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With the alleged Supreme Court leak dominating the news cycle, hot takes are pouring in from every angle. For Victoria Toensing though, the call to action is to polygraph Supreme Court clerks.
It isn’t currently known who leaked the draft opinion to Politico (though speculation runs rampant.) It isn’t even known if the leak itself is legitimate, but so far, it is being treated as such by just about everyone.
The leak has galvanized screaming rhetoric from both sides, with Democrats claiming that women are under attack and democracy is dying, and Republicans outraged over the idea that a leak happened at the Supreme Court, and feel it compromised the institution’s integrity, and that it is an attempt to intimidate the conservative justices into silence.
One such voice is Toensing, a conservative attorney noted for being part of former President Donald Trump’s team in challenging the 2020 election in court, who was later raided by the FBI as part of an ongoing investigation into former New York City Mayor Rudy Guiliani’s activities in Ukraine on behalf of Trump.
On Tuesday, Toensing and her husband, fellow attorney Joseph diGenova, went on Newsmax to comment on the “unprecedented” leak and speculate on the motives, such as the popular theory that it was intended to create pressure on the justices to change their vote.
Toensing then took it a step further and said the FBI needs to intervene and polygraph “every single law clerk in there,” to find out who (if it even was one of the clerks) was responsible.
“It’s bizarre and it’s so unprofessional, but this is what the Democrats do. If they don’t think they’re winning something, they just change the rules. This has never happened before in the Supreme Court, and the FBI has to go and polygraph every single law clerk in there, and if they don’t find something in the law clerks, they’ll have to go to others,” she said.
Toensing insisted that it must have been one of the justice’s clerks, due to the court’s track record of having no leaks for so long, while blaming clerks as the newcomers (though the court has had new clerks for all of its existence,) saying that “this court has gone on for so long with nary a leak, and the law clerks are the only newcomers to the institution.”
As far as calling on the FBI to intervene, Toensing isn’t alone. Laura Ingraham of Fox News came out in a fury on Monday, where she also demanded that the FBI investigate the leak, and look through every clerk’s phone.
“It’s incumbent upon [Chief Justice John Roberts] to bring in every law clerk before him or the FBI. ‘Give me your phone. We want all your accounts. We’ve got to do our own — look at every device you’ve ever used and find out who did this,’” she said.
What, if any, legal or investigative action will be taken remains pure speculation, as of writing, however.
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