A federal judge on Friday ordered a former National Security Agency (NSA) [official website] contractor accused of stealing classified government documents to remain in custody while awaiting trial. The judge said [WP report] of the former NSA agent, Harold Martin III, “I find by a preponderance of the evidence that the defendant does pose a risk of flight.” The prosecution had argued Martin potentially poses an “immediate and irrevocable” danger to US national security and, as such, Martin should remain in custody. Alternatively, Martin and his defense counsel maintained that Martin is merely a “compulsive hoarder,” not a traitor, and insisted he posed no flight risk. While the judge’s decision was limited only to the matter of continued detention, he stated he would have found “clear and convincing” evidence that Martin’s actions were dangerous. The Department of Justice (DOJ) [official website] has released that it will likely bring charges against Martin under the Espionage Act.
Martin was arrested in August on charges that he stole government property, including classified documents, according to a criminal complaint [text, PDF] unsealed earlier this month. The complaint alleges that Martin, who had a top national security clearance, removed hard copy as well as digital copies of top secret classified documents, many of which were from 2014, from the government agency with which he was employed. The documents, as well as some stolen items from the agency totaling approximately $1000 [DOJ press release], were found at his residence upon the execution of a search warrant.