[cyncooper]

I will post some background links and excerpts on this story shortly. I expect Fitzgerald will appeal this long awaited decision.

[cyncooper]

Finally the judge has ruled in the other Fitzgerald grand jury. He has said Fitzgerald cannot get those phone records.

[cyncooper]

Some background (from WaPo so just snippets):

Reporters' Files Subpoenaed

September 10, 2004

excerpts;

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.

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.

~snip~

So who leaked to these reporters that this raid was going down? It took place in December 2001.

[cyncooper]

PING

[AndyTheBear]

The New York Times has a First Amendment privilege to protect the confidentiality of its sources by denying the government phone records in certain instances.

Is this description of the ruling really accurate? Did the judge actually rule the reporters had a special protection the rest of us don't have? If so, can Freepers or bloggers qualify as reporters if the post enough articles?

[jriemer]

Here's another choice quote from the article:

The Dec. 14, 2001, raid was not unexpected, and the newspaper had reported on Oct. 1, 2001, that the organization was suspected of providing money and support to terrorist operations, the Times had said in its lawsuit. It added that neither Shenon nor the Times reported on the raid until after it occurred.

Since GRF was engaged in supporting terrorism and other illegal activities, Global Relief Foundation should have expected a raid at anytime from the FBI regardless of any helpful "heads-up" provided from NYT reports.
No harm, no foul.

[MizSterious]

Thanks for the ping. Surely this will be reversed on appeal?

[NormsRevenge]

A Carter appointee,, 83 years old, time for this one to go home.

http://www.fjc.gov/servlet/uGetInfo?jid=2324

Judges of the United States Courts Sweet, Robert Workman

Born 1922 in Yonkers, NY

Federal Judicial Service:
U. S. District Court, Southern District of New York
Nominated by Jimmy Carter on February 17, 1978, to a seat vacated by Inzer B. Wyatt; Confirmed by the Senate on April 25, 1978, and received commission on April 28, 1978. Assumed senior status on March 1, 1991.

Education:
Yale University, B.A., 1944

Yale Law School, LL.B., 1948

Professional Career:
U.S. Navy Lieutenant (j.g.), 1943-1946
Private practice, New York City, 1948-1953
Assistant U.S. attorney, Southern District of New York, 1953-1955
Private practice, New York City, 1955-1965
Counsel, New York State Interdepartmental Task Force on Youth and Juvenile Delinquency, 1958
Executive assistant to the mayor, New York City, 1966
Deputy mayor, New York City, 1966-1969
Private practice, New York City, 1970-1978
Consultant, Association for a Better New York, New York City, 1970-1975
Hearing officer, New York Transit Authority, Brooklyn, New York, 1975-1977