The federal prosecutor who has served at least four reporters with grand jury subpoenas in his investigation into the disclosure of an undercover CIA officer's identity is now pursuing a second leak case in which he has obtained a subpoena for New York Times reporters' telephone records.
Chicago U.S. Attorney Patrick J. Fitzgerald, who is also acting as a special prosecutor in the CIA leak probe, informed the Times by letter last week that his office has subpoenaed telephone company records. The move is part of an effort to determine whether anyone in the government told Times reporters of planned federal asset seizures in December 2001 at the offices of an Islamic charity suspected of providing funding to al Qaeda, according to several sources familiar with the case.
The FBI believes that a call from a reporter to a representative of the charity, the Illinois-based Global Relief Foundation, may have led to the destruction of documents there the night before the government's raid, according to findings by the Sept. 11 commission.
The subpoena seeks the phone records of two Times reporters, Philip Shenon and Judith Miller, according to the sources. Officials at the Times and in Fitzgerald's office refused to comment.
http://www.washingtonpost.com/wp-dyn/articles/A9890-2004Sep9.html