The Washington Post is reporting a story of the capture in Afghanistan in December of 2001 of documents linking a Pakistani microbiologist named Abdur Rauf to an Al Qaeda project attempting to weaponize Anthrax bacillus.

The documents told of a singular mission by a scientist named Abdur Rauf, an obscure, middle-aged Pakistani with alleged al-Qaeda sympathies and an advanced degree in microbiology.

Using his membership in a prestigious scientific organization to gain access, Rauf traveled through Europe on a quest, officials say, to obtain both anthrax spores and the equipment needed to turn them into highly lethal biological weapons. He reported directly to al-Qaeda’s No. 2 commander, Ayman al-Zawahiri, and in one document he appeared to signal a breakthrough.

“I successfully achieved the targets,” he wrote cryptically to Zawahiri in a note in 1999.

Despite the evidence in US hands, Pakistan has refused to arrest him, and Rauf remains at large. The Post’s anonymous source said:

We will never close the door, but the chances of getting him into the United States are slim to none,” said one U.S. intelligence official, who, like others, agreed to discuss the case on the condition that he not be identified by name.

Beyond the mysterious reasons for Pakistan’s reluctance to cooperate in this particular case, there is also the question of whether Rauf’s biological weapons research was connected to the US Anthrax mailings in 2001.

U.S. officials are even more reticent in discussing possible links between al-Qaeda’s anthrax program and the 2001 U.S. attacks, which killed five people and briefly shut down the U.S. Capitol. Privately, FBI officials doubt that such a link exists. They note that the attacks came with an explicit warning — a letter advising the victims to take penicillin, resulting in a far lower death toll — but without an explicit claim of responsibility. “It doesn’t fit with al-Qaeda’s modus operandi,” one intelligence official said.

Yet U.S. officials have been unable to rule out al-Qaeda or any other group as a suspect. Earlier this month, FBI officials acknowledged that the ultra-fine powder mailed five years ago was simply made and could have been produced by a well-trained microbiologist anywhere in the world.

Several leading bioterrorism experts still contend that the evidence points to al-Qaeda or possibly an allied group that coordinated its attack with the Sept. 11, 2001, strikes on the World Trade Center and the Pentagon. These experts point to hijacker Mohamed Atta’s inquiries into renting a crop-duster aircraft and to an unexplained emergency-room visit by another hijacker, Ahmed Ibrahim A. Al Haznawi, for treatment of an unusual skin lesion that resembled cutaneous anthrax.

The Post’s article references a web site published by a left-wing New York and District of Columbia attorney named Ross E. Getman which extensively discusses the Al Qaeda links to the 2001 Anthrax Mailings, and offers a theory explaining Al Qaeda’s motivations for attacking Senators Leahy and Daschle and the media.

Getman is discussed as one of the amateur investigators of the 2001 Anthrax Attacks in Wikipedia.

The same investigator has also published a shorter article titled, Al Qaeda, Anthrax and Ayman.

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I was wondering why an anonymous intelligence community source would be leaking such a story (not attacking the Bush Administration) to the Post, and it occurred to me that the relationship of spooks to certain elements in the media may have grown so cozy that they might actually use a Post leak to rattle the Pakistani government’s cage on a controversial issue currently in contention.

Whited sepulchre Byron Calame needed to ponder for four months before coming to the astonishing conclusions, that:

1) The Federal Government’s international banking data surveillance program was legal.

2) No abuses of private date have occurred.

3) The program really was secret.

Banking Data: A Mea Culpa

Since the job of public editor requires me to probe and question the published work and wisdom of Times journalists, there’s a special responsibility for me to acknowledge my own flawed assessments.

My July 2 column strongly supported The Times’s decision to publish its June 23 article on a once-secret banking-data surveillance program. After pondering for several months, I have decided I was off base. There were reasons to publish the controversial article, but they were slightly outweighed by two factors to which I gave too little emphasis. While it’s a close call now, as it was then, I don’t think the article should have been published.

