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Reason
Reason
Politics
Eugene Volokh

FORGOTTEN HISTORY: Could supreme court leaker be criminally prosecuted maybe | History Defined

From Zack Smith & John Malcolm (Heritage Foundation's Daily Signal); Malcolm had been a federal prosecutor for 10 years:

First, there are no laws that would explicitly cover the unauthorized release of a draft opinion; they're not classified or national security materials. Maybe Congress could pass a law allowing them to be designated as such, but nothing like that currently exists.

As [Orin] Kerr points out, obviously, if someone obtained the copy through a hack—a remote but not impossible proposition since Politico's national security correspondent placed his name on the story's byline—or stole a physical copy of the draft opinion, those are clearly crimes.

But what if someone who worked for the Supreme Court and had access to it (like a law clerk) released it without permission?

There are a few possibilities for prosecution but nothing that guarantees success.

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