As the Supreme Court conducts an investigation into who leaked the draft of the decision to overturn Roe V. Wade, it has remained mum about the progress of that investigation despite repeated questions from media outlets including The Daily Wire.
The Wire has repeatedly pressed the court for information about who leaked the draft, but a spokesman has not responded to those questions in any of its briefings.
Chief Justice John Roberts ordered the court marshal to find out the identity of the leaker after the leak occurred on May 2, but 50 days later it appears that the court still doesn’t know who leaked the document, or isn’t saying so publicly.
“This leak was intended to intimidate the justices and threaten the whole institution of the Court,” Republican Missouri Sen. Josh Hawley said to The Wire. “Now the Court is facing an all-out assault from the left with an assassination attempt on a sitting justice and elected Democrats declaring an entire branch of government ‘illegitimate.’”
“Thankfully, the leak did not change the outcome of this monumental case, but we need to get to the bottom of what happened and ensure it never does again,” he added.
Constitutional law professor at South Texas College of Law Houston Josh Blackman speculated that the court may know the identity of the leaker, but may be waiting until the term’s end (which is this week) to reveal that information.
Additionally, Blackman said, the leaker could decide to go public themselves if they are on the verge of being outed.
But Blackman said he believes the court still doesn’t know who leaked the draft, since “the Supreme Court Marshal is not equipped to perform a full investigation, including cyber forensic work.”
“Her job focuses on maintaining security at the Supreme Court building,” he explained. “The FBI would be fully staffed to perform a competent investigation, but due to the separation of powers, Chief Justice Roberts does not want the executive branch getting involved. It would be problematic for people who work for Biden interrogating the Justices and the law clerks.”
The Daily Wire was not able to ascertain whether the FBI has been involved in the investigation to find the leaker.
Judicial Crisis Network President Carrie Severino pointed out that when the term ends, the current clerks will leave and the court may never be able to figure out what happened.
She said that the “pressure” to determine who the leaker was and how it happened may have diminished now that the decision has been announced, but that letting it go unpunished will only encourage more leaks in the future.