Here’s how the SCOTUS Leaker could end up behind bars

  • Prosecutors could bring criminal charges against the person who leaked the draft notice of a Supreme Court decision to the press, but the case is more complicated if the leaker had the right to access the document, according to Zack Smith, Legal Officer for the Meese Center for Legal and Judicial Studies.
  • “What many people think is the most likely scenario is that a clerk or court employee who had the right to access it then took it and leaked it to the press. It’s a harder thing to pursue,” Smith told DCNF.
  • Investigators could ask court employees to testify to their innocence in signed testimonies to potentially allow prosecutors to accuse the lessor of making false statements to government officials.

The government’s best chance of prosecuting the individual who leaked the Supreme Court’s draft opinion in Dobbs v. Jackson Women’s Health Organization could require potential suspects to testify to their innocence in signed statements, a legal expert told the Daily Caller News Foundation.

Politico released a leaked draft opinion on Monday revealing that the court would likely overturn Roe v. Wade, leading to speculation as to whether the lessor’s actions were illegal. However, many of the potential charges that could be brought against the lessor are not a perfect fit for this unprecedented incident, Zack Smith, a legal scholar at the Meese Center for Legal and Judicial Studies, told DCNF.

Prosecutors could pursue charges for theft of government property in addition to making false statements to federal officials, Smith said.

“If the Marshal, under the direction of the Chief Justice, requires each person to sign a statement that they have not disclosed the document and to sign it under penalty of perjury, and it turns out that someone ‘a lies, then he is guilty of a [18 USC §] 1001 violation,” Smith told DCNF, referring to a law prohibiting making false statements to certain government officials during investigations. ” It’s a crime. The charges would be quite significant.

The hypothetical case against the lessor largely hinges on whether the person had the right to access the draft notice, Smith explained. If someone…

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