In a separate case, Federal Judge Robert W. Sweet ruled on February 24, 2005, that Miller was not required to reveal who in the government leaked word of an impending raid to her. Patrick Fitzgerald, the same prosecutor who had had Miller jailed in the Plame case, argued that Miller's calls to groups suspected of funding terrorists had tipped them off to the raid and allowed them time to destroy evidence. Fitzgerald wanted Miller's phone records to confirm the time of the tip and determine who had leaked the information to Miller in the first place. Judge Sweet held that because Fitzgerald could not demonstrate in advance that the phone records would provide the information he sought the prosecutor's needs were outweighed by a 'reporter's privilege' to keep sources confidential. On August 1, 2006, a three-judge panel of the Second Circuit Court of Appeals reversed Judge Sweet's decision, holding 2–1 that federal prosecutors could inspect the telephone records of Miller and Philip Shenon. Judge Ralph K. Winter, Jr. wrote: "No grand jury can make an informed decision to pursue the investigation further, much less to indict or not indict, without the reporters' evidence".