Report reveals SCOTUS leak investigation faced significant difficulties

By 
 February 5, 2023

CNN has published a report that may explain why the investigation into the unprecedented leak failed to discover the perpetrator. 

The report is based on "multiple sources familiar with the court’s operations."

What these sources reveal are "yearslong lax internal procedures that could have endangered security."

This would appear to confirm the findings of the court's own investigation.

Background

In the spring of 2022, there was an unprecedented leak of a U.S. Supreme Court draft decision. The decision was for the important abortion case Dobbs v. Jackson Women's Health Organization. 

The leak revealed that the justices were planning to overturn the landmark abortion case Roe v. Wade - in which the justices discovered a constitutional right to have an abortion. The justices would go on to officially overturn Roe during the summer of 2022.

Despite the fact that the court made it clear that it was not "banning" abortions - that it was only returning the controversial abortion issue back to the people through their state legislators - the Democrats proceeded to capitalize politically on the draft decision leak.

An investigation into the leak was ordered by Chief Justice John Roberts. After many months, that investigation failed to identify the culprit. The court's marshal, who led the investigation, released a report saying that the investigation has been "unable to identify a person responsible by a preponderance of the evidence."

The report, however, did reveal that the court was not as secure as it ought to have been. And, now, CNN's report appears to fill in some of the blanks.

CNN's report

CNN, citing insiders, reveals various ways in which the Supreme Court's internal security was not what it should have been at the time of the leak. 

CNN reports that "some Supreme Court justices often used personal email accounts for sensitive transmissions instead of secure servers set up to guard such information."

The outlet further reports that "Supreme Court employees also used printers that didn’t produce logs – or were able to print sensitive documents off-site without tracking - and 'burn bags' meant to ensure the safe destruction of materials were left open and unattended in hallways."

Insiders cited by CNN indicate that these internal security issues had been going on for a number of years by the time the draft decision leak occurred in the spring of 2022.

The Supreme Court has not commented on CNN's report. If true, the report provides a troubling behind-the-scenes look at one of our country's most important institutions.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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