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Supreme Court Marshal Did Not Make Justices Sign Sworn Affidavits

The Supreme Court Marshal stated Friday that she did communicate with the justices throughout her investigation into the supply of the Dobbs leak, however that she didn’t ask them to signal sworn affidavits. 

“During the course of the investigation, I spoke with each of the Justices, several on multiple occasions,” Marshal Gail Curley stated in an announcement. “The Justices actively cooperated in this iterative process, asking questions and answering mine.” 

“I followed up on all credible leads, none of which implicated the Justices or their spouses,” she added. “On this basis, I did not believe that it was necessary to ask the Justices to sign sworn affidavits.”

It was not made explicit within the report, launched Thursday, whether or not she’d investigated the justices, because it largely referred to these investigated as “employees” and “personnel.” The Marshal’s staff was not in a position to identify a suspect. 

The different Court personnel investigated weren’t given the identical move because the justices. 

“Another statute, 18 U.S.C. § 1001 [False Official Statements], has become important to the investigation since all personnel who had access to the draft opinion signed sworn affidavits affirming they did not disclose the draft opinion nor know anything about who did,” the report stated. “If the investigators determine any of these personnel lied, they could be subject to prosecution.”

Chief Justice John Roberts ordered the investigation after Politico printed the leaked draft opinion, authored by Justice Samuel Alito and overturning Roe v. Wade, in May 2022.

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