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Can The Government Subpoena Reporter's Telephone Records?

We're not done with Judith Miller yet.  Some time ago while she was employed, the former New York Times reporter fielded a request from the government to turn over her phone records as a part of its investigation of leaks surrounding her reporting on the Global Relief Foundation, an Islamic charity accused of funding terrorism, as well as those of another Islamic charity, the Holy Land Foundation.

The NYT sued to protect the records and the Second Circuit held arguments today.  According to this AP article, NYT attorney Floyd Abrams argued, "Telephone records are the extension of the journalist herself. Telephone records are the embodiment of the speech of the journalist and require the same protection."

The government lawyer argued that the records were necessary to investigate leaks surrounding the alleged terrorist charities.  In the lower court, the judge denied the government access.  Stay tuned on this one, MIPTC will follow up once the appellate court issues its decision. 


Posted by J. Craig Williams on Monday, February 13, 2006

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