.C., the five-hour round trip would have cost at least $130,000 each time had Thomas chartered the jet himself, according to estimates from jet charter companies. In February 2016, Thomas flew on Crow’s private jet from Washington to New Haven, Connecticut, before heading back on the jet just three hours later. ProPublica previously reported the flight, but newly obtained U.S. Marshals Service records reveal its purpose: Thomas met with several Yale Law School deans for a tour of the room where they planned to display a portrait of the justice. (Crow’s foundation also gave the school $105,000, earmarked for the “Justice Thomas Portrait Fund,” tax filings show.)

Don Fox, the former general counsel of the U.S. Office of Government Ethics and the senior ethics official in the executive branch, said, “It’s just the height of hypocrisy to wear the robes and live the lifestyle of a billionaire.” Taxpayers, he added, have the right to expect that Supreme Court justices are not living on the dime of others.

Fox, who worked under both Democrat and Republican administrations, said he advised every new political appointee the same thing: Your wealthy friends are the ones you had before you were appointed. “You don’t get to acquire any new ones,” he told them.

Thomas and Novelly did not respond to a detailed list of questions for this story. Huizenga died in 2018 and his son, who is the president of the family’s holding company, also did not respond to multiple requests for comment.

In a statement to ProPublica, Sokol said he’s been close friends with the Thomases for 21 years and acknowledged traveling with and occasionally hosting them. He defended the justice as upright and ethical. “We have never once discussed any pending court matter,” Sokol said. “Our conversations have always revolved around helping young people, sports, and family matters.”

“As to the use of private aviation,” he added, “I believe that given security concerns all of the Supreme Court justices should either fly privately or on governmental aircraft.”

The justices have said they follow court rules prohibiting them from accepting gifts from a group of people so frequently that “a reasonable person would believe that the public office is being used for private gain.” But what actually constitutes a gift under those rules is ambiguous and, in practice, justices have few restrictions on what they can accept. Other members of the court have accepted travel underwritten by wealthy businessmen and speaking invitations at universities. Stephen Breyer accepted a flight to a Nantucket wedding from a Democratic megadonor. Ruth Bader Ginsburg took a tour of Israel and Jordan paid for by an Israeli billionaire. Those gifts are public because Breyer and Ginsburg disclosed them.

Thomas, however, is apparently an extreme outlier for the volume and frequency of all the undisclosed vacations he’s received. He once complained that he sacrificed wealth to sit on the court, though he depicted the choice as a matter of conscience. “The job is not worth doing for what they pay,” he told the bar association in Savannah, Georgia, in 2001, “but it is worth doing for the principle.”

To track Thomas’ relationships and travel, ProPublica examined flight data, emails from airport and university officials, security detail records, tax court filings, meeting minutes and a trove of photographs from personal albums, including cards that Thomas’ wife, Ginni, sent to friends. In addition, reporters interviewed more than 100 eyewitnesses and other sources: jet and helicopter pilots, flight attendants, airport workers, yacht crew members, security guards, photographers, waitresses, caterers, chefs, drivers, river rafting guides and C-suite executives.

ProPublica has not identified any legal cases that Huizenga, Sokol or Novelly had at the Supreme Court during their documented relationships with Thomas, although they all work in industries significantly impacted by the court’s decisions.

In a small-circulation biography given to Huizenga’s friends and family, Thomas acknowledged that he and Huizenga discussed some of the billionaire’s companies but said their relationship was never transactional. “It wasn’t that kind of friendship,” he told the interviewer. The justice said they’d prefer to go to a small restaurant in a strip mall or sit on the billionaire’s lawn and drink tea or diet soda.

“We are in a society where everything is quid pro quo,” Thomas said, but not with the Huizengas. “I don’t do anything for them and they can’t do anything for me.”

“Four Lucky Couples”

On Labor Day weekend 2019, Thomas boarded a private plane in Washington, D.C., for the first leg of a sojourn out West. The vacation had been months in the making and, thanks to Sokol, it was all taken care of. He’s hosted the Thomases virtually every summer for a decade.

The first stop was the Great Plains. It was the home opener at the University of Nebraska-Lincoln, which Ginni Thomas had attended before transferring. The Thomases were joined there by other couples, including one of the justice’s most vocal advocates, Mark Paoletta, who then worked for the federal government, and his wife.

