BPR: Here’s how the SCOTUS leaker could end up behind bars


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

Politico published a leaked draft opinion Monday revealing the Court would likely overturn Roe v. Wade, leading to speculation about whether the leaker’s actions were illegal. However, many of the potential charges that could be levied against the leaker aren’t a perfect fit for the unprecedented incident, Zack Smith, a legal fellow for the Meese Center for Legal and Judicial Studies, told the DCNF.

“That ‘brave clerk’ would likely become a felon for ‘obstruction of justice,’” Mike Davis, a former law clerk for Justice Neil Gorsuch, wrote on Twitter.

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