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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 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.