Two Democratic lawmakers asked an ex-federal judge who reviewed the investigation into the leak of the Supreme Court's draft abortion opinion to provide them with more information about the role he played in the inquiry after it was reported he had financial ties to the court.
In a letter addressed to Michael Chertoff, a former secretary of the Department of Homeland Security, Sen. Sheldon Whitehouse (D-RI) and Rep. Hank Johnson (D-GA) pointed to a CNN report that revealed Chertoff's risk assessment company was privately contracted by the court in recent years for security-related analysis along with his personal connection to some justices, including Chief Justice John Roberts.
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“The Court’s failure to explain adequately why it felt a third-party review was necessary, how it chose that reviewer, and its preexisting relationship with the reviewer all warrant additional clarity,” the Feb. 23 letter said, according to CNN.
Sources familiar with the matter told the outlet in January that the Chertoff Group had billed the Supreme Court upward of $1 million, raising questions about whether his firm could objectively validate the leak investigation, which reached a determination that efforts to find the leaker were virtually inconclusive.
In addition to previous financial ties to the high court, Chertoff had personal connections to the justices through his Ivy League education. Chertoff and Roberts served in successive years as law clerks on the U.S. Court of Appeals for the 2nd Circuit.
Ellen Murray, a spokeswoman for the Chertoff Group, indicated a response to the letter would be forthcoming.
The Supreme Court released its report in January that detailed the leak investigation, which was spearheaded by high court Marshal Gail Curley, showing a public summary of the findings from her in relation to the disclosure of the draft abortion opinion to Politico in May of last year. It also included a statement from Chertoff suggesting that Curley's investigative efforts were satisfactory despite the inconclusive nature of the nearly nine-month inquiry.
The lawmakers added in their letter that in "this Court matter, peculiarities abound, including the different treatment given to the justices, the Court’s suggestion that the motive may have been a ‘misguided attempt at protest,’ and the use of a third party to review the Marshal’s investigation."
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Whitehouse, who chairs the Senate Judiciary subcommittee with oversight on the courts and maintains a history of vocal criticism of the conservative majority on the bench, said he and Johnson are "working on legislation regarding the internal investigative capabilities at the Court."
The Washington Examiner contacted the Supreme Court and the Chertoff Group for response.