Michelle Malkin notes that the NY Times has petitioned the Supreme Court to shield their reporters against the feds looking at the phone records of Judith Miller and Philip Shenon.

From the Times:

“The New York Times asked the Supreme Court yesterday to bar a federal prosecutor from reviewing the phone records of two of its reporters. The records, lawyers for The Times said, would allow the government to learn the identities of many of the reporters‚Äô confidential sources.

The case arose from a Chicago grand jury’s investigation into who told the two reporters, Judith Miller and Philip Shenon, about actions the government was planning to take in 2001 against two Islamic charities. The United States attorney in Chicago, Patrick J. Fitzgerald, sought the reporters’ records directly from their phone companies, and The Times filed suit to stop him.

In August, a divided three-judge panel of the federal appeals court in Manhattan ruled in favor of Mr. Fitzgerald, saying the reporters were not entitled to shield their sources. The needs of law enforcement, the majority said, outweighed any protections the reporters might have in the First Amendment or other areas of law.

Ms. Miller left the paper last year after spending 85 days in jail in connection with a separate leak investigation, also supervised by Mr. Fitzgerald.

The paper‚Äôs filing yesterday was a limited one, seeking an order from Justice Ruth Bader Ginsburg staying the appeals court decision until the Supreme Court has an opportunity to decide whether to hear the case. The deadline for seeking review of the appeals court‚Äôs decision is in January, but The Times said it would move faster.”

There have been a lot of people asking about what happened to the other leak investigation into the Times leaking of the Swift Program earlier this year. That initial investigation finished up and resulted in a Grand Jury which conviened in July, and is still ongoing with results expected soon.

The Times no doubt wants Ginsberg to rule in their favor as it’s known that other reporters such as Jame Risen and Eric Lichenblau who leaked the Swift Program amoung other national security secrets.

So what is the hold up you ask? First, understand that this type of investigation and subsequent possible indictments is going to be a battle royal between the balance of the First Admendment and the need to keep our country secure, so the DOJ wants to insure that they don’t put together half assed work. Just know that the DOJ is actively working on orders from AG Gonzales to get to the bottom of the leak.

Let’s not forget while at the same time the NY Times is asking for protection, they also admit that the leaking of the Swift Program was wrong.

This isn’t over yet.

UPDATE: More at Stop the ACLU.