<i>A recent court filing heightens concerns about whether prosecutors hid from the judge who authorized the raid that Burke was a journalist. </i><p>I don't entirely get how "being a journalist" is determined. We don't have any register of journalists. You don't need a certification. We're all "journalists" now -- and probably always have been.<p>It sounds to me as if he was not in violation of the law, regardless of whether he was a "journalist". But I am not a lawyer, and I've found that I rarely understand lawyers' reasoning.<p>In this case, the "victim" was Fox News. Perhaps they're claiming their own special protection on the grounds of being journalists, even though it was their own mistake that let this become public?