New York Times News Service
Published January 20, 2005
NEW YORK -- A federal prosecutor argued Wednesday that the government should be allowed to examine the telephone records of two New York Times reporters to identify their sources for articles about Islamic charities.
"We want to find out who leaked national security information," prosecutor Patrick Fitzgerald said in a federal court hearing in New York.
Floyd Abrams, a lawyer for the reporters, Judith Miller and Philip Shenon, said the records Fitzgerald wants contain information about "dozens and dozens" of confidential sources the reporters consulted in the fall of 2001. He argued that allowing prosecutors to inspect the records would ultimately affect the flow of information to the public.
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Miller is involved in an unrelated case involving confidential sources. A federal judge in Washington has ordered her jailed for refusing to name her sources to a grand jury investigating the disclosure of the identity of covert CIA officer Valerie Plame. Fitzgerald is the prosecutor in both cases.
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On Wednesday, Fitzgerald was acting in his usual capacity as the U.S. attorney in Chicago. He said he was investigating the disclosure in 2001 of impending government actions against two Islamic charities, Holy Land Foundation of Texas and Global Relief Foundation in Bridgeview, Ill. Before the assets of the charities were blocked and their offices raided, Fitzgerald said, a Times reporter called each charity for comment, alerting them to the coming actions.
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