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LIVEJack Teixeira charged over Pentagon leaks

April 19, 2023
14 Min Read

    • We’re wrapping up today’s coverage. Now that we know what Jack Teixeira is formally accused of, we can start looking ahead to his next scheduled court hearing on Wednesday.

      The 21-year-old has been charged with the unauthorised retention and transmission of national defence information, and the unauthorised removal and retention of classified documents. He’s not yet entered a plea.

      Want to keep reading? We’ve got you covered:

      Thanks to my colleagues in Washington and London for putting together today’s coverage: Madeline Halpert, James Harness, Aoife Walsh, Thomas Mackintosh, Michael Sheils McNamee and James FitzGerald.

    • Here’s where things stand for Jack Teixeira

      He has been charged with two crimes, with prosecutors alleging:

      • Teixeira first began posting leaked classified information on an unnamed social media network in December last year, according to a witness interviewed by the FBI
      • The initial leaks were in the form of paragraphs of text, but he then moved on to posting photographs of documents in January 2023
      • He faces up to 15 years in prison if found guilty on both counts
      • The first charge, “unauthorized retention and transmission of national defense information”, carries a maximum sentence of 10 years – while the second, “unauthorized removal and retention of classified documents or material”, has a five-year limit
      • The 21-year-old has held top security clearance since 2021 and has access to other classified programmes
      • Teixeira will have been required to sign a binding lifetime guarantee that he wouldn’t release information
      • He used his work computer to search classified intelligence reports for the word “leak” last week. The FBI says this indicates he was searching for reports over who the US intelligence community suspected of leaking the documents

    • Inside the courtroom

      Jack Teixeira appeared in federal court earlier today to learn the charges against him. No cameras were allowed inside, but this court sketch has recently emerged.

      Court sketch
      Copyright: Reuters

    • ‘White House failed to secure classified docs’ – House speaker

      A statement on the leaks and subsequent charging of Jack Teixeira has been issued by Republican House Speaker Kevin McCarthy.

      “The Biden administration has failed to secure classified information,” he wrote on social media.

      “Through our committees, Congress will get answers as to why they were asleep at the switch.”

      Kevin McCarthy
      Copyright: Reuters
      Image caption: Republican House Speaker Kevin McCarthy has responded to today’s events

    • Images of Jack Teixeira’s relatives outside court

      While Jack Teixeira was not seen entering or exiting John Joseph Moakley United States Courthouse in Boston on Friday, news cameras did catch his relatives.

      The pictures show a woman believed to be his mother, Dawn Dufault, and a man believed to be his stepfather, Thomas Dufault.

      A couple believed to be Dawn and Thomas Dufault outside court in Boston
      Copyright: Getty Images
      A couple believed to be Dawn and Thomas Dufault outside court in Boston
      Copyright: Getty Images
      A couple believed to be Dawn and Thomas Dufault outside court in Boston
      Copyright: Getty Images

    • Biden releases a statement

      President Joe Biden has released a statement on the charges against Jack Teixeira.

      “I commend the rapid action taken by law enforcement to investigate and respond to the recent dissemination of classified U.S. government documents,” he says.

      He insists that the “validity” of the leaked documents is still being established – but that military and intelligence officials have been told to “take steps to further secure and limit distribution of sensitive information”.

    • Could Teixeira actually go to prison for 15 years?

      We also asked lawyer Mark Zaid whether Teixeira would actually go to prison for 15 years, the maximum sentence he could face if found guilty on all counts.

      Statistically, Teixeira is much more likely to face just a few years in prison, Zaid says, because defendants in such cases often plead guilty. Such a plea could change Teixeira’s sentencing.

      Teixeira’s intent could also have an impact on how much time he might spend behind bars, he says. But Zaid noted that evidence suggests Teixeira’s motivation does not seem to have been altruistic.

      “The intent will definitely be taken into consideration, the age of him…but the damage is still the damage,” he said.

      A reminder that Teixeira has not yet entered a plea.

    • How did a 21-year-old access top secret material?

