Is there an official document outlining the charge or are we all operating off of what the media sketches together? The assumption has been that it was solely about Plame and then when Fitzgerald subpoenaed the NYT telephone records, it was concluded that the investigation had expanded. LINK
I have found no evidence whatsoever that the cases have been merged. The fact that Juith Miller is a party in both in interesting, but doesn't cause the two cases to combine in any way.
The request from Fitzgerald to the NYT for telephone records, in the Holy Land case, was sent in August, 2002 (p16 of Sweet's opinion) and has been fought since then. The opinion of Judge Sweet is loaded with facts relating to that case, as well as legal arguments on both sides of compelling disclosure of confidential source evidence from a reporter.
The Plame case is a special prosecutor with a specific charge of finding whether or not (and if so, who) leaked the identity of a covert government agent, Valeri Plame. That inquiry does not overlap the Holy Land investigation.
From the link you provided ...
Fitzgerald's subpoenas to the four reporters in the CIA leak probe did not have to be approved by the Justice Department because, in that matter, he is acting in his capacity as a special counsel.
Timeline of the Holy Land Foundation records review ...
Forward a year or so, and the reporters are refusing to testify, and behind the scenes the smae media that was pointing fingers argues that no crime has been committed.
See also The Wilson-Plame-Novak-Rove Blame Game - FactCheck.org. It's good for links to reference material, but as alsways, do not trust their parpahrase, analysis or conclusions.
There is an official document. The press does its level best to not cite to the record, since that makes it too easy to find their stupidity and misinformation.
On December 30, 2003, Deputy Attorney General James B. Comey, acting in his capacity as Acting Attorney General, appointed Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, as Special Counsel to investigate the alleged unauthorized disclosure of a CIA employee's identity. Special Counsel Fitzgerald's delegation reads as follows:See also http://news.findlaw.com/hdocs/docs/doj/comey123003doj-pconf.html, Comey's press conference of December 30, 2003, wehre he announced his decision to appoint Fitzgerald, and took questions from the press. That gives a good sense of the mind-set of the press at the time."By the authority vested in the Attorney General by law, including 28 U.S.C. 509, 510, and 515, and in my capacity as Acting Attorney General pursuant to 28 U.S.C. 508, I hereby delegate to you all the authority of the Attorney General with respect to the Department's investigation into the alleged unauthorized disclosure of a CIA employee's identity, and I direct you to exercise that authority as Special Counsel independent of the supervision or control of any officer of the Department." [3]
In February 2004, Acting Attorney General Comey clarified Special Counsel Fitzgerald's delegation of authority to state that the authority previously delegated to him is plenary. It also states, "Further, my conferral on you of the title of Special Counsel' in this matter should not be misunderstood to suggest that your position and authorities are defined and limited by 28 CFR Part 600." [4] ...
[3] Letter from James B. Comey, Acting Attorney General, to Patrick J. Fitzgerald, United States Attorney, Dec. 30, 2003.
[4] Letter from James B. Comey, Acting Attorney General, to Patrick J. Fitzgerald, United States Attorney, Feb. 6, 2004. The Department of Justice adopted 28 C.F.R. Part 600 (64 Fed. Reg. 37038, July 9, 1999), to replace the procedures of the expired Independent Counsel Reauthorization Act of 1994. While the Part 600 procedures provide that a Special Counsel appointed by the Attorney General (or in cases when the Attorney General is recused, by the Acting Attorney General) is to be selected from outside the government, the delegation clearly states that Special Counsel Fitzgerald is not a Special Counsel whose appointment is subject to Part 600.