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Chief Justice of the United States, John G. Roberts. (AP file photo.)
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Where is the leaker?

It has been two months since Supreme Court Chief Justice John Roberts launched an investigation into the extraordinary leak of the draft abortion ruling that has set the country on fire.

To date that person has not been found, even as the law clerks who work for the nine justices, and who are reportedly suspects, are being required to provide cellphone records and sign affidavits. Some have sought outside legal counsel.

Their lives have been turned upside down. And the integrity of the court has been severely undermined. Such a leak has never happened in the long history of the high court.

But what if none of the 36 law clerks — four assigned to each of the nine justices — is the leaker?

The leak of the draft ruling, when made official, would strike down Roe v. Wade, which guarantees federal protection of abortion rights. Instead it allows each state to make its own abortion laws.

Fueled by prior threatening and intimidating remarks from leftists, like Senate Majority Leader Chuck Schumer, the leaked draft opinion set off a series of controversial events.

This included the law-breaking and intimidating demonstrations outside the homes of pro-life justices by pro-choice demonstrators, as well as the planned assassination of Justice Brett Kavanaugh by a deranged pro-lifer.

The abortion situation exploded when a copy of the draft majority ruling, written by Republican-appointed Justice Samuel Alito, was leaked to Politico reporters Josh Gerstein and Alexander Ward, who broke the story on Politico’s online website May 2.

Alito wrote that it was time that  Roe v. Wade be overruled because it was “egregiously wrong from the start.” He said, “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

The four other justices who reportedly supported Alito are Kavanaugh, Clarence Thomas, Neil Gorsuch and Amy Coney Barrett.

The three Democrat-appointed justices, Stephen Breyer, Sonia Sotomayor and Elena Kagan, are pro-live dissenters, the person who leaked the document told Politico.

While the leaker remains unknown, it appears unlikely that it was one of the law clerks. If it were, it might have been one of the 12 who work for the three dissenting Democrat-appointed judges. The leak gives Democrats more time to attack the pending pro-life ruling.

But this too is doubtful. The law clerks who serve the court for their one-year appointments are the super-star graduates of their mostly Ivy League law schools.

They are sought after by the top law firms in the country and go on to earn huge salaries. Some later become judges. Six of the current justices on the Supreme Court served as law clerks.

A law clerk found to be the leaker would be disbarred and his guaranteed future of status and wealth destroyed. And he could be sent to prison.

In addition, most of the law clerks are new to Washington and wouldn’t know a Politico reporter from a telephone pole. They are at the court for only a year. They are not around long enough to get to know any reporters, let alone veteran Washington Politico reporters like Gerstein, who’s been around, or even Ward, a national security reporter.

No, the draft opinion was not leaked by a law clerk, unless the clerk was ordered to do so by the judge he worked for.

The leak might have come from one of the dissenting judges, all of whom have been in Washington for a while, have establishment media contacts and are on board with much of the Democrat Party agenda.

The Democrats run Washington and leaks are the way of life, even if it means wrecking the integrity of the Supreme Court.

Keep in mind that it is the Democrats who have attacked the Supreme Court and want to pack it with fellow Democrats to get the results they want regardless of the law.

So you get a judge to sorely injure the court in the process.

The leak is a step in that direction.

Our democracy is in danger all right, in danger from the Democrats.

Peter Lucas is a veteran Massachusetts political reporter and columnist.

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