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Prosecutors Say NSA Contractor Could Flee To Foreign Power (go.com)

An anonymous reader quotes a report from ABC News: The NSA contractor accused of stealing a gargantuan amount of sensitive and classified data from the U.S. government was studying Russian before he was arrested and would be a "prime target" for foreign spies should he be released on bail, prosecutors argued ahead of a court hearing for Harold Martin, III, today. The government said it is "readily apparent to every foreign counterintelligence professional and nongovernmental actor that the Defendant has access to highly classified information, whether in his head, in still-hidden physical locations, or stored in cyberspace -- and he has demonstrated absolutely no interest in protecting it. This makes the Defendant a prime target, and his release would seriously endanger the safety of the country and potentially even the Defendant himself." Prosecutors noted that Martin purportedly communicated online "with others in languages other than English, including in Russian" and that he had downloaded information on the Russian language just a couple months before he was arrested in August. Martin's attorneys, however, said in their own court filing Thursday that there is still no evidence he "intended to betray his country" and argued that he was not a flight risk. All the talk of foreign spies and potential getaway plans, the defense said, were "fantastical scenarios." Martin's defense team said in part: "The government concocts fantastical scenarios in which Mr. Martin -- who, by the government's own admission, does not possess a valid passport -- would attempt to flee the country. Mr. Martin's wife is here in Maryland. His home is here in Maryland. He hash served this country honorably as a lieutenant in the United States Navy, and he has devoted his entire career to serving his country. There is no evidence he intended to betray his country. The government simply does not meet its burden of showing that no conditions of release would reasonably assure Mr. Martin's future appearance in court. For these reasons, and additional reasons to be discussed at the detention hearing, Mr. Martin should be released on conditions pending trial."

UPDATE 10/21/16: Slashdot reader chromaexursion writes: "Harold Martin was denied bail. The judge agreed the the prosecution in his decision."

44 comments

  1. He hash served this country honorably by turkeydance · · Score: 1

    tagged too

    1. Re:He hash served this country honorably by Anonymous Coward · · Score: 0

      Hash is good, when smoked in a bong with cherry kool-aid.

    2. Re:He hash served this country honorably by Anonymous Coward · · Score: 1

      What a weird time to do a Sean Connery impression..

  2. Better safe than sorry by 110010001000 · · Score: 1

    ...use a full clip to be extra safe.

  3. Okay. by Anonymous Coward · · Score: 0

    And the problem with this is?

    ;)

  4. It's a shame... by Anonymous Coward · · Score: 0, Troll

    It's a shame he isn't running for President, then. The government would wait months to even question him.

  5. Flee to another country by ChrisMaple · · Score: 2

    Do you know what it takes to flee to another country? Go to the Mexico border at any of the well established public border crossings and walk across, along with hundreds of other people. No fuss, no problem.

    --
    Contribute to civilization: ari.aynrand.org/donate
    1. Re:Flee to another country by nedlohs · · Score: 1

      You expect him to not try for bail?

    2. Re:Flee to another country by PrimaryConsult · · Score: 2

      Yup they have a subway style one way turnstile to get to Mexico at San Ysidro / Tijuana. The Mexican gov't has some scary looking guys with assault rifles checking bags, but if you have no bags you can just walk right past without needing to even say hello (or hola). You'll be eating fresh churros before the trolley that took you to the border has even left for it's return trip. With a few hundred Benjamins in your pockets you'll be set for a few months.

      That said, you'd better have a strategy for getting out of Mexico asap. The Federales love to find American fugitives and turn them in. IIRC the 'affluenza' teen and his mom were caught down there...

    3. Re:Flee to another country by Anonymous Coward · · Score: 0

      But he has already emigrated in his mind! He communicated in languages other than English! That's one step away from high treason.

  6. What? by 93+Escort+Wagon · · Score: 1

    "... prosecutors argued ahead of a court hearing for Harold Martin, III, today. "

    Why the heck is there a comma between "Martin" and "III"? Trying to interpret where the error is in that sentence fragment introduces various possibilities for interpretation, especially with a sans serif font.

