The 22-year-old perpetrator of one of “the most significant leaks of classified documents and information in United States history” could see a sentence next month that would place him in federal prison well into his 30s.
The FBI arrested Jack Teixeira, of North Dighton, in April of last year and charged with six counts of willfully retaining and transmitting national defense information, with prosecutors saying he shared “Top Secret” military documents to a cadre of online video gamers. He entered into a plea agreement in late February of this year and finalized it by pleading guilty days later on March 4.
From his enlistment in the Air National Guard in 2019 until his arrest, the lifelong Massachusetts resident was employed as a Cyber Defense Operations Journeyman at Otis National Guard Base in Cape Cod, where he would provide technical support for computers with access to military secrets.
Memos filed by prosecutors and defense attorneys this week show a greater than five-year gulf in their recommended sentences. Sentencing is scheduled for Nov. 12 at 2:30 p.m. in federal court in Boston before Judge Indira Talwani.
The defense recommended a sentence of 132 months, or 11 years, whereas the prosecution recommended a sentence of 200 months — or 16 years and eight months — citing not only the need for Teixeira’s adequate punishment but to deter anyone else from even considering similar actions.
“Teixeira is responsible for engaging in one of the most significant leaks of classified documents and information in United States history,” prosecutors Nadine Pellegrini, Jared Dolan, Jason Casey, Matthew Olsen and Christina Clark wrote in their memo. They added “(T)he Court is also obligated to consider the issue of general deterrence, which is particularly important as applied to convictions under the Espionage Act. … Trust is essential to the effective functioning of the Intelligence Community. There must be significant consequences when that trust is breached.”
Prosecutors say that the evidence shows not only that Teixeira leaked information to members a Discord server — which is what the gaming-dominated social media platform calls forums — that caused “exceptionally grave damage to the national security of the United States” but that he was well aware throughout the 14-month span of his crimes that they were wrong, that he could face huge repercussions, and that he was in violation of his oath. They say these factors are further exacerbated by his efforts to destroy evidence just ahead of his arrest.
“Teixeira violated his oath, almost every day, for over a year,” the memo states. “The defendant’s repeated criminal conduct — in complete disregard of his oath, trainings, signed agreements, and admonitions to cease and desist reviewing classified information unrelated to his duties — was a profound breach of trust that had enormous consequences.”
The defense countered that any understanding of Teixeira “must begin with recognition of his disabilities,” adding that he is autistic and detailing how this affects his views and actions. Defense attorneys Brendan Kelley and Michael Bachrach wrote that to understand those disabilities, “his conduct — both good and bad — take on a different light than an individual not burdened with the same limitations.”
“He is autistic and was isolated. His world was online — playing video games, posting memes, making deep friendships he could never make in high school,” they wrote. “His intent was never to harm the United States. Instead, his intent was to educate his friends about world events to make certain they were not misled by misinformation. To Jack, the Ukraine war was his generation’s World War II or Iraq, and he needed someone to share the experience with.”
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