Supreme Court Leak Investigation Stalls as Justice Department Faces Deadline
Justice Department faces deadline to charge Dobbs leak, as Supreme Court’s investigation hits roadblocks.
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The U.S. Justice Department is racing against time to charge the leaker of the Supreme Court’s Dobbs decision, which overturned Roe v. Wade, with a six-month window to act before the statute of limitations expires. Despite months of investigation, the Court’s own internal probe found no evidence of a crime, leaving prosecutors to rely on general statutes to pursue the case.
Investigation Fails to Uncover Crime
The Supreme Court’s Marshal’s Report, released in January 2023, described an investigation that conducted 126 interviews, collected laptops and phones, and reviewed legal research histories. Yet, it concluded that no specific crime was committed, as no statute criminalizes leaking a draft opinion. The report highlighted technical limitations, such as the inability to access personal phone records and the difficulty of tracking email transmissions.
Prosecutors Seek General Statutes
Despite the lack of a specific crime, prosecutors under Attorney General Jeanine Pirro are looking to apply general statutes like 18 U.S.C. §641, which criminalizes the disposal of government records, and 18 U.S.C. §1001, which penalizes false statements. However, the Department’s own policy limits the use of §641 for intangible information, creating a legal hurdle for prosecutors.
Deadline Looms for Charges
The Justice Department has until May 2024 to file charges under the federal statute of limitations. The deadline adds pressure to the case, as the Department must balance the need for a swift resolution with the complexities of proving intent and motive. Justice Samuel Alito, who has a strong suspicion about the leaker, emphasized that a hunch is not enough for a conviction.
Political Divide Over the Case
The case has become a political flashpoint, with the Left dismissing the investigation as a vendetta and the Right celebrating it as a long-awaited opportunity. Both sides are urged to read the Marshal’s report before making further claims, as it details the Court’s own findings and the challenges in proving a crime.
Source: Daily Wire
