Re­lease of ex-CIA o∞cer is ap­pealed

The Washington Post Sunday - - LOCAL OPINIONS - BY RACHEL WEINER rachel.weiner@wash­post.com

Pros­e­cu­tors in the Eastern Dis­trict of Vir­ginia are fight­ing the re­lease on bond of a for­mer CIA of­fi­cer ac­cused of sell­ing clas­si­fied doc­u­ments to the Chi­nese gov­ern­ment.

A mag­is­trate judge Thurs­day or­dered Kevin Mal­lory, 60, to be re­leased on a $10,000 bond. The gov­ern­ment is ap­peal­ing that de­ci­sion, ar­gu­ing that GPS mon­i­tor­ing and other re­stric­tions are not enough to keep a des­per­ate, ex­pe­ri­enced spy in the coun­try.

“Some­one with the de­fen­dant’s train­ing and ex­pe­ri­ence is un­likely to be con­fined by a de­ten­tion or­der re­quir­ing him to stay in a house that he is hav­ing trou­ble pay­ing for, when he has a life sen­tence in prison hang­ing over his head,” As­sis­tant U.S. At­tor­ney John Gibbs wrote in his mo­tion.

A search of Mal­lory’s house re­vealed “wigs, fake mus­taches, and the­atri­cal makeup,” Gibbs wrote, that could help him con­ceal his iden­tity.

Mal­lory sold four doc­u­ments to Chi­nese in­tel­li­gence op­er­a­tives ear­lier this year, ac­cord­ing to pros­e­cu­tors, and had plans to sell four more. One was clas­si­fied as top secret; two were marked secret. All eight were found on an SD com­puter memory card in his bed­room closet, wrapped in foil, ac­cord­ing to court doc­u­ments.

He also told a Chi­nese agent of his plans to “type my notes,” ac­cord­ing to pros­e­cu­tors, sug­gest­ing that he had more in­tel­li­gence to of­fer.

“His Chi­nese con­tacts would have a great in­cen­tive to help him flee the coun­try, both to con­ceal their ac­tiv­i­ties in re­cruit­ing him to be­come a spy for [China], and to learn any ad­di­tional clas­si­fied in­for­ma­tion that he may pos­sess,” Gibbs wrote.

Judge Ivan Davis granted a hold on Mal­lory’s re­lease while the ap­peal goes for­ward, al­though he ex­pressed skep­ti­cism about the de­fen­dant’s abil­ity or de­sire to flee.

“Do you think he’s more in­ter­ested in China than he is in his fam­ily here in the United States?” Davis asked Thurs­day.

Gibbs replied that he did. More­over, he ar­gued that if Mal­lory fled to China, his fam­ily could join him there.

But de­fense at­tor­ney Geremy Ka­mens ar­gued in court Thurs­day that his client has no in­ten­tion of flee­ing.

“He has am­ple rea­son to clear his good name,” Ka­mens said.

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