Dan Bongino, the FBI’s deputy director, has announced that the bureau is reexamining the long-controversial investigations into the leaking of the Dobbs decision, the pipe bombs left on Jan. 6th and the cocaine found at the White House. All three investigations led to speculation over political influences on the unresolved outcome. I am aware of no credible evidence of such influence, but there is reason to hope that this reopening of the investigation into the Dobbs leak could bring accountability for the most egregious violation of ethics in the modern Court’s history.
There have been rumors for months that the Court had zeroed in on one or two likely culprits. However, the failure to find the person or persons had led to continued speculation. In reviewing a pattern of leaks from the Court, Professor Josh Blackmun, a close Court watcher, went so far as to suggest that it is “likely that [Justice Elena] Kagan, or at least Kagan surrogates, are behind these leaks.”
There is reason to hope that this renewed investigation might be different. First, the last investigation was largely controlled by the marshals. It does appear that they did an exhaustive job and notably had over a hundred possible suspects sign affidavits of their innocence under penalty of perjury. The nine justices were not required to sign such forms. The FBI, however, is the world’s premier investigative organization.
Second, and most importantly, there is the passage of time. Time tends to be the undoing of many criminals. If this were a clerk or employee (as opposed to a justice), there is a chance that they have revealed their role to acquaintances. The FBI will often interview associates who, like the suspect, are subject to prosecution for lying to federal officers in such interviews.
For the culprit, making another false statement to federal agents would draw serious consequences, as a court might not treat the crimes as running concurrently. 18 U.S.C. § 1001 carries a potential five-year jail sentence, and any culprit would face major aggravating factors, including the misuse of official duties and undermining the judicial system.
Many of us were deeply disappointed in the result of the investigation. While there have been a few prior leaks, the Supreme Court has been largely immune from the weaponized leaks so characteristic of Washington.
In a city that floats on leaks, the court was an island of integrity. And more has been lost at the court than just confidentiality. There is a loss of confidence, even innocence, at an institution that once aspired to be something more than a source for the New York Times.
The person responsible for this act shredded the traditions and values of the Court. The harm to the Court, both as an institution and a community, was immense. I have no reason to doubt the good-faith efforts of the marshals in this investigation. With the possibility of a lone wolf actor, it was obviously a daunting task. However, the addition of both the FBI and the passage of time may offer hope for a resolution.
I agree with Prof. Turley that these three matters were worthy of investigation, and that the investigation may have been prematurely terminated. But I disagree that these are matters of major importance.
The January 6 investigation in Congress was a prime example of overkill that destroyed the credibility of its instigators. The daily cascade of handwringing rivalled Munch’s “The Scream” , and it failed for a good reason. The FBI can choose to learn a lesson from that, and realize when it is time to get off the stage.
Of course, MSNBC will use its inexhaustible power of sermonettes to find cloying examples of hypocrisy and crimes against humanity to hurl at Patel, but I doubt they will reach anyone except the choir.
Saw few minutes of Dan Bongino on Fox morning show. “Wah wah wah it’s sooo hard being in FBi. I miss my wife. She’s struggling. Wah wah waaaah. Oh butI’m NOT a victim, doncha know? I’m just saying, it’s sooo hard. Staring at these four walls all day 12 hours a day. I mean really. This job is sooooo hard. We’re not here for tea and crumpets. No, just want to tell you all that this is soooo hard. I’m working really hard. K?”
In other words….. Bongino is in WAY OVER HIS HEAD, just like Comey said. Probably Kash is too.
Put up or shut up Bongino and Kash Patel. We’re done being patient with you two.
How pathetic
Bad case of KBDS—-Kash-Bongino Derangement Syndrome? If you want to bad mouth and deride, mount the criminal Comey.
Josh Blackman:
“President Trump has to obey the Constitution, but so does Chief Justice Roberts. The Chief’s two decades on the bench have contributed to the degradation of the rule of law. ”
https://www.civitasinstitute.org/research/president-trump-has-to-obey-the-constitution-but-so-does-chief-justice-roberts
Many of us here have noted the rot in the judiciary and Roberts’ total failure to treat the disease. Indeed, he seems to exacerbate it.
I think Roberts will be remembered primarily for his contribution to the degradation of a once admirable national legal system.
His example should be studied and avoided.
