Seven months after FBI agents raided his home and shut down his one-person newsroom, journalist Tim Burke is still waiting for a court hearing to challenge the basis of the search warrant at the heart of the federal investigation.
Burke, a nationally renowned journalist based in Tampa, discussed his case on WMNF WaveMakers with Janet & Tom on Tuesday (Dec. 19, 2023).
Burke says the Justice Department violated its own policies when it sought the search warrant without giving him a chance to challenge the assertions contained in the affidavit that convinced a federal judge to authorize the search. That’s because the department doesn’t even believe he’s a journalist, Burke said.
That assertion came after the federal prosecutor in the case asked Burke’s lawyer what he does for a living. If he were treated like the journalist he is, a judge would have had to have a hearing in which Burke could argue against allowing the search, said Alison Steele, a First Amendment attorney in St. Petersburg who has represented numerous media organizations in Florida.
Burke is probably best known for appearing in the popular Netflix series “Untold: The Girlfriend Who Didn’t Exist,” based on the 2013 Deadspin story he broke about a crazy catfishing attempt against Notre Dame football star Manti Teo.
The FBI raid in May drew a lot of headlines locally, partly because Burke shares that home with his wife Lynn Hurtak, who he had helped get elected to the Tampa City Council just a couple months earlier. Less attention has been paid to the First Amendment questions surrounding this case, questions about whether Joe Biden’s Justice Department has violated Burke’s rights as a journalist. And whether it even understands what a journalist is or how the internet works.
According to a letter obtained by the Tampa Bay Times, the FBI investigation focuses on videos leaked to Vice News and Media Matters, a left-leaning media watchdog, that embarrassed Fox News and Tucker Carlson. So embarrassing there has been speculation they played a role in Carlson’s ouster from the network.
Federal prosecutor Jay Trezevant told Fox that the investigation is focused on allegations of unauthorized computer access; interception of wire, oral or electronic communication; conspiracy; and other federal crimes.
Burke says he hasn’t broken any laws and most importantly has not been charged with anything But the raid effectively closed his business by taking away virtually all of the equipment he needed to make a living. And he’s been forced to spend thousands of dollars in legal fees to defend himself.
Burke said he has filed an appeal for a hearing to challenge the basis of the warrant. He has hired one of the top cyber security attorneys in the country who once led the Justice Department’s cyber crimes unit and helped draft the law now being used against his client. His attorney is outraged at the government’s actions.
“Raiding news media offices, and in this case even more horrifying a journalist’s home, is common tactic of a totalitarian regime,” said Steele. “It’s a flagrant attack on people who are engaging in First Amendment activities.”
The investigation has taken a toll on Burke, who has not only lost income from the FBI shutting down his newsroom, but also has heft legal bills to pay. A friend set up a non-profit to raise money for his defense and a website where Burke’s supporters can stay update on his case.
Hear the entire conversation by clicking the link below, going to the WaveMakers archives or by searching for WMNF WaveMakers wherever you listen to podcasts.
