Spy suspect stays in jail, judge rules

DENVER — A former National Security Agency employee from Colorado accused of trying to sell classified information to Russia will remain behind bars while he is prosecuted, a magistrate judge ruled.

Jareh Sebastian Dalke, 30, is facing a possible life sentence over allegations he gave the information to an undercover FBI agent who prosecutors say he believed was a person working for the Russian Federation. He pleaded innocent through his lawyer during a hearing in Denver federal court Tuesday.

Dalke was arrested Sept. 28 after authorities say he arrived at Denver’s downtown train station with a laptop and used a secure connection set up by investigators to transfer classified documents.

Magistrate Judge S. Kato Crews said the stiff penalty Dalke could face and the sympathies he has allegedly expressed for Russia make him a flight risk.

Crews also said he was not sure that Dalke, who is accused of sharing the documents after promising not to disclose information he obtained while working at the NSA, would honor any conditions he could impose that would allow him to live with his wife and grandmother in Colorado Springs while the case proceeds. He was also concerned about authentic-looking but counterfeit badges for government agencies, including the NSA, alleged to have been found in a search of Dalke’s home.

Dalke’s lawyers had proposed that his wife, who was in court for the hearing, could supervise the Army veteran and report any violations of his bond. However, Crews was concerned whether she would be able to do that, describing Dalke as her “caretaker.”

One of Dalke’s federal public defenders, David Kraut, said Dalke supported the household with Veterans Administration benefits and had been “supportive” of his wife in difficulties in her life. He said Dalke would not want to put her at risk by not complying with bond conditions. However, Assistant U.S. Attorney Julia Martinez said he already had by taking her with him when he went to scout out a public location to transmit the documents.

Kraut downplayed Dalke’s access to classified information because he worked at the NSA for less than a month this summer.

Shortly after he left the agency, citing a family illness, and signed the nondisclosure agreement, he is alleged to have begun talking with the undercover agent using encrypted email.

Martinez argued that the government does not know whether Dalke obtained more information from the NSA that is stored somewhere else or possibly memorized. She said he has the motivation to sell more secrets if released.

“He knows how to make money: Sell secrets to Russia,” said Martinez, who alleged Dalke took the job at the NSA with the intent of selling secrets.