# Justice Department Opens Criminal Probe Into the Supreme Court's Dobbs Draft Leak, With Pirro's Office Leading and Grand Jury Subpoenas Issued, Fox News Reports

Fox News, citing multiple sources, says the D.C. U.S. Attorney's office has run the probe for at least a year. The Supreme Court's own inquiry found no culprit in 2023. Justice Alito says he has an opinion but not enough evidence to name anyone.

- Section: [Politics](https://rightnewsrightnow.com/politics/)
- Published: 2026-11-05
- By: RightNewsRightNow Staff
- Canonical page: https://rightnewsrightnow.com/articles/doj-criminal-probe-supreme-court-dobbs-leak-pirro-grand-jury-subpoenas-alito-politico-fox-news/

The 2022 leak of the Supreme Court's draft opinion overturning Roe v. Wade is now a federal criminal investigation, Fox News reports.

The probe. Multiple sources briefed on the matter told Fox News on Wednesday that U.S. Attorney Jeanine Pirro's office in Washington, D.C., is leading the investigation. The sources said it has been underway for at least a year, and that grand jury subpoenas have been issued, though it is unclear who received them. Fox says the New York Times reported the investigation first. The Justice Department and the U.S. Attorney's Office declined to comment. Fox says it also asked the Supreme Court whether the court or any justices have worked with outside investigators, including the DOJ, and has not reported an answer.

The background. Politico published the draft on May 2, 2022, showing that at least five conservative justices were ready to overturn Roe. The final ruling in Dobbs v. Jackson Women's Health Organization came June 24, 2022. Chief Justice John Roberts ordered an internal investigation, led by Court Marshal Gail Curley. After months of forensic work and interviews with nearly 100 employees, the court said in January 2023 that investigators were "unable to identify a person responsible by a preponderance of the evidence." Fox recalls that sources said the inquiry had narrowed to about 70 people, including roughly three dozen law clerks. The marshal's report said expanded work-from-home arrangements and security gaps made it easier to remove sensitive material, and that some employees admitted telling a spouse or partner about the draft.

Alito. Fox ties the news to its own interview last month with Justice Samuel Alito, who told Shannon Bream: "I do have an opinion. But the evidence available at this time is not strong enough for the court or for me to say this is the person who was responsible." He called the leak "a grave breach of the trust" and said it "very predictably made the five of us in the majority targets for assassination and nearly resulted in the assassination of my colleague Brett Kavanaugh." Fox notes a California man was arrested near Kavanaugh's Maryland home in 2022 and charged with attempting to assassinate him.

Why it matters here. Our earlier coverage carried Alito's statement that he is not retiring. A criminal case would move the leak from a court inquiry that closed without answers to a process with subpoena power. Fox's report does not say what crime prosecutors are examining or whether anyone is a target.

What we could not check. We relied on Fox News's account of unnamed sources. We have not seen the subpoenas or any DOJ statement, and the New York Times report is not ours to confirm. Fox says clerks from that period have since finished their terms, so who can be reached is an open question.

## Source

Original reporting: [Fox News](https://www.foxnews.com/politics/doj-launches-criminal-probe-supreme-court-leak-exposed-ruling-overturning-roe-v-wade)