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.
Ms. Miller tipped off the islamic charity, thereby allowing them to shred evidence.
A few Rat Senators and House members etc. are going to need emergency laundry service.
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.
5 years ago.
It's been a long time coming. I am so very happy at this moment.
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.
I guess this is our "Fitzmas"
Someone at the NYSlimes had a conversation with Rockefeller.
Happy Fitzmas,
I'm smiling from ear to ear. This is gonna be fun.
Or with "leaky" Leahy. I hope they find out who did this and prosecute them all the way.
Ping to good news
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?.
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
Excellent! Is this decision appealable?
The new New York Times motto: "Your right to know supersedes your right to exist."
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