Case 1:19-cr-00304-LMB *SEALED* Document

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Filed 10/08/19 Page 1of 8 PagelD# 19

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 Case 1:19-cr-00304-LMB *SEALED* Document

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Filed L0/08/19 Page 2.of 8 PagelD# 20

'CONFIDENTIAL." National security information was infonnation owned by, prodgced by,
produced for, and under the control of the United States govemment that was classified as

follows:
Infomration was classifiod as TOP SECRET if the unauthorized disclosure
of tlat information reasonably could be expected to cause exoeptionally
grave damage to the national security that the origrnsl classification
authority was able to ideutift and describe.
b.

Ioformatiou was classified as SECRET if the rmauthorized disclosure of
that information reasonably could be expected to cause serious damage to
the national security that the original classification authority was able to

identif, and describe.
c.

4.

Information was classified as CONFIDENTIAL if the unauthorized
disolosure of that information reasonably could be expected to. cause
demrge to the national security thrt the origioal classification authority.
was able to identift and describe.

Access to national security information classified at any level could be fi:rther

resticted through compartuentation
categories. Only individuals

in

Sensitive Compartmented Information ('SCP)

with the appropriate security clearance and additional

SCI

permissions could have authorized access to zuch classified national security information.

5.

Classified information, including SCI, was marked according to its classiftcition

and applicable SCI compartnents, fotiowing standard. forrrats for different types

of

rnedia"

including headen and footers stating the highest classificatiou level and SCI compartnents of
information a document contained and individual classifications markings for each paragraph.

6.

Infon:ration classified at any level could only be lawfirlly accessed by persons

detemined by an appropriate united states government official to be eligible for access to
classified iaformation, who had siped an approved non-disclosure agreement, who received a

security clearance, and who had a "need to tnowl' the classified information. classified
information could only be stored in an approved facility and container.

2

 Case 1:19-cr-00304-LMB *SEALED* Document

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Filed L0/08/19 Page 3 of

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PagelD# 21

FRESE'g Access to Classifred National Defense Information

7.

From in or about January 2017 until in or about February 2018, tr'RESE was a

cofiract employee with DIA, assigned to a facility in ihe Eastem District of Virginia, and held a
Top Secret//Sensitive Comparturented Infomration ("TS//SCI") clearance.

8.
employed by

From in or about February 2018 through in or about October 2019, trRESE was

DIA' assigred to a facility in the Eastem.Distict of Virginia- In connection with

his employment, f,RESE held a TOP SECRET//SCI security clearance.

g.

f,RESE received taining regardi{g classified hfomration, including

the

definitions of classified information, the levels of classification, and SCI, as well as the proper
handling, markhg, transportation, and storage of classified materials. FRESE received taining

on his duty to protect classified materials from uauthorized disclosure, which

included

complying with handliog tansportatioD, and storage requirements. X'RESE knew that
unauthorized tansmissiotr of classified National Defense Infomration

('NDI") could

endanger

the national security ofthe United States and the safety of its citizens. In particular, X'RESE had
been advised that (a) unauthorized disclosure

ofTOP SECRET information reasonably could be

expected to cause exceptionally grave damage to the national security of the United States; (b)
unauthorized disclosure of SECRET infomration reasonably could be expected to cause serious
damage to the national security

ofthe United States; and (c) that violation of nrles governing the

handling of classified information could result in crimi:ral prosecution.

fRESE's Transmission of National Defense Infomation

10.

Because FRESE held a security clearance and was assigued first as a contractor

to and then an employee of DlA, the United states govemment entrusted tr'RESE with access to
sensitive government materials, inciudi"g information relating to the national defense that was

closely held by the govemment ('National Defense Information" or
documents and materials.
J

"NDI') and classified

 Case 1:19-cr-00304-LMB *SEALED* Document

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Filed 10/08/19 Page 4 of 8 PagelD# 22

In or about mid-April to early May 2018, I'RESE accessed an int€lligsnce ropot

unreiated to his

job duties on multiple

occasions, which contained

NDI classified at the TOP

SECRET//SCI level, which related to a certain foreign county's weapons systems ("Intelligeuce

Report

l").

12.

A week after X'RESE accessed Intelligence Report

received an April 27, 2018 Twitter Direct Message

I

for the second time, FRESE

("DM) ftom a joumalist ('Joumalist 1')

with a certain news outlet (t{ews Outlet 1'). Joumalist I asked whether FRESE would be
rvilling to speak with a second joumalist ('Joumalist 2'), who worked with a second news outlet

(News Outlet 2'). trRESE stated that

I

because he wanted to see Journalist

13.
a

he was

"down" to help Joumalist 2 if it hetped Joumalist

I "progress."

During the same Apnl27,2018llwitter exchange, Journalist 1 also indicated that

certain United States military official told Joumalist 2 that the official was not aware of the

statod subject matter of a story Journalist 1 was working on, the subject matter being the topio

of

Intelligence Report 1. trRESE characterized the official's denial as 'lreird" and commented on
the source of information contained wirhin htelligence Report 1.

14.

Several days after the

April

27 Twitter exchange, FRESE searched on a classified

United States govemment computer system for terms related to the topics contained in
lntelligence Report 1.

