By John R. Byrne
"[I]nvestigators have been unable to determine at this time, using a preponderance of the evidence standard, the identity of the person(s) who disclosed the draft majority Opinion in Dobbs v. Jackson Women’s Health Org. or how the draft opinion was provided to Politico."
That's the conclusion of the Marshal of the Supreme Court's investigation into the leak of draft opinion in Dobbs. Takeaways are:
- (1) it's "unlikely" outsiders hacked into the Court's network to get the draft;
- (2) the "whodunit" list was long (in addition to the judges, 82 "employees" had access to electronic or hard copies). All were interviewed. All denied leaking it;
- (3) the pandemic was blamed in part (according to the report, it led to more people working from home and more opportunities to remove sensitive information from the building);
- (4) Chief Justice Roberts asked Michael Chertoff to review and assess the Marshal's investigation. Chertoff endorsed its thoroughness and findings.
It doesn't appear that the Justices were interviewed. The Report refers to "formal interviews of 97 personnel," with personnel defined as "temporary (law clerks) and permanent employees." But hard to believe they didn't interview the Justices.
Excerpting the full report below.
Dobbs Public Report January 19 2023 by John Byrne on Scribd
