Accused U.S. spy Paul Whelan found with Russian ‘state secrets,’ lawyer says
Paul Whelan, the U.S. citizen accused of spying in Russia, was found in possession of classified material when he was arrested in Moscow, his stateappointed lawyer told CNN on Tuesday.
Mr. Whelan, 48, was arrested Dec. 28 on suspicion of carrying out an act of espionage, Russia’s Federal Security Service has said. He was found with “evidence that constitutes state secrets,” his lawyer Vladimir Zherebenkov told CNN before a pretrial hearing in Moscow.
Before his arrest, Mr. Whelan had been given a thumb drive that he believed contained vacation photographs, Mr. Zherebenkov said. Mr. Whelan did not inspect the flash drive and was unaware it contained classified information, the lawyer said.
Mr. Whelan “does not admit guilt,” he said.
Mr. Zherebenkov said Mr. Whelan’s defense team had only been provided with about 5 percent of the evidence collected by investigators, and that the prosecution so far “did not provide enough evidence” to prove that Mr. Whelan knew about the classified material alleged to be on the flash drive.
At the pretrial hearing Tuesday, Mr. Whelan was denied bail. He will remain in Lefortovo detention center in Moscow until at least Feb. 28.
Mr. Whelan arrived in Russia on Dec. 22 to attend a retired fellow Marine’s wedding, his brother David Whelan told CNN. On the day of his arrest, he had been with the wedding party at the Kremlin, serving as a guide to wedding guests who were visiting Russia for the first time, his brother said. Later that day, he didn’t arrive at the wedding and the newlyweds filed a missing-person report.
The FSB, Russia’s domestic intelligence agency, announced Mr. Whelan’s arrest the following Monday. His family rejects the accusation that he was a spy.
Former U.S. intelligence officials have said that Mr. Whelan’s background, and the fact he was not in Russia under diplomatic cover, make him an unlikely spy. This led some experts to speculate he could be traded for a Russian asset in the United States, such as gun rights activist Maria Butina.
Butina, 30, pleaded guilty last month to acting as a foreign agent and trying to influence the 2016 presidential election.
Mr. Zherebenkov stressed on Tuesday that no swaps could take place before a conviction.
David Whelan said in a statement on behalf of the family that they were disappointed, but not surprised, that the court denied bail.
“While we still lack any details from the Russian government about why Paul is thought to be a spy, and who provided him with the alleged state secrets, we are certain that he was entrapped and is not guilty of espionage,” he said.
“Unfortunately, today’s ruling merely confirms that Paul will remain wrongfully detained for many more months. We are attempting to support his legal defense with a GoFundMe campaign, but we remain focused on bringing him home, even before the legal process has concluded,” he added.
David Whelan said that his brother told the family he was worried about some health conditions and his ability to communicate with prison medical staff. He also was concerned about translator support and his ability to present his defense in English in court.
“It is clear to our family that only government action will return Paul to his family any time soon,” David Whelan said. “We know that the consular efforts of the U.S., Canada, Ireland and U.K. will help keep us aware of Paul’s health and ensure his rights are respected. But we hope additional steps will be taken to bring him home.”
Since his arrest, Mr. Whelan has been held without bail at Lefortovo. Mr. Zherebenkov says he filed an appeal against the detention in early January, calling it unwarranted and excessive.
Earlier, Mr. Zherebenkov said the prison was treating Mr. Whelan well, and he was in a good mood and feeling well. Mr. Whelan declined to answer CNN’s questions about how he had been treated in custody and about the accusations against him after the pretrial hearing concluded.
If found guilty, Mr. Whelan faces up to 20 years in prison, Russia’s staterun news agency TASS reported.
Mr. Whelan is the global security director for the Michigan-based automotive components supplier BorgWarner. He began working for the company in 2017 and has been responsible for the physical securities of BorgWarner’s facilities, the company has said.