If the Biden administration really believes that “journalism is not a crime,” it should be helping to solve the press’s problems, not compounding them.
the home of journalist Tim Burke. He is scheduled to be arraigned in the coming weeks under the Computer Fraud and Abuse Act and wiretap laws forthat he didn’t have permission to access the video, even though it was at a public, unencrypted URL that he found using publicly posted demo credentials.
But finding things that the powerful don’t want found is essentially the definition of investigative journalism—which, as Biden said, is not criminal in this country.heightens concerns about whether prosecutors hid from the judge who authorized the raid that Burke was a journalist.
Plus, the PPA prohibits law enforcement searches of anyone “reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication,” regardless of whether they’re a journalist. The First Amendment’s press clause is obviously not limited to the establishment media, which didn’t exist at the time.
They weren’t—not at the warrant application stage or since. Prosecutors have claimed they complied with the law and their own policies, but they’ve never explained how—by following the requisite procedures or by determining that they didn’t apply to a “former” journalist? Did local U.S. attorneys escalate the issue to national higher-ups, as the policy requires?Attorney General Merrick Garland to their concerns last October.
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