Overview
- The New York Times reported Thursday that federal prosecutors have issued grand‑jury subpoenas and sought records and testimony from people who worked at the Court when Politico published a leaked draft of Justice Samuel Alito’s Dobbs opinion in May 2022.
- U.S. Attorney Jeanine Pirro is overseeing the matter and has assigned prosecutor Carlton Davis to lead work with career DOJ lawyers, though investigators have not publicly identified a suspect or announced a specific criminal charge.
- Legal experts say no statute plainly bars releasing a draft opinion, so prosecutors are reportedly weighing options such as theft of government property or false statements to investigators, and some candidate statutes carry five‑year limitations that could run out in spring 2027.
- The Supreme Court’s own 2023 internal probe interviewed 97 staffers and concluded it could not identify the leaker by a preponderance of the evidence, so grand‑jury subpoenas mark a sharper, broader investigative tool that could require cooperation on highly restricted material.
- Coverage and commentary split along political lines, with conservative outlets emphasizing accountability and calls from officials to find the leaker while legal scholars and other outlets warn the inquiry could risk executive encroachment on judicial independence and expose fragile Court security practices.