      We’ve been speaking to Mark Zaid, a lawyer who frequently works on cases about national security and classified information.

      Many of you have been asking how someone as young as the 21-year-old Teixeira got security clearance to allegedly access and then distribute the sensitive documents.

      There are a lot of people Teixeira’s age who can see classified information, Zaid explains – especially in the National Guard, which plays an important role in helping active duty servicemembers.

      But there is a question as to why Teixeira had access to documents that he likely had no need to access, Zaid says.

      “This is a continuing problem. It has been for decades.”

    • What do the leaked files look like?

      As we’ve been reporting, some of the US Pentagon documents leaked online have revealed information about Russia’s war in Ukraine.

      Here are some of the files – with redactions.

      Images of leaked documents related to the war in Ukraine
      Copyright: .
      Image caption: This document gives an assessment of Ukrainian air defences
      Images of leaked documents related to the war in Ukraine
      Copyright: .
      Image caption: This paper makes reference to the possibility of some Ukrainian defences being “depleted” by early May
      Images of leaked documents related to the war in Ukraine
      Copyright: .
      Image caption: And this one gives an estimate as to how many people have been killed in action on both sides – 35,000-43,000 on the Russian side, and 15,500-17,500 on the Ukrainian side

    • A history of American leaks

      Chelsea Manning
      Copyright: Getty Images
      Image caption: Chelsea Manning pictured in 2019

      Parallels have been drawn between this case and that of Chelsea Manning, the disaffected US intelligence analyst who gave hundreds of thousands of sensitive documents in 2009 to Wikileaks.

      These revealed how American soldiers had killed hundreds of civilians in unreported incidents in Afghanistan, and that 66,000 civilians had died in the Iraq war – more than previously reported.

      But America’s past of leaked information doesn’t stop there. Here are three other moments in history:

      • The Pentagon Papers, leaked in 1971, contained a secret study showing that the government had knowledge, early on, that it was unlikely the Vietnam War could be won
      • Then came the infamous Watergate affair in 1972, during which the FBI deputy director passed information to reporters. The journalists were investigating a cover-up over a burglary of the Democratic National Committee HQ – an act linked to President Nixon’s re-election campaign
      • In 1986 came the Iran-Contra affair. An Iranian Shia cleric revealed that the US had been selling arms illegally to Iran, with the help of Israel – despite an arms embargo and despite American support for Iraq in its war against Iran. The proceeds from the sales were used to help Contra guerrillas in their fight against Nicaragua’s left-wing government

    • What is Discord?

      Discord app logo photographed on a secreen
      Copyright: Reuters

      The leaked documents first appeared on Discord – but what is it?

      Launched in 2015, Discord is a free service that allows gamers to chat over video, audio calls or text messages.

      It rose in popularity among players of popular gaming titles including Fortnite, Among Us and Minecraft.

      Its website says that Discord is used by “tens of millions of people” over the age of 13 to discuss “many things, ranging from art projects and family trips to homework and mental health support”.

      It points out that the vast majority of servers are private, invite-only spaces for groups of friends and communities to stay in touch and spend time together.

      The Washington Post has reported that the group Jack Teixeira is thought to have shared the documents with was small, with roughly two dozen people in it, the US outlet said.

    • Analysis

      Worst US leak for 10 years

      Frank Gardner

      Security correspondent

      This is the worst leak of US intelligence for 10 years.

      Not since former National Security Agency employee Edward Snowden and former US Army soldier Chelsea Manning published classified documents has so much supposedly secret intelligence leaked into the public domain.

      The damage is on several levels. Russia now knows exactly what parts of its military intelligence are being eavesdropped on by the US. It will now move swiftly to plug those gaps.

      It’s also clear from the documents that Washington hasn’t just been spying on its enemies, it’s been spying on its friends too – like Ukraine, Israel and South Korea.

      Ukrainian troops fire towards front line amid heavy fighting near Bakhmut, Ukraine
      Copyright: Reuters
      Image caption: The scene yesterday near the front line in Bakhmut, Ukraine

      It appears that the US has been distributing highly sensitive intelligence to far too wide a circle of people.

