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Court OK's Look at Times' Phone Records
Las Vegas Sun ^ | August 01, 2006 | DAVID B. CARUSO

Posted on 08/01/2006 12:25:15 PM PDT by Not gonna take it anymore

NEW YORK (AP) - A federal appeals court on Tuesday ruled that federal prosecutors investigating a leak about a terrorism funding probe can see the phone records of two New York Times reporters.

A panel of the 2nd U.S. Circuit Court of Appeals held in a 2-1 vote that prosecutors had a valid interest in seeing who had contacted the reporters.

"We see no danger to a free press in so holding," Judge Ralph K. Winter wrote for the majority.

The case involved stories written in 2001 by Times reporters Judith Miller and Philip Shenon that revealed that the government planned to freeze the assets and search the offices of two Islamic charities, the Holy Land Foundation and Global Relief Foundation.

U.S. Attorney Patrick Fitzgerald then opened a grand jury probe into the source of the newspaper reports, claiming the reporters' phone calls to the charities seeking comment had tipped them off about the investigation.

When the paper declined to identify its sources, Fitzgerald threatened to subpoena Times billing records from the phone company. The newspaper then filed a lawsuit seeking to block any such effort.

In February 2005, the newspaper appeared to achieve a victory when U.S. District Judge Robert Sweet ruled that the government had failed to prove that it had exhausted all other methods before resorting to the demand for phone records.

The 2nd Circuit panel disagreed.

"No grand jury can make an informed decision to pursue the investigation further, much less to indict or not indict, without the reporters' evidence," Winter wrote.


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: judithmiller; leaks; nyt; phonerecords; ruling; shenon
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Whooo hooo!
1 posted on 08/01/2006 12:25:16 PM PDT by Not gonna take it anymore
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To: Not gonna take it anymore

Ms. Miller tipped off the islamic charity, thereby allowing them to shred evidence.


2 posted on 08/01/2006 12:26:51 PM PDT by OldFriend (I Pledge Allegiance to the Flag.....and My Heart to the Soldier Who Protects It.)
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To: Not gonna take it anymore

A few Rat Senators and House members etc. are going to need emergency laundry service.


3 posted on 08/01/2006 12:27:37 PM PDT by rod1
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To: OldFriend

a good ruling - but you know nothing will come of this. no one in the media will go to jail for this, or for any of the intelligence leaks. they are a "protected class" in this country.


4 posted on 08/01/2006 12:28:34 PM PDT by oceanview
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To: OldFriend

5 years ago.


5 posted on 08/01/2006 12:29:44 PM PDT by Jeff Chandler (Peace begins in the womb.)
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To: OldFriend

It's been a long time coming. I am so very happy at this moment.


6 posted on 08/01/2006 12:30:51 PM PDT by Not gonna take it anymore
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To: Not gonna take it anymore

There are still a lot of Clintonites abusing their power to try to discredit Bush. To think how much these people bemoaned Clinton-haters, they are 10 times worse.


7 posted on 08/01/2006 12:31:00 PM PDT by Always Right
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To: Not gonna take it anymore
"But- but- but- we're reporters! We're not like... little people. We have a job to report the news, and answer only to ourselves! You can't treat us like 'citizens.' We're special. We're above the law."
8 posted on 08/01/2006 12:33:27 PM PDT by theDentist (Qwerty ergo typo : I type, therefore I misspelll.)
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To: Not gonna take it anymore

I guess this is our "Fitzmas"


9 posted on 08/01/2006 12:35:39 PM PDT by End Times Sentinel (In Memory of my Dear Friend Henry Lee II)
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To: oceanview
Some media folks may be protected but they surely are worrying about this and other leaks regarding national security.

Someone at the NYSlimes had a conversation with Rockefeller.

10 posted on 08/01/2006 12:36:09 PM PDT by OldFriend (I Pledge Allegiance to the Flag.....and My Heart to the Soldier Who Protects It.)
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To: Owl_Eagle

Happy Fitzmas,


11 posted on 08/01/2006 12:39:30 PM PDT by Not gonna take it anymore
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To: rod1
A few Rat Senators and House members etc. are going to need emergency laundry service.

I'm smiling from ear to ear. This is gonna be fun.

12 posted on 08/01/2006 12:39:50 PM PDT by demkicker (democrats and terrorists are intimate bedfellows)
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To: OldFriend

Or with "leaky" Leahy. I hope they find out who did this and prosecute them all the way.


13 posted on 08/01/2006 12:40:26 PM PDT by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: Not gonna take it anymore
I took for flippin' ever, but that's how the left likes it. Drag it through the courts long enough, and only a few will care when it hits the fan......
14 posted on 08/01/2006 12:40:37 PM PDT by b4its2late (Liberals are as confused as a hungry baby in a topless bar.)
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To: STARWISE; ravingnutter

Ping to good news


15 posted on 08/01/2006 12:46:15 PM PDT by Peach (Prayers for Israel and all who love her.)
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To: Not gonna take it anymore
Las Vegas Sun??? Will we hear about this elsewhere? CNN?
ABC? Bueller?
16 posted on 08/01/2006 12:49:33 PM PDT by yobid (Islam is a disease and its death is the cure - deus clypus meus)
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To: Not gonna take it anymore

I don't think the phone records are going to show anything that can be of use. How to determine what was said in the conversations?.


17 posted on 08/01/2006 12:56:17 PM PDT by angelanddevil2
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To: Not gonna take it anymore

What handy timing:

9th Circuit Court Lets Hamas Fundraiser Go Free | Sweetness & Light
http://www.sweetness-light.com/archive/9th-circuit-court-lets-hamas-fundraiser-go-free


18 posted on 08/01/2006 12:56:45 PM PDT by Sam Hill
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To: Peach

Excellent! Is this decision appealable?


19 posted on 08/01/2006 1:28:15 PM PDT by STARWISE (They (Rats) think of this WOT as Bush's war, not America's war-RichardMiniter, respected OBL author)
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To: Not gonna take it anymore

The new New York Times motto: "Your right to know supersedes your right to exist."


20 posted on 08/01/2006 1:41:52 PM PDT by Ignatz (There's no place like 127.0.0.1)
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