Why Hasn't the Supreme Court Leaker Been Named, Shamed, and Disbarred?

AP Photo/Jose Luis Magana

OK, where’s the leaker?

The leaker who launched a thousand riots, protests, and multiple insurrections, prompted the firebombing of pro-life clinics, inspired a Supreme Court justice assassination attempt, and emboldened the stalking of justices is nowhere to be found. Why hasn’t this person been named, shamed, and disbarred at this point? And where are the FBI charges?

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The last update we had on the Supreme Court leaker was one month ago when we were assured that the Marshal of the Supreme Court cops had an investigation well in hand.

Related: Are We Finally Done With the Abortion Litmus Tests for SCOTUS Nominees?

One month ago CNN breathlessly reported, “Exclusive: Supreme Court leak investigation heats up as clerks are asked for phone records in an unprecedented move.” Nina Totenberg reported to her NPR audience, “After the leak, the Supreme Court seethes with resentment and fear behind the scenes.” Bloomberg lectured that the “Supreme Court’s Leak Investigation Is Self-Destructive.”

Well, pardon me, but after all this unprecedented phone confiscating, seething, and self-harm, I just want to find out who the hell did this and hound him for the rest of his professional life. I want him charged with crimes, I want him to be required to assume liability for the millions of dollars in arson and other damage he has inspired, and I want retributive justice. Throw that guy in the slammer with the J6ers. Let him feel what it’s like to get jacked up by the FBI and have your phone taken before you even get a glimpse of a warrant, like what happened to John Eastman simply for being a Trump lawyer. 

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President Trump has nothing on this leaker. At least Trump knew his supporters understood his hyperbolic rhetoric. At least President Trump knew there was no pattern of his supporters rioting. He certainly had no expectation of such, but the same cannot be said of the leaker and his buddies on the Left. The leaker knew exactly what he was doing. He knew the Left would mobilize, riot, protest, firebomb, and threaten the justices to change their votes or else because they’ve been doing the same for years. Hell, the leaker probably helped them. He knew Justice Alito would be targeted–that’s why he made sure the photo of the draft opinion and the names of the co-signers were leaked into the political swamp. To get a reaction. A violent reaction. Ask Brett Kavanaugh’s wife and children about that. Is there another explanation?

Chief Justice John Roberts called the willful leak of a draft opinion “appalling.” The results so far don’t seem to measure up with anyone being appalled by anything. He may be waiting till the end of the term. Well, tick-tock, Mr. Chief Justice. Half of America is pissed and we demand answers.

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Related: Chief Justice Roberts Wimps Out on Dobbs Decision

This case seems so simple that even an Inspector Clouseau could blow it wide open, but we’re no closer to publicly learning the bad actor and his intentions than we were one month ago. The universe of suspects who leaked Justice Samuel Alito’s confidential draft decision in Dobbs v. Jackson Women’s Health Organization is small. There are only 12 law clerks between the three lefty Supreme Court justices. This isn’t hard. So why has the leaker not been publicly named yet? No Marquess of Queensberry rules for Justice Swing Vote. It’s Sean Connery in the Untouchables time. If you don’t want this to happen again, bring the gun to the knife fight. Send him to the metaphorical morgue instead of the hospital.

Senator Bill Cassidy introduced a bill to punish these leakers with a possible ten-year-long sentence.

It’s a start.

I asked Mike Davis, a former law clerk for Justice Neil Gorsuch, if the leaker could face criminal liability right now.

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“They must get to the bottom of this to maintain the legitimacy of the court,” he told me on this week’s episode of The Adult in the Room Podcast. “This law clerk, presumably, must have their clerkship rescinded. They must not be able to go to a law firm and get the $450,000 Supreme Court signing bonus. They should be disbarred, and reported to the Justice Department for prosecution.”

I asked him about criminal charges. He told me there are grounds for prosecuting the leaker and the FBI would need to determine the “intent behind the leak.” But he immediately added that it’s obvious why they leaked: to “put pressure on justices to change their vote or – even worse, right, as we saw from the assassination attempt. So it’s going to come down to intent. They can certainly go after the leaker for misuse of government property, stolen property at the low end. At the high end, you could charge them with obstruction of justice and maybe other crimes if you can show what their intent is.”

As the Admiral screamed at Viper about Goose and Maverick’s buzzing the tower antics, “I want somebody’s butt and I want it now. I’ve had it!”

When this is over I want somebody to say with certainty, “Well, that’ll just about cover the flybys.”

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They’d better hope it does or we’re all screwed.

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