The Curious Case of Two Leaks

Dr. Munr Kazmir
5 min readJan 20, 2023

The Supreme Court can’t find the Dobbs leaker, but LAPD investigators are zeroing in on whoever leaked a recording of City Council members.

Photo by hmm 001 on Unsplash.

“The Supreme Court has not been able to determine who leaked a draft of Justice Samuel Alito’s opinion in Dobbs v. Jackson Women’s Health Organization,” reported Amy Howe for SCOTUSblog on January 19, 2023.

It was a disappointing end to a strange saga in American history.

“On May 2, 2022, Politico published a copy of the draft majority opinion in Dobbs v. Jackson Women’s Health Org., №19–1392,” began the “Marshal’s Report of Findings & Recommendations” issued by the Supreme Court and dated January 19, 2023.

“On May 3, 2022, the Chief Justice publicly announced that he had directed the Marshal to launch an investigation into the public disclosure of the draft majority opinion,” continued the official report.

“On May 5, 2022, the Marshal initiated an investigation to determine who made the unauthorized disclosure of the draft majority opinion,” the timeline clipped along. “The Marshal, in consultation with close advisors at the Court, developed an investigative plan of action. Investigators followed that plan, documented the course of their investigation, and reported the results.”

The Marshal’s investigative team of, “seasoned attorneys and trained federal investigators with substantial experience conducting criminal, administrative and cyber investigations,” searched for eight months and found…nothing.

“The investigation has determined that it is unlikely that the Court’s information technology (IT) systems were improperly accessed by a person outside the Court,” concluded the report. “After examining the Court’s computer devices, networks, printers, and available call and text logs, investigators have found no forensic evidence indicating who disclosed the draft opinion.”

After 126 interviews with 97 employees, “all of whom denied disclosing the opinion,” most unfortunately, “investigators have been unable to determine at this time, using a preponderance of the evidence standard, the identity of the person(s) who disclosed the draft majority opinion in Dobbs v. Jackson Women’s Health Org. or how the draft opinion was provided to Politico.”

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