    - Is he the third person of that name in his family?

    - Is he ill?

    - Is he from Illinois?

    - Is he, in fact, an extremely young and very precocious child?

    --
    #DeleteChrome
  7. He's an obvious risk by Anonymous Coward · · Score: 0

    You need a passport to stroll up to an embassy and claim asylum/defect?

    Disingenuous of his defense to claim a lack of a passport diminishes flight risk. We're not complete idiots.

    1. Re:He's an obvious risk by quantaman · · Score: 1

      You need a passport to stroll up to an embassy and claim asylum/defect?

      Disingenuous of his defense to claim a lack of a passport diminishes flight risk. We're not complete idiots.

      And how do you then get him out of the country? Is living out the rest of his life in an embassy really a preferable alternative to standing trial and spending some time in jail?

      The bigger risk is a state actor (ie Russia) uses some real spy craft to sneak him out of the country and bring him to Moscow.

      --
      I stole this Sig
    2. Re:He's an obvious risk by AHuxley · · Score: 1

      Re "And how do you then get him out of the country?"
      Like "https://en.wikipedia.org/wiki/József_Mindszenty" József Mindszenty , if you can get to a great embassy your safe.
      "... he was freed in the Hungarian Revolution of 1956 and granted political asylum by the United States embassy in Budapest, where Mindszenty lived for the next fifteen years"
      Having a person be fully protected in an embassy becomes a great political talking point and keeps the reason as to why in focus.

      --
      Domestic spying is now "Benign Information Gathering"
    3. Re:He's an obvious risk by Anonymous Coward · · Score: 0

      Yes. Some people would rather die or live in a box in the sewers then go to jail or "court".
      Its worse than being kidnapped, forced to listen to and repond to insanity.. criminals who murder kidnap stalk and insert themselves into anything they want to put you in a box and you disappear after being tortured in a "court". Embassy living (internet, access to the actual world, food, not being force fed rectally by brokeback mountain trump deputies.. maybe you are really that oblivious to what court, jail etc are... its not like the assholes who act like its nothing say its like. You get TV? hah. You get to read books? hah. You can get a college education? haha seriously. Its industrialised torture and the leverage it gives the monster over all its children are grotesque at best, and is what barbarian punishment for being naughty is getting something exponentially worse to learn em good!

    4. Re:He's an obvious risk by Anonymous Coward · · Score: 0

      Nobody wants your defective opinions on prison being privatized torture, you filthy conservative. I trust the NSA to know more about this kinda stuff than some random person on the internet, and if they think talking to people online in languages other than American is suspicious, then that's good enough for me. But then, I don't want foreigners interfering with our great country's elections.

    5. Re:He's an obvious risk by quantaman · · Score: 1

      Re "And how do you then get him out of the country?"

      Like "https://en.wikipedia.org/wiki/József_Mindszenty" József Mindszenty , if you can get to a great embassy your safe.

      "... he was freed in the Hungarian Revolution of 1956 and granted political asylum by the United States embassy in Budapest, where Mindszenty lived for the next fifteen years"

      Having a person be fully protected in an embassy becomes a great political talking point and keeps the reason as to why in focus.

      Great for Russia, not so much for Harold Martin.

      Once he walks into that embassy the only way he's leaving is in a hearse or a police car.

      --
      I stole this Sig
    6. Re:He's an obvious risk by Anonymous Coward · · Score: 0

      Then maybe you shouldn't interfere in theirs.
      Or constantly try to overthrow their governments, can't get much more blatant than that.

    7. Re:He's an obvious risk by Anonymous Coward · · Score: 0

      What language is "American" ?

      Gnome sayin' ?

      Word.

    8. Re: He's an obvious risk by Anonymous Coward · · Score: 0

      Is living out the rest of his life in an embassy really a preferable alternative to standing trial and spending some time in jail?

      I suppose that depends on conditions at the embassy, which I admit to being ignorant of, but suspect it is likely not as bad as prison.

      Does the embassy staff sexually abuse their guests, followed by water boarding them, and keeping them in a 5x5 foot cement cell too small to even laydown fully in, with no lights or food and only given water three times a day?

