An Air National Guardsman accused of leaking classified documents online is asking a federal judge to treat him like former President Trump and allow him to be released ahead of his trial.
Attorneys for Jack Teixeira argued in a motion filed Monday that the government’s efforts to keep the 21-year-old detained are “squarely undermined” by its “reasoned decision” not to seek pretrial detention for Trump or his personal aide, Walt Nauta.
Each of the cases involve the alleged mishandling of classified information and conspiracy to obstruct justice, the filing reads.
Teixeira’s attorneys also argued that the government has said the former president had access to “the most sensitive classified documents and national defense information gathered and owned by the United States government” — plus multiple properties abroad and a private plane. Despite that, Teixeira’s lawyers say, the government agreed to let Trump remain free ahead of his trial “without any suggestion” he might be a serious flight risk.
“The government’s disparate approach to pretrial release in these cases demonstrates that its argument for Mr. Teixeira’s pretrial detention based on knowledge he allegedly retains is illusory,” Teixeira’s attorneys wrote.
U.S. Magistrate Judge David Hennessy ruled in May that releasing Teixeira would pose the risk he’d flee the country or obstruct justice, pointing to his “fascination with guns,” online statements and the reprimand by his military superiors over his handling of classified information ahead of his arrest.
Teixeira has pleaded not guilty to six counts of willful retention and transmission of national defense information, stemming from alleged violations of the Espionage Act. He was arrested in April after allegedly leaking classified military documents on Discord, an online messaging platform popular among video game players.