New York Times may have succeeded in obstructing justice
Published Thu, Dec 14 2006 12:23 AM
Technorati Tags: News and Politics
The New York Times has a well known history of releasing classified information in its news pages. In December of 2001 they released information regarding planned federal raids on some Islamic charities suspected of links to international terrorism.
They have refused ever since to reveal the source of those leaks or to release telephone records that could have pointed to them. Now, despite losing an appeal at the Supreme Court, they appear to have managed to successfully thwart justice once again. From the New York Sun...
A key legal deadline has passed, raising doubts about whether criminal charges will ever be filed in an investigation of leaks to the New York Times about planned federal raids on Islamic charities in America.
The statute of limitations pertaining to the latest of the leaks, which took place in December 2001, was to expire yesterday, according to court filings last month by the prosecutor overseeing the case, Patrick Fitzgerald of Chicago.
Last year, a district court judge in Manhattan, Robert Sweet, ruled in favor of the Times, but an appeals court later reversed that decision, 2–1. Late last month, the newspaper asked the Supreme Court to step in, but the justices declined the request, without explanation.
...
Despite the expiration of the five year statute of limitations, it is still theoretically possible that criminal charges could be filed. If Mr. Fitzgerald was able to identify suspects, he could have asked them to agree to extend the time limit, or he may have filed charges against them under seal. In addition, the prosecutor could, in effect, extend the deadline by linking the leaks to an allegation of a broader conspiracy to undermine the probe of the groups. However, lawyers following the case described those possibilities as remote.
Mr. McCarthy said that even if no criminal charges are filed, the telephone records could lead to disciplinary action or the firing of any government officials who leaked advance word about the plans to act against the Illinois-based Global Relief Foundation and the Texas based Holy Land Foundation.
Mr. Fitzgerald suggested in court papers that Ms. Miller and Mr. Shenon acted improperly by tipping off the groups to the planned seizures, but lawyers for the journalists said they were just following the common practice of seeking comment from the subjects of a news story. The prosecutor said the reporters' actions could have endangered law enforcement officers or led to the destruction of evidence.
And so, the New York Times defies even the United States Supreme Court and will likely get away with it. Freedom of the press or not, it certainly smells like obstruction of justice, whether charges could be successfully brought or not.
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