Not just Fox News: NBA named in Tim Burke leaked videos case

Tampa media consultant Tim Burke, who is accused of illegally accessing unaired Fox News footage, also obtained video from the NBA, attorneys confirmed in court Thursday.

Burke, 45, was arrested in February on accusations that he and a co-conspirator used “compromised credentials” to access and save private commercial broadcast video streams, then disseminate specific clips. The 25-page indictment said that included video from an unnamed “National Sports League.”

On Thursday, attorneys from the prosecution and defense confirmed in court that the indictment referred to the NBA.

It’s unclear which videos prosecutors say Burke got from the NBA, but federal prosecutor Jay Trezevant said Burke downloaded several from the league. Representatives for the NBA did not respond to emailed requests for comment Thursday evening.

Other videos that Burke got originated from Fox News, including unaired footage of an interview between former Fox personality Tucker Carlson and the rapper Ye (formerly known as Kanye West). In the footage, Ye makes antisemitic statements.

At least one other unnamed TV network is alleged to be a victim in court documents.

Burke’s attorneys have said he found the videos using credentials obtained through a publicly accessible website and did not commit a crime. They’ve argued Burke acted as a journalist and should be shielded under laws that protect freedom of the press. In April, an alleged co-conspirator pleaded guilty and agreed to cooperate with the government.

Burke is the owner of the media consulting company Burke Communications and has for Deadspin and other national media outlets as a journalist creating viral content.

On Thursday, Judge Thomas Wilson heard arguments about whether there should be restrictions on how Burke and his legal team can use videos and other evidence that are part of the case.

The federal government is pushing for Burke to be supervised by his lawyers when he reviews evidence out of concern that videos could be published or company trade secrets released.

Burke attorney Mark Rasch argued that his client should have a choice in how to use the evidence. He wanted the government to identify what would be considered a trade secret.

The judge asked both sides to submit memos about the evidence by July 9.