Fitz shakes hands with Judy Miller

[kpete]

AP New York
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NY court to scrutinize ruling protecting reporters' phone records

By LARRY NEUMEISTER
Associated Press Writer

February 13, 2006, 5:46 PM EST


NEW YORK -- A federal appeals court on Monday said it would carefully review the reasoning of a lower court judge who ruled that the government could not get the telephone records of reporters from third parties such as phone companies.

Judge Robert D. Sack, of the 2nd U.S. Circuit Court of Appeals, said the February 2005 ruling by U.S. District Judge Robert Sweet merited a serious look because, if upheld, it would set a precedent for every court in the country.

..........

The arguments were attended by Miller, who spent 85 days in jail last year for defying court orders in an unrelated CIA leak probe and who has since retired from the Times after saying she had to leave because she had "become the news."

Also attending was Patrick Fitzgerald, the U.S. attorney in Chicago who was appointed as special counsel to investigate whether crimes were committed when Bush administration officials leaked the identity of a covert CIA agent to reporters.

Fitzgerald, who questioned Miller after her release from jail before a grand jury investigating the case, shook hands with Miller after the arguments Monday.

Fitzgerald declined to comment, while Miller endorsed what Abrams told the appeals court.

.........

http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--nytimeslawsuit0213feb13,0,6269832.story?coll=ny-region-apnewyork

[Greeby]

1. To which Fitz was later heard remarking

"Ugh, I feel so dirty."

[deminks]

2. This article is a little misleading.

Fitz is the prosecutor in this case, too. He was prevented from getting the phone records from both Shenon and Miller. That is what is being appealed. What may have happened here is that Miller and Shenon tipped off the two charities that the FBI was going to raid them. When the FBI got there, the shredders had been busy busy. The question is, who tipped off Miller and Shenon? That, I think, is what Fitz is after, and may not be able to get at without the phone records.

If the leak was itself, a commission of a crime, then the shield law should not apply.

Shaking hands? I would not take that as an expression of friendship, Judy.

[Missy Vixen]

3. She's odious

>Fitzgerald, who questioned Miller after her release from jail before a grand jury investigating the case, shook hands with Miller after the arguments Monday.<

I hope he gets the phone records. I'll enjoy watching what happens next.

Julie