HMM: Supreme Court investigators have narrowed leak probe down to a small group of suspects.
Supreme Court officials are escalating their search for the source of the leaked draft opinion that would overturn Roe v. Wade, taking steps to require law clerks to provide cell phone records and sign affidavits, three sources with knowledge of the efforts have told CNN.
Some clerks are apparently so alarmed over the moves, particularly the sudden requests for private cell data, that they have begun exploring whether to hire outside counsel. . . .
The Journal’s description of the brief interviews seems to jibe with the idea that investigators aren’t looking for a confession so much as daring the leaker to lie to a direct question. As the article points out, the leak itself probably wasn’t illegal so there’s no punishment in terms of arrest or imprisonment coming for whoever did this whether they confess or not. However, there could be a case made for disbarment if the clerk can be shown to have lied to the Chief Justice or the marshal. That would certainly be a blow to one of the top young lawyers in the country.
Lying to investigators is probably a crime under 18 USC 1001 even if the leak wasn’t a crime. Guilty or innocent, a smart lawyer would lawyer up — a lawyer who represents himself has a fool for a client — and clam up.