Posted on 12/02/2004 4:18:07 AM PST by Snapple
The federal prosecutor who has served at least four reporters with grand jury subpoenas in his investigation into the disclosure of an undercover CIA officer's identity is now pursuing a second leak case in which he has obtained a subpoena for New York Times reporters' telephone records.
(Excerpt) Read more at washingtonpost.com ...
My comment: maybe this is what it is, or maybe it is an attempt to intimidate journalists. Keep an open mind.
"The FBI believes that a call from a reporter to a representative of the charity, the Illinois-based Global Relief Foundation, may have led to the destruction of documents there the night before the government's raid, according to findings by the Sept. 11 commission." WP
"...maybe it is an attempt to intimidate journalists"
Or maybe the whole thing was a set up by the Times. We'll see.
The alleged story is that Judith Miller of the NY Times tipped off an islamic group that was about to get a looksie from the feds.
Hummm, this started out as an investigation to find out who talked about Phlame (sp wrong and I don't care). Now there is talk about who called a Islamofascists money pit and gave a heads up on a raid. Sounds like they are on the track of a CIA mole, that loves to talk to the NYT'S.
Hey Shermy.....the Plame investigation has morphed into a mole hunt..
By the way, have you heard anything about Sandy Berger? That investigation was still open the last I heard. I am beginning to wonder if rather than taking documents on terrorism, he was removing evidence about Clinton's connection to the Oil for Food scandal.
If there is, I hope they find him/her. And that they spend a few years making little rocks out of big rocks...
To weird that both investigations are connected. Looks like her hubby blew it....wide open.
The name of the lawyer for the Muslim charity being investigated, Global Relief, is Roger Simmons. He stated that "Phil Shenon of the New York Times said one of his colleagues had been told GRF would be frozen the next day."
This is his law firm http://www.gordonsimmons.com/news.asp
He has his side of it posted there.His law firm is in Maryland and he is a name partner.
Here is a quote by him in the Washington Post about the raid on his client:
Roger Simmons, an attorney for Global Relief, said documents "weren't being destroyed, but I understand why they thought so." He said the charity's public relations director received a call the evening of Dec. 13, 2001, from a Times reporter. "He said Phil Shenon of the New York Times said one of his colleagues had been told GRF would be frozen the next day," Simmons said. He added: "I think the Times reporter was looking for the first reaction even before the story had broken."
http://www.washingtonpost.com/ac2/wp-dyn/A9890-2004Sep9?language=printer
That Judith Miller tipped Global Relief to an impending raid has not been alleged by the special prosecutor,
Chicago U.S. Attorney Patrick J. Fitzgerald. Be careful with the facts on this story as much as possible. Try to notice what people say on the record and what "facts" are leaks.
So far Fitzgerald just wants the phone records, ACCORDING TO THE SOURCES--ie these are leaks.
"The subpoena seeks the phone records of two Times reporters, Philip Shenon and Judith Miller, according to the sources. Officials at the Times and in Fitzgerald's office REFUSED TO COMMENT."
http://www.washingtonpost.com/ac2/wp-dyn/A9890-2004Sep9?language=printer
Has anyone seen this supoena or a confirmation from Fitzgerald?
It is Roger Simmons, the Maryland Lawyer for the Muslim charity called Global Relief, who claims that his client was tipped off by the NYT reporter Philip Shenon. I thought it was odd that he would volunteer who tipped his client off and get the tipster (supposedly Shenon) in trouble:
[Simmons] "said the charity's public relations director received a call the evening of Dec. 13, 2001, from a Times reporter. "He said Phil Shenon of the New York Times said one of his colleagues had been told GRF would be frozen the next day," Simmons said. He added: "I think the Times reporter was looking for the first reaction even before the story had broken." WP
Be very, very, careful to notice who is speaking here and what "facts" are leaks.
I have posted about the lawyer for Global Relief, Roger Simmons, above this post. I linked his Maryland law office. See what he says, but remember he may have an agenda since he represents Global Relief.
The Global Relief lawyer, Roger Simmons, doesn't say that he had ever heard of either of the NYT writers before he was supposedly called by Philip Shenon. He claims that Shenon was probably "trying to get a reaction."
That seems a sort of weak reason for tipping off a charity that is SUPPOSEDLY being investigated as a conduit for Al Qaeda money. If I had inside information like that I would not tell an organization that was suspected of ties to Al Qaeda. It is hard to believe any loyal American--even a reporter-- would do that just for "a reaction."
I kind of wondered if this lawyer had had any previous contacts with either Philip Shenon or Judith Miller.
Why would a reporter do this charity such a favor for "a reaction"? They would look very unpatriotic to leak information possibly to Al Qaeda.
Judith Miller was a huge booster of the war with Iraq, and wrote all about the Weapons of mass destruction that have (so far)not been found. When no weapons were found, this made her a big pariah with the news media who depicted her as too pro-Bush. But now that she is being picked on by the special presecutor she is being defended by the media for standing up for the First Amendment. That's quite a turn-around. This special prosecutor did her bad reputation with the media a big favor.
Personally, if a government official gives classified law inforcement information to a reporter, then the reporter is witnessing a crime, because the official is breaking the law.
There was a court ruling in the 1970s that said that a reporter has no right to keep his sources confidental if he is called to testify before a grand jury in a federal case.
Read what I posted on this link.
Another thing I wonder about is this. Does the lawyer for Global Relief, Roger Simmons, get access to secrets of the grand jury if his clients have to testify?
I think that we should focus on this Roger Simmons a little. Here again is a link to his Maryland law firm
http://www.gordonsimmons.com/news.asp
As I noted previously, Roger Simmons said, "Phil Shenon of the New York Times said one of his colleagues had been told GRF would be frozen the next day." [WP cited above]
Why would this lawyer "out" the guy who gave him the heads-up? That was not, on the face of it, very nice.
