Citing Trump case, Pentagon leak suspect Teixeira urges judge to release him while he awaits trial

FILE - This artist depiction shows Massachusetts Air 春色直播 Guardsman Jack Teixeira, right, appearing in U.S. District Court in Boston, April 14, 2023. Teixeira, who is accused of leaking secret military papers, on Monday, July 17, challenged a judge's decision that he remain behind bars, pointing to the pretrial release of former President Donald Trump and others charged in high-profile classified documents cases. (Margaret Small via AP, File)

BOSTON (AP) 鈥 The Massachusetts Air 春色直播 Guard member accused of leaking secret military papers challenged a judge's decision that he remain behind bars, pointing Monday to the pretrial release of former President Donald Trump and others charged in high-profile classified documents cases.

A magistrate judge who ruled in May that 21-year-old Jack Teixeira must remain behind bars while the case plays out found that releasing him would pose a risk that he would attempt to flee the country or obstruct justice. Teixeira's lawyers are now asking a different judge to reverse that decision.

In court papers, the defense attorneys argued that Teixeira has no financial ability or incentive to flee, and claimed the government 鈥済reatly overexaggerates Mr. Teixeira鈥檚 risk to national security." Teixeira's lawyers noted that prosecutors did not seek to detain Trump 鈥 or his co-defendant, Walt Nauta 鈥 even though the former president and his valet 鈥減ossess extraordinary means to flee the United States.鈥

鈥淔ormer President Trump and The Trump Organization own properties in multiple foreign countries, and former President Trump has access to a private plane. Yet, the risk of flight posed by their knowledge of national security information, and their abnormal ability to flee, didn鈥檛 even result in a request that either surrender their passport,鈥 Teixeira's lawyers wrote.

Teixeira's attorneys wrote that the 鈥渄isparate approach鈥 in these cases 鈥 which are both charged under the Espionage Act 鈥 shows that the government's 鈥渁rgument for Mr. Teixeira鈥檚 detention on this basis is illusory.鈥

last month to six counts of willful retention and transmission of national defense information. Each count is punishable by up to 10 years in prison.

Trump has to dozens of felony counts accusing him of hoarding classified documents at his Mar-a-Lago estate in Florida and refusing government demands to give them back. While Trump was not required to surrender a passport 鈥 prosecutors said he was not considered a flight risk 鈥 the magistrate judge directed the former president to not discuss the case with certain witnesses. Trump has denied any wrongdoing and attacked the prosecution as politically motivated.

Teixeira, of North Dighton, has been behind bars on charges stemming from the most consequential intelligence leak in years. His lawyers have suggested that he be released to his father and largely confined to his home with location monitoring and no access to the internet.

Teixeira is accused of sharing classified military documents about and other sensitive national security topics on Discord, a social media platform popular with people playing online games.

Authorities say Teixeira, who enlisted in the Air 春色直播 Guard in 2019, began around January sharing military secrets with other Discord users 鈥 first by typing out classified documents and then sharing photographs of files that bore SECRET and TOP SECRET markings. Teixeira worked as a a 鈥渃yber transport systems specialist,鈥 essentially an IT specialist responsible for military communications networks.

Authorities have provided few details about an alleged possible motive, but accounts of those in the online private chat group where the documents were disclosled have depicted Teixeira as motivated more by bravado than ideology.

The judge's decision to detain Teixeira came after Justice Department lawyers revealed in court filings a . He wrote in November that he would 鈥渒ill a (expletive) ton of people鈥 if he had his way, because it would be 鈥渃ulling the weak minded.鈥 Prosecutors also argued he said he may still have material that hasn鈥檛 been released, which could be of 鈥渢remendous value to hostile nation states that could offer him safe harbor and attempt to facilitate his escape from the United States.鈥

Teixeira's lawyers wrote that there is no evidence their client 鈥渆ver carried his online conversations into reality or ever endangered any person in his community.鈥 They also said there's no evidence to suggest that Teixeira is so valuable that a foreign adversary would be willing to smuggle him out of the country.

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