FOR IMMEDIATE RELEASE:
New York, Sept. 9, 2026 — The Department of Justice moved today to dismiss its appeal of a lower court decision that rejected seven felony wiretapping counts against Florida-based independent journalist Tim Burke.
Burke was indicted in 2024 after he exposed unaired outtakes of antisemitic remarks from a Fox News interview with musician Ye, formerly known as Kanye West. The government raided Burke’s newsroom — seizing dozens of pieces of equipment, many of which remain in FBI custody — and charged him with various offenses under the Wiretap Act and the Computer Fraud and Abuse Act. In September 2025, a federal trial court dismissed the Wiretap Act counts, holding that the government’s reading of the statute was overbroad.
The following can be attributed to Freedom of the Press Foundation (FPF) Chief of Advocacy Seth Stern:
“By confiscating most of Tim Burke’s newsroom equipment for years and getting multiple extensions in court before ultimately dropping its appeal, the DOJ has successfully held Burke’s journalism hostage and used the legal system to punish him for reporting on a clearly newsworthy issue.
“Prosecutors were right to drop their appeal of the Wiretap Act counts, but they’re wrong to continue to pursue other charges to punish a journalist who exposed antisemitism.
“Perhaps most disturbing is the DOJ’s use of the Computer Fraud and Abuse Act, a vague, ambiguous law that would criminalize routine journalism if the government had its way. The DOJ should not stop with dismissing this appeal. It must drop all of the charges against Tim Burke.”
Freedom of the Press Foundation and a coalition of press freedom organizations previously filed an amicus brief in support of Burke’s motion to dismiss the Wiretap Act counts.
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