The Justice Department has launched a criminal investigation into the explosive 2022 leak of a draft Supreme Court opinion that would overturn Roe v. Wade, marking a significant escalation in the years-long mystery that rocked the nation’s highest court.
Federal prosecutors have recently issued grand jury subpoenas and sought information from individuals who worked at the Supreme Court when the draft opinion in Dobbs v. Jackson Women’s Health Organization was leaked to Politico, according to a New York Times report. The investigation, led by U.S. Attorney for the District of Columbia Jeanine Pirro and prosecutor Carlton Davis, has gained momentum in recent weeks though no suspect has been publicly identified.
An Unprecedented Breach
The May 2022 disclosure marked the first time in history that a draft Supreme Court decision was made public while a case remained pending. The leaked document, written by Justice Samuel Alito and dated February 10, 2022, declared Roe v. Wade “egregiously wrong from the start” and outlined arguments that would ultimately form the basis of the Court’s June 24 decision to overturn the landmark abortion rights case.
Chief Justice John Roberts immediately condemned the leak as a “singular and egregious breach” of trust and ordered an internal investigation. That probe, conducted by Supreme Court Marshal Gail Curley, interviewed 97 employees with access to the draft but failed to identify the leaker by the required “preponderance of the evidence” standard.
Legal and Political Ramifications
The renewed criminal investigation raises complex legal questions about what statute might have been violated. Legal experts note there is no specific law prohibiting the release of internal court documents, though prosecutors could examine whether the leaker violated statutes against theft of government property or made false statements during the initial investigation.
Justice Alito has repeatedly stated his belief that the leak endangered the conservative justices, telling Fox News he had “a hunch” about who was responsible but lacked sufficient evidence to make an accusation. The leak preceded a spike in threats against justices, including an armed man’s arrest near Justice Brett Kavanaugh’s home.
Timing and Tensions
The probe’s revival comes as some potentially applicable statutes of limitations could expire in 2027. It also places the Justice Department in a delicate position as the Supreme Court considers cases central to presidential authority and other high-stakes matters.
While the Court’s internal investigation proved inconclusive, several justices have expressed ongoing interest in identifying the leaker. Justice Elena Kagan told Congress the Court would “pursue it till the end,” while Justice Amy Coney Barrett has described such disclosures as illegal.
Source: www.dailywire.com โ https://www.dailywire.com/news/doj-launches-criminal-probe-into-2022-supreme-court-dobbs-leak