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DOJ Charges Former FBI Agent For Allegedly Leaking ‘National Defense Information’

DOJ Charges Former FBI Agent For Allegedly Leaking ‘National Defense Information’

Second member of the intel community busted for allegedly leaking info to The Intercept

Terry James Albury was charged by the Department of Justice under the Espionage Act this week.

Albury, who worked as a counterterrorism liaison for the Minneapolis–St. Paul International Airport was, “charged this week by the Justice Department’s National Security Division with one count of “knowingly and willfully” transmitting documents and information relating to national defense to a reporter for a national news organization. Albury was also charged with a second count of refusing to hand over documents to the government,” according to MPR.

From MPR:

The Justice Department has vowed to crack down on leaks that it contends undermine national security.

Albury’s attorneys, JaneAnne Murray and Joshua Dratel, said in a statement that their client, the only African-American FBI field agent in Minnesota, was “driven by a conscientious commitment to long-term national security and addressing the well-documented systemic biases within the FBI.”

“Terry Albury served the U.S. with distinction both here at home and abroad in Iraq,” the statement read. “He accepts full responsibility for the conduct set forth in the Information.”

The Intercept may have inadvertently outed their source (and themselves) by filing a FOIA request for information that was not yet known to the public. MPR again:

In January 2017, The Intercept published a series titled “The FBI’s Secret Rules,” based on Albury’s leaked documents, which show the depth and broad powers of the FBI expansion since 9/11 and its recruitment efforts.

The Intercept made two Freedom of Information Act (FOIA) requests to the FBI in late March 2016. The requests contained specific information identifying the names of documents that were not available to the public. In addition, the FBI identified about 27 secret documents published by The Intercept between April 2016 and February 2017.

“The FBI believes that the classified and/or controlled nature of the documents indicates the News Outlet obtained these documents from someone with direct access to them,” according to the warrant. “Furthermore, reviews of the FBI internal records indicate ALBURY has electronically accessed over two thirds of the approximately 27 documents via trusted access granted to him on FBI information systems.”

One of The Intercept’s FOIA requests, dated March 29, 2016, asked for copies of a specific document classified as secret. The document, titled Confidential Human Source Assessing, gives tips for agents on how to cultivate informants.

Ten months later, the news outlet posted the same document it requested to its website and to DocumentCloud, a repository of public documents.

The FBI said it believes that The Intercept had a copy of the document and others before making the FOIA request. The Intercept then “used its knowledge of such documents to create the FOIA requests,” according to the warrant.

According to a review done by the FBI, Albury and 15 other individuals had also accessed the same document from an FBI classified network between August 2011 and March 29, 2016, the date of The Intercept’s FOIA request.

The search warrant said Albury took 11 screenshots of the document on Feb. 19, 2016, one month and 10 days before The Intercept’s FOIA request.

This is the second time a member of the intelligence community was busted for allegedly leaking information to the website, The Intercept. Reality Winner, an NSA Contractor, was charged with leaking information to The Intercept. Only six people had printed the information Winner passed to The Intercept and of those six, Winner was the only person in communication with the press.

The Intercept published a statement saying they do not discuss their sources.

We understand that there is an Espionage Act prosecution underway against an alleged FBI whistleblower in Minnesota, who is accused of leaking materials relating to the FBI’s use of confidential human sources. News reports have suggested that the prosecution may be linked to stories published by The Intercept. We do not discuss anonymous sources. The use of the Espionage Act to prosecute whistleblowers seeking to shed light on matters of vital public concern is an outrage, and all journalists have the right under the First Amendment to report these stories.


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Can this be the first of many?

    Sessions throwing himself softballs.

    Instead of minnows, he should be starting with the big fish — UNLESS he’s trying to work his way up, turning each defendant into an informant.

    Nonetheless, the evidence against big fish such as hillary klinton, obama, etc. is so compelling, this is a horrible delay, and possibly intentional.

    After all, justice delayed is justice denied.

I would like more information before casting judgement. Is he really a whistleblower going to the media with information on a stealthy power-up of the FBI as a result of 9-11?

Unfortunately I can’t trust the Intercept, as they felt it necessary to muddy the waters with unnecessary race-baiting like “the only African-American FBI field agent in Minnesota”.

    tom_swift in reply to Fen. | March 28, 2018 at 8:43 pm

    That little bit of gratuitous cheerleading seems to have come from Albury’s attorneys, not The Intercept.

Whistle blower laws do not cover someone going to the media. First the whistle blower has to go to his/her chain of command or to the IG. If that doesn’t work he/she can go to the Congressional committee in charge of oversight. They MAY NOT go to the press. Not under whistle blower laws.

    Do you have a cite to that authority?

      Freed Serf in reply to | March 29, 2018 at 10:12 am

      Seems substantially correct.
      Whistleblower Protection Act of 1989, Pub.L. 101-12 as amended

      If information disclosed is not specifically prohibited by law. The Office of Special Council or IG will take the case.

      If the disclosure is specifically prohibited by law you have to make the disclosure to the OSC or IG.

      In all cases, the OSC or IG will determine whether there is a substantial likelihood that the information discloses a violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety.

        rabidfox in reply to Freed Serf. | March 29, 2018 at 7:59 pm

        Thanks Freed. I was just going from my personal memories of Whistle Blower briefings I was given while in Civil Service for the AF. Since I retired over 10 years ago I memory of the source is gone. I didn’t think that going to the media was ever a valid route to take.

Small fish… ridiculous

Pervasive, institutional corruption. It’s not constrained to the FBI. Just look at the insidiousness of the EPA, DoJ, State Department and NOAA.

The socialist libs say that Trump is not their President. That is actually true. Worse, this federal government is not our government.

Just think how much money we will have to pay for the wall. Let start getting them all so we can get their pension funds. Ha, that is the ticket.

    Build the wall and put them on the other side of it.

    Ragspierre in reply to MarkSmith. | March 29, 2018 at 1:57 am

    I’m surprised! Haven’t you heard? The “military” is now “rich”. We can SOAK them…!!!

    Donald J. Trump


    Because of the $700 & $716 Billion Dollars gotten to rebuild our Military, many jobs are created and our Military is again rich. Building a great Border Wall, with drugs (poison) and enemy combatants pouring into our Country, is all about National Defense. Build WALL through M!
    5:33 AM – Mar 25, 2018

    59K people are talking about this

    So simple, you see…

    But that leaves off the premium that steel and aluminum tariffs impose on everything “hardware” that the military buys.

    Economics bites.

Subotai Bahadur | March 29, 2018 at 2:53 am

Albury’s attorneys, JaneAnne Murray and Joshua Dratel, said in a statement that their client, the only African-American FBI field agent in Minnesota, was “driven by a conscientious commitment to long-term national security and addressing the well-documented systemic biases within the FBI.”

And the above is his entire defense in a nutshell. And it may well succeed.

Swamp Sessions will look for any excuse to duck and hide. Its his own ass he is protecting.

McConnell and his wife’s prolific corruption have been exposed. Imagine what sessions has to hide.

Fire his ass, Donald.

Keep digging, you’re just getting started.

Hmm. Are these trial balloons floated as a run up to Mrs. Pants Suit herself, HRC?

Go, Jeff, go!

He is a small guy and it is alright to charge small guys. What about Comey and McCabe, when are they going to be indicted?