The U.S. Attorney’s Office in Washington, D.C. has escalated its criminal investigation into the unprecedented leak of a draft Supreme Court opinion overturning Roe v. Wade, issuing grand jury subpoenas to former court employees, according to a New York Times report.
The Court’s Polite Inquiry
While the Supreme Court conducted its own internal investigation for eight months, its probe was hamstrung by limited authority. The court’s marshal interviewed 97 employees, collected work devices, and made staff sign sworn affidavits – yet couldn’t compel testimony or seize personal phone records that might reveal who slipped the Dobbs draft to Politico in May 2022.
Prosecutorial Firepower Arrives
Justice Samuel Alito hinted at the limitations last year, telling the Wall Street Journal: “I personally have a pretty good idea who is responsible, but that’s different from the level of proof that is needed to name somebody.” Now federal prosecutors are deploying tools Alito couldn’t – subpoenas for phone records, compelled testimony, and potential immunity deals to flip lower-level staffers.
The Legal Tightrope
Prosecutors face tricky legal questions about which charges could stick. While no statute specifically criminalizes leaking court documents, potential charges range from theft of government property to false statements. A Justice Department policy protecting whistleblowers who disclose information for public benefit could complicate matters, forcing prosecutors to prove the leak was intended to influence the Court rather than inform citizens.
The Clock is Ticking
With the five-year statute of limitations expiring in May 2024, the DOJ has about six months to decide whether to bring charges or close the case. The false statement affidavits signed by court employees extend that deadline slightly, but the window for holding someone accountable for the historic breach is rapidly closing.
Source: www.dailywire.com โ https://www.dailywire.com/news/behind-the-final-hunt-for-the-dobbs-leaker