But do we even need proof positive, as though that would even be possible, that Ginni told Clarence that she sent the text? Isn't the mere proximity close enough? Isn't the danger that she could have involved and influenced him in it, either before the text or else during a Supreme Court vote on the transition question, enough to act to stop it? Do we really need a fucking audio recording of her saying the exact words being required here before we act?
This reminds me very much of the Pete Rose slappies who like to say he should be reinstated by Baseball and placed into the Hall because, even though he clearly broke Rule 21(d) by betting on games in which he had a duty to perform, and eventually even admitted doing so, what he did is still not a threat to the integrity of the game because there's no reported evidence that he bet on his team to lose.
But in the end, it doesn't matter whether Pete Rose never bet on his team to lose. The point is that he put himself in the position of betting on his team to lose, by betting on games in which he had a duty to perform at all. Baseball doesn't need to dig through piles of evidentiary minutiae to determine whether he crossed the fine line between betting to win and betting to lose. That's why regardless of whether someone with a duty to perform bets on his own team to win or lose, they are still declared permanently ineligible just for the act itself. By setting it up that way, the Pete Roses of the world can't beat the gambling rap on a technicality.
And that's why Ginni Thomas must be subpoenaed and, if found guilty of exactly this behavior, appropriate justice served her, whatever that might be, because she put herself in the position of directly compromising the integrity of a Supreme Court justice. And Clarence Thomas himself must be made to resign his justiceship because of the proximity. Because they shouldn't be allowed the opportunity to get away with undermining our democracy on a fucking technicality.