Remember that Roberts is bringing about a constitutional revolution to how Courts apply the Constitution. Slowly but surely he is enforcing separation of powers and interpretation of the Constitution as it was written, not how some FEEL it should be read. He is doing it over time. Slowly turning around the county and Courts. THAT will be his legacy. Keep watching and see how he navigates Trump taking a sledgehammer to how Presidents exercise power. Some allowed. Some not. You want to know the outcome…read what the Constitution allows. That will be the result. He moves incrementally. Layering and layering the bricks and mortar such that future Courts will be forced to follow the changes that happened in the mid 1900s when the Supreme Court stopped reading the Constitution as written.
“The court rulings we see against Trump by activist judges will not undermine Trump. It will undermine the US legal system. We are a country ruled by law which are rooted in the Constitution and precedent. We are rapidly becoming a Banana Republic where the “law” is meaningless because of activist judges. These are judges who feel free to read into the law things that are not there. It is upsetting to people who want to have a life where they experience true liberty. When judges rule capriciously, liberty is in peril.”
Jeffrey Carter on his Substack.
AND:
“Maybe there’s a legal principle that can explain this. But there have been so many examples like this that people have stopped assuming propriety on the part of the judiciary. That’s unfortunate, but it was inevitable once a significant number of federal judges started positioning themselves as part of the “resistance,” and once the Supreme Court — and in particular, Chief Justice Roberts — decided not to put an end to this right away.” Professor Reynolds adding his thoughts to Carter’s on his Blog, Instapundit.com
Many of us commenting here have said much the same.
Professor Turley suggested in his post that Professor Blackmun speculated that Kagan was behind the Dobbs leak when the speculation was about leaks regarding other decisions (see post, quote, and link). Accordingly, Professor Turley should update and correct his post.
I don’t think the ‘pipe bombs’ were actually bombs. They looked like dummy simulations of bombs. Nobody acted like they were actual bombs. They stood around as if they were just props, within the blast range of an actual bomb. If I had been there and thought it was real I would have evacuated the area and brought in an actual bomb squad to inspect it while everyone else was safely aware from blast and shrapnel. Besides, the timer looked like a 12-hour kitchen device set on what would have been a detonation 24 hours later. Just wouldn’t work.
The Supreme Court leak investigation was deeply unsatisfying. It should have been possible to discover the leaker. It may still be. But the Roberts court appears to be a bit dysfunctional in many ways. Roberts’ legacy will be crap. I suspect he will leave a Court and lower judiciary with a much diminished reputation. It now looks like some of the dysfunctional European courts and is sinking to Third World status. Sooner or later–probably sooner–Roberts will have to trim ship and sail a direct course or the President and Congress will begin to ignore some of the crazy court decisions the way Biden ignored sensible rulings without objection.
As to the hoped for investigation of who stole the presidency of the United States and operated the autopen without clear legal authority, Trump has this to say:
https://truthsocial.com/@realDonaldTrump/posts/114582052493616430
Many of the Biden EOs and appointments may prove to be legally invalid.
Pocahontas Named as One of the President Autopen Wielders
Yikes.
In regards to Dobbs, in an esoteric sense John Roberts is the one who did it (Chief).
Up on Capitol Hill it’s rumored at when Trump finish this term He’s going to have Vance nominate him for the Chief Justice position.
What do you think of that Hillary?, how about you Pocahontas?
It’s just what the Judaical Branch needs. A Chief Justice with some Backbone.
Chief Justice Trump – Has a nice ring to it !
Correction: “FAUXCAHONTAS”…..don’t forget those “high cheekbones”. According to this DEI-hire, ALL Injuns have them!
” Sooner or later–probably sooner–Roberts will have to trim ship and sail a direct course or the President and Congress will begin to ignore some of the crazy court decisions the way Biden ignored sensible rulings without objection.”
The Constitution does not provide for a “Chief Justice” of the Supreme Court, much less processes to appoint or remove one. That also means that there is nothing stopping Congress, the Executive, or the other SC Justices from making an attempt to replace Roberts. A year ago, I would have objected to such a suggestion on the grounds that it might irrevocably harm the reputation of, and trust in, the Federal judiciary. At this time, however, that reputation and trust have been degraded to a point that I struggle to see how an attempt to dethrone Roberts could make it worse.
https://en.wikipedia.org/wiki/List_of_United_States_Supreme_Court_leaks
List of United States Supreme Court leaks
“While Roe v. Wade was being deliberated, The Washington Post published an article on July 4, 1972, covering infighting by the justices, including an internal memo written by Justice William O. Douglas.”
