The Air Force on Tuesday opened preliminary criminal proceedings against a member of the Massachusetts Air National Guard who was convicted in federal court earlier this year of leaking classified government secrets online, alleging that he also violated military laws.
Jack D. Teixeira, 22, is accused by the Air Force of obstructing justice and failing to obey orders. Officials have convened what’s called an Article 32 hearing, where prosecutors present evidence to a military officer who will evaluate whether the case should proceed to court-martial trial.
Flanked by his three defense attorneys, Teixeira was escorted into the courtroom here wearing a navy blue Air Force dress uniform and sporting a fresh haircut. He was not handcuffed, but armed personnel accompanied him in and out of the room.
In his federal case, Teixeira pleaded guilty to six counts of willful retention and transmission of national defense information. Prosecutors said he posted hundreds of pages of classified documents on Discord, a chat app popular with video gamers. The leaked materials included sensitive U.S. intelligence about a number of the United States’ allies and adversaries, spanning topics including the war in Ukraine and terrorist plotting in Afghanistan.
Teixeira faces more than 16 years in prison after reaching a plea deal with the Justice Department in March. He remains in custody while awaiting sentencing in his federal case this fall. If also convicted by the military, he could receive additional time in confinement.
The charges the Air Force is considering stem from Teixeira’s disregard for orders not to access classified information and efforts to cover his tracks, officials said. An Air Force summary of the charges he faces also alleges that when Teixeira realized he was in legal trouble, he instructed another Discord user to delete messages he sent.
Teixeira was joined in court by his defense team: Lt. Col. Bradley Poronsky, Maj. Luke Gilhooly and Capt. Eleanor Umphres. His father, Jack M. Teixeira; his mother, Dawn Dufault; and his stepfather, retired Air Force Master Sgt. Thomas Dufault, were seated in the hearing room. Through a spokesperson, the Teixeira family declined to comment.
Prosecutors and defense attorneys indicated Tuesday that they do not intend to call any witnesses during the hearing, limiting how much information will be aired about the lack of oversight within Teixeira’s unit at Otis Air National Guard Base, the 102nd Intelligence Wing.
After Teixeira’s arrest in April 2023, a separate Air Force investigation determined that he repeatedly accessed and smuggled out classified information despite being warned not to do so by his superiors. Investigators also found that Teixeira exhibited other behavior that troubled his supervisors, with some saying they feared he might initiate a mass shooting on the base, yet no one reported him to law enforcement. At least 15 of his Air National Guard colleagues were disciplined by the military for their lack of action.
Teixeira’s attorneys complained that they have not been able to see the entirety of the Air Force investigation, which includes witness statements and numerous exhibits. Poronsky asked the officer overseeing the hearing, Lt. Col. Michael Raming, to postpone the proceedings until that information is made available to the defense. Maj. Jasmine Prokscha, speaking for the prosecution, said those materials would be provided if the case proceeds to court-martial.
Raming, overseeing the hearing remotely from an Air Force base in Arizona, did not indicate Tuesday morning how he will address the issue. But he noted that the defense team does have a right to see the associated evidence in the Air Force investigation.
The defense team also objected to Raming appearing remotely, but the proceedings continued.
Teixeira, an airman first class, faces what is known as a special court-martial, a process that limits potential military imprisonment to one year. He could be subject to a variety of additional punishments as well, including a bad-conduct discharge from the service and a demotion in rank.
After the completion of Tuesday’s hearing, Raming is expected to make a recommendation on how the Air Force should proceed. Maj. Gen. Daniel DeVoe, a more senior officer overseeing the case, will determine whether to pursue a court-martial trial.
The Discord leaks came to light last year as material spilled onto other social media sites. The incident shocked and embarrassed the Defense Department, where officials struggled at first to determine who was responsible and how so many secrets had been compromised.
Teixeira’s acquaintances on Discord previously told The Washington Post that he knew he could get in trouble for sharing classified information but did so anyway because he wanted to impress them.
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(c) Washington Post
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