Classified evidence keeps pushing accused military secrets leaker Jack Teixeira court hearings

A flood of classified evidence in the case of accused military secrets leaker Jack Teixeira continues to push public hearings in the case down the road.

“Because classified discovery is still ongoing, the parties believe that it is premature to set any deadlines under the Classified Information Procedures Act, and a continuance of the pretrial conference is warranted,” federal prosecutors wrote in a memo dated today.

Prosecutors accuse Teixeira, a Dighton man in his early 20s, of abusing his security clearance as a Massachusetts Air National Guardsman to share more than 40 images of classified documents largely regarding the war in Ukraine to the roughly 50 members of a Discord server he led. A “server” is what the gaming-dominated social media platform Discord calls individual groups or forums.

The motion, to which the defense counsel has already agreed, asks that the next pretrial conference be moved from Feb. 9 — which is a date that had already been kicked out from last month — to March 4. Likewise, federal Magistrate Judge David H. Hennessy last week allowed another continuation of the case’s final status conference from that week to a virtual hearing scheduled for Feb. 20.

Teixeira was arrested last April on charges of unauthorized retention and transmission of national defense information and unauthorized removal and retention of classified documents or material. A federal grand jury last June indicted him on six counts of willful retention and transmission of national defense information. Hennessey ordered him detained ahead of trial and maintained that order despite a flurry of appeals from defense attorneys.

The case against Teixeira is a complicated one in that the evidence against Teixeira is chock full of classified military secrets. Sharing such materials is governed by the Classified Information Procedures Act, which stipulates protective orders be filed on all such documents and otherwise emphasizes the protection of such information from public view.

Teixeira is represented by attorneys Brendan Kelley and Gene Franco of the Federal Public Defender Office located in Boston’s Seaport. Those lawyers lacked the security clearances necessary to review the classified documents at the heart of the matter so private New York City-based attorney Michael Backrach was appointed just before the indictment to help on the delicate requirements of such a case. Backrach’s prior cases include representing a Guantanamo Bay detainee.

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