      Of course the above is assuming the guards aren't doing any other forms of illegal torture which they can do with impunity, since it is pretty much impossible to get caught.
      It's legal to deny the prisoner being seen by anyone, such as legal representation, family, friends, and the press.

  8. More anti-russia BS by Anonymous Coward · · Score: 0

    and yet, people still fall for it.

  9. Studying Russian by AHuxley · · Score: 1, Troll

    is now a crime along with studying privacy and encryption software?
    Given the flow of "Russian" related stories on slashdot, would studying Russian not now be the trending language to get a promotion in the NSA?
    Or at least have some skills on show to fend off been replace by a contractor?
    Is the NSA and GCHQ now tracking educational Russian language sites like it did crypto sites?
    How the NSA Targets Tor Users (July 4, 2014)
    http://motherboard.vice.com/re...
    Was XKeyscore or its upgrade now tasked to watch Russian language sites?

    --
    Domestic spying is now "Benign Information Gathering"
    1. Re:Studying Russian by Anonymous Coward · · Score: 0

      Studying Russian is now a crime

      Two presidents ago we went to war to secure a president's legacy. Two presidents before that another. Two presidents before that still another. Now we are going to go to war again so the sitting president can have a paragraph written about them in history books. The only surprise is the target. Why Russia? Iran didn't take the bait over the last two years. North Korea has been embarrassing itself from failed satellites to failed ICBM tests. Putin is full of machismo that does not allow him to back down or show weakness.

      Expect the anti-Russian sentiment to continue to ramp up over the coming months the same way anti-Iraq rhetoric was ramped up. The same way anti-Vietnam rhetoric was ramped up. Worthless war is on the horizon again for the glory of our betters.

    2. Re:Studying Russian by tsqr · · Score: 1

      Given the flow of "Russian" related stories on slashdot, would studying Russian not now be the trending language to get a promotion in the NSA? Or at least have some skills on show to fend off been replace by a contractor?

      You might have a point, if he wasn't already a contractor rather than an employee. If he was an NSA employee wanting to learn Russian and the NSA wanted him to learn Russian, the NSA would pay him to learn Russian.

    3. Re:Studying Russian by Anonymous Coward · · Score: 0

      But he was talking to people online in foreign languages. You don't support foreigners interfering with our great country, do you?

    4. Re:Studying Russian by Narcocide · · Score: 1

      The difference between this and Vietnam, is that people on both sides want to see it happen.

    5. Re:Studying Russian by Anonymous Coward · · Score: 0

      So, he has no right to learn Russian unless his employer want him to? Home of the free, indeed...

  10. In a car,ship, or plane. Coming back is harder by raymorris · · Score: 1

    > And how do you then get him out of the country?

    You only need a passport to *leave* the United States if you want to go by scheduled commercial air service (American Airlines, Delta, etc.) Russia has quite a few Gulfstream and Bombardier jets they could give him a ride on, and most of those aren't stationed in Russia - they are around the world, including in the US.

    As someone else mentioned, he can also walk or drive across the border to mexico, and probably to Canada. getting back into the US from Mexico is when you need ID.

    1. Re:In a car,ship, or plane. Coming back is harder by Anonymous Coward · · Score: 0

      The US also has no exit checks. Even using a boat to board a ship would work.

    2. Re:In a car,ship, or plane. Coming back is harder by PrimaryConsult · · Score: 1

      Canada does ID and interview everyone who comes in, and there are sensors all along the border looking for illegal crossings. A lot of it is to prevent Canadians from smuggling goods home without the proper taxes (the joke is the CBSA is an extension of the Canadian Revenue Agency). As an American entering Canada the most common question you get is "are you going to be meeting any Canadians, and leaving any goods with them?"

  11. Flight risk by chromaexcursion · · Score: 1

    One of the conditions of bail being granted is risk of flight.
    Given the example of Snowden, the risk of flight is incredible. No amount of bail could keep him in this country.

