Investigating The SCOTUS Leak
So it’s official. After early rumors to the effect, the Chief Justice has confirmed that there will be a leak investigation. According to the statement below it will be conducted by the Marshal of the Court. I have no idea whatsoever what facilities or expertise the Marshal may have at his disposal to handle such an investigation, but I can’t imagine he would be precluded from bringing in outside experts.
What comes across as particularly weak in this statement is the failure to point out that the leak is a clear attempt to undermine the very viability of our constitutional republic—it was not just intended to “undermine … the work of the Court”, nor was it simply “an affront to the … community of public servants who work” there. It was a clear attempt to deprive We The People of a fully functional republic as envisioned in the Constitution of the United States.
The generally liberal Scotusblog understands the nihilism behind the leak:
SCOTUSblog
@SCOTUSblog
It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff. This leak is the gravest, most unforgivable sin.
Clint Ehrlich
@ClintEhrlich
The Supreme Court leaker is a criminal.
18 U.S.C. § 641 makes it a crime to "knowingly convert... any record" of the United States for one's personal use – including legal opinions.
The penalty is 1 to 10 years in prison.