Sokol, a major university donor who graduated from the Omaha campus, arranged for the group to attend the football and volleyball games with all-access passes. Clarence Thomas met with the football team the day before the game. The group walked out of the tunnel before kickoff. During halftime, they stood on the sidelines to watch the marching band perform, at one point posing for a picture in the end zone: “The Sokols took four lucky couples to the first Nebraska footbal game of the season,” Ginni Thomas wrote in one of the card captions.

Sokol runs a private equity firm and now also chairs a holding company that owns large international shipping and power utility corporations. He resigned from Berkshire Hathaway in 2011 amid an internal investigation by the company that found he had violated its insider trading policy. (At the time, Sokol denied wrongdoing and said his resignation was unrelated to the episode; he was never indicted.)

That Saturday, the group watched both the football and volleyball games from luxury suites. The football skybox, which typically costs $40,000 annually, belonged to Tom Osborne, a former Republican congressman who was also the head coach of the team for 25 years. Hosting the Thomases had ripple effects. A local priest requested a ticket for his 87-year-old mother, but the volleyball coach had to tell him none was available. “All of our tickets have been taken for Clarence Thomas and his group,” the coach wrote.

The Thomases have been treated to at least seven University of Nebraska-Lincoln games — five arranged by Sokol — in recent years. The Times first reported on Thomas’ appearances at some of them.

Thomas has never reported any of those tickets on his yearly financial forms. Judiciary disclosure rules require that most gifts worth more than $415 be disclosed. “It’s so obvious,” said Richard Painter, former chief White House ethics lawyer for President George W. Bush. “It all has to be reported.” ProPublica identified more than 60 federal judges who disclosed tickets to sporting events between 2003 and 2019. In 1999, Thomas disclosed private flight and accommodations for the Daytona 500 but hasn’t reported any other sporting events before or since.

In a statement, Osborne confirmed Thomas has “watched a couple of football games” in his suite, which the university had given to him. He said he is “taxed” for the use of the suite but did not answer whether Thomas has ever reimbursed him. The University of Nebraska-Lincoln did not respond to requests for comment.

On Sunday, the morning after the football game in Nebraska, Sokol flew with Thomas by private jet to Sokol’s Paintbrush Ranch just outside Jackson Hole, Wyoming. The property, valued in the low eight figures, sits in the foothills of Shadow Mountain. A local radio personality said of the estate: “This is the ultimate home and it has the most iconic view of the Tetons I’ve seen. Ever.”

Sokol also owns a waterfront mansion in Fort Lauderdale, Florida, currently worth $20.1 million, where he’s hosted the Thomases as well, according to photos of the visits. The 12,800-square-foot property includes a home theater, elevator, walk-in wine cellar and yacht docking. (In addition, Sokol and Thomas have shared an opulent lodge together while vacationing at Crow’s private lakeside resort, Camp Topridge, in the Adirondacks.)

In Wyoming, the Thomases fished, rafted on the Snake River and sat by a campfire overlooking the Teton Range with the other couples. At one point, the Paolettas serenaded the justice with a song they wrote about him.

Like Thomas, Paoletta did not disclose the trip on his yearly financial filings. At the time, Paoletta was general counsel and the designated ethics official at the Office of Management and Budget. In a statement, Paoletta said he wasn’t required to disclose the trip because he had reimbursed Sokol, but he did not say how much or provide documentation of those payments. “I complied with all ethics laws and regulations,” Paoletta said.

Details of the vacation to Nebraska and Wyoming were drawn from photographs, trip planning emails and social media posts, as well as interviews with airport workers, local residents and others familiar with the travel, including river raft guides.

Since 1990, Sokol and his wife have donated more than $1 million to Republican politicians and groups, along with smaller amounts to Democrats. Last October, in New Orleans, Sokol made a direct reference to a pending Supreme Court case while addressing a group of former Horatio Alger scholarship recipients. (Thomas was not in attendance.)

The speech veered into territory that made many of those in attendance uncomfortable and left others appalled, emails and others messages show. Sokol, who has written extensively about American exceptionalism and the virtues of free enterprise, minimized slavery and systemic racism, some felt. He then criticized President Joe Biden’s student loan forgiveness plan, arguing Biden had overstepped the government’s authority, according to a recording of the speech obtained by ProPublica.

“It’s going to get overturned by the Supreme Court,” Sokol predicted, echoing a common legal commentary.

