New steps taken by the Court reportedly include obtaining law clerks’ cell phone records and signed affidavits, according to sources providing information to CNN.
“Chief Justice John Roberts met with law clerks as a group after the breach,” CNN reported, “but it is not known whether any systematic individual interviews have occurred.”
“I think an attorney, in the course of representation, could decide to speak to the press to promote his client’s interests,” Josh Blackman pointed out at Reason. “But there is an open question: does the attorney-client privilege survive in light of a duty of confidentiality to the Court? That is, could a clerk tell her attorney about some internal information in order to prepare a legal strategy? Could the Chief fire a clerk who confides in this lawyer?”
