Gail Curley, who was appointed Marshal of U.S. Supreme Court in less than one year ago, would have expected to be working mostly behind the scenes. She oversees the police force and manages the marble-columned building that houses the justices.
Her most prominent role was to be in courtroom where Marshal bangs a givenl and announces entry of nine justices. Her short script included “Oyez! Oyez! Oyez!
Curley received a devastating assignment earlier this month. He was responsible for overseeing a shocking breach of Supreme Court secrecy. This included the leaked draft opinions and votes in an important abortion case. Politico has learned that leaked documents suggest that the court is ready to repeal Roe v. Wade’s 1973 decision that states that abortion is legal for women. Protests, demonstrations at the court and fears about violence after the court’s final decision have prompted protests and 24-hour security at justices homes.
People who knew Curley 53 years ago described him as a former Army colonel, military lawyer, and possessing the right temperament to handle a highly charged leak investigation: intelligent, private, apolitical, and unlikely to be intimidated.
Retired Army Brig. said, “I’m sure that if there’s the truth here, she will find it out and present this in an impartial manner.” Her last military assignment before the Supreme Court was that of Gen. Patrick Huston, her Pentagon direct supervisor. Huston stated that he was impressed by Curley, and that she had a great reputation as a leader. However, he did not know if Curley had a spouse or children.
Curley declined to answer a request for interviews through a court spokesperson. Curley is the 11th Marshal of the court and the second woman to hold this position. Her position in the court, created in 1867 just after the Civil War, has limited her ability to investigate. Experts believe that leaking the draft opinion wasn’t a crime and Curley has limited investigative tools. The possibility exists that she could hire an outside firm to assist her, as well as the FBI being called in for other judicial records cases. It is not clear if she, or anyone else, has the power to subpoena journalists and the less than 100 other people in the court — justices included — for material.
It doesn’t seem that there is any precedent for the investigation. The 1973 Roe case result leaked hours before it was announced. At the time, the chief justice was furious and threatened to use lie detector tests. However, the leaker quickly came forward and said it was an accident.
Curley is not new to the task of overseeing investigations, even if they are in a different setting. Huston stated that she was a regular supervisor of many attorneys and paralegals during her military career. Although she was an expert on international law and laws surrounding war, the range of investigations she managed throughout her career can be broadened to include criminal cases involving service personnel as well as contract matters. Huston said that she was “not the kind of person who would ever feel intimidated by any type of thing.”
Curley started her military career at West Point where less than 10% of her graduating class in 1991 was female. Lisa Freidel was a member of the 25-member same company as Curley. She remembered Curley as kind, serious, but also as a thoughtful person.
“She did not like the tomfoolery of some boys, some of our guys. They were young men. They do stupid things. Freidel recalled that Curley didn’t like this, and Curley “wanted intellectuals around her, people who were smart enough to challenge her.”
Curley was nicknamed “Swirlin’ Curl”, in West Point’s annual yearbook. It listed her Baltimore hometown. Freidel stated that Curley was an introvert. She never met Curley’s parents, but only an aunt and uncle. And she couldn’t recall Curley talking about siblings.
Curley’s interest in American politics and the government was a part of his school experience. This interest coincided with a West Point requirement, which required Curley to be knowledgeable about current affairs. Freidel recalled that every morning, the New York Times was delivered to cadets and they were expected to be able talk about four articles every day.