N.Y. Times Must Surrender Reporters' Phone Data (Appellate panel rejects First Amendment claim)

Washington Post ^ | 8/2/06 | Charles Lane

[blitzgig]

The New York Times may not withhold reporters' phone records from a federal grand jury investigating an alleged leak of a pending government raid on two Islamic charities suspected of supporting terrorism, a federal appeals court ruled yesterday.

A three-judge panel of the New York-based U.S. Court of Appeals for the 2nd Circuit ruled 2 to 1 that the Times has no First Amendment or other legal right to refuse a demand for the records from the grand jury in Chicago, which was empaneled by U.S. Attorney Patrick J. Fitzgerald.

The government's interest in rooting out a possible crime outweighs the newspaper's interest in protecting reporters' sources, the court concluded.

"The government has a compelling interest in maintaining the secrecy of imminent asset freezes or searches lest the targets be informed and spirit away those assets or incriminating evidence," Judge Ralph K. Winter Jr. wrote. "At stake in the present investigation, therefore, is not only the important principle of secrecy regarding imminent law enforcement actions but also a set of facts -- informing the targets of those impending actions -- that may constitute a serious obstruction of justice."

[rightazrain]

". . . which was empaneled by U.S. Attorney Patrick J. Fitzgerald."

A tables-turned Merry Fitzmas after all?

[johnny7]

Pinch Sulzberger's... Bizzaro Fitzmas

[Suzy Quzy]

OMG!! Reporters aren't PRIVILEGED??? Oh the HUMANITY!!!

[skinkinthegrass]

". . . which was empaneled by U.S. Attorney Patrick J. Fitzgerald."
A tables-turned Merry Fitzmas after all?

hehehe.....Oh! What a tangled web, the 'Rats weave....and the 'Rats roaches (and their terrorist allies) scurrying for cover.

[Hydroshock]

GOOD!!!!

[uncbob]

Where in the Constitution does it say a newspaper has a right not to reveal its sources

[raygun]

Woah. "may constitute a serious obstruction of justice" I hope YouNorkSlimes get their pee-pee's wacked but HARD! And not just wacked but bruised, and by something that'll leave a mark.

[VOA]

N.Y. Times Must Surrender Reporters' Phone Data

Time to cross reference the numbers with Zarqawis phone directory!

[finnman69]

The real meaning of Fitzmas.

[winner3000]

Nothing will get the population more ready to accept fascism than liberals' abuse of their freedoms and privileges.

[Cementjungle]

Why would the Feds need their phone data, since they already have transcripts of every American's every phone conversation in Rove's spy database!?!

[Terabitten]

informing the targets of those impending actions -- that may constitute a serious obstruction of justice."

About damn time somebody said it.

Hey MSM - how 'bout rooting for OUR side for a change?

[Fedora]

Thanks for the ping!

[Cindy]

Good.
Let's find the leaker(s) now.

[Velveeta]

bump