Those two factors are really what bring me to this corrective commentary: the apparent legality of the program in the United States, and the absence of any evidence that anyone’s private data had actually been misused. I had mentioned both as being part of “the most substantial argument against running the story,” but that reference was relegated to the bottom of my column.

The source of the data, as my column noted, was the Society for Worldwide Interbank Financial Telecommunication, or Swift. That Belgium-based consortium said it had honored administrative subpoenas from the American government because it has a subsidiary in this country.

I haven’t found any evidence in the intervening months that the surveillance program was illegal under United States laws. Although data-protection authorities in Europe have complained that the formerly secret program violated their rules on privacy, there have been no Times reports of legal action being taken. Data-protection rules are often stricter in Europe than in America, and have been a frequent source of friction.

Also, there still haven’t been any abuses of private data linked to the program, which apparently has continued to function. That, plus the legality issue, has left me wondering what harm actually was avoided when The Times and two other newspapers disclosed the program. The lack of appropriate oversight — to catch any abuses in the absence of media attention — was a key reason I originally supported publication. I think, however, that I gave it too much weight.

In addition, I became embarrassed by the how-secret-is-it issue, although that isn’t a cause of my altered conclusion. My original support for the article rested heavily on the fact that so many people already knew about the program that serious terrorists also must have been aware of it. But critical, and clever, readers were quick to point to a contradiction: the Times article and headline had both emphasized that a “secret” program was being exposed. (If one sentence down in the article had acknowledged that a number of people were probably aware of the program, both the newsroom and I would have been better able to address that wave of criticism.)

What kept me from seeing these matters more clearly earlier in what admittedly was a close call? I fear I allowed the vicious criticism of The Times by the Bush administration to trigger my instinctive affinity for the underdog and enduring faith in a free press — two traits that I warned readers about in my first column.

The Times Public Editor, however, chose not to acknowledge:

4) That surveillance of international financial transfer data is a vitally important tool in combating terrorism.

5) That the unauthorized disclosure of secret information compromising national security in time of war constitutes espionage and treason.

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One really has to admire the monumental arrogance and unmitigated gall of the New York Times in appointing a sycophantic worm like Calame to that bogus and ersatz Ombudsman position. When the Times commits treason, its in-house watchdog slumbers contentedly for four months, then buries an apology at the bottom of his weekly column, grudgingly admitting he was “off base.” Though, it is now, as it was then, in his view, “a close call” whether the Times ought to compromise a vital counter-terrorism program (and betray its country). We readers have to understand, though, that Calame warned us when he started as Ombudsman that he was prejudiced, prejudiced in favor of The New York Times, which Calame has the astonishing mental ability to transform from the sleekest and fattest of all fat cats into “the underdog.”

We commented disfavorably on Calame’s initial support of Times’ treason here referring accurately to Byron Calame as an example of the type of invertebrate that leaves a trail on the sidewalk.

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Michelle Malkin makes the important point (which I happened to overlook) that Calame justifies his prejudice in the Times’ favor on the basis of “the vicious criticism of The Times by the Bush administration,” and she wonders appropriately, just what vicious criticism was that? Then she reviews what the president and other administration officials actually said, exposing the emptiness, the fundamental fraudulence, of Mr. Calame’s rhetoric very nicely.

House Intelligence Chairman Pete Hoekstra suspended an unidentified individual working on the staff of one of the democrat committee members on Thursday, when it was established that the staffer had requested a copy of the National Intelligence Estimate from National Intelligence Director John Negroponte three days before selected leaked portions of the document were published in the New York Times.

It has since been learned that the suspended staffer was Larry Hanauer, employed by California democrat Congresswoman Jane Harman .

Cooperative Research tells us:

After George W. Bush took office in 2001, Larry Hanauer, who has long been at the Israel-Syria-Lebanon desk and who is known to be “even-handed with Israel,” is replaced by David Schenker of the Washington Institute. [American Conservative, 12/1/2003; Mother Jones, 1/2004.

