DOJ Opens Criminal Probe Into 2022 Dobbs Draft Leak

The Justice Department has opened a criminal investigation into the 2022 leak of the Supreme Court draft opinion that overturned Roe v. Wade, according to reporting by Fox News and The New York Times.

U.S. Attorney Jeanine Pirro’s Washington, D.C., office is leading the probe, multiple sources briefed on the matter told Fox News. Fox News reported that the New York Times first disclosed prosecutors are pursuing a criminal case after the Court’s own inquiry failed to identify who provided the draft to Politico.

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… pic.twitter.com/hSkZo0zc6F

— Fox News (@FoxNews) November 5, 2026

According to Fox News, the investigation has been underway for at least a year and has included grand jury subpoenas. Townhall, citing the Times account, reported that prosecutors have sought testimony and information from people who worked at the Court at the time of the leak, and that Pirro has assigned prosecutor Carlton Davis among career attorneys on the matter.

Politico published the draft opinion on May 2, 2022, revealing that at least five justices were prepared to overturn Roe. The final decision in Dobbs v. Jackson Women’s Health Organization followed on June 24, 2022, returning abortion policy to the states.

Chief Justice John Roberts ordered an internal investigation by Court Marshal Gail Curley. In January 2023, the Court announced investigators were unable to identify a person responsible by a preponderance of the evidence, Fox News reported. Former Homeland Security Secretary Michael Chertoff later reviewed the methods and said he could not identify additional useful investigative measures.

Justice Samuel Alito told Fox News chief legal correspondent Shannon Bream in an exclusive interview last month that he has an opinion about who was responsible, but that the evidence available is not strong enough for him or the Court to name a person publicly. Alito called the leak a grave breach of trust that made the justices in the majority targets and nearly resulted in the assassination of Justice Brett Kavanaugh, according to Fox News.

The Department of Justice and the U.S. Attorney’s Office declined to comment on the investigation, Fox News reported. Fox also said it asked the Supreme Court whether justices have worked with outside investigators, including DOJ.

For conservatives who watched the leak ignite protests at justices’ homes and deepen distrust inside the Court, a federal criminal inquiry is a long-delayed accountability step the Court’s own process never delivered. The Times has noted constitutional questions about separation of powers and what charge could be brought even if a leaker were identified — questions the Pirro-led probe will have to confront in public filings if the case advances.

Daily Beltway will update this story as the U.S. Attorney’s Office or the Court provides on-the-record confirmation.

Sources

• Fox News: DOJ launches criminal probe into Supreme Court Roe draft leak
• Townhall: Trump DOJ pursuing criminal investigation into Dobbs leak
• Fox News on X: Pirro office leading Dobbs leak criminal probe

Reporting by Daily Beltway.