The Department of Justice has launched a criminal investigation into one of the most controversial Supreme Court incidents in recent history, reopening questions surrounding the mysterious 2022 leak of the draft opinion that ultimately overturned Roe v. Wade.
Federal prosecutors are now using grand jury subpoenas to investigate the unauthorized disclosure, signaling a renewed effort to identify whoever was responsible for exposing the Court’s confidential deliberations.
According to the New York Times, the investigation is being handled by the office of U.S. Attorney for the District of Columbia Jeanine Pirro.
Prosecutors have reportedly issued subpoenas in recent weeks seeking testimony and information from individuals who worked at the Supreme Court when the draft opinion was leaked.
The investigation has been underway for at least a year, according to individuals cited by Fox News.
Pirro is overseeing the case alongside career federal prosecutors and senior deputy Carlton Davis.
Neither the Justice Department nor Pirro’s office offered a public comment when contacted about the investigation.
The development brings renewed attention to a scandal that shook the nation’s highest court more than four years ago.
On May 2, 2022, Politico published a leaked draft majority opinion written by Supreme Court Justice Samuel Alito in Dobbs v. Jackson Women’s Health Organization.
The confidential document revealed that a majority of justices had voted to overturn Roe v. Wade and Planned Parenthood v. Casey, two landmark abortion decisions.
The disclosure triggered a political firestorm just months before the 2022 midterm elections.
It also raised serious concerns about confidentiality and security inside an institution whose internal deliberations are traditionally shielded from public view.
Chief Justice John Roberts quickly ordered an investigation, directing Supreme Court Marshal Gail Curley to determine how the document had reached the public.
But the internal inquiry ultimately failed to identify the person responsible.
In January 2023, investigators announced that they were “unable to identify a person responsible by a preponderance of the evidence.”
The investigation included interviews with 97 Supreme Court employees and law clerks.
All signed sworn affidavits denying responsibility for the unauthorized disclosure.
Investigators also examined electronic systems and devices in an attempt to trace the leak.
During the inquiry, some Court employees admitted discussing the draft opinion or the justices’ preliminary vote count with spouses or partners, violating internal confidentiality requirements.
However, those admissions did not establish who provided the document to Politico.
Former Homeland Security Secretary Michael Chertoff subsequently reviewed the investigation and concluded that it had been conducted thoroughly.
The Supreme Court eventually issued its final Dobbs decision on June 24, 2022, formally overturning Roe v. Wade.
Yet the identity of the individual responsible for the original disclosure remained unknown.
Now, the Justice Department’s criminal investigation could subject the incident to a different level of scrutiny.
The renewed effort follows a public announcement from former FBI Deputy Director Dan Bongino in May 2025.
Bongino revealed that the FBI had decided to devote additional resources to several controversial investigations, including the Supreme Court leak.
The other cases included the discovery of cocaine at the White House during the Biden administration and the Washington, D.C., pipe bombing investigation.
At the time, Bongino explained that federal officials had evaluated several matters involving potential public corruption that had attracted considerable attention, Trending Politics reported.
Authorities decided to reopen certain investigations or provide additional investigative resources.
The Dobbs leak was among those priorities.
Justice Alito has also publicly expressed his frustration over the failure to identify the person responsible.
During a 2023 interview with the Wall Street Journal, Alito suggested that he had suspicions about who leaked the document.
“I personally have a pretty good idea who is responsible, but that’s different from the level of proof that is needed to name somebody,” he said.
Alito also argued that the disclosure was intended to prevent the draft opinion from becoming the Supreme Court’s final ruling.
In a separate interview with Fox News, the justice characterized the incident as a serious violation of trust.
He warned that the leak placed members of the Court’s conservative majority in danger and referenced the threat against fellow Justice Brett Kavanaugh.
The new criminal investigation marks a potentially consequential development because prosecutors are now pursuing testimony through grand jury proceedings.
However, the issuance of subpoenas does not mean investigators have identified the leaker or established that a criminal offense occurred.
No individual has been publicly named as a suspect in the information reported Thursday, and no criminal charges have been announced.
The central mystery therefore remains unresolved.
More than four years after a confidential Supreme Court opinion appeared in the national press, federal investigators are still working to determine who disclosed it.
And with Pirro’s office now pursuing testimony from individuals connected to the Court, the investigation into one of Washington’s most closely watched leaks has entered a new chapter.
