Prosecutors could pursue criminal charges against the individual who leaked the draft opinion of a Supreme Court decision to the press, but the case is more complicated if the leaker had a right to access the document, according to Zack Smith, a legal fellow for the Meese Center for Legal and Judicial Studies.
“What many people think is the most likely scenario is that a law clerk or a court employee who had a right to access it then took it and leaked it to the press. That is a more difficult thing to prosecute,” Smith told the DCNF.
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