Harman has stated that she is “appalled,” and is demanding Hanauer’s reinstatement.

The suspension is evidently payback for Harman’s unilateral release earlier this week of an independent investigator’s report on the bribe-taking of resigned-convicted-and-imprisoned former Republican Congressman Randy Cunningham.

In order to counter the Pouting Spooks’ weekend leak of highly selective excerpts of last Spring’s National Intelligence Estimate, obviously intended to provide a nice pre-election front page Sunday lead, President Bush will be declassifying key portions of the report.

The Wall Street Journal this morning argued that he ought to release the whole thing (with some reactions).

In the meantime, (the non-Pouting) Spook86 offers some details from the report contradicting the Sunday paper’s spin.

The quotes printed below–taken directly from the document and provided to this blogger–provide “the other side” of the estimate, and its more balanced assessment of where we stand in the War on Terror (comments in italics are mine).

In one of its early paragraphs, the estimate notes progress in the struggle against terrorism, stating the U.S.-led efforts have “seriously damaged Al Qaida leadership and disrupted its operations.” Didn’t see that in the NYT article.

Or how about this statement, which–in part–reflects the impact of increased pressure on the terrorists: “A large body of reporting indicates that people identifying themselves as jihadists is increasing…however, they are largely decentralized, lack a coherent strategy and are becoming more diffuse.” Hmm…doesn’t sound much like Al Qaida’s pre-9-11 game plan.

The report also notes the importance of the War in Iraq as a make or break point for the terrorists: “Should jihadists leaving Iraq perceive themselves to have failed, we judge that fewer will carry on the fight.” It’s called a ripple effect.

More support for the defeating the enemy on his home turf: “Threats to the U.S. are intrinsically linked to U.S. success or failure in Iraq.” President Bush and senior administration officials have made this argument many times–and it’s been consistently dismissed by the “experts” at the WaPo and Times.

And, some indication that the “growing” jihad may be pursuing the wrong course: “There is evidence that violent tactics are backfiring…their greatest vulnerability is that their ultimate political solution (shar’a law) is unpopular with the vast majority of Muslims.” Seems to contradict MSM accounts of a jihadist tsunami with ever-increasing support in the global Islamic community..

The estimate also affirms the wisdom of sowing democracy in the Middle East: “Progress toward pluralism and more responsive political systems in the Muslim world will eliminate many of the grievances jihadists exploit.” As I recall, this the core of our strategy in Afghanistan and Iraq.

Quite a contrast to the “doom and gloom” scenario painted by the Times and the Post.

A French Intelligence leak reveals that the Saudi Intelligence service believes it has good information that Osama bin Laden died on August 23 in a remote location in Pakistan of typhoid fever.

Washington Post story

AP provides an English version of the French story:

L’Est Republicain… the daily newspaper for the Lorraine region in eastern France printed what it described as a confidential document from the French foreign intelligence service DGSE citing an uncorroborated report from Saudi secret services that the leader of the al-Qaida terror network had died.

The contents of the document, dated Sept. 21, or Thursday, were not confirmed by French or other intelligence sources. However, the DGSE transmitted the note to President Jacques Chirac and other officials, the newspaper said.

Defense Minister Michele Alliot-Marie “has demanded an investigation be carried out of this leak,” a ministry statement said, adding that transmission of the confidential document could risk punishment.

Defense Ministry spokesman Jean-Francois Bureau, clarifying the statement, said that the DGSE document exists but that its contents – that bin Laden is allegedly dead – cannot be confirmed.

The DGSE, or Direction Generale des Services Exterieurs, indicated that its information came from a single source.

“According to a reliable source, Saudi security services are now convinced that Osama bin Laden is dead,” said the intelligence report.

There have been periodic reports of bin Laden’s illness or death in recent years but none has been proven accurate.

According to this document, Saudi security services were pursuing further details, notably the place of his burial.

