If Burgler sues, that would be a brillant move. And if a judge rules that doing that would be an attempt at trying to influance a jury, then FOX could simply do the documentary and they could not stop them under 1st Amendment.
I would like the see the documentary "The 9-11 Document Burglar" made whether or not he sues. If it was a Conservative who had done that, Michael Moore would have been accepting his Best Picture oscar. (and he could have played the Burglar too and picked up a Best Actor at the same time)
Burgler can't sue. He's a felon. His credibility is sh**.