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Identity of SCOTUS draft leaker comes closer to being revealed as list of suspects narrows

July 30, 2022 | | Print Article

The identity of the person responsible for leaking the draft decision that was ultimately issued to overturn Roe v. Wade remains a mystery but the investigation is narrowing in on who may have had a hand in the unprecedented action.

The draft opinion in Dobbs v. Jackson Women’s Health Organization was reportedly accessible to around 70 individuals in the Supreme Court but that pool has been whittled down, multiple sources told Fox News.

Reportedly, around half of those identified are law clerks who have been the focus of the investigation initiated on May 3 by Chief Justice John Roberts but no status update on the problem has been provided by the high court.

“No comment” was the official word from the court’s public information officer in a statement to Fox News on Friday.

As part of the investigation, the clerks were evidently asked to hand over their cellphones and sign affidavits. However, it’s unknown how many may have complied.

The efforts to pinpoint the crack in the constitutional institution may also be complicated by the fact that the clerks typically sign on with one-year contracts to work for a specific justice that usually ends halfway through July.

Although the leaker could be hit with criminal charges, it could be complicated if they did, in fact, have a right to view the document through the course of their employment. However, if they were to sign an affidavit stating they took no part in the leak and incriminating evidence is later found against them, it’s plausible they would be charged with making false statements to government officials.

Roberts condemned the leak and assured the public that it would not affect the court’s process.

“To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed,” he said the day after the opinion was leaked. “The work of the Court will not be affected in any way.”

Before Roberts directed the Court’s marshal to investigate the leak, Roberts was reportedly working to maintain the precedent set by Roe v. Wade and the publicity hamstrung his efforts to sway his conservative colleagues.

“Multiple sources told CNN that Roberts’ overtures this spring, particularly to Kavanaugh, raised fears among conservatives and hope among liberals that the chief could change the outcome in the most closely watched case in decades,” CNN analyst Joan Biskupic said this week. “Once the draft was published by Politico, conservatives pressed their colleagues to try to hasten release of the final decision, lest anything suddenly threaten their majority.”

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