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The New York Times

September 11, 2004

Prosecutor Is Investigating Possible Leak

By THE ASSOCIATED PRESS

WASHINGTON, Sept. 10 (AP) - A federal prosecutor is investigating whether two reporters for The New York Times were leaked information about an inquiry into the financing of terrorism that may have tipped off the subjects of the inquiry.

The United States attorney in Chicago, Patrick Fitzgerald, notified the newspaper in a letter last week that he intended to subpoena the telephone records of its reporters Philip Shenon and Judith Miller.

A lawyer for The Times, Floyd Abrams, confirmed receipt of the letter and said he was negotiating with Mr. Fitzgerald in the hope of preventing the telephone company records from being subpoenaed. Neither The Times nor its reporters have received subpoenas, Mr. Abrams said.

Mr. Fitzgerald is trying to determine whether anyone in the government tipped off the Times reporters about a plan in December 2001 to seize the assets of the Global Relief Foundation on suspicion that it was financing terrorism.

According to a staff report from the Sept. 11 commission, the F.B.I. had intended to obtain secret surveillance warrants to monitor the reaction of the group after its overseas offices were searched. "This plan went awry," the report said, when Global Relief learned of it, apparently when a Times reporter called to ask if it knew of a plan by the government to freeze its assets.


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