One of the two Politico reporters who obtained the Supreme Court draft opinion overturning Roe v. Wade questions whether Chief Justice John Roberts has the legal authority to order his fellow justices and their clerks to cooperate in an internal investigation into who leaked the document.
“It’s not clear he has the right to order anybody to cooperate,” said Josh Gerstein, senior legal affairs reporter for Politico and lead author of last week’s bombshell story, in an interview on the Yahoo News “Skullduggery” podcast…
“If one justice were to hypothetically say, ‘My clerks are not going to be interviewed. I’m not going to be interviewed. We’ll see you later,’ it’s not clear to me [Roberts] can tell them, ‘I’m sorry, Justice blank, you have to do this.’ Under what authority?”
There’s been much speculation that Roberts’s directive could lead to a full-scale FBI probe and even a grand jury subpoena for Gerstein and Politico. “I think it’s pretty clear there is at least enough for a grand jury to investigate,” Eugene Volokh, a professor at the UCLA law school, told the New York Times. “The interesting question is to what extent there’s going to be a subpoena to a reporter.”