Justice Department Escalates Criminal Probe Into 2022 Supreme Court Draft Dobbs Leak

The Justice Department is conducting a criminal investigation into the 2022 leak of the Supreme Court's draft opinion overturning Roe v. Wade, and has recently issued grand jury subpoenas, according to reports first published by The New York Times. U.S. Attorney for the District of Columbia Jeanine Pirro is leading the effort, and her office is also seeking information from people who worked at the court when the Dobbs v. Jackson Women's Health Organization draft was given to Politico. The final ruling came roughly two months after the leak and eliminated the federal constitutional right to abortion. Chief Justice John Roberts ordered an internal court investigation, which announced in January 2023 that it could not identify the leaker. The Justice Department declined to comment, and Fox News cited multiple sources briefed on the matter. Next steps were not immediately clear. Newsweek reported that some potentially applicable federal statutes are nearing five-year limitations periods and that President Donald Trump and other conservatives have continued calling for the leaker to be identified.

The right-leaning outlets, Fox News and the Daily Mail, both name Pirro as the lead and note the court's own failed inquiry. Fox News is the more compact, leading with its correspondent David Spunt's report and unnamed sources, and it includes the Justice Department's refusal to comment, with no discussion of criticism. The Daily Mail adds context the other right-leaning piece omits: Pirro's office has struggled to win grand jury indictments in several high-profile cases, and the Justice Department faces criticism over alleged politically motivated "weaponization" in Trump's second term. The New York Times, the left-leaning outlet, frames the story as an acceleration of the inquiry using subpoenas and other law enforcement powers, taking the Trump administration into the court's inner workings. Both sides agree on Pirro's role, the subpoenas, and the failure of the earlier probe. Newsweek, the alternative outlet, differs mainly by asking what offense prosecutors believe occurred and how far the executive branch can investigate a separate branch.