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The Supreme Court released a report Thursday, a summary of its (non) findings as the Court’s Marshal searched for the source of the leaked Dobbs draft opinion.
Long story short: the Marshal and her team did not manage to identify a suspect.
But one glaring question permeated the report: were the justices themselves investigated?
The Supreme Court released a statement from the Marshal early Friday evening, saying that she did interview the justices, but did not feel the need to make them sign sworn affidavits — like she did with all of the other Court employees who had access to the draft.
It’s a pretty stark difference, as the sworn affidavits are the Marshal’s strongest tool in obtaining true statements. And she was blunt with the repercussions, should any of those employees be found to have lied.
“Another statute, 18 U.S.C. § 1001 [False Official Statements], has become important to the investigation since all personnel who had access to the draft opinion signed sworn affidavits affirming they did not disclose the draft opinion nor know anything about who did,” the report said. “If the investigators determine any of these personnel lied, they could be subject to prosecution.”
So now we know that the justices weren’t omitted from the investigation altogether. But it’s clear that they weren’t treated like the other Court employees. And that’s crucial, given that there’s evidence to suggest that some of the justices should have been prime suspects. A former anti-abortion leader told the New York Times last fall that he learned of the decision in Burwell v. Hobby Lobby Stores weeks ahead of time, thanks to a friend who got the news from dinner at the Alitos’.
The report, and this statement, are products of an increasingly bizarre cult of delusional piety that surrounds this Court. Justice Clarence Thomas poses with then-Republican candidate Herschel Walker, Justices Amy Coney Barrett, Brett Kavanaugh, Neil Gorsuch and Alito get feted at the Federalist Society, but these Court loyalists insist that they’re all apolitical straight shooters. Thomas’ wife actively tries to overturn the 2020 election, comforted along the way by her “best friend” and husband, yet we pretend to believe that her political fanaticism does not pierce his bubble of judicial independence.
The leak grievously offends this tribe, absolutely irate that the opinion was not handled like the divine decree it is. But presuming the justices’ innocence, or at least being unwilling to aggressively investigate them, comes from the same poison well as pretending that they’re just neutral umpires, calling balls and strikes.
More on other news below. Let’s dig in.