Dan Bongino FBI Deputy Director could settle this with 1 Phone Call to Chief Justice Roberts.
But -NO- We will have to wait 30 years or more from now just to learn that: “… the FBI (Dan Bongino FBI Deputy Director never asked Me (Chief Justice JR) who did it …”
And for what ?, a footnote in Wikipedia.
It was one of the three LIBERAL justices, or one of their clerks, that is a total of 15. But honestly, do you really think a CLERK would commit THAT KIND of breach of SCOTUS protocol? Not just no, but Hell No. It was one of the three liberal Justices; Sotomayor- no way, she is above that. Breyer-again, no way. Kagan-we have our winner🏆
Trump will NOT disobey what the Supreme Court orders. I bet behind the scenes Roberts is getting an earful and veiled threats of him doing just that. But he won’t. The Country will never stand for it. Republicans are the law and order party.
⬆William O Douglas👍 Gerry Spence’ favorite SCOTUS Justice, and one of my Favorites too🏆
What does it matter now?
It doesn’t, unless the aim is to put Chief Justice John Roberts off the Bench.
Ultimately this happened on his watch.
IMO: John Roberts is weak, That said, I am not saying he didn’t earn the position, nor have the credentials.
He is simply not the right man for the job. In addition, half the SCOTUS Bench is on retirement watch. And they better get their butts in gear because the 3.5 years left in this Administration is going fast.
Rephrase: If you have 3-to-4 Seats to fill, that’s a lot of vetting and confirmations to get done in 3.5 years.
Another “Who Done It” isn’t what we need right now, especially when John Roberts already knows Who Done It.
Roberts needs to step up and stand up in a big way, and He’s not.
What does it matter now?
Don’t go chasing waterfalls (a.k.a.: a Wild Goose Chase)
“If you have 3-to-4 Seats to fill, that’s a lot of vetting and confirmations to get done in 3.5 years. ”
That assertion begs the question of which Justices are going to retire (or die) when. If a position goes unfilled but a majority of the remaining Justices see things Trump’s way, why should he be in any hurry to fill the vacancies? As far as I am aware (unless something is specified in come extra-Constitutional, internal SCOTUS policy manual hidden away somewhere) there is no quorum requirement to produce a decision.
“The FBI, however, is the world’s premier investigative organization.“ 😂😂😂😂😂😂😂😂🤦♂️🤦♀️you crack me up
Gustav,
“The FBI, however, is the world’s premier investigative organization.“
Yeah, I laughed at that one too. These days I am not sure that they solve many crimes that they don’t engineer in their own shop [Whitmer kidnapping, Ruby Ridge, Hutaree Militia].
I have also seen them take credit for the accomplishments of legitimate, local law enforcement.
The first time I noticed it was years ago when some older man fled his home state with an underage girl. Nationwide notices were put out and a smart sheriff’s deputy in Florida spotted them in Florida–I think on the beach–and managed to arrest the guy and take charge of the girl. Local news showed her being escorted with a sheriff deputy’s jacket draped over her shoulders. Later, on national news, she was wearing an FBI jacket as if they were responsible for the recovery and doing a victory dance.
Versace’s murder in Miami Beach probably could be laid at the feet of the FBI as well. It was known that a lunatic from San Francisco was heading to Miami to murder Versace and there were photos of him. Other law enforcement agencies and, I think, gay organizations wanted the picture of the killer posted and warnings circulated in Miami gay bars where the killer was likely to go–and did go. But the FBI likes to hang onto stuff and they refused. It is likely that the killer would have been seen and identified and taken in if the photo had been released. Versace died on the steps of his home.
An FBI profiler helped in the Green River Killer case in Washington State, but the profile was wrong and misled local investigators even though they had the actual killer in their sights and had him take a lie detector test. He passed the test, but experienced LEOs should know the test is a tool, not a resolution of the ultimate question. Besides, he didn’t fit the FBI profile and that finished it…until more women were murdered. A prostitute who escaped had identified the actual killer, but who would believe a prostitute over the vaunted FBI? I probably would. I know of two instances in which a polygraph test indicated the subject was lying and had committed the crime when in fact neither had. In the one instance he ‘lied’ about a crime that didn’t exist–it was a false question. That put a cloud over the polygraph lie indication on the actual crime he was suspected of doing. He was untestable. In the other the target who failed was so harassed by law enforcement that he committed suicide…not very long before the actual criminal was caught.