He was right. This summer, the court struck down Biden’s student loan forgiveness plan. Thomas voted in the majority.

Deep Sea Fishing in the Caribbean

Nearly every spring, Novelly, a billionaire who made his fortune storing and transporting petroleum, takes his two yachts on a fishing expedition to the Bahamas’ Exuma Islands. Photographs from the trips show porcelain beaches, cerulean waters and fresh mahi-mahi. Friends and family come and go for days at a time.

Three of Novelly’s former yacht workers, including a captain, told ProPublica they recall Thomas coming on board the vessels multiple times in recent years. Novelly’s local chauffeur in the Bahamas said his company once picked Thomas up from the billionaire’s private jet and drove him to the marina where one of the yachts, Le Montrachet, frequently docks.

Le Montrachet, named after the premium French wine, is a 126-foot luxury vessel complete with a full bar, multiple dining areas, a baby grand piano, accommodations for 10 guests and a handful of smaller fishing boats and jet skis. Novelly charges about $60,000 a week to outsiders who want to charter it.

Another past guest on Novelly’s yacht is “Alligator” Ron Bergeron, one of the biggest land and roadway developers in Florida. Around 2018, Novelly and Thomas went to Bergeron’s private ranch on the edge of the Everglades — a sprawling, gated estate with centuries-old cypress trees and an 1800s-style saloon on site. He described Novelly as a man who likes to share his success with others. “He’s very generous with all his friends,” Bergeron told ProPublica.

Bergeron said his conversations with Thomas at the ranch were strictly about charity work and not business. “You’re talking about a great man,” Bergeron said, “who gives his time to make a difference for America.”

Since 1999, Novelly’s family and companies have publicly disclosed at least $500,000 to conservative causes and Republican candidates in federal elections. (Before then, he had given to both parties.)

Novelly, who recently stepped down from his CEO roles, ran his business affairs aggressively, ending up on the wrong side of the government in at least two cases. He spends much of his time between St. Louis and Boca Raton, Florida, where he has a 23,000 square-foot palatial estate appraised at $22.2 million. In 2002, Novelly established residency and a holding company in the Virgin Islands. During a hearing with local officials, Novelly described the arrangement there as a “quid pro quo,” meaning the U.S. territory received a boost to the local economy in return for offering substantial tax breaks. The IRS would later call it an “abusive tax avoidance scheme” and pursued Novelly for millions in back taxes and penalties. Novelly denied the characterization and eventually settled with the government for a negotiated amount.

There’s no evidence his friendship with Thomas helped Novelly in one of his most significant disputes. In 2005, the Justice Department sued Novelly’s company, Apex Oil, because its corporate predecessor had contributed to a massive groundwater contamination beneath an Illinois village and then Apex refused to help with the cleanup. Apex argued the spill had occurred before the company went through a bankruptcy years earlier. Several judges ruled against Apex, which eventually appealed to the Supreme Court in 2010. The justices declined to hear the case, and the company had to pay about $150 million to help remove oil from the soil.

It’s not clear how Thomas voted in the case because such votes are not typically public. The vacations ProPublica identified appear to have occurred after the case was resolved.

In 2020, Apex Oil, Sokol and Crow helped fund a documentary defending Thomas as a response to an HBO film that was critical of the justice. Sokol called the HBO movie a “Molotov cocktail into our homes” and a prime example of America’s eroding civility.

The “Most Coveted” Invitation in the World

Thomas’ first billionaire benefactor is likely H. Wayne Huizenga, believed to be the only person in American history to build three separate Fortune 500 companies. One of the three was AutoNation, which Huizenga founded in 1996 before building it into the largest car dealer in the country. Between 1998 and 1999, Huizenga’s holding company spent $500,000 lobbying federal agencies that regulate the automotive industry, according to OpenSecrets data. Over the years, the Huizenga family and companies gave millions to state and federal Republican candidates and once threw a fundraiser for the Florida GOP that helped keep the party afloat for months.

The billionaire was known to regularly lavish gifts and perks on those in his orbit. He routinely took friends on opulent vacations. He paid his employees handsomely and sometimes covered their bills and personal expenses. On a whim, Huizenga once handed box tickets for the opera, which were worth thousands, to his caterer, Bob Leonardi.

“I led the life of a multimillionaire without being one,” Leonardi said.

