Supreme Court’s report on Dobbs investigation fails to find draft leaker
The Supreme Court declared Thursday that its investigation into the leak of a draft decision signaling Roe V. Wade’s overturning has been completed after nearly nine months.
A 20-page public version of the investigation was released by the court. Chief Justice John Roberts originally asked the Supreme Court marshal to conduct the investigation. But Roberts later requested an outside group, the Chertoff Group, to assist in the investigation.
The report states that “the team has not been able to identify a responsible person by a preponderance evidence”.
Concerning Supreme Court Marshal Gail Anne Curley’s investigation, an unsigned report note notes that “Investigators continue reviewing and processing some electronic data that was collected and a few additional inquiries remain pending.” This indicates that although the report is still inconclusive the investigation is not finished.
Further, the statement stated that investigators would pursue additional information if they find new evidence.
According to Curley’s statement, “The Marshal” and her team “will continue to receive our full support.”
Just one week after publishing an exclusive Wall Street Journal report, the high court’s May report on the leaked draft opinion comes only one week later. While the report contained few details about the investigation, it noted that officials had suggested at least one law clerk was a suspect.
However, employees at the court were interviewed in the course of the investigation and all denied being the source of the leak. According to the new report, there was no evidence of a technological breach.
In a separate statement, Michael Chertoff, former Homeland Security secretary under President George W. Bush’s administration, stated that he had recommended several security measures to the high court.
Chertoff examined the court’s internal investigations and concluded that they were thorough. He stated, “At the moment, I cannot identify any other useful investigative steps.”
Politico leaked the draft opinion in May. This signalled that the high court was ready to vote along conservative-liberal ideologies to overturn Roe. The June 24 opinion in Dobbs. Jackson Women’s Health Organization had very few changes to the draft.
Justices faced increased security concerns in their homes due to pro-abortion rights protesters. Justice Brett Kavanaugh was also threatened in June by a 26-year old man who came to his Maryland home with the intent of killing him, according to 911 calls.
Justice Neil Gorsuch indicated on Sept. 8 the ongoing investigation into the leak and expressed his “hope” that a report would be forthcoming on the findings of the internal investigation by the high court.
Gorsuch stated that the chief justice had appointed an internal committee to supervise the investigation at the 10th Circuit Bench and Bar Conference in Colorado. “That committee was busy and we look forward to their report, I hope soon.”
Gorsuch indicated the release of the report several months before the Jan. 19 release. This prompted court watchers to speculate about whether or not a report would be released and if it would be made public.