The New York Times first reported that the U.S. Justice Department is pursuing a criminal investigation into the 2022 disclosure of a draft Supreme Court opinion. Fox News reported that grand jury subpoenas have been issued.
The outlet said the inquiry has been underway for at least a year; its account did not make clear who received the subpoenas. Fox reported that U.S. Attorney Jeanine Pirro’s Washington office is leading the investigation, citing people briefed on the matter. The Justice Department and Pirro’s office declined to comment to Fox News.
The Supreme Court’s Jan. 19, 2023, report said investigators could not determine who disclosed the draft or how it reached Politico. The review included 126 formal interview sessions involving 97 court employees. The court identified increased remote work and weaknesses in security procedures as factors that made sensitive material easier to remove.
Politico published the draft opinion in Dobbs v. Jackson Women’s Health Organization on May 2, 2022. The Supreme Court issued its final ruling June 24, 2022, holding that the Constitution does not establish a right to abortion and overruling Roe v. Wade.
