DOJ Intensifies Criminal Probe Into Supreme Court’s Politico Leak

The Justice Department has intensified its criminal investigation into the 2022 leak of the Supreme Court's decision overturning Roe v. Wade, issuing grand jury subpoenas to identify the source, according to The New York Times. U.S. Attorney Jeanine Pirro in Washington, D.C., is leading the expanded probe, which has accelerated in recent weeks.

The investigation seeks testimony and information from individuals who worked at the court when the draft opinion was disclosed to Politico in May 2022. The leak, reported by Politico, revealed that the justices were preparing to eliminate the constitutional right to abortion nearly two months before the formal ruling. Despite an internal investigation by Chief Justice John Roberts that interviewed 97 court employees and clerks, no suspect was identified in January 2023.

The new probe raises separation-of-powers concerns due to the potential access to confidential judicial deliberations. While unauthorized disclosures involving national security can carry criminal penalties, the Supreme Court's internal deliberations are not explicitly protected by federal law. The investigation also places the Justice Department in a position of potentially seeking sensitive records from another branch of government.