In an unprecedented move, US supreme court clerks may be required to release their phone records as the investigation into who leaked the Roe v Wade opinion draft widens.
The possible mandated release of private cell records and signed affidavits, reported by CNN, is reportedly causing some clerks to consider retaining legal counsel.
The leaked draft on abortion, which was first published by Politico on 2 May, sparked outrage across the nation as it appeared to show that the conservative majority on the court is prepared to roll back federal abortion protections.
In the following weeks, an investigation into who leaked the draft has intensified. The chief justice, John Roberts, has met with the clerks in a group, but it is unclear whether any individual interviews have taken place.
The request for phone records is the most significant development in the investigation to date, with legal observers noting that the intrusion could cause the clerks to seek counsel.
“That’s what similarly situated individuals would do in virtually any other government investigation,” said an unnamed appellate lawyer with knowledge of the investigation to CNN. “It would be hypocritical for the supreme court to prevent its own employees from taking advantage of that fundamental legal protection.”
Roberts called for an investigation on 3 May into the leaked draft. The investigation is being led by the court’s marshal, Gail Curley.
Law clerks are not the only potential sources of the leak, as other parties also had access to the leaked draft, including the nine supreme court justices, certain staffers and other administrative officers within the court.
