Could Supreme Court leaker be prosecuted? Maybe

A final potentially promising possibility is prosecution under 18 U.S.C. §641, which broadly deals with theft, embezzlement, or conversion of government property or governmental “things of value.” The federal government has successfully prosecuted some leakers under this statute, but the federal circuit courts of appeal disagree about whether, and what, information can be a “thing of value.”

But the U.S. Court of Appeals for the District of Columbia Circuit is one of the circuits that has held an intangible item, like information, can be a “thing of value” under this statute, and since the Supreme Court is located within the District of Columbia Circuit­, that increases the odds that this would be a chargeable offense. Still, prosecution under this statute is no slam dunk.

There are other measures that Chief Justice John Roberts could implement which might increase the odds of discovering who the leaker is and of a successful prosecution. 18 U.S.C. §1001 makes it a federal offense to knowingly and willfully make a materially false statement “in any matter within the jurisdiction of the executive, legislative or judicial branch of the Government of the United States … ”