The Administration is reportedly moving forward with a grand jury investigation into the leak of the Dobbs decision on May 2, 2022. The timing is critical given the default statute of limitations of five years. The grand jury has issued subpoenas in an investigation led by U.S. Attorney for the District of Columbia Jeanine Pirro. It is welcome news for many of us who continue to worry about this leak’s impact on the institution and its unique culture.
Rumors have circulated that the Court had zeroed in on one or two likely culprits. Recently, Justice Samuel Alito said that he had “a pretty good idea” who was responsible, but that the evidence was not sufficient to move forward with any charges. 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 succeed where the earlier investigation by the marshals failed. 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 FBI, however, is the world’s premier investigative organization, including forensic expertise. More importantly, the use of the grand jury can be a game changer, as targets are asked to answer questions under oath with growing risks of criminal charges for false or misleading statements.
Time tends to be the undoing of many criminals. If this were a clerk or employee (as opposed to a justice), they may 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. Indeed, if the FBI zeroes in on a target, that person could unilaterally reveal their identity to curry favor with the left in a blockbuster interview on MS NOW or CNN.
For the culprit, prosecutors could pursue a variety of charges, including Theft or Conversion of Government Property; False Statements (18 U.S.C. § 1001); Unauthorized Access/Computer Fraud and Abuse Act; and Obstruction of Justice.
The breach warrants the renewed investigation. 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. This is a symptom of “an age of rage” and the sense of license to leak.
If there is a single individual who is the focus of this investigation, he or she will have been repeatedly interviewed and given false answers to federal investigators. That would create a classic and potentially compelling false-statements case if they can fill in the evidentiary gaps.
The malicious intent behind this leak was crushing for many people associated with the Court. It unleashed protests at the homes of the justices, including disgraceful protests at Justice Amy Coney Barrett’s home, where bloody dolls were left on her lawn despite her having young children in the house.
Four years after the leak, we are all still reeling from its impact and later leaks. This remains unfinished business for the Court and the country. Hopefully, the FBI will be able to complete what their colleagues in the Marshals Service started.
Jonathan Turley is the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”
Turley suggests that the crime of theft of government property may have been committed.
He obviously needs a refresher course in criminal law.
In order for the crime of theft to apply, the victim must be deprived of some property that they owned, and that property must have value. Simply leaking information did not in any way deprive the government of any property. They still retained the Dobbs decision. The Dobbs decision was not lost to the government. And the information contained in the Dobbs decision has no inherent value.
The crime of theft could not have occurred. The government was not deprived of anything of value. And courts have held that leaking pure information is not a crime.
Turley should spend less time on writing this garbage for his MAGA overlords, and writing his stupid books, and brush up on the finer points of criminal law.
“He obviously needs a refresher course in criminal law.”
Turley is a torts lawyer. If you took the time read his history and his articles you would have known that instead of being a pompous arse.
Wheeled from article into comments and read the comment above. Said to myself, “I recognize the ramblings of this lunatic.” Scrolled up to top of comment, and sure enough, there was Anonymous perched proudly on his literary bowel movement and cackling like he’d laid a golden egg. Wish there was a way to auto-ignore specified commenters.
This comment section will always be less than it could be until it changes policy and requires unique ID’s for all posters. Allowing multiple posters to post as anonymous makes identifying individuals so one can make a decision as to which posts to scroll by.
So you are only interested in reading comments from people that you can identify as agreeing with you.
The completely closed mind of a member of a cult.
You make my point. I didn’t say that at all, but you distorted my post in order to insult me. I have no problem with addressing opposing viewpoints, but am happy to pass by intellectually dishonest comments made in bad faith.
So why didn’t you “pass by my intellectually dishonest comment made in bad faith”.
You didn’t pass it by. You not only failed to pass it by, you also read it, and you responded to it, thus proving that you are lying.
Yet more evidence that you function at a low intellectual level consistent with being a member of a cult.
Anon=low intellectual level
Anon is a member of the CCP cult.