“The chief of al-Qaida was a victim of a severe typhoid crisis while in Pakistan on August 23, 2006,” the document says. His geographic isolation meant that medical assistance was impossible, the French report said, adding that his lower limbs were allegedly paralyzed. On Sept. 4, Saudi security services had their first information on bin Laden’s alleged death, the unconfirmed document reported.

In Pakistan, a senior official of that country’s top spy agency, the ISI or Directorate of Inter-Service Intelligence, said he had no information to confirm bin Laden’s whereabouts or that he might be dead. The official said he believed the report could be fabricated. The official was not authorized to speak publicly on the topic and spoke on condition of anonymity.

U.S. Embassy officials in Pakistan and Afghanistan also said they could not confirm the French report.

Gateway Pundit has a link collection.

Original L’Est Republicain story

Rowan Scarborough sums up the life and career of the now deceased L’Affaire Plame, and arrives at the same conclusion the US Senate did previously: former Ambassador Joseph Wilson is irresponsible and a liar.

The expectation on the left that the Valerie Plame affair would blossom into another Watergate, bringing down a second Republican presidency, has fizzled.

Liberals expected that convictions of one or more persons in the Bush administration for leaking or confirming to columnist Robert Novak that Mrs. Plame, the wife of Bush critic Joseph C. Wilson IV, was an undercover CIA operative. Echoing Mr. Wilson’s claims, prominent liberals and leftists, most of them in the press, accused the White House of orchestrating a smear, and sought to drive Karl Rove either out of office or into prison, or both.

Three years on, none of that has happened, and the “scandal” is played out.

Special Counsel Patrick J. Fitzgerald, urged on by the pundits and the mainstream press, delved into the city’s culture of reporters and their confidential sources. He issued subpoenas for all types of e-mails and documents to find out which Bush administration officials were talking to which reporters. He threatened reporters with jail — and imprisoned one of them — which may have set a precedent for future prosecutors to compel reporters to disclose their confidential sources.

But in the end, the exhaustive investigation produced no criminal charges against any official for leaking Mrs. Plame’s name in violation of the 1982 Intelligence Identities Protection Act. Moreover, it has recently emerged that the official who first revealed her name to Mr. Novak, for a July 2003 column, was not a White House official, but Richard Armitage, who was deputy secretary of state to Colin L. Powell…

David Corn, the Washington correspondent for the left-wing Nation magazine, was one of the first columnists to suggest that the Plame matter was a scandal, orchestrated to punish critics of the Iraq war.

“Did senior Bush officials blow the cover of a U.S. intelligence officer working covertly in a field of vital importance to national security — and break the law — in order to strike at a Bush administration critic and intimidate others?” Mr. Corn asked in the Nation two days after the Novak column appeared. “It sure looks that way, if conservative journalist Bob Novak can be trusted.”

Last week, Mr. Corn, co-author of a new book that revealed Mr. Armitage as Mr. Novak’s original source, took a different view, acknowledging Mr. Armitage’s reputation as an “inveterate gossip” rather than a partisan hit man…

Why were Mr. Armitage, Mr. Rove and others talking about Mrs. Plame? Rather than a smear, the mentioning of Mrs. Plame’s name now appears to have been an attempt to set the record straight on this issue: how it came about that Mr. Wilson, a Bush critic who later joined Sen. John Kerry’s campaign and who was not a trained intelligence investigator, was chosen by the CIA to travel to Niger to investigate an important question for the administration as it planned to go to war in Iraq.

The question: Did Baghdad approach Niger about buying yellowcake, a refined uranium that can be further processed into weapons-grade material?

Mr. Wilson said he found no such evidence and went public with his findings in summer 2003. In an op-ed essay in the New York Times on July 6, 2003, he disclosed his CIA mission and said he found no evidence of a deal… a 2004 report cast doubt on some of Mr. Wilson’s claims.

