The Justice Department has stepped up its criminal investigation into the 2022 leak of the Supreme Court’s decision overturning Roe v. Wade, issuing grand jury subpoenas as prosecutors seek to identify who provided the draft opinion to Politico, The New York Times reported Thursday.

The investigation, overseen by U.S. Attorney Jeanine Pirro in Washington, D.C., has accelerated in recent weeks, with prosecutors seeking testimony and information from people who worked at the court when the draft was disclosed. Politico’s May 2022 report revealed that the justices were preparing to eliminate the constitutional right to abortion, nearly two months before the court formally issued its ruling.

The renewed probe comes more than three years after the Supreme Court’s internal investigation failed to identify the leaker. It remains unclear what criminal statute prosecutors believe was violated, since no federal law specifically prohibits the disclosure of the court’s internal records. The investigation could also raise separation-of-powers concerns if prosecutors seek access to confidential judicial deliberations.

Chief Justice John Roberts ordered an internal investigation shortly after the Politico story was published, setting off a months-long effort to determine how one of the court’s most closely guarded documents reached the press. Investigators interviewed 97 court employees and clerks, some of whom were required to sign affidavits denying involvement. The justices were consulted but not formally interviewed, according to the Times.

The court closed its inquiry in January 2023 without identifying a suspect, citing insufficient evidence. Its report also highlighted weaknesses in the court’s security procedures and information systems, leaving unanswered questions about how the draft opinion was obtained.

President Donald Trump has repeatedly called for the leaker to be identified, including demanding in July that the person responsible be found. The Times reported that prosecutors have not disclosed whether they have uncovered new evidence or why the investigation has gained momentum now.

The case presents an unusual legal challenge. While unauthorized disclosures involving national security information can carry criminal penalties, the Supreme Court’s internal deliberations are not protected by an equivalent federal statute. Prosecutors could potentially examine whether court employees made false statements during the original investigation, though no charges have been announced.

The investigation also puts the Justice Department in the position of potentially seeking sensitive records from a separate branch of government, even as the Supreme Court considers cases involving Trump’s administration.

A spokesperson for Pirro’s office declined to comment to the Times, while the Supreme Court did not respond to questions about its cooperation with the investigation.

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