John C. Coffee Jr. Legal 'Leakers': Can They Be Criminally Prosecuted?
The need to invoke the criminal sanction seems doubtful, particularly because the disclosure of the leaker's identity (at least in the case of Justice Alito's opinion) is likely to be career-ending.
May 18, 2022 at 12:30 PM
8 minute read
By now, every lawyer has participated in a discussion about the leaker who gave Politico a copy of Justice Samuel Alito's draft majority opinion overturning Roe v. Wade. Many feel this leaker should be indicted for a felony, disbarred, censured, or, best of all, buried alive under the amicus briefs in Dobbs v. Jackson Women's Health Organization. Few have examined, however, the legal basis for any such prosecution.
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