Woman Charged in Submarine Secrets Case Will Stay in Custody

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Politics|Woman Charged successful Submarine Secrets Case Will Stay successful Custody

https://www.nytimes.com/2021/10/22/us/politics/submarine-spy-secrets.html

Prosecutors utilized substance messages to reason that Diana Toebbe and her hubby had discussed leaving the state years ago.

In national  tribunal  successful  Martinsburg, W.Va., connected  Wednesday, Diana Toebbe challenged the prosecution’s petition  that she proceed  to beryllium  held without bail. A justice  ruled against her.
Credit...Jose Luis Magana/Associated Press

Julian E. Barnes

Oct. 22, 2021Updated 10:30 a.m. ET

WASHINGTON — A national magistrate justice ordered the continued detention of the woman of a Navy atomic technologist connected charges she participated successful a crippled to merchantability American submarine secrets to a overseas country.

In an bid confining Diana Toebbe to the custody of U.S. Marshals, Magistrate Judge Robert W. Trumble noted video grounds presented by prosecutors that she was a consenting subordinate successful dropping classified documents successful a dormant driblet acceptable up by undercover F.B.I. agents and cited substance messages betwixt her and her hubby successful 2019 astir leaving the country.

“The value of the grounds against suspect Diana Toebbe is strong,” the justice wrote successful his order, which helium signed Thursday.

The magistrate justice besides said that the authorities had not recovered either the afloat trove of documents the Toebbes were accused of trying to merchantability to a overseas authorities oregon the wealth provided to them by undercover F.B.I. agents.

The Toebbes pleaded not blameworthy this week to charges that they conspired to merchantability secrets of the Navy’s nuclear-powered Virginia-class onslaught submarines to a overseas country. In a detention proceeding that followed, Mr. Toebbe did not contention the government’s efforts to confine him, but Ms. Toebbe’s lawyers mounted vigorous effort to person her freed earlier her trial.

In the tribunal proceedings, prosecutors argued that the Toebbes had been considering fleeing the state for years. In the order, the justice highlighted encrypted substance messages recovered connected the couple’s phones aft the F.B.I. raid.

“We’ve got passports, and immoderate savings. In a existent pinch we tin fly quickly,” Jonathan Toebbe wrote, connected March 7, 2019. Responding connected the aforesaid day, Ms. Toebbe wrote: “Right. Let’s spell sooner than later.”

In a proceeding this week, Ms Toebbe’s lawyer, Edward B. MacMahon Jr., said the thought that Diana Toebbe was preparing to fly the state was rebutted by 1 wide fact: She and her hubby had fto their passports expire successful February 2020.

Mr. MacMahon argued that with tribunal monitoring, Ms. Toebbe was small menace to flee. Continuing to detain Ms. Toebbe would endanger her health, helium said, and her 2 children needed the attraction of a parent.

But prosecutors said they had not recovered the $100,000 successful cryptocurrency that undercover F.B.I. agents gave the Toebbes portion they were gathering grounds against them. Until the wealth was found, they argued, Ms. Toebbe would person the means to escape.

The justice sided with the prosecutors, saying helium was unconvinced by the defence statement that monitoring could guarantee Ms. Toebbe would stay successful the United States. Judge Trumble wrote successful his bid that Ms. Toebbe was a formation hazard and should beryllium detained for that alone.

He noted the 2019 substance connection from Ms. Toebbe to her husband, urging them to marque plans to permission the country.

“Although suspect has nary anterior transgression history, the quality and circumstances of the charges against her and her actions show that suspect is simply a information to each assemblage and to our nationalist information by wide and convincing evidence,” the justice wrote.

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