For 20 years, Thomas benefited from Huizenga’s attention as well, availing himself of the billionaire’s fleet of aircraft and other luxuries. Huizenga took Thomas to see the Miami Dolphins and Florida Panthers several times between the mid-’90s and mid-2000s, according to interviews and photographs. Huizenga owned both teams at the time.

Executives saw Thomas around Huizenga’s office often. Richard Rochon, the former president of Huizenga Holdings, said Thomas once shadowed the billionaire during meetings. “He just wants to see what I do every day,” Rochon recalled Huizenga saying.

On at least two occasions, Thomas attended Huizenga’s birthday and Christmas parties, which the billionaire held inside his private hangar at the Fort Lauderdale airport. Van Poole, a lobbyist and former chairman of the Florida GOP, recalled riding down the elevator at the nearby Hyatt Pier 66 hotel — which Huizenga also controlled — when the Thomases stepped in with a security detail. The group discussed college sports and then traveled to the party together, Poole said.

Thomas occasionally flew on Huizenga’s helicopters, sometimes taking off from the roof of the corporate headquarters, and at least one of his Gulfstream jets around Florida, according to his former pilots. But the billionaire’s most luxurious planes were a pair of 737 jets he had retrofitted like a lounge, complete with recliners, love seats, mahogany dining and card tables and gourmet food.

At least two times in the mid 2000s, Huizenga sent one of them to pick up Thomas and deliver him to Fort Lauderdale, said John Wener, the flight attendant on board.

Wener recalled chatting with the justice about his nomination to the Supreme Court and the tumultuous Senate confirmation hearings after Thomas’ former aide, Anita Hill, accused him of sexual harassment. “He said, ‘Just imagine a job interview and you’re in front of 100 people that hate you,’” Wener recalled Thomas remarking. “‘How would that interview go?’”

In the early 2000s, Huizenga gave Thomas something that was priceless at the time: a standing invitation to his exclusive, members-only golf club, the Floridian. Designed by golf legend Gary Player, the course was lined with cottages for Huizenga’s friends, a yacht marina for them to dock and a helipad if they wanted to fly in. One family friend told the Huizenga family biographer that the Floridian was “the most coveted private golf invitation in the world.” Those who worked and played there said the membership rolls were a Rolodex of the rich, famous and powerful: From Michael Douglas and Rush Limbaugh to Michael Bloomberg and former Vice President Dan Quayle. Donald Trump once asked to be a member but Huizenga spurned him, according to three of Huizenga’s former employees.

All 200-plus members were “honorary” and didn’t pay dues — Huizenga covered everything. “It was a little slice of heaven, a magical place,” former media personality Matt Lauer told the biographer. “You drove through the gates and it was this fairytale land that he had created.”

It’s unclear if Thomas was a member or Huizenga’s frequent guest with similar privileges. The billionaire’s former personal photographer and two former golf pros at the club recalled seeing Thomas there multiple times over the years. One of Huizenga’s helicopter pilots said he had picked the justice up from the property. And a fifth employee, a former waitress and concierge, said she once served Thomas and Huizenga, who were wearing golf attire, as they dined alone in the enormous waterfront clubhouse for lunch. “Have you met a Supreme Court justice?” Huizenga asked the waitress before she took their order. “This is Clarence Thomas.”

Today, the Floridian, which the Huizenga family sold in 2010 before it underwent renovations, has a $150,000 initiation fee.

Paying for Access to the Supreme Court Chambers

Thomas first met Huizenga at a formal gala in Washington, D.C., in 1992, when they were both inducted into the Horatio Alger Association. Henry Kissinger and Maya Angelou were among the other honorees that year. The organization, named after the 19th-century novelist who popularized rags-to-riches folklore, gives millions in college scholarships each year and also brings together some of the country’s wealthiest, self-made business tycoons for opulent events. (In real life, Alger was a minister on Cape Cod who resigned from his parish after he was credibly accused of molesting boys.)

“We were proud to honor Justice Thomas more than 30 years ago,” an association spokesperson said in a statement, “and remain grateful for his continued involvement in our organization.” She said Thomas spends countless hours mentoring scholarship recipients.

Thomas appears to have met Huizenga, Sokol, Novelly and Bergeron through the organization. Several of Thomas’ trips to Florida in the 2000s appear to have been connected with the association. In that time period, he joined Huizenga at Horatio Alger scholarship ceremonies in South Florida, travel that the justice disclosed in several of his yearly financial filings.

