Federal prosecutors have escalated the investigation into the 2022 leak of a draft opinion that overturned Roe v. Wade. Under the direction of U.S. Attorney Jeanine Pirro and senior deputy Carlton Davis, a grand jury is now issuing subpoenas to former Supreme Court employees who had access to the document.
Why the leak matters
The draft, originally published by Politico on May 2, 2022, showed a conservative majority ready to end the constitutional right to abortion, sparking nationwide protests and a seismic shift in American jurisprudence. Although the final decision was issued weeks later, the breach left a lasting scar on the Court’s reputation.
Legal hurdles
Prosecutors face a unique challenge: disclosing an internal Supreme Court draft is not a federal crime. Unlike classified military or intelligence material, the opinion carries no official classification. To pursue charges, investigators must rely on creative legal theories, such as treating the draft as stolen government property or pursuing perjury if a witness lies during testimony. A five‑year statute of limitations means the case must be resolved before spring 2027.
Constitutional concerns
The aggressive use of executive‑branch authority to probe the Court raises separation‑of‑powers questions. Critics argue that forcing sworn testimony about private deliberations of the nation’s highest judges could infringe on judicial independence.
Previous internal efforts
Chief Justice John Roberts previously ordered the Court marshal to interview nearly 100 staff members, examine IT servers, and review phone logs, but those efforts yielded no suspect by early 2023. Justices have hinted the mystery remains unsolved; Justice Samuel Alito expressed strong suspicion about the source, while Justice Elena Kagan told lawmakers the bench has not fully closed the case.
Next steps
With the power to compel sworn testimony under penalty of perjury, federal prosecutors hope the grand‑jury subpoenas will break the deadlock that stymied the Court’s own investigation. Whether the inquiry will finally identify the leaker or run into the same impasse remains uncertain.
Original reporting: Tampa Free Press — read the source article.
