Shan Wu: The pitfalls in calling for a criminal investigation into the Supreme Court’s leak. - NBCNewsTHINK
“ if the supposedly stolen property was obtained or used to be disseminated to the public.
. The point of that Justice Department policy is to protect whistleblowers and the media. The leak of this draft opinion would fall squarely within this prohibition against criminal prosecution.the Supreme Court has dealt with leaks. Information about the super-secret deliberations among the justices about Roe v. Wade itself was leaked in 1972 to The Washington Post.
Some court opinions might refer to classified materials, and specific kinds of courts, like the U.S. Foreign Intelligence Surveillance Court, may issue classified opinions, but the vast majority of court opinions aren’t classified and are meant for public consumption. The draft decision at issue here, in Dobbs v. Jackson Women’s Health Organization, falls into that category.
If the leaker was a judicial clerk, it’s not even clear whether the clerk would face any formal bar disciplinary proceedings, given the lack of clearly applicable legal ethics rules, like attorney-client privilege, for judicial clerkships.
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