Prosecutors Could Pursue Charges Against the SCOTUS Leaker, According to Legal Expert

The government’s best shot at prosecuting the individual who leaked the Supreme Court’s draft opinion in Dobbs v. Jackson Women’s Health Organization may involve having potential suspects testify to their innocence in signed statements, a legal expert told the Daily Caller News Foundation.

Politico published a leaked draft opinion Monday revealing the Court would likely overturn Roe v. Wade, leading to speculation about whether the leaker’s actions were illegal. However, many of the potential charges that could be levied against the leaker aren’t a perfect fit for the unprecedented incident, Zack Smith, a legal fellow for the Meese Center for Legal and Judicial Studies, told the DCNF.

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Commentary: A Former Prosecutor’s Take on the Rittenhouse Trial and Verdict

Could Kyle Rittenhouse face another trial? Does Rittenhouse have grounds to sue media outlets for defamation? What about the behavior of the prosecutors during the trial? The Heritage Foundation’s Zack Smith, a former prosecutor, joins Tim Doescher of “Heritage Explains” to answer these questions and more. Watch the full interview here or read, below, an edited and abridged transcript.

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New Wave of Prosecutors Pushing to Ignore Sections of Law

Governor Ralph Northam signed a bill on Wednesday requiring judges to dismiss cases when both prosecutors and defense attorneys agree. The bill was born after Norfolk Commonwealth’s Attorney Greg Underwood (D) announced that he would not be prosecuting misdemeanor marijuana cases, according to The Virginian-Pilot. The bill is an example of a national push to allow prosecutors discretion to ignore whole sections of law, according to Heritage Foundation Legal Fellow and former prosecutor Zack Smith.

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Eight Commonwealth’s Attorneys Pledge to Not Enforce Pro-Life Laws

Eight Virginia Commonwealth’s Attorneys pledged that they will not enforce any laws criminalizing abortions. The pledge was signed by over 60 prosecutors and state attorneys general and expresses concern over attempts to pass laws limiting abortion. The Fair and Just Prosecution (FJP) organization published the pledge on October 14, as Congress holds confirmation hearings for Judge Amy Coney Barrett.

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