http://seattletimes.nwsource.com/html/nationworld/2001988057_shelby25.htmlWASHINGTON — The Justice Department has referred to the Senate ethics committee an investigation into whether Sen. Richard Shelby, R-Ala., or his staff leaked classified information, indicating that criminal charges are highly unlikely, a federal law- enforcement official said yesterday.
The referral Thursday means that it now is up to the ethics panel to decide if any action is warranted against Shelby, who was vice chairman of the Senate Intelligence Committee at the time of the Sept. 11 attacks.
Both the House and Senate intelligence committees also were briefed by prosecutors and the FBI about the findings of the investigation, said the law-enforcement official, who spoke on condition of anonymity because the probe remains officially open.
The investigation concerned the 2002 disclosure to news reporters of two messages intercepted by the National Security Agency (NSA) one day before the Sept. 11 attacks. Those messages contained the words "the match begins tomorrow" and "tomorrow is zero day," but they were not translated from Arabic until Sept. 12.
The intercepts had been disclosed by the NSA director, Lt. Gen. Michael Hayden, during a private meeting of a joint House-Senate intelligence committee that investigated the Sept. 11 attacks. Shelby was on the panel at the time.
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