SCOTUS Questions Their Own?

In breaking news, the U.S. Supreme Court is now seeking the phone records of 36 law clerks in its investigation of the leaked opinion draft that could overturn Roe v. Wade.Show more

As we’ve reported to you from the beginning, a draft of a Supreme Court opinion – though seemingly very close to its final form – which would expressly overturn Roe – was leaked to the media, igniting a firestorm on the pro-abortion Left.

Since we learned about this leak, people have been asking, “why haven’t we been told who the leaker was?” The Supreme Court made the decision to keep the FBI out of the investigation in the interest of observing the separation of powers, and is relying on its own internal police force under Marshal Gail Curley to find out who is responsible for the leak.

Unfortunately, the Court’s internal marshals, while completely capable of conducting investigations, don’t possess all the same powers such as subpoena power that the FBI or other outside law enforcement branches do.

The marshal service is seeking cell phone records, texts, and emails from thirty-six law clerks within the Supreme Court. And while this is not a criminal investigation, if the leaker is discovered, they will certainly be fired, and if the leaker is a lawyer, they will likely be disbarred and never be permitted to practice law, ostensibly ruining their professional life. And if the clerks refuse to cooperate, they could possibly be fired as well.

As ACLJ Senior Counsel Andy Ekonomou explained:

"It’s a very big move for the Marshal, for any matter, to be inquiring into the personal law records of the telephones of the law clerks on the Court. But that would have been one mechanism by which the opinion could have been leaked. I think they’re also asking for affidavits with respect to the law clerks and what they did. Now the Marshal does not have criminal investigative powers. The Marshal cannot issue a subpoena, cannot compel the production as a grand jury can, or as the United States attorney can. I’m not sure what the federal offense is here, if there is one, or it’s just an ethics violation. But people’s jobs are possibly at stake here. But it’s a major investigation, and it should be done, because leaking an opinion whatever the opinion may be, but particularly this opinion in order to mold and shape public opinion which is exactly what it was all about – it was done in order to do that. And then we had a vote in the Senate which didn’t prevail on the part of the abortionists. It was done undermining the integrity of an institution that as far as I know has never had a leak before."

It is an unprecedented move to subpoena Supreme Court law clerks, but quite honestly this leak is unprecedented. It has never happened. In fact, when my dad, ACLJ Chief Counsel Jay Sekulow, first heard about the leaked draft opinion, he didn’t initially believe the story because it just seemed so far-fetched. But here we are.

Now our Supreme Court Justices have police officers stationed around their houses because radical abortion advocates were protesting outside their homes, harassing and threatening the safety of their families. In America, we allow freedom of speech and the right to protest, but the Left’s response to the leaked draft and the potential undoing of Roe v. Wade has been so nasty and un-American. The general public should not and cannot be allowed to bully the Supreme Court to force a ruling to go the way they want.

Today’s full Sekulow broadcast is complete with even further in-depth analysis of the Supreme Court’s investigation into this leak. We were also joined by ACLJ Senior Advisor for National Security and Foreign Policy and former Acting Director of National Intelligence Ric Grenell to discuss how Iran used stolen documents to deceive the International Atomic Energy Agency (IAEA) in its goals of obtaining nuclear weapons.