In 2003-04, the Senate Intelligence Committee spent considerable time investigating why the CIA got the intelligence wrong on Iraq. As part of that mandate, staffers delved into the Niger mission.

First, it reported that, despite Mr. Wilson’s denials, he did get the Niger assignment because of his wife. When her unit, the Counterproliferation Division, got word that Mr. Cheney wanted the yellowcake report investigated, Mrs. Plame recommended him to her boss, and she put it in writing.

The committee, which wrote a bipartisan report, turned up a memo to her superior which said, “My husband has good relations with both the [prime minister] and the former minister of mines (not to mention lots of French contacts), both of whom could possibly shed light on this sort of activity.” The report said that the next day her unit arranged for Mr. Wilson’s trip to Niger.

She approached her husband with the remark that “there’s this crazy report” on a deal for Niger to sell uranium to Iraq. Niger had sold yellowcake to Saddam two decades ago, and some of it was still in Iraq when U.S. troops arrived in the Gulf war in 2003.

The Senate investigators reported that Mr. Wilson did, in fact, find evidence that an Iraqi overture to buy yellowcake may have occurred. To Republicans, this meant Mr. Wilson’s op-ed in the New York Times — the essay that triggered the whole affair — was inaccurate, just as Mr. Libby contended to Mrs. Miller that it was.

In an addendum to the bipartisan report, Intelligence Committee Chairman Pat Roberts, Kansas Republican, wrote that “public comments from the former ambassador, such as comments that his report ‘debunked’ the Niger-Iraq uranium story, were incorrect and have led to a distortion in the press and in the public’s understanding of the facts surrounding the Niger-Iraq uranium story. The committee found that, for most analysts, the former ambassador’s report lent more credibility, not less, to the reported Niger-Iraq uranium deal.”…

At the end of the affair, some liberal voices concede the fizzle. In an editorial last week, The Washington Post observed that “It now appears that the person most responsible for the end of Ms. Plame’s CIA career is Mr. Wilson. Mr. Wilson chose to go public with an explosive charge, claiming — falsely, as it turned out — that he had debunked reports of Iraqi uranium-shopping in Niger and that his report had circulated to senior administration officials. He ought to have expected that both those officials and journalists such as Mr. Novak would ask why a retired ambassador would have been sent on such a mission and that the answer would point to his wife. He diverted responsibility from himself and his false charges by claiming that President Bush’s closest aides had engaged in an illegal conspiracy. It’s unfortunate that so many people took him seriously.”

The Washington Post concludes that we now know that “the primary source of the newspaper column in which Ms. Plame’s cover as an agent was purportedly blown in 2003 was former deputy secretary of state Richard L. Armitage” the Plame Affair story is over and dead.

Mr. Armitage was one of the Bush administration officials who supported the invasion of Iraq only reluctantly. He was a political rival of the White House and Pentagon officials who championed the war and whom Mr. Wilson accused of twisting intelligence about Iraq and then plotting to destroy him. Unaware that Ms. Plame’s identity was classified information, Mr. Armitage reportedly passed it along to columnist Robert D. Novak “in an offhand manner, virtually as gossip,” according to a story this week by the Post’s R. Jeffrey Smith, who quoted a former colleague of Mr. Armitage.

It follows that one of the most sensational charges leveled against the Bush White House — that it orchestrated the leak of Ms. Plame’s identity to ruin her career and thus punish Mr. Wilson — is untrue. The partisan clamor that followed the raising of that allegation by Mr. Wilson in the summer of 2003 led to the appointment of a special prosecutor, a costly and prolonged investigation, and the indictment of Vice President Cheney’s chief of staff, I. Lewis “Scooter” Libby, on charges of perjury. All of that might have been avoided had Mr. Armitage’s identity been known three years ago.

