WASHINGTON, DC - SEPTEMBER 02: An activist, who declined to provide her name, speaks outside the Supreme Court in protest against the new Texas abortion law that prohibits the procedure around six weeks into a pregnancy on September 2, 2021 in Washington, DC. The Supreme Court declined to block the law and will let the legal battle play out in the lower courts. (Photo by Drew Angerer/Getty Images)
The Supreme Court on Thursday released findings from the eight-month-long investigation into the leaking of the draft opinion signaling the court’s intent to overturn Roe v. Wade last May, but its efforts to find who shared the documents with Politico fell short.
The probe included interviews with 97 employees. They all swore that they had no part in revealing the content of the documents to the media. It is unclear if the justices themselves were counted as a part of the 97 employees, but the report clarified who it focused on.
“The investigation focused on Court personnel — temporary (law clerks) and permanent employees — who had or may have had access to the draft opinion during the period from the initial circulation until the publication by Politico,” noting also that it looked into individuals who had relationships with members of the media.
After interviews and fingerprint analyses, the court said that it is still “unable to identify a person responsible by a preponderance of the evidence,” though it did add that the investigation found it highly improbable that the leak was due to a computer hack.
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Around 90 people had access to the document. In interviews, some employees acknowledged having revealed to their spouses where the justice’s votes were which is a breach of confidence, but it is unknown if those individuals are facing consequences.
The report also indicates that the investigation is ongoing.
“Investigators continue to review and process some electronic data that has been collected and a few other inquiries remain pending,” the report continued. “To the extent that additional investigation yields new evidence or leads, the investigators will pursue them.”
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