However, he never identified Huizenga in any of his disclosures. The association spokesperson confirmed to ProPublica that the billionaire hosted those events “and covered all costs involved.”

Experts said that means Thomas’ disclosures would be, at a minimum, incomplete and misleading because the rules require federal judges to identify the source of the gifts they receive. “Source means the person or entity that paid for it,” said Kathleen Clark, a legal ethics authority at Washington University in St. Louis.

Belonging to the association has had its privileges. As part of a board meeting, the Thomases once went on a lavish trip to Jamaica, where they were hosted by a wealthy donor who owned a luxury hotel atop a former sugar plantation. Johnny Cash performed. Horatio Alger Association membership itself is worth at least $200,000, according to the organization’s meeting minutes in 2007, a sum that those who nominate a new member are responsible for raising in that person’s honor. The association spokesperson said there was no requirement to raise money for new members back when Thomas was inducted.

Thomas has likely helped the group earn many times that figure since then. Every year, the justice hosts an event for members inside the Supreme Court’s Great Hall. The Times previously reported that the event afforded the Horatio Alger Association unusual access to the court.

ProPublica examined boxes of the association’s historical archives, including financial records that show the group has required donations of at least $1,500 — $7,500 for nonmembers — to attend the Supreme Court event. In 2004, those who donated $100,000 for a table at the main ceremony got 10 seats inside the Supreme Court. In the judiciary’s code of conduct — which is general guidance that does not apply to Supreme Court justices, though they say they consult it — there is explicit language advising federal judges against using their position to fundraise for outside organizations.

But that’s what Thomas has done, said Virginia Canter, a former government ethics lawyer who served in administrations of both parties and reviewed the association’s financial records at ProPublica’s request.

“To use the Supreme Court to fundraise for somebody’s charity is, to me, an abuse of office,” she said. Canter acknowledged the organization may do good work, but that’s besides the point, she said, because wealthy donors aren’t supposed to be able to pay thousands of dollars to visit a justice inside the courthouse walls.

“It’s pay to play,” Canter added, “isn’t it?”



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POLITICO Massachusetts Playbook: Healey's hot fundraising summer

 


Massachusetts Playbook logo

BY LISA KASHINSKY

With help from Kelly Garrity

FOLLOW THE MONEY — Maura Healey burned through $8 million in her gubernatorial bid. Now she’s hitting the summer fundraising circuit on the Cape and Islands to replenish her campaign coffers.

In the past few weeks, Healey has collected checks across fundraisers on Martha’s Vineyard and Provincetown, according to attendees and invitations obtained by Playbook. She’s scheduled to headline another event on Nantucket next Saturday, per the Nantucket Current . Her campaign declined comment.

Healey likely won’t be on a ballot again until 2026. But it’s smart politics not to wait around to pad her depleted war chest. Healey started her first run for governor with more than $3 million in her campaign bank account, and at one point grew her cash on hand to more than $5.5 million.

But she also spent heavily despite facing no significant competition for the corner office. By March of this year, Healey’s account had dwindled to just $632,000, according to state campaign finance records.

Now she’s cashing in on the deep-pocketed donors who’ve decamped to their summer homes on the Cape and Islands. The governor has brought in nearly $350,000 in the past two months, and her bank account has swelled back over $1 million. That’s not counting last Sunday’s Provincetown fundraiser, or the upcoming reception at the Nantucket home of Ken Jarin and Robin Wiessmann. Truro state Sen. Julian Cyr and Falmouth state Rep. Dylan Fernandes are on the host committee for the Nantucket event.

It’s notable that Healey is holding events on the islands, where donors are typically more focused on federal races. Case in point: Former South Carolina Gov. Nikki Haley fundraised on Nantucket last week for her presidential campaign.

And Vice President Kamala Harris is set to headline two fundraisers on Martha’s Vineyard on Saturday. Tickets for a “grassroots” reception range from $50 for guests to $10,000 for hosts. Tickets for a higher-dollar gathering start at $3,300 and climb as high as $25,000 for co-hosts and $50,000 for hosts.

GOOD THURSDAY MORNING, MASSACHUSETTS. Also dashing for cash on the Cape and Islands next weekend: Democratic Sens. Tammy Baldwin of Wisconsin and Sherrod Brown of Ohio, who have four events scheduled between them.