And the Post identifies the real culprit:

it now appears that the person most responsible for the end of Ms. Plame’s CIA career is Mr. Wilson. Mr. Wilson chose to go public with an explosive charge, claiming — falsely, as it turned out — that he had debunked reports of Iraqi uranium-shopping in Niger and that his report had circulated to senior administration officials. He ought to have expected that both those officials and journalists such as Mr. Novak would ask why a retired ambassador would have been sent on such a mission and that the answer would point to his wife. He diverted responsibility from himself and his false charges by claiming that President Bush’s closest aides had engaged in an illegal conspiracy. It’s unfortunate that so many people took him seriously.

The Washington Post has joined the United States Senate in identifying former Ambassador Joseph Wilson as a liar.

Zakaria Dughmush’s photo did not come from Google

Mossad-mouthpiece Depkafile is dishing out the dirt on the Fox News kidnapping. The not-always-reliable Israel-based source claims:

Palestinian warlord Zakaria Dughmush kidnapped the Fox News journalists on behalf of Hamas.

The Hamas team which abducted Israeli soldier Gilead Shalit on June 25 sought to ease the pressure for his release by staging a more spectacular snatch. For this reason, they hired Zakaria Dughmush and his masked men to capture the two Fox News journalists in Gaza City on Aug. 14.

Although their fates are intertwined, the American Steve Centanni, 60, and New Zealander Olaf Wiig, 36, are not being held in the same place as Gilead Shalit. The Fox journalists are thought to be hidden in Gaza City by the gang which kidnapped him, while Shalit is in a Hamas team’s hands, either in Rafah or Khan Younes in the southern Gaza Strip.

DEBKA-Net-Weekly’s exclusive sources on Aug. 25 identified the kidnapper as Dughmush, a former follower of the late Jemal Semhadana, head of the Palestinian Popular Resistance Committees who was killed in Rafah by rockets fired from an Israeli warplane on June 8, 2006.

Semhadana was the first Palestinian terrorist to attack Americans. He staged the bombing attack of October 15, 2003 on a US embassy convoy from Tel Aviv as it drove past Beit Hanoun in the northern Gaza Strip.

Three American security officers died in that attack.

After Semhadana’s death, his PRC fragmented into several small militias, one of them led by Dughmush, a rabid fundamentalist who set up base in Gaza City. He was adopted by Hamas, but also draws funds and weapons from al Qaeda and Hizballah elements working together in the Gaza Strip.

Our counter-terror sources reveal that Dughmush was handed the contract to kidnap one or more Americans by the abductors of the Israeli soldier when their efforts to negotiate a prisoner swap broke down. Hamas ended up refusing the quid pro quo of a promise by Israeli prime minister Ehud Olmert, already deposited with Egyptian president Hosni Mubarak, to release 600 Palestinian prisoners. They held out for a simultaneous trade and then withdrew from the talks.

They turned to Dughmush when pressure built up to end the episode from many quarters, including the Hamas prime minister Ismail Haniya, the Egyptians and the head of the Palestinian Authority Mahmoud Abbas.

Because neither set of abductors wanted Palestinians branded as kidnappers of Americans, they invented a group no one had heard of, calling it the Brigades of the Holy Jihad. This phantom group released a communiqué and videotape Wednesday, August 23, demanding the release within 72 hours of Muslim prisoners in American jails. The deadline was up Saturday noon with no word from the abductors.

Nothing had been said about the fate of the captives if the deadline was not met.

With three hostages in hand, the Palestinian terrorists expect a higher price for their release, such as a large number of Palestinians held in Israel and possibly the United States as well.

DEBKAfile adds:

Mahmoud Abbas and Ismail Haniya both know exactly who kidnapped Steve Centanni and Olaf Wiig. They are embarrassed enough to go through the motions of protesting the abductions, but not enough to take real action to put a stop to the Hamas scheme of holding the two Fox journalists hostage to raise the ante for the Israeli soldier.

Orin Kerr, at the Volokh Conspiracy, responds to the left’s most dishonest blogger‘s rantings over criticisms of Judge Anna Diggs Taylor’s NSA opinion by the Washington Post (and others), observing:

the Administration is giving the program only a very partial defense in its public documents, so there is a lot more that we don’t know. (For example, I teach and write in the area of the Fourth Amendment, and my view is that I don’t know enough of the facts to know if the program violates the Fourth Amendment.

