It's been four years, and we still don't know the identity of the person who leaked the Supreme Court's draft opinion overturning Roe v. Wade.
But, according to a report out Thursday, the Department of Justice (DOJ) is stepping up its efforts to crack the case, and investigators may now be letting loose with some serious legal firepower.
The reporting comes from The New York Times, which reveals that federal prosecutors are pursuing a criminal investigation into the notorious 2022 leak and have reportedly begun issuing grand jury subpoenas seeking testimony and information from people who worked at the Supreme Court at the time.
Jeanine Pirro, the U.S. attorney for the District of Columbia, is said to be the one overseeing the investigation, with one of her top deputies, Carlton Davis, reportedly assigned to the case along with several career prosecutors.
BREAKING: U.S. Attorney Jeanine Pirro’s office is leading a criminal investigation into the 2022 leak of the Supreme Court’s draft opinion that overturned Roe v. Wade, multiple sources tell Fox News. The investigation comes after the Supreme Court’s internal probe failed to identify who leaked the draft to POLITICO. The Justice Department declined to comment on the investigation. Download the Fox News app to follow this developing story: https://t.co/ISpW9FcyGB
— Fox News (@FoxNews) November 5, 2026
The investigation has apparently picked up steam in recent weeks, although it's still unclear whether investigators have actually uncovered any new evidence or identified a suspect. The DOJ has yet to publicly confirm the reported developments, and prosecutors have not disclosed which criminal charges – if any – they might pursue.
As you may recall, Washington, D.C., was rocked on May 2, 2022, when Politico shockingly published a draft of Justice Samuel Alito's majority opinion in Dobbs v. Jackson Women's Health Organization, which revealed that the Court was preparing to overturn Roe v. Wade.
(Alito, by the way, has said he thinks he knows who the leaker is, but doesn't have enough evidence to publicly name the person.)
Chief Justice John Roberts ordered an internal investigation into the leak, but despite conducting interviews with 97 Supreme Court employees and law clerks, investigators announced in January 2023 that they had been unable to discover the identity of the leaker.
If this latest report proves to be correct, the use of grand jury subpoenas would be a significant, if somewhat overdue, escalation in the government's efforts to finally identify the person behind one of the biggest leaks in Supreme Court history.
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