are records that were in the supreme court s intranet system . second one is 18 usc nineteen five which prohibits to disclosure of confidentialch information confidential in the sense that it was prohibitedhe from disclosure by the agency. so that i think that squarely on point here. so the fbi would have jurisdiction or the justice department would have jurisdiction h should they chooe to exercise the separation of e powers thingxe is a different t different legal question that sol may be able to address . but say i really think that thee is jurisdiction here when i see the marshal that the court appointed to conduct the investigation like india mayberry being assigned to investigate watergate, it sof nt going to happen. they re not going to they ll never find outou who did this .d and i saw i knew some of the folks in the marshal s office. they were they were great people a and you know, i m sure they do their very best. but there was a big push in that january 6th case aboutg indivi
performing draft almost no legal added a criminal probe my stretch justice authority here but chris once again let s assume at some point there is a federal question that arises, okay? in that case, how would the person be discovered? how do you determine if someone leaked? if i were the chiefed i would line up all the clerks and say we think one of you did this. i m going to give you like 24 hours to tell me who did it. i don t know if you fire everybody or i don t know how you do this but technically with the phones, with the signal and what s app, how do you do it? i think it s a heavy digital forensics investigation. they work on an intra net system, which is an air locked system, as i understand it. you can t go outside this intra net system. so i think it s an very complex
analyst said, adding that a criminal probe might stretch the justice department s authority here. but chris , once again, let s let s assume at some point there is a federal question that arises, okay, in that case, how how would the person be discovered? how do you how do you determine if someone leaked? if i were the chief, i d line if i were the chief, i d line think one of youou did this . i m going l to give you like twenty four hours to tell me who did it and if you fire everybody or if i don t know how you do this but technically with the phones, with the signal and what s that . how do you h do it. i think it s a heavy digital forensics investigation. they work on an intranet systemd which is an air lock system. as i i understand it, you can t go outside this intranet system so i think it s a very, very complex forensic investigation
investigation, you know, within the court family. it may be true that this isn t the best entity to the supreme court of the united states police may not be the best entity to conduct the investigation. you know, i wouldn t necessarily compare them to andy and barney as a citizen of north carolina that oh fends offends me but we ll let that pass but keep in mind the supreme court, the police, supreme court of the united states police i believe that is an independent agency of the government. and the real issue here is, if they conduct an investigation, did the person or persons who did this, are they going to lie? if they lie during an investigation. laura: right, different matter. then clearly, clearly a crime under 18 ussdmroochlt this is what the washington post reported today, would doj charge someone for leaking scotus
forensic investigation to see who downloaded the investigation, who may have transmitted the information else you know, or, i m sorry, printed the information. they can t transmit it out of the intra net system. there are a lot of different ways. who might have transferred it to an external drive, for example, as well. all of these things have digital memories. all of these things, what they would have to do is have everyone turn in their laptops or at least have their laptops forensically compeed, their mobile devices for ebbsically compeed anything that could access that intra net system for whenceically exploited, if you will. laura: right. so saul if you re the chief justice, or frankly all the justice. i was hoping that all nine justices signed a letter together and all said today how they condemn this, how it s important that the leaker actually be discovered, and