Wednesday, May 4, 2022

Grab your popcorn update

The scope of the Roberts-authorized investigation [of the Alito draft abortion rights decision leak] is unknown. A probe of the small and clubby staff of the Supreme Court would put every justice in an uncomfortable position, exposing them to questions about their phone and email records in ways that justices are rarely, if ever, confronted. And any thorough investigation is likely to also sweep up the families and close associates of justices and clerks.

“If there’s a serious investigation of who leaked, am I right that it likely includes not only all the clerks and Court staff that would have access to the opinion, but also the Justices and their families?” wondered Orin Kerr, a law professor who has argued before the Supreme Court. “Could be pretty wide-ranging.”

Some legal experts noted that the circumstances surrounding the draft opinion’s disclosure — such as whether any money changed hands — would determine whether a criminal predicate exists. A spokesperson for POLITICO emphasized that the company did not and would not pay to obtain the document.

“POLITICO doesn’t pay for information or sources,” said spokesperson Brad Dayspring.

The discussion of a potential crime was the subject of debate among lawmakers Tuesday morning during a Senate Judiciary subcommittee hearing. When Sen. John Kennedy (R-La.) suggested that the DOJ explore the disclosure of the draft opinion Tuesday, Sen. Sheldon Whitehouse (D-R.I.) shot back that it was unclear what potential crime the department would be investigating.

  Politico
And, indeed, SCOTUS might well regret an investigation into their own muck.

...but hey, do what you want...you will anyway.

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