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The government seized Mr. Burke’s newsroom without telling the USCA11 Case: 23-13649 Document: 26 Date Filed: 03/06/2024 Page: 12 of 25 13 Magistrate Judge that this was what they were doing. The government seized Mr. Burke’s newsroom and more than 100Tb of data without informing the Magistrate Judge that (a) he was a journalist, (b) there was likely to be both First Amendment protected expressive materials and privileged communications with sources and other journalists, (c) the “compromised credentials” were in fact public information and not unlawfully obtained, and (d) the purportedly “hacked” materials were being broadcast unencrypted over publicly-accessible URLs, which means that there could not possibly be a reasonable expectation of privacy attached to them. Because there was no hearing under Rule 41(g), there is no evidence that the government obtained approval to seize a newsroom, or to seize materials protected under the PPA from the required DOJ officials, or that any Filt
March 7, 2024 at 7:59 PM