Jan 20, 2023 - Politics & Policy

SCOTUS justices were interviewed in abortion opinion leak investigation

Photo of police fencing in front of the Supreme Court building

Security fencing surrounds the U.S. Supreme Court on June 6. Photo: Drew Angerer via Getty Images

Supreme Court Marshal Gail A. Curley said Friday that none of the justices or their spouses were implicated in any of the "credible leads" pursued in her investigation into the leak of the draft opinion in Dobbs v. Jackson.

Driving the news: Curley, who in a report to the court said investigators have been unable to identify the responsible party thus far, said she interviewed the nine justices but did not ask them to sign sworn statements.

Why it matters: The report — publicly released Thursday alongside a statement from the court — did not mention whether justices were questioned as part of the probe.

What she's saying: "During the course of the investigation, I spoke with each of the Justices, several on multiple occasions," Curley said in the statement.

  • "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," she noted.

Worth noting: A sworn affidavit is made under oath to attest that an individual is telling the truth.

  • It's also unclear what questions were asked.

The big picture: Eight months after the leak roiled the country, investigators remain empty-handed in their probe.

  • Curley's report said they continue to "review and process some electronic data that has been collected and a few other inquiries remain pending."
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