Florida journalist indicted on allegations of conspiracy, computer fraud, wiretapping

Independent journalist Tim Burke was charged a second time with 13 felony counts related to his publication of unedited clips from Fox News, in a superseding indictment issued by a Tampa, Florida, federal grand jury on Oct. 8, 2026.

Burke was initially charged in February 2024 with 14 counts of conspiracy, wiretapping and violations of the Computer Fraud and Abuse Act following a May 2023 raid on his home and office. Federal prosecutors alleged that he improperly used public login credentials to gain access to raw footage streams from the cable network.

Burke and his lawyers moved to dismiss the Wiretap Act charges at the time, arguing that the government was enforcing the act in an overbroad manner that violated his First Amendment rights. A federal judge agreed in September 2025, and the government withdrew those charges.

In October 2026, however, federal prosecutors obtained a new grand jury indictment, including seven existing counts and six refiled counts, including for conspiracy, accessing a protected computer without authorization and intercepting electronic communications.

The earlier wiretapping counts were added back in the new indictment, but reframed by prosecutors to allege that Burke attempted to intercept communications “via an electronic communication system that was not configured so that the communication was readily accessible to the general public.”

They added that he was neither “a party to the communications” nor “had been given prior consent” to access the information.

The government also refiled charges of disclosing illegally intercepted communications, related to Burke publishing footage of hurricane coverage. But it dropped a separate similar charge for releasing unedited video from an interview between then-Fox News host Tucker Carlson and rapper Ye, formerly known as Kanye West, which included antisemitic remarks by the musician.

Attorney Mark Rasch, who represents Burke, told the U.S. Press Freedom Tracker in a statement, “We are disappointed that the government has chosen to continue to pursue this prosecution of an award-winning journalist for bringing to light newsworthy information about virulent antisemitism by a popular media figure and former U.S. presidential candidate, and the decision of a major news network to conceal that fact.

“Collecting and disseminating newsworthy information, particularly where that information is publicly accessible (even though not easily found) is constitutionally protected activity,” he added.

The new indictment was also condemned by Seth Stern, director of advocacy at the Freedom of the Press Foundation, of which the U.S. Press Freedom Tracker is a project.

“After years of stalling in both the trial court and appellate court, prosecutors are attempting to revive their dismissed claims by simply adding buzzwords and legal conclusions, not any facts that in any way affect the reasons for dismissal,” he told the Tracker.

“The judge should dismiss the claims again, this time with prejudice, and the Justice Department should stop its unconstitutional attempt to lock up a journalist for using publicly available materials to expose a major celebrity’s antisemitism,” Stern added.

A trial is set to begin in the U.S. District Court for the Middle District of Florida, Tampa Division, on Dec. 7.

Seven felony wiretapping counts were dropped against Florida-based independent journalist Tim Burke on Sept. 25, 2025, when a federal judge ruled that the government had not considered exceptions to the Wiretap Act in its indictment against him.

One charge of conspiracy and six of computer fraud remain, as the case against Burke approaches trial in the fall of 2025.

In May 2023, FBI agents raided Burke’s home and office and seized dozens of pieces of equipment in connection with a criminal probe into “alleged computer intrusions and intercepted communications at the Fox News Network,” according to reports at the time. More than two years after the raid, many of the items seized remain in FBI custody.

In February 2024, Burke was charged by the Department of Justice with 14 felony counts. The DOJ alleged that Burke and a co-conspirator used “compromised credentials” to gain access to websites with the live feeds of two media companies, and to download files and disseminate them.

Burke’s alleged co-conspirator, Marco Gaudino, provided “substantial assistance” to the government as it assembled the indictment against Burke, according to court records. Gaudino pleaded guilty to one count of conspiracy and was sentenced in August 2025 to five years of probation.

In May 2025, Burke moved to dismiss the seven Wiretap Act charges against him, arguing that the government’s overbroad application of the statute in its suit against him violated the First Amendment.

An amicus brief filed by a group of civil liberties organizations, including Freedom of the Press Foundation, of which the U.S. Press Freedom Tracker is a project, noted exceptions to the statute when someone is “a party to the communication,” or when the “electronic communication is readily accessible to the general public.”

It would violate the First Amendment, the organizations argued, to require a defendant to prove that these exceptions were an appropriate defense to Wiretap Act charges against them.

U.S. District Judge Kathryn Kimball Mizelle agreed, ruling that the government must prove that the exceptions didn’t apply to Burke, under “the presumption that Congress intends to legislate consistent with the First Amendment.”

“The question at this stage is not whether Congress may lawfully prohibit Burke’s particular alleged conduct—it may,” Mizelle wrote. “The question is whether the statute’s structure raises serious First Amendment concerns—it does. And the government’s statutory interpretation arguments fail to mitigate those concerns.”

Burke’s attorney Mark Rasch called the ruling “a victory for freedom of expression.”

In a statement celebrating the ruling, Jennifer Stisa Granick, surveillance and cybersecurity counsel with the ACLU’s Speech, Privacy, and Technology Project, said, “It’s essential that courts stop prosecutors from twisting the law to silence news the government doesn’t like.”

Seth Stern, FPF’s director of advocacy, said, “We’re in an environment where government officials constantly experiment with new ways to criminalize journalism and speech that embarrasses them.

“We’re relieved that the judge stood up for the First Amendment,” he said.