Democrats Decry Calls for DOJ Investigation Into Historic Leak

Democratic critics continue to slam Republican calls for the Department of Justice (DOJ) to investigate the unprecedented leak of a Supreme Court draft opinion concerning Roe v. Wade.

Chief Justice John Roberts ordered an investigation to find the source of the leak almost immediately. For the first time in the over two-century history of the institution, the chief operations officer of the Supreme Court is leading an internal investigation into a draft leak.

This official, career Army lawyer and West Point graduate Gail Curley, also oversees the independent police force that protects justices. Draft decisions are held in confidentiality, and clerks understand that a breach of trust could destroy their chances for a successful legal career.

However, high-ranking GOP legislators feel this will not be adequate, even as they express confidence in Roberts’ inquiry. Twenty-one Republicans signed a letter to Attorney General Merrick Garland demanding both the DOJ and FBI get involved in unearthing the leaker.

Sen. Minority Leader Mitch McConnell (R-KY) urged a thorough investigation into the “lawless action.” In a Tuesday floor speech, he called on the DOJ to “pursue it completely” and for the guilty to be punished “to the fullest extent.”

Those favoring outside investigation cite federal law that specifically appears to apply to last week’s unprecedented action. It states that removing, destroying, or attempting to do so of any record, document, and a long list of other things may result in up to three years in prison.

Democrats, however, have a much different perspective.

They charge that such an investigation will blur the lines of separation of powers and that the leak may not even be a crime. AG Garland has repeatedly sidestepped questions on DOJ involvement, and while admitting it is a fireable offense, liberals and the legacy media balk at prosecution.

Former prosecutor Renato Mariotti says it is not a crime to disseminate a draft Supreme Court opinion or other court documents.

Perhaps. But for a party committed to charging Republicans with everything from not tipping a waitress to jaywalking, this sudden reluctance to investigate appears suspicious. The truth will emerge, it’s now just a matter of when and how.