While generally I agree with you that information should note be treated as property – you are completely incorrect with respect to the law. The area of the law regarding information is called intellectual property law. The Courts have incorrectly treated information and the possession and ownership of it much the same as property – foratleast 70 years. Copyrights now last nearly forever. And people own information in much the same way that they own property or as an example the air rights over property.
There may be a loophole in that specific to courts – the records of courts are generally except from copyright law (sort of). regardless if you can not copyright court records, then the argument that there are rights, or property rights in them is weaker. Of course there are complications here because these communications were unpublished.
There are substantially more arguments that can be made here.
i do not personally agree with the past 70 years of intellectual property rights decisions but they are the law of trhe land whether I agree with them or not.
Turley’s argument is not much of a stretch. Regardless I would bet it has already been used successfully in other domains.
As usual the demented John Say posts a completely absurd comment about the law.
Intellectual property law has absolutely no applicability here whatsoever. By definition intellectual property has to have some inherent economic value, and the victim of its theft has to be deprived of that economic value. The victim of intellectual property theft must show that he has been deprived of ownership of the property, and has suffered economic harm.
None of this applies to the pure information contained in a court decision. The government was not deprived of the ownership of anything, and the information contained in the decision has no economic value. Court decisions are not copyrighted or otherwise protected in any way. There is no national security interest.
The leaking of pure information in this instance cannot in any way be characterized as a crime of theft.
John Say is simply engaging in his typical ill-informed, irrational ranting that is completely disconnected from reality.
@John
No disagreement, very salient comment, as always. But you see: the modern left doesn’t give two bleeps about domains or law. We need to stop arguing this as though we are dealing with sanity, law, precedent, etc. Even if ultimately that stands – these people do not care, and they will be happy to destroy every one of those justifications. It’ll be quick. Like a coup. Again, I hope I’m wrong, but that seems to be the message now that the affordability ruse got them elected and is no longer necessary. I still don’t think a great many realize what we are now confronted with, with two months to spare.
James
Nothing that John Say said is salient to this issue. He is simply bloviating with the nonsensical garbage he gets from the voices in his head.
As I pointed out, there is absolutely no issue of intellectual property rights here, and the crime of theft of government property cannot be charged. What Say says is completely nonsensical.
By the way, as one who apparently has to “work every day”, you certainly seem to have a lot of time to read posts and comment incessantly here “every day”. What kind of “work” do you do that allows you to spend all day here?
@Anonyniwhatever
Really. you are stupid and inflammatory like all trolls, and we all just kind of shrug you off. Thank you for your daily and very regular pixelated flatulence. Maybe get that stomach checked out, because, whoo boy, does it always stink to high heaven. Go blow, just not in downwind of the rest of us, thanks.
James
Why aren’t you working ???
If you are one of those who has to work every day, then why are you reading everything here and commenting incessantly about everything.
Democracy is Dying in the West?
America is being pulled up by the roots and eradicated—America is being conquered without a shot being fired.
_______________________________________________________________________________________________________________________
But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.
– The American Founders and Revolutionaries
Ok, ok, ok, waaaaitt a minute. Does the professor really think that the DOJ’s Jeanine Pirro is going to solve this? Jeanine Pirro?? It’s funny that Turley ‘neglected’ the fact that Pirro holds the record for most no bills from grand juries. She’s failed more than any tot her AG with grand juries. Seriously.
The ‘good’ Professor has neglected the current record of the DOJ’s failing federal cases and failing to indict with grand juries, specifically Pirro.
Trump’s DOJ has become a running joke.
Floating the possibility that justice Kagan did it or her staff is crazy absent any evidence. He could have implied the same about Alito or even Justice Thomas. Perhaps it was Roberts.
This is going nowhere and it’s either an attempt by Pirro to save face after all those grand jury no-bills or she’s trying to save her job from being purged after the disaster of an election for Trump.
Frankly I think it’s a waste of time. Pirro doesn’t have a good track record with grand juries. Why would the professor think Pirro’s reputation is going to help here?
george you always sound like a complete idiot when you comment. Turley wrote, “led by U.S. Attorney for the District of Columbia Jeanine Pirro”. You dumba$$. Turley just reported her appointment.
