Trump’s DOJ Is Looking at a Criminal Investigation into the Supreme Court Abortion Ruling Leak

Inquiry expands under Trump appointee

The U.S. Attorney’s Office for the District of Columbia, led by Trump appointee Jeanine Pirro, is managing the investigation. Pirro assigned senior prosecutor Carlton Davis to the matter alongside career prosecutors.

Leaker remains unidentified

The leaked document was Justice Samuel A. Alito Jr.’s draft opinion in Dobbs v. Jackson Women’s Health Organization. It was provided to Politico in May 2022, about two months before the ruling was formally released.

A January 2023 report by the court’s top security official said investigators could not identify the source under a “preponderance” standard. It cited outdated security protocols and said online accusations against liberal law clerks were unproven. Alito later told The Wall Street Journal he had “a pretty good idea who is responsible,” but not enough evidence to name anyone publicly.

Theories and calls to investigate

President Donald Trump and conservative commentators have repeatedly called for law enforcement to find the source, advancing the theory that a liberal staffer leaked the draft to derail the ruling. Other observers have suggested a conservative may have leaked it to keep justices from breaking with the majority opinion, as compromise efforts were underway before publication.

Legal and constitutional limits

Legal experts say criminal charges would face statutory and constitutional hurdles. Unlike cases involving classified national security information, no specific federal law explicitly makes unauthorized disclosure of internal Supreme Court drafts a crime.