    1. Re:Flight risk by rahvin112 · · Score: 1

      From all the press reports I've read this guy took classified information home simply because he was working from home. There is no evidence he ever intended to release any of the information nor that he intended to do anything with it other than his job. The government wants to make an example out of him because of Snowden but by all appearances the guy was just incompetent at his job by doing stuff he shouldn't have done.

      He should be punished for what he did as it exposed the country to great risk with over a terabyte of classified data at his house but there's no evidence he ever spied or intended to and we shouldn't roast this guy just because the government can't get the guy they are really angry with (snowden). The government's admitted in previous statements that they believe the guy had no nefarious intent and was simply incompetent.

    2. Re:Flight risk by TheGratefulNet · · Score: 1

      nothing the NSA does will 'expose the country to great risk'.

      that's bullshit.

      but keep believing the lies the authorities tell you.

      the age of 'spy vs spy' is over. lets please move on and end this crap, already.

      --

      --
      "It is now safe to switch off your computer."
    3. Re:Flight risk by johannesg · · Score: 1

      Funny, here I was thinking people were to be judged based on their own actions, not those of others. Will he also be sentenced for whatever crimes Snowden has committed, do you think?

    4. Re:Flight risk by Anonymous Coward · · Score: 0

      From all the press reports I've read this guy took classified information home simply because he was working from home.

      I don't know, if I were caught trying to exfiltrate information from my employer I'd try that excuse, too. I can't say that he's guilty of espionage (or attempted espionage) but I don't consider "I was just trying to work from home" to be in any way exculpatory.

  12. Next President by ninthbit · · Score: 2

    Why flee.... It sounds like he's a good candidate to be our next President. Did he at least store the data on a sever that has Internet access?

    Oh oh... His defense could be that he didn't want it to get accidentally deleted by the next administration. He was creating a backup!!!

  13. Can we just wait & see by stabiesoft · · Score: 1

    The government took prudent action in denying bail until more info is discovered. If all the guy did was bring classified home to work at home, he'll get a good slap of a year in prison or something along those lines. But if he really did or plan to deliver classified to a foreign country, the limit is death. I worked at a defense contractor at one point and they made it crystal clear the death penalty is on the table if you start spying for other countries.

    1. Re:Can we just wait & see by johannesg · · Score: 1

      If all the guy did was bring classified home to work at home, he'll get a good slap of a year in prison or something along those lines.

      He could always decide to run for president...

  14. Imagine the scene... by matbury · · Score: 1

    It's easier to understand the allegations of flight risk if we picture that the statements were concocted in a scene much like this one: http://www.popoptiq.com/wp-con...

  15. Meanwhile, no arrest of Clapper for perjury by Anonymous Coward · · Score: 0

    Two different sets of laws in this country. I'm disgusted.

  16. Contractors by dcavanaugh · · Score: 1

    It important to remember that Edward Snowden was a contractor. Why did he work for NSA as a contractor instead of a regular employee? Because he had no degree. Such people are generally shunned by HR managers. But if they have the right skills, hiring managers will often use contractor status to circumvent their own HR dept.

    Thanks to a number of lawsuits, most employers have mandatory time limits for contractors, typically 1-3 years. Although many employers promote their best contractors to regular employment, HR often balks at waiving a degree requirement, even for people who are doing excellent work without one.

    All contractors know (or should know) how much time they have on the clock. Once they understand the time limit, every contractor needs an exit strategy in case the employer declines to offer full-time employment when the time limit expires.

    Whatever Snowden did, he did it with the understanding that his time at NSA was limited, and crossing over to full-time employment was going to be a challenge. In other words, he had nothing to lose.

    If employers didn't have to use contract employment to circumvent their self-imposed budget and HR obstacles, you wouldn't see so many contractors with incentives to take secrets put the door.

    I'm wouldn't be surprised to see this scenario repeated many times at the NSA.

    1. Re: Contractors by Anonymous Coward · · Score: 0

      Remember Snowden was a government employee at the cia (source: internet) before he quit and went contractor presumably for more money or more access to do damage to the united states. So his stealing secrets has nothing to do with his lack of degree or contractor to staff opportunities.