Leading the case means they are acting as the chief legal officer representing the federal government in legal matters, overseeing prosecutions, and ensuring that federal laws are enforced. This role includes providing legal advice to the president and managing the Department of Justice’s operations.
@ John Say,
Your claim about intellectual property law and government is incorrect.
Under 17 U.S.C. § 105, works created by the U.S. government (including federal court records, transcripts, and opinions) cannot be copyrighted and are in the public domain from their creation.
This is not a “loophole”—it is a deliberate constitutional and statutory rule ensuring public access to the law. While third-party filings or unpublished private communications submitted to a court might occasionally retain separate private copyrights, the official records of the court itself are fundamentally exempt.
Oops, that was meant for John say. My apologies.
Nope. Jeanine Pirro may be leading it, but her record still speaks for itself. She has been very unsuccessful with Grand Juries.
Leading the case is worse given her record. And her recored has bee a LOT of bad legal advice and incompetence.
@George
For once, I don’t disagree. Nothing will come of this, and it’s likely a last gasp. That, however, is not because it is the wrong thing to do.
Dear Mr. Turley, whoever leaked the Dobbs decision should be booted out of the Supreme Court immediately, as they are untrustworthy. The life and future of our country depends on how we treat the most sacred people among us: the pre-born child. As the mother of 3 children, I know from personal experience each pregnancy was different, and each grew up with different personalities and dreams. Each was precious. And for the cynical out there, we were very poor when I had them, but we made it. All three served their county and are working professionals today.
I give a conviction likelihood possibility, as likely that we get a Hunter Biden mugshot, after he was charged with numerous felonies.
OT, but here is one to piss in many peoples flakes of corn.
I was having a discussion with my wife who isn’t from the US.She dropped one hell of a bomb.
“Women have no business holding any seats in congress or the courts.
They are too emotional and can’t make logical decisions.”
If “Kagan, or at least Kagan surrogates” did perform the leak(s), then at least She should stand up and come forward with the responsibility of the fact.
If the Kagan allegation is true, then Justice Ketanji Brown Jackson is due a huge public apology for bearing the brunt of being accused of the Leaks, when she (et.al) was not.
It’s the principle of the doing the right thing that Kagan (et.al) have failed twice, 1 the Leak, 2 allowing Jackson to take the fall.
It is the ‘Unjust Morality’ of the perpetrator(s) that needs to be rectified.
At least this time around I have more faith in the current leadership of the FBI than back when the past two Directors were at the helm. Those two created an FBI that made mock of the role and spirit of that agency and served as an embarrassment to the nation as a whole.
The FBI has always had a speckled past with some very fine, noble, and dedicated Agents and Staff be defamed by the actions of a few in senior positions.
I very much hope today’s FBI and DOJ fulfill the full requirements of their Oath to uphold the Constitution and follow the evidence where ever it takes them and in the end prove the value and worth of proper leadership and attention to duty those positions require.
If a culprit is identified and charged, there still will be the issue of probable jury nullification. A more intriguing question is what if the investigation determines that the leaker was a Supreme Court Justice?
If the leaker is determined to be Justice Kagan Republicans will immediately demand her resignation, Dems will defend her and it will all blow over.
The nation needs a truthful answer to this important question ASAP! I’m sure it won’t take the FBI long to find the culprit!
Without knowing who did this, Turley assigns “malicious intent.”
Most analysts at the time concluded that this was from the Chief Justice’s office to ensure that those in favor of overturning Roe v. Wade would be forced to stay in favor by showing they could not be influenced by protests. The leaker is of the opinion that abortion is always murder, regardless of circumstance, and did this not out of malice, but of heartfelt love for a fetus that God Himself refused to divinely intervene to save.
The same people enjoy that women suffer for having sex for any reason other than to produce property for their male superiors. They also enjoy that women suffer and can die during the last stage of pregnancy, even when the fetus has either died or cannot survive with the separation of the umbilical cord and placenta. Killing women this way is their version of the affirmation of life.
