Overview
- Federal prosecutors have moved the inquiry into a criminal investigation and in recent weeks issued grand-jury subpoenas seeking testimony and records from Supreme Court staff, according to multiple reports.
- U.S. Attorney Jeanine Pirro’s office is overseeing the probe and has assigned prosecutor Carlton Davis to lead the effort alongside career prosecutors, though officials have declined public comment.
- The Supreme Court’s own January 2023 internal review interviewed 97 employees and found security gaps but said it could not identify a leaker by a preponderance of the evidence.
- Legal experts warn there is no statute that specifically bans leaking Supreme Court draft opinions, so prosecutors may pursue broader offenses such as theft of government property or false statements which carry evidentiary hurdles.
- Investigators face timing pressure from potential five-year statutes of limitations that could expire in spring 2027 and the probe raises separation-of-powers questions because grand-jury subpoenas could require access to highly restricted internal court records.