The scope of the Roberts-ordered investigation is a mystery and could make justices very uncomfortable
While Roberts indicated he has authorized the marshal of the Supreme Court to investigate the breach of Justice Samuel Alito’s draft opinion, he offered no details about how the inquiry would proceed. What’s even less clear is whether the probe will include a criminal element. While Republicans called for federal prosecutors and the FBI to get involved, many legal experts said the disclosure, no matter how shocking, was unlikely to amount to a crime.
, last year. She oversees a staff of 260 court employees, which includes the court’s police force, tasked with protecting the justices and grounds. But that internal police force has limited investigative capability. It’s primarily geared toward overseeing operations within the Supreme Court building and providing physical security for justices, employees and visitors.
Curley could request assistance from the FBI, which has the resources to aid any internal probe. But that step itself would depend on how deeply the justices want another branch’s investigators poking around into their private communications. Some GOP lawmakers have already urged the FBI to get involved and interview anyone who likely had access to the draft. Senior Republicans on the House Oversight Committee wrote to Attorney General Merrick Garland on Tuesday seeking answers on “all potential laws violated by leaking a draft Supreme Court opinion during deliberations with the intent to threaten or intimidate members of the Court.
“It could be obstructing the administration of justice, the due process of justice,” he said on SiriusXM’s “The Megyn Kelly Show.”
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