Fox’s Shannon Bream Updates Us on the Unprecedented SCOTUS Breach

BUCK: We’re joined by Shannon Bream right now, Fox News’ Supreme Court legal analyst. Shannon, thanks so much for making some time for us today.

BREAM: Great to be with you always, Buck.

BUCK: So let’s start with how big of a breach of the system and of trust is this, from within the Supreme Court? ‘Cause only a few people have access to this.

BREAM: It’s exceptional. I mean, it is really devastating to the integrity of the court, you know, we finally have the chief justice weigh in, and you can see from his statement he wants to make clear that this court is gonna go about its business. He very rarely puts out a statement, but he always does with the flavor of it that we’re not gonna be stopped from doing what we do.

We’re not gonna be intimated or harassed. We’re gonna keep on with that. But he also added at the end, like, listen, I’ve asked the marshals to start this week investigation, and I think it will be the highest priority for him to get answers on exactly how this happened. It is exceptionally unusual for this to happen in D.C. where everything leaks just about, except for the Supreme Court until last night.

BUCK: Now, I saw Chief Justice Roberts put out the statement calling for not just the investigation, but assigning the marshal of the Supreme Court to investigate this or run an investigation of it. Is there a…? What could be the consequences here for the leaker? Is there a criminal statue that’s at play or would it only be professional sanction – say, disbarment — that would be involved here if we do find out who leaked this?

BREAM: Gosh. I’ve seen a ton of discussion about this. Is there…? Because it’s such a rare exceptional case, is there a criminal penalty, is this, as you said, gonna be an ethical or moral situation? I think the person’s absolutely gonna get fired; if they’re a lawyer, I think disbarment is in their future but there’s really not a consensus on whether or not this is a crime.

Now, listen, if it was a hack, if somebody hacked into the system over there, that’s a different situation than, say, somebody took a hard copy and snuck it out and violated every, you know, personnel agreement they had over there. You know, there are those out there saying there is a possible waive of criminal liability that could come with this based on how documents were obtained.

So I think until we get to the bottom of that we just don’t know. I think it is professional suicide for somebody to have done this. But, you know, the left is cheering. We see that tweets and people out there who are saying like, “Bravo to this person” who decided to essentially the burn the place down. So that makes me think I wouldn’t be surprised if this person maybe ousts themselves at some point and becomes some sort of a hero at the left.

BUCK: Yes. Oh, I think they may be disbarred and then get a big contract for a book. I think that the left will take care of this zealot and the treachery involved here will be rewarded, just maybe not for a little while. We’re speaking to Shannon Bream, Fox News’ chief legal analyst for the Supreme Court. Shannon, now where does this go?

Because even trying to just discuss the news today, analyze this, work through it, on the one hand there’s a sense — I mean, if you listen to people who work at Planned Parenthood or Joe Biden, the Democrats — that Roe is probably gone, but it’s not gone yet. Clearly there is the possibility this was meant to be pressure from the outside now with the leak to try to change the 5-4 decision in the other direction.

So how does that…? Do we know? To me, it seems pretty obvious. I think your friend and colleague Andy McCarthy even tweeted this out, our friend Andy McCarthy tweeted this out, that they should put the decision out right away now, that letting this linger is a terrible idea. Do we know how that’s gonna go?

BREAM: Well, I mean, I thought it was interesting the chief said in his statement today that will not affect the way that we do our work here at the court. It’s a very methodical process. That opinion that now has been verified by the court it was an actual draft out in early February works its way around, and then people can write their dissents or decide to write a concurrence to that.

It’s a very long process and in something of this import, it is going to be handled very delicately. There are those who say, “Yeah, we need to get this out now because the conservative justices who are planning to sign on to or have signed on and have not changed their votes will see.” They feel that there is a threat to those people right now and it’s not a safe situation for them.

But I also think that there’s no way if the chief thinks this thing is, you know, not ready for prime time that it’s gonna be thrown together patchwork and thrown out. It’s just too important of a decision for that. I think probably he said, “Okay, it is time. Let’s get these dissents and concurrences done. Clear your schedules. Anything else you’re working on ’cause this has gotta get out the door.”

That said, he’s not gonna rush something he doesn’t think is a finished product. But I think we’re gonna get that opinion earlier than we would have, which would probably have been late June. It’s sort of like Justice Breyer’s retirement that leaked, that sped that process up quite a bit. There have been a lot of leaks from the court this year.

And you think about Mask Gate when we were told that, you know, Justice Sotomayor had asked everybody to wear a mask and Justice Gorsuch has refused and there was this big fight — and I quickly found out that was not true. Then we suddenly get these statements from Justices Gorsuch and Sotomayor, and then the chief justice as well. So this has not been a fun term for him or any of those justices over there who I think all of them desperately care about the integrity of the court.

BUCK: Shannon, to that end about the integrity of the court, do you think that there’s any realistic possibility that they will somehow flip the number between now and when it’s official, or do you think it’s recognized by all within the court, all nine justices that, were that to happen, the credibility of the institution itself would be in tatters? But given the stakes with this issue, I’m just wondering, do you think in the back of your mind, is that possible? Could we actually have a different outcome here than what the draft indicates?

BREAM: Well, we could only because that could have changed in the last two months as they send these drafts back and forth. The votes could have changed, the language of the opinion could have changed at some point for sure. That’s what happens with the drafts. But if there were five people at least if you think it was… It was labeled, you know, opinion of the court which means it was the majority.

There were five votes standpoint, I think if those people are standing by, they had voted, if anything, this would toughen their resolve would be my guess. But they don’t want to any of them, liberals or conservatives over there on the court — and they don’t even like to be classified as such. But I don’t think any of them want to look like they can be bullied or that they can be harassed in a way that changes their vote.

Think about the impact of that. So, if anything, I think you’ve, probably, solidified those who were going to vote conservatively on this. If those five still hang together, I think after the publication of this draft they’re gonna be even more resolute about doing that and putting their names on it.

BUCK: Speaking to Shannon Bream, Fox News’ Supreme Court legal analyst. Shannon, I got ask, “Do you think that there’s a chance here that this could push some major political shift?” I know we’re kind of stepping a little bit away from the legal side of it but now you’re hearing Joe Biden saying, well, there should be a legislative codification of the rights in Roe and in Planned Parenthood v. Casey. ‘Cause what do you believe the purpose was of the leak?

BREAM: Well, that’s the thing. If you think that the leading theory is that was this to change the outcome or change votes or put public pressure on the court or specific justices, then all of that would make sense. We already have politicians out there saying, “Well, of course it’s time to blow up the filibuster,” and we heard that in the past about, you know, different packages and things they were trying to get passed on the Hill.

Senator Manchin and Senator Sinema were very clear they weren’t on board with that but already those sound bites are now flowing today saying, “We’ve gotta do this. We’ve gotta the blow up the filibuster so we can codify Roe at the federal level.” I also just got a press release about packing the court or adding seats to the court. So all of those political drumbeats are very quickly following on the heels of this leak.

BUCK: Shannon Bream of Fox News. Shannon, always appreciate your perspective and expertise. Thanks for being with us.

BREAM: Good to be with you, Buck.