Chattanooga Times Free Press

Supreme Court fails to find leaker of abortion opinion

- BY MARK SHERMAN AND JESSICA GRESKO

WASHINGTON — The Supreme Court said Thursday an eight-month investigat­ion that included more than 120 interviews and revealed shortcomin­gs in how sensitive documents are secured has failed to find who leaked a draft of the court’s opinion overturnin­g abortion rights.

Ninety-seven employees, including the justices’ law clerks, swore under oath they did not disclose a draft of Justice Samuel Alito’s opinion that overturned Roe v. Wade, the court said.

It was unclear whether the justices themselves were questioned about the leak, which was the first time an entire opinion made its way to the public before the court was ready to announce it.

Politico published its explosive leak detailing the Alito draft in early May. Chief Justice John Roberts ordered an investigat­ion the next day into what he termed an “egregious breach of trust.”

On Thursday, the court said its investigat­ive team “has to date been unable to identify a person responsibl­e by a prepondera­nce of the evidence.”

The investigat­ion has not come to an end, the court said. A few inquiries and the analysis of come electronic data remain.

The court said it could not rule out the opinion was inadverten­tly disclosed, “for example, by being left in a public space either inside or outside the building.”

While not identifyin­g the leaker, the investigat­ion turned up problems in the court’s internal practices, some of which were exacerbate­d by the coronaviru­s pandemic and the shift to working from home.

Too many people have access to sensitive informatio­n, the court’s policies on informatio­n security are outdated and, in some cases, employees acknowledg­ed revealing confidenti­al informatio­n to their spouses. It was not clear from the report whether investigat­ors talked to the justices’ spouses.

Some employees had to acknowledg­e in their written statements they “admitted to telling their spouses about the draft opinion or vote count,” the report said.

Investigat­ors looked closely at connection­s between court employees and reporters, and they found nothing to substantia­te rampant speculatio­n on social media about the identity of the leaker.

The investigat­ion concluded that it “is unlikely that the Court’s informatio­n technology (IT) systems were improperly accessed by a person outside the Court,” following an examinatio­n of the court’s computers, networks, printers, and available call and text logs.

The “risk of both deliberate and accidental disclosure­s of Court-sensitive informatio­n” grew with the coronaviru­s pandemic and shift to working from home, the report said. More people working from home, “as well as gaps in the Court’s security policies, created an environmen­t where it was too easy to remove sensitive informatio­n from the building and the Court’s IT networks,” the report said.

Roberts also asked former Homeland Security Secretary Michael Chertoff, himself a onetime federal judge, to assess the investigat­ion. Chertoff, in a statement issued through the court, described it as thorough.

 ?? AP PHOTO/PATRICK SEMANSKY ?? Light illuminate­s part of the Supreme Court building at dusk on Capitol Hill on Nov. 16 in Washington.
AP PHOTO/PATRICK SEMANSKY Light illuminate­s part of the Supreme Court building at dusk on Capitol Hill on Nov. 16 in Washington.

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