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In reply to the discussion: Were any laws broken by releasing the SC decision early? [View all]LetMyPeopleVote
(144,939 posts)20. What we know about the investigation into the Supreme Court leak-What Crime is at play
There is no crime at play here
Link to tweet
https://www.cnn.com/2022/05/03/politics/supreme-court-leak-investigation/index.html?utm_term=link&utm_source=twCNNp&utm_content=2022-05-03T23%3A43%3A04&utm_medium=social
's unclear what crime could be investigated and whether the FBI and the Justice Department have the authority to look into a leak that doesn't have to do with classified or sensitive information.
Moreover, after leading politically sensitive investigations of presidential candidates and a sitting president in recent years, Justice Department and FBI officials are loath to get the bureau involved in what may end up being a political effort to try to affect the outcome of the court's final opinion in the case.
"Leaks of government information, by themselves, are not crimes," said Steve Vladeck, a CNN Supreme Court analyst who's a professor at the University of Texas School of Law. "Usually, leakers are prosecuted for leaking classified information, which this isn't, or for offenses related to how they obtained the information they leaked."
"But without one of those hooks, or some kind of financial harm to the government arising from the leak, there's no federal criminal statute that makes leaking of simply confidential governmental information unlawful," Vladeck added.
Moreover, after leading politically sensitive investigations of presidential candidates and a sitting president in recent years, Justice Department and FBI officials are loath to get the bureau involved in what may end up being a political effort to try to affect the outcome of the court's final opinion in the case.
"Leaks of government information, by themselves, are not crimes," said Steve Vladeck, a CNN Supreme Court analyst who's a professor at the University of Texas School of Law. "Usually, leakers are prosecuted for leaking classified information, which this isn't, or for offenses related to how they obtained the information they leaked."
"But without one of those hooks, or some kind of financial harm to the government arising from the leak, there's no federal criminal statute that makes leaking of simply confidential governmental information unlawful," Vladeck added.
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If the leaker is a Supreme Court clerk they'd be "gone in 20 seconds"... n/t
PoliticAverse
May 2022
#17
If the leaker is pro-choice they'll be treated as a hero by those that agree and
PoliticAverse
May 2022
#11
I'm curious if you know offhand what type of advance people in similar situations have gotten. n/t
PoliticAverse
May 2022
#14
Not necessarily. There is speculation that the leaker came from the anti-Roe bloc
Ocelot II
May 2022
#13
interesting theory. If so then it feels like a fire you start to put out another fire but gets
ZonkerHarris
May 2022
#15
Most of us are capable of maintaining more than one thought throughout the day
fescuerescue
May 2022
#25
What we know about the investigation into the Supreme Court leak-What Crime is at play
LetMyPeopleVote
May 2022
#20