TODAY — Healey and Lt. Gov. Kim Driscoll have no public events.

Tips? Scoops? Going to a political fundraiser? Drop me a line: lkashinsky@politico.com .

 

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DATELINE BEACON HILL

Maura Healey, Karen Spilka and Ron Mariano

From left: Gov. Maura Healey, Senate President Karen Spilka and House Speaker Ron Mariano at the fiscal year 2024 state budget signing on Wednesday, Aug. 9, 2023, at the Massachusetts State House. | Lisa Kashinsky/POLITICO

SIGNED, SEALED AND DELIVERED — Gov. Maura Healey changed little of what lawmakers sent her when she signed the $56 billion state budget on Wednesday, flanked by top legislative leaders in a show of Democratic unity.

But she did tinker with a few items:

— Healey returned eight of the 112 policy sections with amendments, including delaying the implementation of free calls for the incarcerated until Dec. 1 because "we needed a little bit more time to be able to get it done.”

— She also axed a policy section that would have pulled $205 million in one-time funds into the budget, and cut $205 million in net spending to balance it out. That included slashing $1 million for “Hey Sam,” a text help line for young people operated by the suicide-prevention group Samaritans, because its “goals are sufficiently funded through" allocations for the 988 suicide and crisis hotline. But the move drew alarm from state Sen. Becca Rausch , who wants lawmakers to override the veto. The Legislature has until Nov. 15 to make such a move.

The budget green-lights one of Healey’s signature policy proposals: the $20 million “MassReconnect” program to make community college free to those over age 25 who lack college degrees. It also makes universal free school meals permanent and grants certain undocumented immigrants access to in-state tuition rates at public colleges and universities.

Boston will finally get a seat on the MBTA board of directors. And the state is bringing back the pandemic-era program that pauses eviction cases while tenants have pending applications for rental aid.

House Speaker Ron Mariano said legislative leaders “weren’t surprised” the spending plan that’s now the second-latest in 22 years “went a little long,” given that it was being negotiated in tandem with tax relief.

Yet Mariano and Senate President Karen Spilka offered no timeline for filling the $580 million hole they left in the budget for tax-code changes. And the governor declined to set a deadline for them at the budget bill signing.

— “Sen. Velis: State budget ‘very robust’ for veterans,” by Maddie Fabian, Daily Hampshire Gazette.

FROM THE HUB

— “Boston receives ‘go sign’ from state for Long Island bridge project,” by Danny McDonald, Boston Globe: “Boston is one step closer to reconstructing a 35-acre recovery campus on Long Island for people struggling with addiction after state authorities issued a key permit for the city to rebuild the Long Island bridge, city officials announced Wednesday. The permit, known as a Chapter 91 license, evaluates the impact of a project on public access to coastline and waterways. The next steps for Boston’s Long Island Bridge project: a federal consistency review by the Massachusetts Office of Coastal Zone Management and a bridge permit from the US Coast Guard.”

— “Boston City Council backs tax breaks for businesses hurt by Mass and Cass mess,” by Gayla Cawley, Boston Herald: “City Councilor Erin Murphy’s double-barreled approach to tackling the ‘public health crisis’ at Boston’s Mass and Cass was praised for giving businesses there a break, but knocked for assertions that street cleaning equipment was spreading diseases. Murphy’s proposal came in the form of two hearing orders, both of which were discussed at a Wednesday City Council meeting.”

 

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THE RACE FOR CITY HALL

— “'Regular guy who wants to fix issues': This Taunton mayoral candidate would serve for free,” by Daniel Schemer, Taunton Daily Gazette: “If you want change, if you want a difference from what has been happening, then I am the right choice. I’m just a regular guy who wants to fix issues,’ proclaimed Charles Frederick Wright, or Chuck Wright, as he likes to be called, who is running for mayor of Taunton.”

— FIRST IN PLAYBOOK: The SEIU Massachusetts State Council has endorsed Worcester City Councilor Khrystian King for mayor. The state council represents over 115,000 members; King, a social worker, is a member of SEIU Local 509.

DAY IN COURT

— “College Admissions Dad Cleared of Fraud Wants $1 Million Back,” by Patricia Hurtado, Bloomberg: “Private equity investor John B. Wilson has already gotten his fraud conviction overturned in the sprawling ‘Varsity Blues’ college admissions scandal. Now he wants the $1 million he paid to the scheme’s mastermind back. Wilson, founder of Hyannis Port Capital, was among dozens of parents charged with taking part in the scam to cheat their kids’ way into elite institutions.”

