Teixeira’s Case is Unusual Even in the Small World of Leak Cases

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Teixeira’s Case is Unusual Even in the Small World of Leak Cases
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It is hard to predict how the case against Jack Teixeira, both because the matter is still very preliminary and because the facts are so unusual that there is limited value in comparing it to the general pattern of leak cases.

It is hard to predict how the case against Jack Teixeira, the 21-year-old Air National Guardsman accused of leaking classified documents to friends on a gaming server, will play out — both because the matter is still very preliminary and because the facts are so unusual that there is limited value in comparing it to the general pattern of leak cases.

For example, leak-related cases have often been resolved by plea deals. Prosecutors have an incentive to avoid a trial so the government does not have to deal with the legal and bureaucratic problems from discussing classified evidence in open court. Joshua Schulte, a former CIA computer programmer, was accused of sending highly classified files about agency hacking tools to WikiLeaks. Schulte went to trial and was found guilty last year by a jury; he has not yet been sentenced.

A related question is where he will be prosecuted. Teixeira was arrested in Massachusetts, and the case is playing out there. But it would not be surprising if the Justice Department eventually were to seek to prosecute him in the Eastern District of Virginia, which is home to the Pentagon — the victim agency.

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