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search) is the target of an ongoing Justice Department investigation into the leaking of the contents of classified phone intercepts received the day before the Sept.
Congressional sources told FOX News the ethics panel is now involved in the matter, though aides to the committee's bipartisan leaders, Republican Sen. Virginia Davis, Shelby's spokeswoman, told FOX she had "no additional information" about the case. Davis declined to say whether Shelby's office had asked the Ethics Committee if it had received any information from Justice about the probe.
"My position on this issue is clear and well-known: At no time during my career as a United States senator and, more particularly, at no time during my service as chairman of the Senate Select Committee on Intelligence have I ever knowingly compromised classified information. We have provided the investigation with our full cooperation in the past, and we will continue to do so." Shelby served on the intelligence panel for eight years.
Law enforcement sources said the Justice Department investigation remains "open" but the decision to refer the information collected so far to the Ethics Committee suggests the FBI may not have enough evidence to bring charges and is now leaving the matter up to the Senate. The case involves the leaking of intercepted messages from Sept. The National Security Agency intercepted the messages -- "The match begins tomorrow" and "tomorrow is zero day" -- suggesting an attack might occur the next day. The contents of the messages were revealed in closed session of a House-Senate panel investigating the Sept. Michael V Hayden, then-director of the National Security Agency. FOX News' Jim Angle, Anna Stolley and Major Garrett contributed to this report.
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