According to the Washington Examiner, the marshal of the U.S. Supreme Court has just revealed that, during the leak investigation, the justices were interviewed but not implicated.
This is the latest update on the unprecedented leak of the Supreme Court's draft decision in Dobbs v. Jackson Women’s Health Organization - the decision in which the justices overturned the landmark abortion ruling Roe v. Wade, returning the controversial abortion issue back to the people through their state legislators.
Following the leak - which was made to Politico in the spring of 2022 - Chief Justice John Roberts ordered an internal investigation into the matter to be led by the court's marshal, Gail A. Curley.
After some eight months, the investigation has concluded, but not the way that many had hoped.
According to Fox News, Curley's investigation failed to identify the person behind the leak. The specific words used in Curley's report are that the investigation has been "unable to identify a person responsible by a preponderance of the evidence."
Curley, for the investigation, interviewed the Supreme Court's roughly 100 employees, and, all have reportedly denied responsibility for the leak.
Curley's report states:
The investigation has determined that it is unlikely that the Court's information technology (IT) systems were improperly accessed by a person outside the Court. After examining the Court's computer devices, networks, printers, and available call and text logs, investigators have found no forensic evidence who disclosed the draft opinion.
Curley, however, noted that the COVID "pandemic and resulting expansion of the ability to work from home, as well as gaps in the Court's security policies, created an environment where it was too easy to remove sensitive information from the building and the Court's IT networks."
Before concluding the report, Curley said that some aspects of the investigation are ongoing. But, the report, overall, seems to come to the conclusion that the investigation is essentially over and it will not identify the leaker.
A lot of criticism was directed at the Supreme Court following the release of Curley's investigative report.
There has been much speculation about the findings with many suggesting that the investigation found the leaker but the Supreme Court has decided not to release the leaker's identity in order to protect that person and the court.
It was after this speculation that Curley released another statement clearly looking to put such rumors to bed.
During the course of the investigation, I spoke with each of the Justices, several on multiple occasions. The Justices actively cooperated in this iterative process, asking questions and answering mine. I followed up on all credible leads, none of which implicated the Justices or their spouses. On this basis, I did not believe that it was necessary to ask the Justices to sign sworn affidavits.
It appears that, for now, the leaker has escaped justice.