A Supreme Search

Again, the odds that Justice Clarence Thomas's wife, GOP activist Ginni Thomas, is the person who leaked the draft Roe decision is about 99%. The Supreme Court on the other hand continues to pretend that a massive investigation into clerks and staff is needed.

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.

Chief Justice John Roberts met with law clerks as a group after the breach, CNN has learned, but it is not known whether any systematic individual interviews have occurred.

Lawyers outside the court who have become aware of the new inquiries related to cell phone details warn of potential intrusiveness on clerks' personal activities, irrespective of any disclosure to the news media, and say they may feel the need to obtain independent counsel.

"That's what similarly situated individuals would do in virtually any other government investigation," said one appellate lawyer with experience in investigations and knowledge of the new demands on law clerks. "It would be hypocritical for the Supreme Court to prevent its own employees from taking advantage of that fundamental legal protection.". 

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.

 

SCOTUS is going to continue to pretend the credibility crisis of the court is because of the leak, and not because Alito and at least four other justices are going to start rolling back rights after decades and pitch the country into a patchwork of abortion bans and other "it's up to the state" rulings where your rights are determined solely by which state you live in.

We'll see who is offered up as the leaker eventually, but my guess is that we won't see that until after the term ends.