The Supreme Court's own investigation could not determine who leaked the draft opinion, and the probe cited lack of evidence under a preponderance standard along with confidentiality weaknesses rather than identifying a leaker.

Chief Justice John Roberts ordered an internal court investigation after Politico published the draft opinion before the ruling, but the inquiry led by Marshal Gail Curley did not name the leaker.

This remains a developing story with ongoing updates expected.

U.S. Attorney Jeanine Pirro's Washington, D.C. office is leading the federal probe, with multiple sources briefing Fox News.

The investigation raises separation-of-powers concerns, since an executive-branch probe could intrude on the judiciary's confidential deliberations and threaten judicial independence if no crime is found.

A central legal issue is whether any disclosed conduct constitutes a federal crime, given that draft opinions and internal deliberations are not classified, and the timing could implicate five-year statute-of-limitations periods.

The DOJ has declined to comment as the investigation develops.

Authorities are examining how the confidential draft decision was shared with Politico two months before its public release.

The leak is described as a seismic breach of confidentiality fueling partisan accusations about the leaker's motives.

Fox News sources report that the DOJ has opened a criminal investigation into the 2022 leak of the draft that foreshadowed overturning Roe v. Wade, with grand jury subpoenas possibly issued to identify the source.

Context: Politico published the draft Dobbs opinion on May 2, 2022; the final decision overturned Roe and Planned Parenthood v. Casey the following month, but the source of the leak remains unresolved and the new probe seeks to determine both the leaker and whether a federal crime occurred.

The DOJ's criminal probe into the 2022 disclosure reportedly includes efforts to determine who shared the document with Politico, potentially via grand jury subpoenas.