Crime & Safety

NSA Worker Deemed Flight Risk, Held in Theft of Classified Materials (Update)

An NSA contractor from Glen Burnie, MD, may have stolen top-secret documents for 20 years; federal judge calls him flight risk.

UPDATED at 5:35 p.m. Friday: FORT MEADE, MD — A Maryland contractor working for the National Security Agency — who faces federal charges for allegedly stealing "highly classified computer codes" for 20 years — will remain in jail while he faces prosecution for taking top-secret materials for 20 years, federal authorities say.

Suspect Harold Thomas Martin III, 51, of Glen Burnie, worked for Booz Allen Hamilton, headquartered in Tysons Corner, Virginia, according to the U.S. Department of Justice. Security officials described Martin as a "weirdo" who had secreted top-secret classified documents and computer devices at his home, in two storage sheds and in his car. Although he has not been charged with espionage, prosecutors said in court that those criminal charges will likely come.

U.S. Magistrate Judge A. David Copperthite ruled Friday that Martin is a flight risk who had gathered government information over two decades that “enemies would love to explore,” the Associated Press reports.

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In court Friday, his attorneys said that Martin didn't look at most of the papers, that he began taking them home to study for work purposes, but then turned into an obsessive hoarder, National Public Radio reports. There is no indication that Martin intended to betray his country by selling the classified information, the defense said.

Prosecutors argued that Martin's "crimes reflect a willingness to routinely betray the trust of the nation, and there is no reason to believe that, if released, the Defendant will have any greater regard for any trust placed in him by the Court," NPR says.

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The Justice Department claims the information Martin allegedly took would be of "unprecedented value to the enemies of the United States," WJZ reports. They say the material he stole is extremely damaging to national security, and that Martin is not being fully truthful about his crimes.

The Navy veteran was arrested Aug. 27 and the criminal complaint unsealed on Oct. 5. But a court hearing Thursday disclosed that Martin may have been taking home classified documents since 1996, and prosecutors want him kept in jail while his case proceeds.

The Justice Department said it anticipates filing more charges against Martin, including under the Espionage Act, which often carry prison terms of 10 years per charge. Documents filed in court Thursday show the Justice Department is worried Martin is or could be in contact with a foreign government, CBS News reports. Prosecutors claim Martin has had online communication with Russia and, if freed, “could seek refuge with a foreign government willing to shield him from facing justice.”

His attorneys say Martin never intended to hurt his country and he does not pose a danger or a flight risk.

“Given the nature of his offenses and knowledge of national secrets, he presents tremendous value to any foreign power that may wish to shelter him within or outside of the United States,” prosecutors said.

So far, court documents don’t specify what Martin is accused of doing with the information that he took, which is used to hack the computer networks of foreign governments.

A criminal complaint charges Martin with theft of government property and unauthorized removal and retention of classified materials by a government employee or contractor. According to an affidavit, Martin was a contractor with the federal government and had a top-secret national security clearance.

The alleged theft is an echo of the 2013 case of Edward J. Snowden, another Booz Allen Hamilton contractor for the NSA, who passed reams of documents to journalists, says The New York Times. The leaked documents unveiled the reach of NSA surveillance programs around the world and led Snowden to be charged with espionage. He is living in an undisclosed location in Russia.

NSA officials told ABC News that Martin is "more weirdo than whistleblower,” but he has not been charged with the more serious crime of espionage.

Martin's attorney, Jim Wyda, said there is “no evidence Hal Martin intended to betray his country.”

“What we do know is that Hal Martin loves his family and his country. He served our nation honorably in the United States Navy, and he has devoted his entire career to serving and protecting America. We look forward to defending Hal Martin in court,” Wyda said.

Martin’s wife, Deb, told CBS News, “I have absolutely no comment on the matter and that I am standing by my husband and that I love him very much.”

According to the affidavit, the search of Martin’s residence, including two storage sheds and his vehicle, turned up hard copy documents and digital information stored on various devices and removable digital media. Most of the materials investigators removed from Martin’s residence and vehicle were the property of the United States and contained highly classified information, including top-secret and sensitive compartmented information.

Investigators also located federal property with a total value of more than $1,000, which Martin allegedly stole, the FBI says.

Among the classified documents found in the search were six classified documents obtained from sensitive intelligence and produced by a government agency in 2014, authorities say. These documents were produced through sensitive government sources, methods and capabilities, which are critical to national security issues, prosecutors claim.

"Unauthorized disclosure reasonably could be expected to cause exceptionally grave damage to the national security of the United States," federal officials said.

If convicted, Martin faces a maximum sentence of one year in prison for the unauthorized removal and retention of classified materials, and 10 years in prison for theft of government property. Martin remains detained.

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