The Supreme Courton Thursday, announcing that it has yet to determine who leaked a draft opinion overturning Roe v. Wade to the media last year, but at least 90 people had access to the document at one point.
Employees were asked to sign affidavits, under penalty of perjury to affirm that they did not disclose the draft opinion and had provided all “pertinent information” related to the disclosure of the draft. They were also asked to swear to the truth of the statements before a Notary Public. “In time, continued investigation and analysis may produce additional leads that could identify the source of the disclosure,” Curley states. “Whether or not any individual is ever identified as the source of the disclosure, the Court should take action to create and implement better policies to govern the handling of Court-sensitive information and determine the best IT systems for security and collaboration.
While investigators found that certain employees emailed the draft opinion to other employees with approval, there “was no evidence discovered that anyone emailed the draft opinion to anyone else, although technical limitations in the Court’s computer recordkeeping at the time made it impossible to rule out this possibility entirely.”
Additionally, all employees who were requested to turn over the call and text records from their personal phones did so voluntarily, “to the best of their abilities.” Chertoff, in his own statement, said his “review assessed that the Marshal and her experienced investigators undertook a thorough investigation within their legal authorities, and while there is not sufficient evidence at present for prosecution or other legal action, there was important insights gleaned from the investigation that can be acted upon to avoid future incidents.”
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