      That will make some countries think twice before they can trust America with sensitive information.

      But, by far the most serious damage has been done to Ukraine.

      The leaked documents reveal what weapons Ukraine still has. And the conclusion is that it’s fast running out of air defence missiles.

      That tells the Kremlin that if Ukraine can’t resupply itself then it will be safe to unleash the Russian air force.

      This could potentially change the entire course of the war in Moscow’s favour.

    • What is the Air National Guard?

      Three military planes fly in the sky
      Copyright: Getty Images
      Image caption: Air National Guard planes perform a flyover in Maryland earlier this year

      As we’ve been mentioning, the man charged over the Pentagon documents leak – Jack Teixeira – is an employee of the Air National Guard (ANG), the reserve units of the US Air Force.

      The ANG’s members serve their local communities, but can also be called up for national duty. Teixeira’s employment is in Massachusetts specifically.

      ANG staff have the choice of serving part-time and can choose their role, which the military says makes the branch “unique”.

    • Timeline reveals posting of information

      From the complaint filed to the court by the US government, we have a better idea of the timeline of events.

      Some of the information the FBI gathered came from someone it calls “User 1”, described as a user of a “social media platform” (thought to be Discord).

      According to this person, “an individual” (alleged to be Teixeira) began posting to one particular server on the platform “in or about December 2022“.

      These posts were initially paragraphs of text, but “in or around January 2023“, that person “began posting photographs of documents” with US government markings.

      According to a US government agency, there is a record of a document “accessed by Teixeira in February 2023” – one day before User 1 reposted the information elsewhere.

      A second US government agency had records of Teixeira using his government computer to search classified intelligence reporting for the word “leak” on 6 April.

      The document then shows the net tightening on Teixeira as the FBI began to close in on him. The “social media platform” provided information to the FBI “on or about April 12, 2023″ which assisted the process.

      On 13 April, User 1 spoke to the FBI and identified a vehicle he believed to belong to Teixeira.

      Teixeira was arrested on 13 April, before appearing in court today.

    • Teixeira faces up to 15 years in prison

      Jack Teixeira
      Copyright: Jack Teixeira social media

      Teixeira could be looking at 15 years in prison if found guilty on all counts. In today’s hearing, he was charged with unauthorised retention and transmission of classified documents or materials.

      He faces up to 10 years in prison for the first charge, and a maximum of five years behind bars for the second charge of transmitting classified materials, the judge said.

      Teixeira will be held until a detention hearing set for next Wednesday. He’s not yet entered a plea.

    • WATCH: Why are the leaks so damaging?

      Video content

      Video caption: Jack Teixeira: How damaging are US intelligence leaks?

      Ahead of Teixeira’s courtroom appearance, BBC security correspondent Frank Gardner examined the implications of this leak of highly-classified military information.

      Dozens of sensitive documents revealed US assessments of the war in Ukraine as well as sensitive secrets about American allies.

    • Dad shouted ‘love you’ to son as hearing ended

      Jack Teixeira's parents leave the courthouse on Friday
      Copyright: BBC
      Image caption: Jack Teixeira’s parents leave the courthouse on Friday

      As the hearing came to a close and authorities took Teixeira away, a man seated in the front row of the courtroom shouted “love you, Jack” – according to BBC’s US partner CBS News.

      Teixeira did not look at the man, but responded, “you too, dad.”

    • Parents leave court

      Jack Teixeira's father leaves a court in Boston - surrounded by reporters
      Copyright: BBC

      Teixeira’s parents are seen walking out of the coutroom and are being swarmed by the media. They are not answering press questions. You can stream live at the top of the page.

    • ‘Suspect was concerned over making transcriptions at work’

      More details now from that complaint document.

      It says an account believed to be connected to Teixeira expressed concern to another chatroom user that he could be discovered making transcriptions of classified text in the workplace.

      In an interview with the FBI, the user alleged that he spoke to the suspect various times over video chat, voice calls, or the chat function.

      According to the user, the suspect “began taking the documents to his residence and photographing them”.

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