By Karim Hammam
Federal prosecutors have intensified a criminal investigation into the 2022 leak of the Supreme Court draft opinion that overturned federal abortion rights, issuing grand jury subpoenas and seeking testimony from former court personnel.
Investigation Accelerates
The U.S. Attorney’s Office for the District of Columbia, led by Trump appointee Jeanine Pirro, is managing the inquiry. Pirro assigned senior prosecutor Carlton Davis, who previously handled fraud and violence cases.
The leak of Justice Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization to Politico in May 2022 remains unsolved. An internal court review interviewed 97 staff members but failed to identify the source.
Legal and Political Dimensions
In January 2023, the court’s security report concluded the leaker could not be identified under a preponderance standard. Justice Alito later said he had a “pretty good idea” but insufficient evidence.
President Donald Trump and conservative commentators have repeatedly urged law enforcement to find the leaker. Former FBI official Dan Bongino confirmed in May 2025 that the administration continued tracking the source.
Legal experts warn of statutory and constitutional hurdles. No specific federal law criminalizes disclosure of internal Supreme Court drafts. Prosecutors may pursue charges such as theft of government property or false statements during the 2023 review.
A five-year statute of limitations expires in spring 2027. Any subpoenas for internal court communications could raise separation-of-powers concerns, with scholars cautioning against executive branch overreach into the judiciary.
Several law clerks who served conservative justices at the time now hold executive branch positions, including T. Elliot Gaiser, a former Alito clerk now leading the Justice Department’s Office of Legal Counsel.
