Peter Suber

@petersuber.bsky.social

Open research, academic culture, US politics, democracy. I post to Mastodon more than Bluesky. But see my bridge account for B versions of the M posts. https://bsky.app/profile/petersuber.fediscience.org.ap.brid.gy

DOJ is now 0-20 in cases to obtain state voter files. Here is the list: Arizona California Colorado Connecticut Illinois Kentucky Maine Maryland Massachusetts Michigan New Hampshire New Jersey New Mexico New York Oregon Pennsylvania Rhode Island Virginia West Virginia Wisconsin

Holy shit! Jim Jordan is reduced to stammering when Kasie Hunt presses him on why he continues to support Max Miller despite credible allegations that he abused his ex-wife and toddler daughter

My felony charges were dismissed last September. Today, despite affirming to the court that they would not do so (and 11th Circuit rules only permitting one extension), the United States moved for what is now its FOURTH extension to gain permission to actually file an appeal against that dismissal.

```
No. 25-13969-DD

In the 
United States Court of Appeals
for the Eleventh Circuit

UNITED STATES OF AMERICA,
Plaintiff-Appellant,

v.

TIMOTHY BURKE,
Defendant-Appellee

ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
8:24-cr-68-KKM-TGW-1

UNITED STATES' MOTION FOR EXTENSION 
OF TIME PENDING AUTHORIZATION OF APPEAL

GREGORY W. KEHOE
United States Attorney

DAVID P. RHODES
Assistant United States Attorney
Chief, Appellate Division
Florida Bar No. 438741
400 N. Tampa St., Ste. 3200
Tampa, FL 33602
(813) 274-6000

July 30, 2026

USCA11 Case: 25-13969 Document: 22 Date Filed: 07/30/2026 Page: 2 of 7

In the United States Court of Appeals
for the Eleventh Circuit

UNITED STATES OF AMERICA,
Plaintiff-Appellant,

v.

TIMOTHY BURKE,
Defendant-Appellee 

No. 25-13969-DD

United States' Motion for Extension of Time
Pending Authorization of Appeal

The United States respectfully moves for an extension of time to file its principal brief, pending the determination by the Solicitor General of the United States whether this government appeal should proceed. Our brief is currently due on July 30, 2026. We request an additional 32 days, until Monday, August 31, 2026. We regret that this additional request is necessary, and we will immediately notify the Court when the Solicitor General makes his determination. If he does not authorize this appeal, we will move to dismiss it.

1. The district court entered two orders, Docs. 217 and 226, that dismissed portions of the indictment based on the court's interpretation of the Wiretap Act, 18 U.S.C. §§ 2510 and 2511, and what it considered "significant First Amendment concerns," see Doc. 217 at 32. The orders are appealable
``````
under 18 U.S.C. § 3731. Indeed, in the first order, the court invited the United
States to “appeal this decision and postpone trial until the Eleventh Circuit
clarifies the law regarding the Wiretap Act interception offenses.” Doc. 217 at
316 (identifying this as one of “several potential paths forward for the
government”). After the entry of the second order, which clarified the scope of
the dismissal, Doc. 226, the United States timely filed a notice of appeal, Doc.
229.

2. The United States’ appeal cannot proceed further without the
Solicitor General’s authorization. The Solicitor General “[d]etermin[es]
whether, and to what extent, appeals will be taken by the Government . . . .” 28
C.F.R. § 0.20(b); Justice Manual § 2-1.000(a). The United States Attorney
must report each adverse, appealable decision to the responsible component of the
Department of Justice and must recommend whether the decision should be
appealed. Id. §§ 2.2.110, 2.2.111, 9-2.170. That component—the Criminal
Division, Appellate Section, in this case—then makes its own recommendation.
Id. § 9-2.170(6). Attorneys in the Office of the Solicitor General also make
recommendations to the Solicitor General, who decides whether to authorize the
appeal. 28 C.F.R. § 0.20(b); Justice Manual § 9-2.170(6). This process ensures that the United States pursues only those
relatively few appeals that the Solicitor General deems warranted.

3. The United States Attorney immediately reported this adverse
3 USCA11 Case: 25-13969 Document: 22 Date Filed: 07/30/2026 Page: 4 of 7
decision to the Criminal Division, as required, and submitted his
recommendation. The Criminal Division has submitted its own
recommendation to the Solicitor General, and lawyers within the Solicitor
General’s Office also are weighing in, as required. As noted above, the
Solicitor General will decide whether this appeal should proceed.

4. We appreciate that this process has taken a long time. The legal
issues implicated by the district court’s Wiretap Act rulings are novel and
complex, as are the potential ramifications of the rulings for other cases and
other contexts. We are working diligently toward obtaining the Solicitor
General’s determination, including any parameters for our briefing on appeal,
if authorized. If it is not, we will immediately move to dismiss this appeal.

5. Mr. Burke—who is not detained—has had his conditions of
release modified to enable him to travel and to otherwise minimize the effect of
this appeal.

6. Mr. Burke objects to this requested extension and anticipates filing
a written objection to the requested extension.
```For these reasons, the United States requests an extension of time until August 31, 2026, to file our principal brief.

Respectfully submitted,

GREGORY W. KEHOE  
United States Attorney

By: s/ David P. Rhodes  
DAVID P. RHODES  
Assistant United States Attorney  
Chief, Appellate Division  
Florida Bar No. 438741  
400 N. Tampa St., Ste. 3200  
Tampa, FL 33602  
(813) 274-6000  
david.rhodges@usdoj.gov  

5

In an Appropriations Committee hearing earlier this year, I questioned Energy Secretary Chris Wright about the billions his department canceled in clean energy grants. He looked me in the eye and told me the decisions were made on the merits and had nothing to do with politics. That was a lie.

Folks - it's an honor to host @vkempe.bsky.social and @lewan.uk for Part 2 of our convo re: #censorship and #scholarship admist #DemocraticBackSliding. Join us Aug 12, 11 am ET and share widely! #AcademicSky #Academia #higherEd #DefendResearch More @ DefendResearch.org @defendresearch.bsky.social

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Sign the Declaration to #DefendResearch.

defendresearch.org

Lisa Schiff@lschiff.bsky.social · last wk.

Register for our 8/12 #DefendResearch webinar with @vkempe.bsky.social in conversation with @rouhiroo.bsky.social discussing “What Can I Really Do? Behavioural Choices for Scholars in Past and Emerging Autocracies” us02web.zoom.us/webinar/regi...

NEW: In a stunning admission, the Trump administration admitted in court documents that it canceled billions in energy grants to states "based solely" on politics -- and whether that state was represented by Democrats and backed Harris in 2024. www.nytimes.com/2026/07/24/b...

Trump Administration Admits Canceling Grants to States That Did Not Vote for Him

Federal officials said in court documents that they halted billions of dollars in funding for energy projects to states “based solely” on whether they backed President Trump in the 2024 election.

nytimes.com

The report “calls for the government to invest in young researchers, without noting that the administration fired scores of young scientists and terminated hundreds of grants to early career researchers.”

Don Moynihan@donmoyn.bsky.social · 2w ago

Once you understand that this is a model of science written by non-scientists who hate universities but love venture capital and redirecting money to political allies, everything makes a lot more sense. www.nytimes.com/2026/07/22/u...

On July 20, the Honolulu Charter Review Commission voted 10-3 to put a ranked choice voting measure on the November 2026 ballot. If passed, RCV would be used to elect the mayor, City Council, and prosecuting attorney for Honolulu starting in 2032.

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