Democrat President Joe Biden’s administration reportedly does not view the recent the leak of the Supreme Court’s draft of the majority opinion overturning Roe v. Wade as a federal crime.
In the document, which was leaked to Politico, Justice Samuel Alito writes that “Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment.”
“Roe was egregiously wrong from the start,” Alito added. “Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”
In response to the leak, Chief Justice John Roberts announced that he would be launching an investigation to find its source. He said, “To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed. The work of the Court will not be affected in any way… This was a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here.”
“I have directed the Marshal of the Court to launch an investigation into the source of the leak,” Roberts announced.
According to NBC News, Biden administration officials “said the Justice Department’s view, at this early stage, is that the leak did not constitute a federal crime. Accordingly, neither the FBI nor other federal law enforcement organizations are involved in any investigation, the officials said.”
“Some legal experts said the leak could be considered a technical violation of a federal law that prohibits giving a government document to someone not authorized to receive it,” NBC News added. “But under long-standing Justice Department practice, such actions are not prosecuted when the material is conveyed to a reporter for the purpose of making it public. The policy is intended in part to protect government whistleblowers.”
However, the outlet noted that the “lack of involvement by the Justice Department could change if it turns out the document was obtained through some criminal action, such as trespassing or computer hacking.”
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