Regarding the potentially-unlawful leak of Justice Alito’s draft majority opinion striking down Roe V. Wade, Former Attorney General Bill Bar said Chief Justice John Roberts may have to create a special counsel may need to be formed to investigate the unknown leaker.
Barr’s comments were made on Tuesday’s broadcast of Megyn Kelly’s show. He was brought on to discuss the leak and his perspective of the entirety of events that are currently unfolding.
Barr commented, “I was flabbergasted. It really is unprecedented. Our institutions have become increasingly politicized, but I never imagined this could happen to the Supreme Court, which has always protected its confidentiality. And for someone to let this out in order to influence the final decision is really beyond the pale.”
Regarding the potentiality of criminal charges being brought upon the leaker, Barr said, “I think the chief would have had the option, and perhaps he still will, to appoint a special counsel. Not in the classical criminal sense, but the court can appoint a counsel and he could bring in a former U.S. attorney or someone with a criminal law background. And I’m sure he would get the support he needed from the FBI or any other law enforcement agency.”
Many have speculated over who inside the court could have leaked the draft opinion. Barr said he believes the most likely culprit is “a law clerk.”
“I suspect it was a law clerk. I don’t think a conservative clerk would have put this out with the idea that this would somehow shore up a wobbly judge. This is gonna be a controversial decision if it came out.”