Supreme Court Witchhunt: Justices Want Clerks to Turn Over Their Phone Records

[Nevilledog]

Link to tweet

https://www.theroot.com/supreme-court-witchhunt-justices-want-clerks-to-turnov-1848997957

With a majority of its justices on the brink of flushing women’s right to an abortion down the toilet over the objections of a majority of the country, the Supreme Court seems to have its priorities in order: Find out who leaked the draft opinion on abortion to the press.

And, almost appropriately, it’s not too worried about potentially torpedoing the right to privacy of some young clerks in the process.

CNN reported today that after about a month of trying to figure out who gave the draft opinion to Politico, which then reported it to the public on May 2, the court’s investigation has entered an “unprecedented” new phase by asking for clerks to turn over their phone records and sign affidavits. That might help identify a leak, assuming one of the 18 clerks had anything to do with the leak and that they were brazen (or foolish) enough to use their personal phones in the process.

Otherwise, it could subject the clerks, who help the justices do legal research for their decisions, to intrusions into their personal lives by an employer, which also happens to be the most powerful piece of the judicial branch of government.

From CNN

Some clerks are apparently so alarmed over the moves, particularly the sudden requests for private cell data, that they have begun exploring whether to hire outside counsel....

...Lawyers outside the court who have become aware of the new inquiries related to cell phone details warn of potential intrusiveness on clerks’ personal activities, irrespective of any disclosure to the news media, and say they may feel the need to obtain independent counsel.

“That’s what similarly situated individuals would do in virtually any other government investigation,” said one appellate lawyer with experience in investigations and knowledge of the new demands on law clerks. “It would be hypocritical for the Supreme Court to prevent its own employees from taking advantage of that fundamental legal protection.”

*snip

[Thomas Hurt]

1. The Justices and their wives going to turn over theirs as well...

[Me.]

4. What About Ginni's Burner Phones?

[70sEraVet]

9. I'd sure love to see some phone records of Thomas, and Kavanaugh, while you're at it!

[PoliticAverse]

10. No. The justices hire their own clerks so if they wanted "sympaticos"...

they've hired them already.

[exboyfil]

14. I think it is employment at will

The worse that could happen is getting fired. The individual judges could protect their clerks, but their would be political consequences.

[malaise]

3. If the leaks themselves. Aren't illegal

How is this legal?

[PoliticAverse]

12. The clerks are "at will" employees. They can not cooperate with the investigation...

if they wish and they can be fired.

[Tetrachloride]

5. One would think a clerk would hold a lot of dirt on their justice

and their friends.

[usonian]

6. It would not be hypocritical

The Extreme court has been scuttling rights wholesale. "We don't need no stinkin 4th. amendment"

Been shooting holes in that one for years. Pun intended.

So who will take them to task?

[OAITW r.2.0]

7. SCOTUS- Ever hear of burner phones?

Bet Ginni Thomas knows how they work.

[former9thward]

8. Clerks have no right to privacy when it comes to the workplace.

A SC Clerk signs all that away when they agree to the clerk's position. They also agree not to disclose anything they learn or hear while on the job. These clerks are all lawyers. Supposedly good ones if they are in that position. Perhaps they should have read what they were signing when they took the job.

[Xolodno]

13. heh...it was the janitor.

He found a printed un-shredded draft in a waste basket and handed it over. LOL!