Professor Kerr has identified the most interesting feature of the NSA flap. The December 16, 2005 New York Times leaked NSA story accused the Bush administration of “monitoring,” a term subsequently rhetorically upgraded to “spying,” and ultimately to “eavesdropping,” on international phone calls and email messages “within the United States” without warrants.

The Bush Administration’s accusers knew that they were taking a very serious step by divulging the existence of one or more top secret National Security programs, and they not surprisingly chose merely to apply partisan and inflammatory characterizations without ever specifically describing what it was that they were pointing to with feigned outrage.

Since all this is secret, no one outside certain intelligence agencies and the upper reaches of the US Government really knows who is doing what, when, or to whom. It is really as if all it required was for Messrs. Risen and Lichtblau to write a story saying “the Bush Administration is secretly violating the law,” some unidentified persons said “by doing bad things,” and the left faithfully falls into zombified lockstep, and begins shouting cries of pain and outrage in chorus.

A key problem is no one has ever been identified anyone who has ever experienced a known wrong, or a perceived consequence of any kind, from whatever it is that NSA might, or might not, be doing.

Can the Constitution really be violated, or the law be broken, by persons unknown secretly peforming unknown acts devoid of discernible effect?

The left obviously thinks that George W. Bush is just intrinsically unconstitutional, and that he breaks the law just by being in office, and their grasp of so much of the MSM allows them to create an echo-chamber alternative reality in which the liberal articles of faith -which everybody knows- seem very real, however tenuous their relationship to mere diurnal reality.

Ruling against a defense motion to dismiss in the case of US v. Steven J. Rosen, Keith Weissman, District Court Judge Thomas Selby Ellis, III held that, under the federal Espionage Act private citizens can be prosecuted for unauthorized receipt and disclosure of classified information.

Although the question whether the government’s interest in preserving its national defense secrets is sufficient to trump the First Amendment rights of those not in a position of trust with the government [i.e. not holding security clearances] is a more difficult question, and although the authority addressing this issue is sparse, both common sense and the relevant precedent point persuasively to the conclusion that the government can punish those outside of the government for the unauthorized receipt and deliberate retransmission of information relating to the national defense.

The government must… prove that the person alleged to have violated these provisions knew the [restricted] nature of the information, knew that the person with whom they were communicating was not entitled to the information, and knew that such communication was illegal, but proceeded nonetheless.

Finally, with respect only to intangible information [as opposed to documents], the government must prove that the defendant had a reason to believe that the disclosure of the information could harm the United States or aid a foreign nation…

So construed, the statute is narrowly and sensibly tailored to serve the government’s legitimate interest in protecting the national security, and its effect on First Amendment freedoms is neither real nor substantial as judged in relation to this legitimate sweep.

It is to be expected that this ruling will be tested at the Appeals Court and Supreme Court levels, but Judge Ellis’ reasoning is sound, and there is distinct cause for a nervous evening on the part of several reporters working for the Washington Post and the Los Angeles and New York Times newspapers.

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Steven Aftergood reports at Secrecy News.

AP reports:

Federal prosecutors investigating a leak about a terrorism funding probe can see the phone records of two New York Times reporters, a federal appeals court ruled Tuesday.

A panel of the 2nd U.S. Circuit Court of Appeals overturned on a 2-1 vote a lower court’s ruling that the records were off limits unless prosecutors could show they had exhausted all other means of finding out who spoke to the newspaper…

The case involved stories written in 2001 by Times reporters Judith Miller and Philip Shenon that revealed the government’s plans to freeze the assets of two Islamic charities, the Holy Land Foundation and the Global Relief Foundation.

Prosecutors claimed the reporters’ phone calls to the charities seeking comment had tipped the organizations off about the government investigation.