We don’t know at this point who leaked the Supreme Court draft opinion overturning two major abortion decisions, but we do know that this “suicide bomber,” as a former law clerk called them, is guilty of obstruction of justice and, in the words of another former law clerk, “violat[ed] like, ten different procedures.”
Mike Davis, a former law clerk for Supreme Court Justice Neil Gorsuch, and who worked with the Senate Judiciary Committee on judicial nominations, spoke with me on KTTH radio and said, “You’re supposed to be dealing with the youngest, smartest, young lawyers and law grads in the country, and they have ethical obligations as young lawyers, future lawyers.” Davis, who now leads the Article III Project, said each law clerk signs agreements with the Court not to snitch. Plus, he told me, “There are federal statutes that prevent the misuse of federal property; there are federal statutes that prevent obstruction of justice.”
The chain of custody system for documents is intricate and inviolate, that is until a person decides they’re bigger than the Supreme Court’s integrity and violate it.
“The Supreme Court has an intranet system,” Davis continued, “that’s not connected to the internet when it comes to circulating drafts like this to prevent hacks and leaks like this, so this leak is bad in a lot of ways.” He says it endangers all the justices, but especially ones whom Politico reported had not signed on to the majority opinion. That number includes Chief Justice John Roberts.
The Washington Post reports that it’s doubtful the feds will prosecute the leaker. That’s hard to believe considering what’s at stake. Plus, that which is rewarded is repeated.
Chief Justice Roberts turned the case over to the Supreme Court Police. They could bring in the U.S. Marshals Services.
Read the full article HERE.