A Florida man accused of hacking into web servers and subsequently leaking behind-the-scenes footage of Fox News programming is scheduled to go to trial on numerous criminal charges next summer, after a federal judge this week denied two critical motions that could have ended the case in his favor.

This week, U.S. District Judge Kathryn Mizelle said former Deadspin video editor Timothy Burke was not entitled to suppress laptops, phones, notebooks and other materials seized from his Tampa Bay home nearly two years ago as part of a federal investigation into the unlawful interception of Fox News video feeds.

The judge also said Burke is not entitled to a “Franks hearing” that would have evaluated whether federal law enforcement had the right to seek a search warrant against his home in the first place, because he was unable to prove that an affidavit submitted by an agent with the Federal Bureau of Investigation (FBI) contained false statements.

Burke began fighting his case in court almost immediately after the warrant was issued, urging a magistrate to make public the affidavit used to get approval for the search and seizure order. A redacted copy was ultimately released to the public, and the unredacted copy has since been given to his attorneys.

In February, a federal grand jury returned a 14-count indictment against Burke, charging him with conspiracy, computer trespass and unlawful interception of electronic communications.

Related: Read The Desk’s comprehensive coverage of the Timothy Burke case

According to prosecutors, Burke connected with a Washington man, first identified by The Desk as Marco Gaudino, during the COVID-19 pandemic. Burke and Gaudino allegedly scoured the Internet looking for ways to access the online servers of sports leagues and media organizations, and Gaudino eventually passed along a username and password that gave Burke access to an online video transmission service used by major news outlets.

The password was accidentally posted to the website of a CBS News Radio affiliate during the pandemic, The Desk exclusively reported. A spokesperson for the station said it never meant for any unaffiliated party to make use of the password.

Burke, by his own admission, did use the password, which was connected to a service called LiveU Matrix. According to people familiar with the case, Burke spent a considerable amount of time learning the system, and eventually figured out the naming convention for raw video transmissions used by Fox News Media, the parent company of Fox News.

He ultimately recorded several raw video transmissions associated with Fox News shows, including “Tucker Carlson Tonight,” and leaked them to Media Matters for America and Vice News. Prosecutors say one of the news outlets paid him for the video clips.

In legal filings and news interviews, Burke’s attorneys contend that their client committed no crime, that his activities were protected by the First Amendment, and that his behavior amounts to “good journalism.” They also said the U.S. Department of Justice’s (DOJ) own policy with respect to investigations against journalists wasn’t followed in this case.

Judge Mizelle rejected those points, saying the federal agent who obtained the warrant in the first place had reason to believe that Burke unlawfully accessed a computer system and was able to intercept raw video files without any authority. She also said that the DOJ’s policy for investigations against journalists did not grant an enforceable right.

“Even if the government failed to comply with DOJ regulations, courts lack the authority to suppress evidence gathered in violation of them — nor does Burke present any authority requiring an affidavit to include a certificate of compliance with these regulations,” Judge Mizelle wrote in her order.

Judge Mizelle also found that Burke was not entitled to a Franks hearing on the evidentiary value of the material seized from his home because many of the points he and his attorneys raised in their original motion and subsequent replies were irrelevant.

“Burke fails to convincingly explain how inclusion of the supposedly omitted ‘true full, factual context for the case,’ which includes the identity of one of the alleged victims, would ‘have prevented a finding of probable cause,'” the judge wrote.

The denial of Burke’s motions to suppress and for a Franks hearing paves the way for him to stand trial on the criminal charges, with Judge Mizelle setting a tentative trial date of June 9. A pre-trial hearing has been scheduled for April, and the trial could be further delayed based on the developments of the case between now and then.

Prosecutors and Burke’s defense attorneys continue to exchange “discovery” evidence, according to a person familiar with the matter.

Burke and his attorneys can still appeal the denied motion to the Eleventh Circuit Court of Appeals. It was not clear if they intend to do so. Burke’s attorneys do not return requests for comment from The Desk. A public relations firm hired by Burke to conduct media outreach on his case initially offered to arrange an interview with one of his attorneys, then subsequently pulled the offer without explanation.

Burke is out of custody, released on his own recognizance through an agreement with prosecutors in the case. He has not commented about the case; on Bluesky, a social media service similar to X (Twitter), Burke lamented about the closure of a local club where he performed stand-up comedy and posted images of sports broadcasts.

Gaudino, Burke’s alleged co-conspirator, pled guilty to similar charges earlier this year, and is cooperating with law enforcement. Gaudino will be sentenced after Burke’s case concludes.