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Marshal ‘Spoke With’ Supreme Court Justices, Excluded Them From Signing Sworn Affidavits in Leak Probe

Formal group photograph of the Supreme Court as it was been comprised on June 30, 2022 after Justice Ketanji Brown Jackson joined the Court. The Justices are posed in front of red velvet drapes and arranged by seniority, with five seated and four standing. Seated from left are Justices Sonia Sotomayor, Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Samuel A. Alito and Elena Kagan. Standing from left are Justices Amy Coney Barrett, Neil M. Gorsuch, Brett M. Kavanaugh, and Ketanji Brown Jackson. Credit: Fred Schilling, Collection of the Supreme Court of the United States

The U.S. Supreme Court Marshal “spoke with” the Court’s justices as part of the investigation into the leak of the Dobbs draft decision that ultimately overturned the constitutional right to abortion, but unlike the dozens of other employees they were not asked to sign sworn affidavits, according to a statement released late Friday afternoon by the Court.

The terse statement offered few additional details, especially after the Marshal’s 20-page report had left many with more questions than answers. The report stated the investigation was unable to identify the leaker.

“During the course of the investigation, I spoke with each of the Justices, several on multiple occasions,” U.S. Supreme Court Marshal Gail Curley states. “The Justices actively cooperated in this iterative process, asking questions and answering mine. I followed up on all credible leads, none of which implicated the Justices or their spouses. On this basis, I did not believe that it was necessary to ask the Justices to sign sworn affidavits.”

RELATED: Experts Blast Chief Justice’s ‘Sham’ Leak Probe: ‘When Is an Investigation Not an Investigation?’

They statement does not say the justices were formally interviewed, nor does it state if Marshal Curley spoke with or interviewed their spouses.

The treatment of the justices appeared to be either far less extensive, or was not fully revealed, one day after the Court released the Marshal’s report. That report did not even mention that the justices had been interviewed. Several legal experts concluded, based on the report’s circuitous language, that neither the justices nor their spouses had been interviewed.

The statement also does not indicate that justices’ cell phones or other electronic devices were examined.

 

This is a breaking news and developing story. Details may change. This story will be updated.

Image by Fred Schilling, Collection of the Supreme Court of the United States

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