Justice Department Takes Supreme Court Leak Probe to Grand Jury

The Justice Department has stepped up its investigation into who leaked a draft of the Supreme Court’s 2022 decision overturning Roe v. Wade. Prosecutors have sent grand jury subpoenas in recent weeks and are seeking details from former court employees who were there when the draft became public in May 2022, two months before the ruling was issued.

Trump Justice Department Revives Probe Into Supreme Court Leak

The Justice Department under President Donald Trump has escalated its effort to identify the person who disclosed a draft of the Supreme Court’s decision overturning Roe v. Wade. Prosecutors have issued grand jury subpoenas and are seeking details from former court employees who were there when the draft became public in 2022. Washington U.S. Attorney Jeanine Pirro is overseeing the inquiry, with deputy Carlton Davis and career prosecutors assigned to the case.

The investigation could draw the court’s employees and highly restricted records into a criminal probe, including material concerning justices’ private deliberations. The court previously interviewed 97 staff members and clerks in its own inquiry, but did not identify a suspect. The leaker has not been publicly named, and it remains unclear what charge prosecutors could bring.

The renewed push raises serious questions about executive pressure on an independent judiciary. A constitutional law professor has warned that if the disclosure was not criminal, pursuing the case could amount to the executive branch harassing the judicial branch. Trump called for the leaker to be found in July, while the investigation’s timing and any role for White House pressure remain unclear. Some potentially applicable laws carry five-year filing windows that would expire in the spring.

Supreme Court Leak Probe Seeks Accountability for Confidential Draft

The Justice Department is taking a consequential step toward identifying who disclosed a confidential draft of the Supreme Court’s 2022 decision overturning Roe v. Wade. Grand jury subpoenas have gone to individuals in recent weeks, and prosecutors are seeking details from former court employees who were present when the document became public. Washington U.S. Attorney Jeanine Pirro is leading the investigation alongside deputy Carlton Davis and career prosecutors.

The leak made a draft of the court’s abortion ruling public two months before the justices formally issued it. The court’s internal investigation interviewed 97 staff members and clerks but failed to identify the source. The person responsible has never been publicly identified, and prosecutors still face questions about what law could apply; possible statutes involving government property or confidential information would be unusual choices.

The inquiry tests whether a serious breach of the court’s confidentiality can be investigated without crossing the line into interference with judicial independence. Prosecutors may need to seek access to court employees and tightly restricted records, including material tied to private deliberations. The next steps are unclear, and some possible charges face a five-year deadline that would arrive in the spring.