Judge Tosses 7 Charges for Poaching Unaired Fox Video

U.S. District Judge Kathryn Kimball Mizelle in the Middle District of Florida dismissed seven of the 14 federal charges against Tampa-based media consultant and former Deadspin editor Tim Burke, ruling that the Wiretap Act counts violated the First Amendment. 

Burke, 46, was indicted in February 2024 for allegedly using "compromised credentials" to access and leak unaired 2022 Fox News footage from Tucker Carlson's show, including antisemitic remarks by Ye (formerly Kanye West) during an interview, as well as behind-the-scenes clips criticizing Fox Nation. The leaks were shared with Media Matters for America and Vice News, sparking national attention and a DOJ probe.

Tim Burke

Burke faced 14 counts, including conspiracy, unauthorized computer access under the Computer Fraud and Abuse Act (CFAA), and wiretapping under the Electronic Communications Privacy Act. Prosecutors alleged Burke conspired with Washington resident Marco Gaudino (sentenced in August 2025 to five years' probation and a year of house arrest) to scour the internet for credentials from broadcasters, sports leagues, and media outlets, then access protected video streams like NBA game footage and the Fox clips.

The seven wiretap-related charges were tossed because the government's interpretation of "intercept" was too broad and treated statutory exceptions (e.g., for "readily accessible" public information) as affirmative defenses rather than essential elements. Judge Mizelle called the government's argument "legally insufficient," requiring prosecutors to prove no exceptions apply to avoid constitutional issues. Defense argued the footage was obtained from publicly configured websites, protecting journalistic newsgathering.

Remaining Charges: Seven CFAA counts persist, focusing on unauthorized access and dissemination. Burke's trial, originally set for October 2025, was delayed to January 2026 for evidence review.