Now that Hunter has been pardoned, he’s wondering if he can have his cocaine back:
https://babylonbee.com/news/hunter-asks-if-he-can-get-his-baggie-of-cocaine-back-from-the-white-house-now
“Yeah, it’s totally mine, thanks,” Biden was reportedly heard saying in a phone call with the Secret Service. “I had to stash it one day when a tour group was coming through while I was about to do some lines. Such a buzzkill. Anyway, now that I don’t have to answer for anything illegal I’ve done, I’d appreciate it if you gave me back my blow. I plan on hitting some celebration pretty hard tonight if you know what I mean. I mean I’m going to get absolutely wasted and I need my coke.”
You finish with this comment: “With the possibility of a lone wolf ACTOR…” Couldn’t it have been a lone-wolf ACTRESS instead? My gut wants to think it probably WAS a woman who leaked that decision anyway, rather than a man.
I was enthusiastic about the appointments of Patel and Bongino when made, but they just keep getting better and better. I had always viewed it as unacceptable that the leaker had never been identified and punished, but now I have renewed hope. At least now, I have some expectation that a serious attempt to identify the perpetrator of this atrocity will be made.
Jonathan: The FBI investigation of the leak of Alito’s Dobbs decision is really just a distraction. A distraction from what you ask? A distraction from DJT’s recent pardons. One of first acts of DJT was to pardon all the 1600 Jan. 6 insurrectionists of all their crimes. In recent weeks DJT has pardoned others. While DJT cannot pardon himself for his 34-count criminal conviction in NY he can and is pardoning others in his close circle.
On Monday DJT pardoned another close friend, Scott Jenkins, the former Virginia sheriff who had been convicted by a jury in December of last year of accepting more that $75,000 in bribes, in exchange for making several of his business friends law enforcement officers. Yesterday Jenkins was to report to prison for a 10 year sentence but DJT’s pardon prevented that from happening.
In granting the pardon DJT declared Jenkins was a “victim of an overzealous Biden Department of Justice…He is a wonderful person, who was prosecuted by the Radical Left Monsters”. This in spite of the fact that Pam Bondi’s own
acting US Attorney in Virginia said at the time of sentencing that Jenkins had engaged in “unjust personal enrichment”. Looks like DJT threw Bondi’s DOJ under the bus to give Jenkins a pardon!
DJT knows something about bribery and “unjust personal enrichment” since he stepped back into the Oval Office. So he is sympathetic to the plight of Jenkins and others he has pardoned. The Q is whether DJT has misused the pardon
power to let off his friends? I think with the pardon of Jenkins the verdict is already in!
How many really bad folks did Biden pardon???? Come on dennis.
Maybe you had the Auto-pen
To DJT haters, everything he does is a distraction. Crime and criminals are no distraction. These are serious matters and have grave consequences on our Country’s institutions. Perhaps you don’t care about the value of a court system that is not used for political purposes, but those of us who still care about this country feel differently.
By the way, your entire comment was nothing more than a distraction from the criminal behavior of the Democrats when they were in control of our government.
Why should we be surprised? When you’re a judge sitting on the highest court of the nation and you possess no moral foundation what’s the big deal about a little leak that would influence an election. The end justifies the means to keep the dream of socialism alive. The black robe with a hammer and cycle embroidered in a hidden seam holds the power.
All who have been interviewed before under oath, your previous answers are disregarded. You have this one opportunity to provide a truthful answer. After that,
Dear Mr. Turley, I appreciate the comments from “Tubwater”. I well remember the 60’s radicals tearing down anything and everything relating to our intuitions, both government, church and home. Now, these old and balding radicals along with the bitter “cat-women” are still pushing this idea that robbed young children, at that time, like me of a sense of security. I for one am very thankful that these investigations have new sets of eyes looking at them. It just did not make sense that the F.B.I. was not allowed to determine who leaked the Dobb’s decision and who brought cocaine into the White House. It seems to me that the F.B.I. director did not want to embarrass the Biden Administration.