Jack Teixeira was ordered to detention in May while awaiting his trial. However, he and his lawyers have filed an appeal asking the court to rethink their judgment, citing when the court granted the former president and his aide’s parole.
Presiding Magistrate Judge David Hennessy referred to him as a threat for mishandling and leaking classified documents in regards to the Russia-Ukraine war among others, charging him under espionage and calling him a “flight of risk.”
They’re concerned he might flee the country before his trial. However, his lawyers disagree with this decision – pointing out their handling of former president Donald Trump and his personal aide Walt Nauta’s cause, who were similarly charged with espionage.
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Teixeira’s Lawyers’ Arguments
They argue that despite them falling under flight of risk, Trump owning a private plane and other assets, they weren’t viewed as one by presiding Special Counsel Jack Smith, or required them to surrender their passports. In the two cases, both pleaded not guilty.
His lawyers highlighted that this shows that their approaches on pretrial detention are inconsistent, and their argument for Teixeira’s case of detention is just an illusion. Therefore, Teixeira would also be entitled for release rather than being detained.
In a report, they mentioned former FBI agent Kendra Kingsbury and veteran Robert Birchum – both charged under espionage as well didn’t receive pre-trial detention despite their similar crime’s severity.
They place these cases as evidence that the government lacks proof that Teixeira would become an international fugitive. They also added that he doesn’t have a stable income to support himself or allow him to flee the country.
The lawyers add that they also lack proof that he’s dangerous to anyone or the community, citing that despite previous instances there isn’t anything to show he’ll continue and are wishing to give him reconsideration for a much appropriate condition for him.
Source: CNN, New York Post
