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The Dershow

Should the journalists be compelled to disclose who leaked SCOTUS opinion?

The Dershow

Alan Dershowitz | Kast Media

News, Politics

4.41.9K Ratings

🗓️ 24 January 2023

⏱️ 30 minutes

🧾️ Download transcript

Summary

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Transcript

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0:00.0

Welcome back to the Dirt Show.

0:03.7

As you know, the Marshall's office in the Supreme Court has basically thrown up its hand

0:08.1

and said, look, we can't solve this mystery of who leaked the decision.

0:13.9

The draft opinion, in the case, overruling Roe vs. Wade, we tried everything, we even

0:21.0

spoke to the justices, it was a conversation, it wasn't an interrogation, and there was

0:25.2

no affidavit or no swearing or anything like that.

0:28.6

We spoke to 100 people, some of them had to sign affidavits, some of them not, but we

0:36.1

haven't gotten to the bottom of it.

0:38.2

So President Trump made a suggestion, interestingly enough, as soon as this was over, he said, why

0:44.6

not?

0:45.6

Sapina, the journalists, they're two journalists, they work for Politico, we know their name,

0:51.1

they were in the article, and put them under oath and say who gave you the draft decision

0:59.7

in that case, and they'll say, oh no, no, no, no, no, no, we can't answer that, it's

1:04.6

journalists a privilege, and then it'll go to the court, and the court will have to decide,

1:10.6

does the journalists privilege our way the governmental need for finding out who was the

1:17.4

source of the leak of the opinion?

1:19.2

So what I want to do from the next 15 minutes or so is to conduct a socratic seminar, the

1:24.8

kind I would have done at Harvard Law School for 50 years, presenting all sides of the issue,

1:30.3

and leave it to you to decide how you come out.

1:35.2

Okay, let's start with this, normally when a source tells a journalist about something

1:43.0

that's secret and confidential, it's designed to alert the journalists to the fact that this

1:48.4

government wrongdoing pentacon papers, Ellsberg told the New York Times, Ellsberg, of course,

...

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