Someone leaked Justice Alito's Dobbs opinion in May 2022 and walked free.
Now federal prosecutors are subpoenaing the very people who worked inside the Supreme Court that month.
Jeanine Pirro has reopened the hunt the Court itself could never finish.
How a Grand Jury Subpoena Reopened the Dobbs Leak
Federal prosecutors have opened a criminal investigation into the 2022 Supreme Court leak and are issuing grand jury subpoenas to people who worked inside the building at the time, The New York Times reported on November 5, 2026.
U.S. Attorney for the District of Columbia Jeanine Pirro is reportedly overseeing the probe herself.
Carlton Davis, one of Pirro's top deputies, has been assigned to the case alongside several career prosecutors, according to the report.
Fox News independently confirmed Pirro's office is leading the investigation, citing multiple sources familiar with the matter.
The Justice Department declined to comment on the record.
On May 2, 2022, Politico published a draft of Justice Samuel Alito's majority opinion in Dobbs v. Jackson Women's Health Organization months before the Supreme Court officially overturned Roe v. Wade.
Grand jury subpoenas carry real legal weight that an internal court review never had, forcing witnesses to testify under oath or face contempt charges.
The Internal Investigation That Already Failed Once
Chief Justice John Roberts ordered the Court's marshal to find the leaker immediately after Politico's publication.
That internal investigation interviewed 97 employees and law clerks before concluding, in January 2023, that it could not identify who did it.
Justice Samuel Alito has said publicly that he believes he knows who leaked his opinion but lacks enough evidence to name that person.
Years of silence followed Alito's admission, broken only by threats against the justices who actually ruled on the case.
Nicholas Roske drove to Justice Brett Kavanaugh's Maryland home carrying a plan to kill him just weeks after the leak went public, and he escaped a 30-year sentence only because a judge believed he called off the plot before going through with it, handing him roughly eight years instead.
Why Prosecutors Are Racing a Legal Clock
Senate Judiciary Chairman Chuck Grassley has called for charges against both the leaker and anyone else who broke the law going after the justices.
Commentator Mollie Hemingway, who has written extensively on Justice Alito, put it bluntly: "So little has been done about attacks on the court."
Prosecutors have a five-year window to bring charges under the law covering attempts to intimidate or influence a judge, and roughly one year of that window remains.
Abortion rights supporters protested outside the justices' homes after the leak, and one person allegedly built a website listing their addresses and daily movements.
The investigation reportedly gained significant momentum in recent weeks, though it remains unclear whether prosecutors have identified a suspect or simply widened the list of witnesses.
Pirro's subpoenas are the first real sign that someone in Washington finally decided a crime against the nation's highest court still deserves an answer.
The same voices who demanded accountability for every leak out of Trump's White House have stayed remarkably quiet about the one leak that tried to intimidate the Supreme Court out of overturning Roe and helped inspire a plot to assassinate a justice.
A successful prosecution would mark the first time anyone faced federal charges for leaking a Supreme Court draft opinion, closing a gap in the law that has let whoever did this walk free since 2022.
Prosecutors would still need to prove someone had both access to the draft and the specific intent to pressure the Court, a bar dozens of voluntary interviews and an internal review could never clear.
Clearing that bar would hand Alito and Roberts something the Court's marshal never could: an actual name.
Sources:
- Teri Christoph, "Jeanine Pirro Reportedly Makes Major Move in Hunt for Supreme Court's Infamous Leaker," RedState, November 5, 2026.
- U.S. Supreme Court, "Statement on Supreme Court Leak Investigation," U.S. Supreme Court, January 2023.
- Staff, "Conservatives Push DOJ to Prosecute Justices' Harassers Under Statute," The Washington Times, June 20, 2026.










