After the "bizarre" and "unprofessional" Supreme Court leak on a landmark abortion ruling, former federal prosecutor Victoria Toensing on Newsmax called for all justices' law clerks to take lie-detector tests.
"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," Toensing told Tuesday's "National Report."
"This is 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.
"But I would think it would be in law clerks, because this court has gone on for so long with nary a leak, and the law clerks are the only newcomers to the institution."
Toensing's husband, Joe diGenova, said it's not surprising the Supreme Court was ready to overrule the long-standing precedent of Roe v. Wade on abortion, because "it's some of the worst jurisprudence in the history of the court."
"If you're an honest lawyer, you can say that no matter how you feel about abortion rights," Toensing said. "Lawyers have been saying this for decades: The Supreme Court actually wrote legislation."
Confirming the draft leak was "authentic" but not a "final position," and calling it an "egregious breach of trust," Chief Justice John Robert ordered an investigation by the "Marshal of the Court into the source of the leak," but diGenova noted that the FBI can get involved, too.
"The leak was designed to affect the 2022 elections – that's what this is all about," diGenova said. "That's why it is a political act to leak this document – this unprecedented, really disgraceful abuse of the confidence that's placed in clerks and court staff.
"There's no doubt that somebody on the court, probably a clerk for a liberal justice, did this. "We need to find out who it was. That person needs to be removed from the court."
And disbarred, Toensing added.
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