Should the journalists be compelled to disclose who leaked SCOTUS opinion?
The Dershow
Alan Dershowitz | Kast Media
4.4 • 1.9K Ratings
🗓️ 24 January 2023
⏱️ 30 minutes
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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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