Supreme Court leak investigation heats up as clerks are asked for phone records

[FBaggins]

in unprecedented move

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 court's moves are unprecedented and the most striking development to date in the investigation into who might have provided Politico with the draft opinion it published on May 2. The probe has intensified the already high tensions at the Supreme Court, where the conservative majority is poised to roll back a half-century of abortion rights and privacy protections.

...snip...

Sources familiar with efforts underway say the exact language of the affidavits or the intended scope of that cell phone search -- content or time period covered -- is not yet clear. The Supreme Court did not respond to a CNN request on Monday for comment related to the phone searches and affidavits.

...snip...

The escalating scrutiny of law clerks reflects Roberts' concerns about the breach in confidentiality and possibly further leaks. It also suggests the court has been so far unsuccessful in determining Politico's source.


https://www.cnn.com/2022/05/31/politics/supreme-court-roe-v-wade-leak-phone-records/index.html

[C_U_L8R]

1. Apparently no one has a right to privacy

Except for them !

[2naSalit]

4. Quick, send them more security...

The serfs have figured out they're being screwn!

[jimfields33]

7. They don't have right to security on their work phones. Nobody does.

[FBaggins]

12. I doubt that the Supreme Court issue "work phones" to clerks

What they don't have a right to is to keep their jobs if they refuse to disclose requested information.

Of course... the term is almost over anyway.

[brush]

17. Ahhhh...clerks would of course have phones at their desks.

I imagine their cell phone records are at issue.

[former9thward]

29. The term is almost over but their future job prospects are not.

[brush]

15. I doubt it's about work phones. And wouldn't the...

court/government have those records anyway as they're government property?

And I don't think a SCOTUS clerk would be stupid enough to use a work phone in this matter. I sure hope so as I'm increasingly losing respect for the two-thirds, winger-dominated institution's credibility.

[gldstwmn]

44. My understanding is that they were asked about their personal cell phones

in which case they should lawyer up.

[EndlessWire]

48. I agree. n/t

[kentuck]

2. The whole leak investigation is intended to distract from the bigger issue...

Their effort to overturn Roe v Wade .

[2naSalit]

5. +1

[Emile]

9. Bingo +1

[gldstwmn]

45. True. No crime was committed here.

[NJCher]

3. well, duh

It also suggests the court has been so far unsuccessful in determining Politico's source.

Just getting around to this now?

[hlthe2b]

6. If Ginni Thomas were actually the source (as has been rumored), does anyone think she would

actually be exposed as such? I'd imagine they've already lined up a clerk scapegoat and I doubt WSJ and Politico (who know) would not contradict.

[FBaggins]

16. "Rumored", but not credibly so

At this point that verges on conspiracy theory.

But there's no point in speculating there. We'll know much more once the final ruling is released. The potential narratives for the leak (and timing of same) will narrow down considerably once we see what changed between the draft and the final opinion.

[hlthe2b]

26. You totally missed the point. I said rumor because it is, but as likely as any right now.

It isn't as though there wasn't an opportunity (Clarence was hospitalized around that time), motivation, and history. Do you know of similar for any of the clerks? And we ARE free to speculate so I'd suggest that you contain your condescension and recriminations...

But my question was IF indeed she was involved (or someone equally controversial) do we really think the investigation would confirm it? I seriously doubt it.

[FBaggins]

28. Hardly "as likely as any"

Quite obviously - the clerks all had "opportunity" that is in no sense speculative. It's already far more speculative to imagine a SCOTUS justice "taking work home" and sharing it with their spouse. I see no "history" fitting the leak either by clerks or by a spouse apart from an earlier Roe leak in 1973. The only connection between either audience and the reporter who broke the story was one of the clerks.

"Motivation" will probably be clearer once we see the final ruling.

And we ARE free to speculate so I'd contain your condescension...

No condescension involved. We're ALSO free to point out when speculation appears to cross over into the woo-ish. Spinning that a spouse had "opportunity" that a SCOTUS clerk did not takes some pretty active imagination.

[hlthe2b]

33. and where did I (or anyone else for that matter) suggest if Ginni was involved she acted alone?

You are being offensive as hell. This is a discussion board and you CAN disagree without attacking others.

You may think you have all the answers--perhaps your assumptions might even be proven correct-- but you are speculating every bit as much as anyone else on this thread.

[FBaggins]

34. You seem to have an amazing habit of perceiving disagreement as "attack"

You deciding to take offense is not the same thing as me being offensive.

As you point out correctly. This is a discussion board and I CAN (and do) disagree with you.

and where did I (or anyone else for that matter) suggest if Ginni was involved she acted alone?

Which would only expand the "creative speculation" aspect of the theory... it wouldn't decrease it. You haven't provided any real reason to believe the theory that doesn't apply almost as well to the Easter Bunny.

IMO - The most likely source of the leak (in order of likelihood) is:

1 - Clerk
2 - Other staff
3 - Justice
4 - Someone else

Everyone in category 4 is awfully close to 0%

[hlthe2b]

35. You have a pattern...

and I'm done with you. Kindly reciprocate and put me on ignore. I like to debate, but not whatever it is you think it is that you do. Respect matters and you show none of that to others, IMHO.

[FBaggins]

36. Sorry. I don't ignore DUers

Fairly obviously... you don't either since this isn't the first time you've claimed to be "done" with me.

[JT45242]

8. And Mrs G. Thomas?...

It would seem her phone, email, etc is more likely.

