DOJ drops appeal of wiretapping counts against journalist Tim Burke

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…