Roger Simmons also hinted that Philip Shenon was not the real source, but that "one of his colleagues" was the source.
One might infer that Philip Shenon's collegue was Judith Miller. That is what appears to be going on.
People's motives here don't make a lot of sense to me on the face of it.
Why would an American reporter tip-off a Muslim charity that they were being investigated for Al Qaeda links?
Just for a reaction? Just for a story? I guess I don't buy that. You might look like a traitor if you are tipping off what might be an Al Qaeda financeer.
Why would the charity's lawyer tell the newspapers the name of the reporter who gave him the heads-up and subject Philip Shenon to a federal investigation?
It seems peculiar that a Muslim charity would resurrect the journalistic reputation of Judith Miller, who was a big booster of the war with Iraq and who was embarrassed when no WMD were found.
By her name, Judith Miller may possibly even be Jewish. It is hard to see that a Jewish person would be tipping off a Muslim charity that is suspected of funding Al Qaeda. Well, it is hard to see why any American would tip them off and resk the destruction of evidence that could help our government destroy Al Qaeda.
Do some people/lawyers who end up involved in grand juries get access to classified information? If so, might people instigate a grand jury as a way of learning intelligence information?
Well, I don't know.
IF Philip Shenon DID Global Relief, was this the only time he or possibly Judith Miller had communicated with Global Relief? Do either of them have any previous relationship with Global Relief or the lawyer Roger Simmons?
As I say, non of this makes sense on the surface to me.
Correct previous post to read DID CALL Global Relief
No. I don't think Dan Rather would leak an FBI investigation to the subject of the investigation--especially if Al Qaeda were possibly involved.
Think harder.
I want to point out that Roger Simmons does not say that he talked to the Reporter Philip Shenon. He claims that the Public Relations Director for Global Relief talked to Philip Shenon:
Roger Simmons, an attorney for Global Relief, said documents "weren't being destroyed, but I understand why they thought so." [Shenon] SAID the charity's PUBLIC RELATIONS DIRECTOR received a call the evening of Dec. 13, 2001, from a Times reporter. "He said Phil Shenon of the New York Times said one of his colleagues had been told GRF would be frozen the next day," Simmons said. He added: "I think the Times reporter was looking for the first reaction even before the story had broken."
http://www.washingtonpost.com/ac2/wp-dyn/A9890-2004Sep9?language=printer
I want to point out that the only evidence in the public domain that Shenon called Global Relief is the allegation of Global Relief's Public Relations Director.
Roger Simmons claims that Shenon called Global Relief's [unnamed] Public Relations Director.
The lawyer for Global Relief, Roger Simmons, also claims that Shenon volunteered that "one of his collegues had been told that GRF would be frozen the next day."
Why would Shenon tell the GRF that a collegue knew this?
Why would the lawyer for GRS, Roger Simmons, make a special point of saying that. It seems like he was trying to involve this other person.
Folks at Free Republic really like to bash the Washington Post, but I think they gave us a lot of good information on this story. The writer is clear about the sources and gets what both sides say.
In another article on the internet, Judith Miller complains that fighting this subpoena is taking a lot of her time away from work. Boo Hoo! Boo Hoo! I should lead such a glamorous life in the limelight! Nail me up on that cross, too.
Judith Miller never wrote about the Plame leak, but she may go to jail because she refused to testify about who told her Plame was a CIA operative. Don't Ya kinda wonder how they knew she knew if she didn't even write about it? Thank about that for a minute. Maybe she told someone who did write about it? Maybe she told Roert Novak? Who knows?
Judith Miller's NYT collegue Philip Shenon allegedly tipped a Muslim charity because he had information from a fellow-reporter, and Judith got subpoened about that, too. On the surface it seems like the special prosecutor is picking on her a lot.
On the other hand, it seems to me that Global Relief's lawyer Roger Simmons did her damaged reputation a huge favor. I don't know, but maybe this is no accident. Maybe this lawyer actually wanted to help her reputation. But I am only speculating based on the larger context of Judith Miller's chequered career.
Judith Miller had written a lot of famous articles in the New York Times about weapons of mass destruction. She even won a Pulitzer Prize one time I think. Then the weapons never materialized and other writers claimed her sources were big liars. She was said to be tight with the "neocons" who are accused of inspiring the War in Iraq.
When the WMD were not found, all the reporters were trashing Judith Miller until her knight in shining armor, Roger Simmons, rode up and saved the day.
Now Judith Miller is a big martyr to some in the media because she is supposedly standing up for the First Amendment by refusing to talk. So to me it seems that Roger Simmons did her a huge favor. Maybe this was accidental, or maybe this was on purpose.
As for the First Amendment, there is no protection for journalists from a federal grand jury. There was a case in the 1970s that decided this. If a government employee gives away classified information it may be a crime if it isn't cleared at a high level. The journalist who hears the classified information is a witness to a crime.
Citizens have to testify when they are called to a Grand Jury to testify about a crime. Why should writers get a pass? I mean, if I sit here blogging away in my nightie, aren't I a writer? I have published some things in newspapers and magazines, actually. So am I exempt from a Grand Jury subpoena? Come the Internet Revolution, we are all writers and reporters! We are all entitled to martyrdom!
But let's back off from the barracades just long enough to notice this fact about journalists and grand juries. Judges hardly ever put reporters in jail. These spectacles are tempests in teapots, not show-trials with on-way tickets to the GuLag.
The reporters are considered honorable when they don't tell about a crime they witnessed. They are OUR HEROES! And the government looks like storm troopers when they threaten reporters.
Of course, you've got to wonder what kind of hero would run to suspects in a terrorist probe about what the law is up to.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.