Leak and Lose Act of 2023 This bill establishes federal criminal offenses for acts involving the concealment, removal, or destruction of an opinion or draft opinion of the Supreme Court before it is published. Specifically, the bill prohibits the willful and unlawful (1) concealment, removal, mutilation, obliteration, or destruction of an opinion or draft opinion; (2) attempt to conceal, remove, mutilate, obliterate, or destroy an opinion or draft opinion; and (3) taking or carrying away (including electronically) of an opinion or draft opinion with the intent to conceal, remove, mutilate, obliterate, or destroy. An individual who violates the prohibition is subject to a $5,000 fine and, if applicable, the permanent forfeiture of his or her admission to federal courts for the practice of law.
The introduction of this bill has the potential to significantly alter the legal landscape regarding the handling of Supreme Court opinions and draft opinions. By establishing clear criminal liabilities, it reinforces the importance of transparency within judicial processes and seeks to prevent unauthorized disclosures that could undermine public trust in the judicial system. The language of the bill indicates a strict approach to safeguarding the integrity of Supreme Court communications, emphasizing that anyone attempting to remove or destroy crucial judicial documents may face serious legal repercussions.
House Bill 441, also known as the 'Leak and Lose Act of 2023', seeks to establish federal criminal offenses related to the unauthorized concealment, removal, or destruction of Supreme Court opinions or draft opinions before their official publication. The bill aims to amend Title 18 of the United States Code by introducing significant penalties for individuals who willfully and unlawfully engage in such acts. Specifically, it includes fines of up to $5,000, as well as the potential for permanent disqualification from practicing law before federal courts for those found guilty of these offenses.
While the bill may bolster the integrity and confidentiality of Supreme Court operations, it has also sparked discussions regarding the balance between transparency and accountability within the judiciary. Proponents argue that it is necessary to protect the judicial process from leaks that could distort public understanding or influence legal outcomes. Conversely, critics might suggest that such strict penalties could lead to chilling effects on the free flow of information and potentially impede whistleblowing on judicial misconduct if individuals fear severe consequences for disclosure.