Bill Barr Says SCOTUS May Need Special Counsel To Out Leaker, Floats Criminal Charges

Former Attorney General Bill Barr said that Chief Justice John Roberts may have to arrange for a special counsel to investigate and identify who leaked a Supreme Court draft decision this week.

Barr appeared on SiriusXM host Megyn Kelly’s show on Tuesday to discuss the Monday leak of a Supreme Court draft potentially overturning Roe v. Wade, a controversial 1973 decision that created federal protections for abortion procedures.

“I was flabbergasted,” Barr said, reacting to the leak. “It really is unprecedented. Our institutions have become increasingly politicized, but I never imagined this could happen to the Supreme Court, which has always protected its confidentiality. And for someone to let this out in order to influence the final decision is really beyond the pale.”

Barr said that Roberts, who confirmed the authenticity of the draft document on Tuesday, may need to appoint a special counsel to identify the leaker. The former attorney general said he believes that criminal charges are likely necessary in order “to compel the truth.”

Barr said that the leaker could potentially be prosecuted for obstruction of justice. “Obstruction means you’re attempting to influence, you know, through some kind of wrongdoing. I don’t think it’s a stretch” to prosecute the leaker under that charge, he said.