[turbinetree]

10. We'll since Johnnie and his federalist society lackeys have taken over the courts and there even is

wife openly wanting to take down million of votes and have them thrown out....maybe the Roberts should should be looking at traitors within the ranks sitting on the bench ....first and after all he and with help gutted voting rights, even helped reinforce Heller vs DC on gun BS....and to top it all off let money buy the best court and politicians in the land to just further corrupt democracy.....and now he's opening a investigation....that rich....

[msfiddlestix]

23. ✔️ ✔️ ✔️ ✔️ ✔️

[lark]

11. Kabuki theater.

He knows Ginnie Thomas or one of the actual rw (in)justices leaked this so isn't asking for their cell phone records.

[FM123]

14. Bingo!

They know from the get-go it is not one the clerks.

[Novara]

19. I've asked this before, but how in hell did Ginni ...

... get her hands on Alito's written draft opinion?


I sincerely doubt justices take each other's work products home and leave them lying around, and even in the improbable event Clarence is that dumb, WHAT GOOD DOES IT DO TO GINNI THOMAS TO LEAK THIS?


It just does not pass the smell test.

[lark]

21. She gets to get the worst possible result in this ruling.

She was hoping it might scare the other fascists from retreating from their blatant torture of women.

[Arazi]

25. The draft is dated February 10 which is when Clarence Thomas was in the hospital

The theory is he had the draft on a computer or laptop to continue working while he was sick with… whatever he had. Ginni (or even a hospital worker) would have had access there. Especially if he was incapacitated.

Plus I’m pretty sure Ginni and Clarence share everything, even work content that’s supposed to stay at work

[Novara]

27. First of all,

... no one knows if he takes work home with him or if he even hand his hands on the draft at that point.

Secondly, and more importantly, HOW DOES THIS BENEFIT GINNI?

[Arazi]

37. As has been speculated, this was leaked to lock in the 5 on overturning Roe

They indicated at the initial vote to overturn Roe. Alito writes the opinion. It’s inflammatory so John Roberts starts writing his own opinion to ban abortions after 16 weeks.

Enter the leaker who spills the beans on the sausage making and locks in the justices on their initial vote (not allowing them to get squishy along with Roberts) so they don’t look like they cave to political pressure.

Win win for any conservative that wants Roe overturned but especially an Uber conservative like Ginni who has probably been plotting with Clarence for this day ever since he was installed

[Novara]

38. Oy.

[EndlessWire]

49. Maybe he took it to the hospital.

[brush]

13. That's right, SCOTUS, keep digging that hole.

You're looking worse and worse the deeper you get.

And once you strike down Roe...well, you'll look just dandy and right in line with the rest of the nation.

[FBaggins]

18. IMHO - The "affidavit" is the much bigger deal

Many have commented that there may not be a crime involved in leaking the initial draft.

I'm not sure that I agree, but signing something under oath that later turns out to have been false would make things much easier for a prosecution.

And, of course, if all but a handful of clerks sign it and the rest are fired... that will give some the impression that we know what happened.

[msfiddlestix]

22. If I were a clerk, I would have secured counsel immediately

when Roberts made public his launching of an investigation. Perhaps it wasn't obvious to the clerks just how radial and extreme lengths this would go. A Fascists Supreme Court has emerged to the sudden awareness of more people, perhaps.

It feels like it's going to get very very shocking and ugly very quickly now.

These past few years I have likened this court to the Supreme Court of Iran. The comparisons which involve religious views in decisions reaffirm my instincts and views in this regard.

Of course it's been creeping that direction for a number of years, but I had not imagineed how far it would go.

And now here we are.

tears and outrage.



.

[Buckeyeblue]

24. Are they asking the justices for this same information?

What's interesting is that the term is almost over. I think clerks only work for 1 term. So the clerks could hire outside counsel, which they should do, and run out the clock.

And if the justices aren't being investigated, the clerks should refuse.

[former9thward]

31. Yes they can run out the clock.

But if they leave under a cloud that will affect their future job prospects.

[Arazi]

39. It's 2 weeks +/- until the term ends. They already have jobs

And presumably jobs with conservative firms that would applaud these shenanigans as “bold action” on a long term conservative goal.

[former9thward]

41. No.

Those conservative firms have cases which may go to the SC. If they employ a former clerk who has pissed off one or more Justices, they would no longer have a job.

[Arazi]

42. Fair point. I'm curious if you know the justices do hold grudges against entire law firms?

I can’t believe that there haven’t been other clerks that have pissed off justices in the past before this. I don’t know any of that history however so I’m curious if that’s really how it works and they hold a grudge against an entire law firm for hiring the “wrong” clerk

[former9thward]

46. I don't know any specifics.

But this was the most serious breach of SC tradition and protocol in the modern era. Whatever else you think of them SC Justices are humans and humans react to things like this.

[BlueIdaho]

30. Let's just cut to the chase

Demand to see Justice Thomas and his wife’s phone records.

[crickets]

32. Just the clerks?

If anyone's phones and phone records are being investigated, all of them should be. That includes every single justice on the bench and every single member of their staffs. If the SC is having so much trouble discovering the leak so far, perhaps they should look among themselves.

[ZonkerHarris]

40. this is just a distraction

[crickets]

51. Right you are.

Still, it's a distraction that points out SCOTUS holds others to a higher standard than the one they set for themselves.

[budkin]

43. How much you want to bet that Ginni Thomas will NOT be investigated?

Thomas won't allow it.

[Silent3]

47. It's good to know the REALLY IMPORTANT issues are being vigorously investigated without delay

I can't think of any more pressing matters that shouldn't be dragging out to about a year and half now with precious little to show for it yet.

[librechik]

50. I'll believe they are serious when they ask Ginni Thomas for phone records.

not holding my breath