The unauthorized leak of a draft Supreme Court opinion that would overturn Roe v. Wade may have violated the U.S. criminal code.
may have violated the U.S. criminal code.
The removal and use of Supreme Court documents without authorization likely runs afoul of 18 U.S. Code § 641, whichcriminal penalties for anyone who “embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record…or thing of value of the United States or of any department or agency thereof.”
Government employees have been convicted under this statute for photocopying and disseminating confidential documents without authorization. In, defendants were convicted of violating the statute for photocopying documents in an FBI file. They appealed the conviction, arguing that because they only removed copies of the documents and never deprived the FBI of their use, they did not break the law.
, holding that a “duplicate copy is a record for the purposes of the statute, and duplicate copies belonging to the government were stolen.
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