Once the truth comes out about who arranged the leak, we need a secondary investigation of any investigatory cover-up. Were Court officials complicit in stalling or intentionally dismissing investigative leads?
Was there a no-consequences culture of permissiveness set by the Chief Justice or others?
The public deserves answers. I hope the GJ can produce them. The public has been starved for a show of honorific behavior from Washington DC. The gaming of institutions and norms has to end.
“The gaming of institutions and norms has to end.” Then Trump would have a hard time fulfilling his agenda of retribution. It goes both ways.
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Even if the culprit is found the end result will be the Comey decision. Oh, that’s right there is no such thing as a Comey decision.
Predicting the thing you DON’T want to see is a sign of weakness. Predict and expect what you WANT to see happen. Winners don’t pander to their negative thoughts.
What Garbage.
I admit I like your positive thinking, you can’t argue with that type of thought. Ogo Mandino.
Og Mandino.
‘For the culprit, prosecutors could pursue a variety of charges, including Theft or Conversion of Government Property; False Statements (18 U.S.C. § 1001); Unauthorized Access/Computer Fraud and Abuse Act; and Obstruction of Justice.’
they could, but I am having a had time that with the regime we just installed and all that are complicit with them that it’ll mean or amount to diddly.
People still seem to be harboring under the delusion that the modern left cares about the rule of law – they don’t. Even if charges were filed, I’d imagine they would just delay for two months then make the whole thing disappear. Would live to he wrong.
Seems to me the entire country just got Spanbergered, and I’m having a tough time not simply calling us all stupid, selfish, and shortsighted.
*love
Oops. Me, hasty post.
“People still seem to be harboring under the delusion that the modern left cares about the rule of law …”
Which people?
@Anonymi
Well, *someone* got a fresh infusion of funds. Or overconfidence. Or idiocy. Or all of the above.
Again, which people? Got a hard time answering eh? Challenged and you go full stupid. Proves you lie. I’m not gonna call you an idiot, you already know you are.
Anon, James has a bad case of stupidity. Knows not what he writes, it’s all diarrhea.
@Anonymi
We all know you reply to yourself, because you are bored/privileged/paid/mental. Go blow.
You’re confusing the Justice system with the Congress-elect. They are two different branches of government. If the GJ finds evidence to indict, the case will go forward. Over the next 2 years, the only thing that could thwart it would be WH interference, such as issuing a pardon, or dropping the case. If the leak originated from a liberal Justice’s team, what’s there to worry about?
WH interference? Why and how would Trump interfere? But initial indications are that Kagan et al is the leaker.
Pardon who?
Institution after institution is under attack. Declaration of Independence (our Creator, all equal regardless of skin color). Constitution (Electoral College, Supremacy Clause, Senate). Bill Of Rights (First, Second, Fourth, Tenth Amendments). Separation of Powers (Joe Biden’s “Presidential Commission on the Supreme Court of the United States”). Supreme Court too.
If you say you love America, and you say you hate every founding principle of America and the Founding Fathers and the American Flag, what are you really saying?
Institution after institution is under attack. Really, by who? Trump easily comes to mind. What hasn’t he attacked?
“… what are you really saying?” Assume you’re a DSAer, you answer it.
The Constitution does not confer any powers on political parties, yet we have most of the political class believing that Democrats just won control of the House and the Senate, having stripped Republicans of their current control.
The Speaker of the House, Presiding Officer of the Senate (VP), and President are non-partisan leadership offices under the Constitution as written and ratified.
Therefore, I propose that the incoming Speakership require a 2/3 majority vote, meaning a leader who has the confidence and backing of BOTH parties. All House committees should be equally staffed R/D, and the committee chairmanship require a 3/5ths majority vote.
Bipartisanship has to be baked into the institutional leadership, and why not use the Constitution to insist on it?
What a crock. Even X does better than that.
Once again, let’s do something this time! I am so tired of show trials. Could it possibly have been a Justice? How demoralizing.
If a Justice OK’d the leak, even tacitly, and there is airtight proof, that Justice should be forced to resign by the Chief Justice.
