Clarence Thomas Sells Memoirs

The Commiepost ^ | 1/9/03 | Charles Lane

[hobbes1]

f>

Supreme Court Justice Clarence Thomas has agreed to sell his memoirs to a New York-based publisher for a seven-figure advance, according to publishing industry sources.

The deal between the 54-year-old justice and HarperCollins, which is owned by conservative media baron Rupert Murdoch, appears to be the most lucrative ever for a sitting member of the modern Supreme Court.

Patty Kelly, a spokeswoman for HarperCollins, said Thomas's book would "trace his life from his upbringing through his confirmation to the court" in 1991 -- including the battle over sexual harassment charges by a former aide, Anita Hill, about which she and others have already written books.

Kelly declined to discuss dollar figures, but industry sources said that HarperCollins made a million-dollar offer to outbid several other companies. The book is due to go on sale in the fall of 2005.

After a standard 15 percent fee for his literary agent, Lynn Chu, Thomas stands to receive an amount from HarperCollins that is at least 4 1/2 times his annual $184,400 salary. Thomas declined to comment.

The deal is permitted by federal ethics laws. There is a $23,000 annual limit on the income a member of the federal judiciary may earn from such outside activities as teaching. But earnings from books are exempt from the cap.

The American Bar Association's Model Code of Judicial Conduct, which is not legally binding but is widely adhered to by judges, does not specifically mention earnings from books, but does say that "a judge shall not engage in financial and business dealings that . . . may reasonably be perceived to exploit the judge's judicial position or . . . involve the judge in frequent transactions or continuing business relationships with . . . persons likely to come before the court on which the judge serves."

Thomas may thus face decisions about recusing himself from cases potentially affecting HarperCollins or Murdoch's broader holdings, legal analysts said.

Another issue could be the amount of promotion Thomas is called upon to do for the book. The greater the advance paid, the more publishers expect an author to help sell the book through television interviews and public appearances. A book needs to sell about 250,000 hardcover copies to recover a $1 million advance, publishing industry executives said.

"There is a fuzzy line of unseemliness," said New York University law school Vice Dean Stephen Gillers, a legal ethics expert who said he generally saw no problem with Thomas's deal. "Here, an active self-promotion campaign could trip over the . . . line. Judges are not supposed to be in the public eye too much. It's a question of judgment and proportion, taste even."

A publishing executive familiar with the negotiations said Thomas, who generally shuns the media, told interested publishers that he was "very, very concerned that he uphold the dignity of the court" in promoting the book.

Appearance problems ultimately torpedoed a $4.5 million advance that Chu negotiated for then-House Speaker Newt Gingrich in 1995, also with HarperCollins. A House ethics committee report said the huge deal created "the impression of exploiting one's office for personal gain." Gingrich agreed to accept a $1 advance and a standard percentage of the royalties.

Excerpt... Rest Here.

[hobbes1]

Do the math. 250k Copies per million, and How much Did Satan and Her evil Husband get?

[hobbes1]

Appearance problems ultimately torpedoed a $4.5 million advance that Chu negotiated for then-House Speaker Newt Gingrich in 1995, also with HarperCollins.

But 8mil for a senator select is OK?

[aristeides]

I wonder if this means he's willing to go through the confirmation process for becoming chief justice.

[blackdog]

I for one would desire to hear from the first black judge appointed to the SCOTUS about how he got there, what went good, what went wrong, and how he dealt with it.

I would like to read it all BEFORE HE RETIRES OR DIES. I would think liberals and blacks would want that too.

I don't know about you, but the stank of those Anita Hill hearings and the tiny hairy details is not the way one would like to be on record. Much like hearing about the Clinton Whitehouse Christmas tree has forever ruined my Christmas tree festivities.

[blackdog]

Correction folks.... I meant to say first black judge in my lifetime. Marshall is a crusty old fine memory but I do not know of his life relevant to my experiences.

[mhking]

Black conservative ping

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[stand watie]

i'll read them, BUT most of the people who SHOULD will NOT. to quote an old, but true saying:

there are none blinder, than those who will NOT see.

free dixie,sw

[Corporate Law]

The difference between Justice Thomas and the two sleazeballs is that not only will his book actually be published, but Justice Thomas will probably actually write his, not doling the task to some sycophant ghost writer like the Toons would.

[WaterDragon]

Thanks for the ping! I can't wait to buy a copy of Thomas' biography!