The Justice Department has stepped up its criminal investigation into the 2022 leak of a draft Supreme Court opinion overturning Roe v. Wade, issuing grand jury subpoenas as prosecutors seek to identify who provided the document to Politico, The New York Times reported Thursday.
The investigation, overseen by U.S. Attorney Jeanine Pirro in Washington, D.C., has accelerated in recent weeks, with prosecutors seeking testimony and information from people who worked at the court when the draft was disclosed. Politico’s May 2022 report revealed that the justices were preparing to eliminate the constitutional right to abortion, nearly two months before the court formally issued its ruling.
The renewed probe comes more than three years after the Supreme Court’s internal investigation failed to identify the leaker. Prosecutors have not disclosed whether they have uncovered new evidence or what prompted the renewed push.
Chief Justice John Roberts ordered an internal investigation shortly after Politico published the draft. Court investigators interviewed 97 staff members and clerks, while the justices were consulted but not formally interviewed, according to the Times. The inquiry ended in January 2023 without identifying a suspect and highlighted weaknesses in the court’s security procedures.
President Donald Trump has repeatedly called for the leaker to be identified. In July, he publicly demanded that the person responsible be found, joining conservatives who have pressed for a criminal investigation into the disclosure.
The case presents an unusual legal challenge. While unauthorized disclosures involving national security information can carry criminal penalties, no equivalent federal statute specifically protects the Supreme Court’s internal deliberations. Prosecutors could potentially examine whether court employees made false statements during the original investigation, though no charges have been announced.
“The Department does not comment on the existence of ongoing investigations or lack thereof,” a DOJ spokesperson told TheWrap Thursday.
