You know, the one from almost 5 YEARS AGO, the one where Judy tipped Islamist fundraisers of an imminent FBI raid?!
The case involved stories written in 2001 by Times reporters Judith Miller and Philip Shenon that revealed the government's plans to freeze the assets of two Islamic charities, the Holy Land Foundation and the Global Relief Foundation
And how it could affect the Bush/ Rove leak:
Federal prosecutors investigating a leak about a terrorism-funding probe can see the phone records of two New York Times reporters, a federal appeals court ruled Tuesday. [snip]
The newspaper sued to block any such effort, saying prosecutors might use the records to fish for information about the Times' sources for a long list of stories.
Such as Libby or Rove calls to Judy?
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More:
A federal appeals court yesterday granted the government access to newsroom phone records as part of an investigation into how two Islamic charities were tipped off to impending FBI raids. [snip]
The disclosure of those records would reveal the identity of dozens of confidential sources, both reporters say in affidavits.
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The court's opinion:
"The government has a compelling interest in maintaining the secrecy of imminent asset freezes or searches lest the targets be informed and spirit away those assets or incriminating evidence," Judge Ralph Winter Jr. wrote. "At stake in the present investigation, therefore, is not only the important principle of secrecy regarding imminent law enforcement actions but also a set of facts -- informing the targets of those impending actions -- that may constitute a serious obstruction of justice."
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I still have faith in Fitz. He is slow as Fitzmas though...