Is there any status to the internal investigation of who leaked draft opinions in the Dobbs case
Chief Justice John Roberts opened an internal investigation into who leaked the opinion, calling it “appalling” and an attack on the integrity of the Court that would not succeed. “To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed,” the chief justice said in a rare public statement. “The work of the Court will not be affected in any way.”
The investigation is being conducted by Marshal Gail Curley. He was a former U.S. Army Colonel with extensive legal experience in the military.
But since then, we haven’t heard anything official, and it’s been almost three months. Fox News asked the Court for comment on this matter. They’re not even saying if any other law enforcement has been called in on the matter.
Fox News is now providing more detail. Multiple sources have confirmed that 70 individuals were believed to have been able to access the opinion. The investigation now narrows down potential suspects.
Loads of credit due to our producer, Bill Mears, who never stops digging on what’s going on with the #SCOTUSInvestigation of a leak: pic.twitter.com/q0EZIN3V9K
— Shannon Bream (@ShannonBream) July 30, 2022
About three dozen or so law clerks were asked to turn over their cellphones and sign affidavits, presumably saying they didn’t leak the opinion. It’s not clear if all the clerks complied. They generally have only a one-year term. Many of the clerks who were there may have left to find other work. Getting anything from them in the future may be difficult with just an internal investigation, and it’s not clear if there is any other investigation going on apart from the internal investigation.
Curley asked her permanent court staff members to also turn over their mobile phones and other electronic devices. But there’s only so much that Curley can do if, she doesn’t have subpoena power or any real investigative force behind her actions.
The Supreme Court justices faced demonstrations at home and were under constant threat. A leftist organization offered bounties to tattling justice when anyone spots it, so that the radicals could rush to them and harass them. Radicals have also set fire to pro-life centers and vandalized churches.
The question of who it is and what “side” the person is on has been a question of great interest, with people on both sides of the aisle convinced that it’s the other side–although the conventional wisdom is that it’s a person on the left.
SCOTUSblog contributor Tom Goldstein has also suggested a theory. He observed that both Alexander Ward (a national-security reporter and Josh Gerstein) wrote the Politico article. This led him to speculate that Ward’s only logical explanation for having a mention in the SCOTUS news story was that Ward went to the leaker. Dan pointed out Ward’s experience as a Vox reporter before he joined Politico. This gives Ward more confidence in assuming that the leak came indeed from the left.
As CNN reported, there are still leaks. CNN has been notified by someone about the alleged plans of Chief Justice John Roberts to encourage people to Save. Roe.
So, they obviously need to figure out where the leaks are coming from, if they hope to preserve the integrity of the Court–or this may happen again.
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