Affidavit could provide a mechanism to impose criminal liability on the SCOTUS leaker
by Elad Hakim June 1, 2022

When the draft opinion overturning the landmark case of Roe v. Wade was leaked, various legal scholars were at odds about whether the leak constituted a criminal offense.

As reported by The Washington Times:

“Some have said it could be theft of government property or obstruction of justice in trying to change the outcome of the ruling. Others have said Supreme Court documents aren’t protected by confidentiality laws like other areas of government.”

While the answer to this question remains unclear, the Supreme Court recently took another step that could potentially make it easier to impose criminal liability on the leaker(s). According to CNN, the court is asking clerks to provide cell phone records and sign affidavits.

While the request for cell phone records could face obstacles on privacy and other grounds, the affidavit is another story altogether. Pursuant to 18 U.S.C. 1001:

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—

(2) makes any materially false, fictitious, or fraudulent statement or representation;