WARREN REPORT

— “Elizabeth Warren and Ron DeSantis agree on one way student-loan borrowers should get a path to relief: getting rid of debt in bankruptcy court,” by Ayelet Sheffey, Insider: “[T]he Education and Justice Departments in November announced a series of reforms to the process to make it easier for borrowers to access bankruptcy. And it's something both Warren and DeSantis support.”

— “Sen. Elizabeth Warren joins rally in support of SAG-AFTRA members in Boston,” by Russ Reed, WCVB.

MARIJUANA IN MASSACHUSETTS

— “Mass. cannabis industry falls short on equity aspirations,” by Cassie McGrath, Boston Business Journal: “Five years after the first recreational cannabis dispensaries opened their doors, none of the state’s largest retail companies — those with the maximum number of licenses allowed by law — are classified as equity businesses.”

THE LOCAL ANGLE

— “Leominster maternity unit is essential service, state health department says,” by Henry Schwan, Telegram & Gazette: “The maternity unit at the UMass Memorial Health hospital in Leominster is an essential service, according to state public health officials, representing the latest development in the health care system’s plan to close the unit Sept. 23.”

— “Slammed by climate emergencies, Mass. farmers ask, 'Now what?',” by Barbara Moran, WBUR: “It started with a deep freeze in February that killed most of the peach and plum crops. Then a May frost ruined a lot of the blueberries and apples. July brought heavy rains and floods. All told, the crazy weather has ruined nearly 3,000 acres of crops in the state, affecting more than 100 farms and costing about $15 million, according to [the] Department of Agricultural Resources. And it's left farmers asking themselves a pretty big question: how to keep farming in a rapidly changing climate.”

— “Former Foxboro town manager to receive four months' salary in exchange for resignation,” by Jeff Peterson, The Sun Chronicle: “Now-departed town manager John Coderre ‘voluntarily’ tendered his resignation in exchange for a financial settlement amounting to four months’ salary, according to the terms of a separation agreement released publicly this week. But the circumstances that prompted his abrupt exit less than three months after being hired remain veiled in secrecy.”

— “Trapped in limbo: Haitian refugees in Worcester await permission to work,” by Veer Mudambi, Telegram & Gazette.

— “North Andover's [Tuesday] storm damage estimated at $20M,” by Will Broaddus, Eagle-Tribune.

MEANWHILE IN NEW HAMPSHIRE

— THE CHRIS-ENING: Chris Sununu is “very partial to folks that have governor in front of their name.” But just because he introduced Chris Christie at a town hall in Salem, N.H., last night doesn’t mean he’s going to endorse him. Ditto for Doug Burgum , who Sununu appeared with at a recent house party. Or Vivek Ramaswamy , who he’s due to link up with next week.

Free of a reelection bid or a White House run in 2024, New Hampshire’s outgoing governor is hitting the presidential campaign trail for everyone else. Each appearance with a candidate raises questions about who Sununu is going to endorse. But he insisted to Playbook last night that he doesn’t have anyone in mind — yet. “As soon as I know, you’ll know," he said.

— “These libertarians want to take over New Hampshire. But first, a clothing-optional gun show,” by Annalisa Quinn, Boston Globe.

HEARD ‘ROUND THE BUBBLAH

TRANSITIONS — John Guerra has joined the Hildreth Institute as community outreach and public relations manager.

— Former Elizabeth Warren campaign manager and DNC deputy executive director Roger Lau is also now serving as senior adviser to the Biden Victory Fund. The expanded role includes advising the 2024 Democratic National Convention .

HAPPY BIRTHDAY — to state Rep. Tackey Chan, state Rep. Steven Ultrino, Matthew MacWilliams, Ryan O. Ferguson and Mike Linhorst . Happy belated to Jake Elitzer , who celebrated Wednesday.

Want to make an impact? POLITICO Massachusetts has a variety of solutions available for partners looking to reach and activate the most influential people in the Bay State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness among this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com .

 

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Lisa Kashinsky @lisakashinsky

 

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The GOP just tried to kick hundreds of students off the voter rolls

    This year, MAGA GOP activists in Georgia attempted to disenfranchise hundreds of students by trying to kick them off the voter rolls. De...