OK’d? Tacitly? Airtight? What if it wasn’t a justice? If a justice, force a resignation? If rejected, then what? Getting ahead of yourself. No one, including you has seen any information on a case that doesn’t yet exist.
A female justice of course.
Of course and 4/9 of the court is female. In reality females are secretly kept out of highly sensitive areas. It’s a secret.
The problem with leakers is it censors Justices during discussions. They must watch their backs now because they can be reported to der fuhrer.
Washington D.C.-The city of leaks. If the city was a ship, it would never had made it out of it’s harbor moorings before sinking. Of course the was no bigger leak than Justice Abe Fortas who actually communicated directly with LBJ about discourse among the Court.
We survived that but I do hope they find the leak. Never understood the Marshal’s investigation since that is not their forte and was a poor substitute for the FBI.
GEB
Turley: “over a hundred possible suspects sign affidavits of their innocence under penalty of perjury.” Over a hundred? Did they ask the justices to sign affidavits? Are justices above the law? What if Kagen was really behind the leak, does she have to resign?
Kagan wouldn’t resign without a bloody fight. Then all the dirt on every justice comes out. Congress will goes nuts on Trump.
Impeachment is the better option. Less messy? But will it take place during Trump’s presidency? Hopefully. Then gets to appoint …
The linked Josh Blackman article says that he thinks Kagan may have been the source for later leaks, not for the Dobbs leak.
Turley: “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.”
Professor Turley made the same mistake in his 5/28/25 post about the leak investigation.
It is true that the linked article doesn’t address Dobbs. It is about other leaks so it doesn’t offer an opinion on the source of the Dobbs leak one way or the other. However, the op/ed does describe leaks as within “Kagan’s MO”, so it’ not a real stretch to think that this at least implies that Blackman considers Kagan as a likely source of the Dobbs leak. Now, as to whether Blackman has a good faith basis for describing Kagan’s “MO”, that’s another matter. As Tom Petty famously said “you can believe what you wanna believe”.
Fortas was not a leaker. Fortas faced scrutiny over financial improprieties, which included accepting payments as a consultant while a case involving the foundation he worked with was under investigation. His resignation marked a significant moment in the history of the Supreme Court, as it was the first time a justice left the bench under such circumstances. Source: wkipedia.
If we wait long enough everyone will have forgotten about Dobbs. That is usually how this works. . .
Everyone? You can’t be serious.
everyone knows the DEI corrupt Democrat judges hate America
Everyone knows nothing will be done
“everyone knows the DEI corrupt Democrat judges hate America” Really? Obviously you don’t, you can even name them.
Democrats are so committed to unlimited abortions for any reason at any time, up to the moment of birth, that they were ready, willing and able to sacrifice the life of a conservative justice to preserve Roe v. Wade. Amazingly, leftists see a right to abortions that isn’t in the Constitution, but don’t see a right to keep and bear arms that is. Democrats either are violent themselves, or excuse violence when it suits their political interests.
Sacrifice? Who? If you knew you would have stated it. You’re lying.
incorrect. Democrats are fine with mother’s killing children. They are good with assisted suicide, drug deaths, illegals murdering Americans, They basically are good with abortion from 0-125 years
You’re a rather stupid commenter. What does your lie have to do with the investigation?
Wake me when this amounts to something. Swamp people seem to have a natural immunity to prosecution whether it’s having sex on a congressional conference room table or lying on citizenship paperwork or stealing PPP money actual serious investigations with consequences are rare unless the target is a conservative. It’s a little late in the game to be touting an investigation into Dobbs.
I still want to know which Democrat did it, especially if it was one of the leftwing justices.
So if a conservative justice did it, it’s not worth knowing?
How do you know what the political affiliation of the justices are? Why must it be a democrat?
Anonymous,
We the People don’t know who leaked. However, we do know that the three female “liberal” Justices think the Supreme Court is part of “what’s wrong” with America. They explicitly say so, in writing.
“serious investigations with consequences are rare unless the target is a conservative” Really? Proof? That sounds like another blatant lie.