Mike Scarcella. Karen Sloan. Jacqueline Thomsen

(Reuters] – A draft opinion of the U.S. Supreme Court that struck down Roe v. Wade’s 1973 landmark decision has triggered intense debate in the United States about who the leaker was and whether they could be subject to criminal or other penalties.

We’ll take you through some big questions.

COULD A SUPREME Court RULING BE PROSECUTED FOR CRIME?

This will depend on where the information came from and whether there were any criminal acts, like hacking into an unauthorised computer.

Orin Kerr, University of California Berkeley criminal law professor, stated that Supreme Court opinions drafts aren’t classified like national security documents. This means their disclosure will not trigger an investigation. He said that even though a leaker has the authority to review draft opinions, they could be accused of stealing or conversion federal property for their personal use.

Kel McClanahan is an adjunct professor in the George Washington University Law School specializing in national security law. He said that anyone who lies to investigators as part of the court’s leak probe can also be charged with federal false statements.

WHO WILL INVESTIGATE A LEAK?

Chief Justice John Roberts announced Tuesday that he directed the court marshal to investigate and report on the leak. He called the incident an “egregious breach”. Roberts stated that the draft decision was valid, but it wasn’t final.

The court’s marshal, who is also the chief security officer for the facility administrator and the commander of the police force, supervises the operation. Gail Curley was the former head of the National Security Law Division within the U.S. Army’s Judge Advocate general office. Her response to our request for comment regarding the leak probe has not been received.

The U.S. Supreme Court Marshal isn’t part of it. The Supreme Court marshal is not part of the U.S. Marshals Service, or the Justice Department. However, the Marshals Service and the Justice Department can arrest her. Her findings may be sent to federal prosecutors.

A ETHICS PROBE COULD BE DONE IF THE LEAKER ISN’T AN ATTORNEY

Yes. Washington’s Bar and other jurisdictions have laws that prohibit lawyers from “engageing in dishonesty or fraud, deceit, misrepresentation” Washington bars also have a policy that states that lawyers can’t “engage in conduct which seriously impairs the administration of justice.” The attorney disciplinary officer can conduct an investigation or answer to complaints.

Kerr stated that leaking a draft opinion could be considered a breach of confidentiality and lead to disbarment. He said, “This is one of the worst breaches of confidentiality that you could imagine for any court employee or staff member.”

Experts warned that for the attorney conduct provisions to be applied, the leak must involve an authorized member of a state bars. It is not clear whether any federal law clerk was involved in the leak.

Michael Frisch is an ex-disciplinary lawyer in Washington. He said that if the leaker were identified as an Attorney, they would have to go to the Bar where the Lawyer is a Member to investigate. Frisch stated, “It will be a career-defining moment, if it is not career-ending moment.”

WHAT HAPPENED BEFORE SUPREME Court LEAKS?

A draft Supreme Court ruling was leaked, which seems to have been unprecedented. But, leaked information has been shared by leakers about court dynamics after the opinions have been published. The high-profile Bush-v.-Gore case decided the outcome in 2000’s presidential election. This also happened when Edward Lazarus was a Justice Harry Blackmun clerk and wrote a telling-all book. Experts were unable to recall any High Court leak that resulted in prosecution or disciplinary actions.

According to Todd Peppers (a Washington and Lee University School of Law professor of law who studies Supreme Court clerks), a series of information leaks led the federal courts in 1970s to adopt a code of conduct for law clerks. This code forbids the disclosure of “confidential information” received during official duties by clerks.

Josh Blackman of South Texas College of Law Houston, Supreme Court expert said Chief Justice Roberts gives an annual lecture to all new clerks. He states that any leaks will result in severe sanctions.