15.

A few hours after searohing for terms rrlatod to the topio of lntelligence Report l,

f,'RESE spoke by telephone with Joumalist 1 for seven minutes. Several hours later, BRESE
spoke

by telephone with Joumalist 2 for over half an hour. knmediately after the call with

Joumalist 2, Joumalist

I

called FRESE. Approximately half an hour after X'RESE spoke with

the two joumalists, Joumalist 1 published an article C'Article 1') through News Outlet
contained

NDI from lntelligence Report

1 classified at the TOP SECRET//SCI level.

4

i,

which

 Case 1:1,9-cr-00304-LMB *SEALED* Document

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Joumalist

I

Pursuant

Filed 10/08/19 Page 5 of

later Tweeted a link to Article

to

l.

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PagelD# 23

FRESE subsequently re-Tweeted

l.

Journalist 1's Tweet ofArticle

17.

L

court-authorized

Tifle

III

interception

of wire

and el6ctronic

communications to and from tr'RESE's ce.llular.telephone, the Federal Bureau of Investigation

('FBI") intercepted certain lortions of f,'RESE's text

18.
I

On Septenrber l

l,

2019, the FBI intercepted a call betweeu FRESE and Joumalist

<turing which Ioumalist 1 discussed Joumalist

Joumalist 1 asked FRESE

if

messages and telephone calls.

he wanted

'to

2 and Joumalist 2's

assieoments at work.

meet poumalist 21, actually have you met her in

person[?]" FRESE replie4 "I haven'l yeah that sounds good."

19.

On or about September 24,2019, FRESE.accessed two atltlitonal intelligence

reports ("Intelligence Report

2," and "lntelligence Report 3," collectively with lntelligence

Report I referred to as ihe "intelligence reporting'l), both classified at the SECRET level.

20.

On September 24,2019, after FRF,SE had accessed Intelligence Report 2 and

Intelligence Report 3, the FBI intercepted a text message from FRESE to Joumalist 2 asking
Joumalist 2 to call FRESE.. Approximately one minute later, the FBI intercepted a cali made to
FRESE from Journalist 2 in which I'RESE untawfully transmitted' certain NDI, classified at the
SECRET level, ftom lntelligence Report 2 and Iatelligence Report 3 to Joumalist

September 24,
responded,

2llg call,

Joumatist 2 asked FRESE

'\

2.

During the

hat's going on at work?" FRESE

'Uh, well ifs nothing to do with, like what I cover, per usual but um, it's,

about [topic of Intelligence Reports 2 and 3]
commented on this but

I

saw a report,

it's

. . . And I

don't know

if

so

it's

anyone's really

a few days old at this point, um, that basically

[NDI

frbm Intelligence Reports 2 and 3 that was classified at the SECRET levell."

.

21.

tansmittd

The intelligence reporting that FRESE viewed, and the content of which he

bore standard markings indicating that it contained highly clasified information

5

of

 Case 1:19-cr-00304-LMB *SEALED* Document

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the United States, including information at the SECRET and TOP SECRET levels, as well as

SCI. With respect to this hformation:
a.

XRESE knew that the intelligence reporting contained classified
iaformation that related to the national defense.

b.

FRESE was never authorized to transmit the intelligence repofting.

c.

FXESE knew that he was not authorized to tansdit the intelligeuce
reporting.

d.

The News Outlets to uAich I'RESE t"ansmitted the intelligence reporting
were not entitled to receive or possess it.

e.

trlRESE knew that the News Ouflets were not entitled to receive or possess
the intelligence reporting.

6

 Case 1:19-cr-00304-LMB *SEALED* Document

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COTJNTONE
18 U.S.C.0 793(d)
(Willfrrl Transmission of Netional Defense Information)

22.

Paragraphs 1-16 and

21 of this Indictnent are incorporated by reference and

realleged as ifset forth fully herein.

23.

Beginning on or about April 12, 2018, and continuing until on or about a date

unknown but no later thao May 3, 2018, in the Eastem District of Virginia" and elsewhere, the
defendant,

IMNRY KYLE ['RESE,
lawfirlly having possession o{, access to, alld contol over a document containing information
relating to the national defense, willfully transmitted iaformation to a person not entitled to
receive it, with reason to believe such information could be used to the injury of the United
States and to the advantage

of any'foreip nation: to wit, I'RESE tansmitted TOP SECRET

information ftom lntelligence Report I to Joumalist 1.

All in violation of

18 U.S.C. $ 793(d).

7

 Case 1:L9-cr-00304-LMB *SEALED* Document

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Filed 10/08/19 Page 8 of 8 PagelD# 26

c0r.il{T Two
t{i lj.s.c. {i 793(d)
(lVilllhl'Ilrunsmission of National Defensc Information)

?4.
if

Partgraphs l-21 ot'lhis Indictnrcnt ilre incoqrorated by rcfercnce anci reallegccl as

sct lirrth {ully hercin.

25.

On or sbout Scptcmhcr 24.2019. in thc i'lastern District of Virginia, ".rncl

elservhere. the dcl'endanl.

TIENITY

la*'l'ully havirtg

prossessiort

ol.

KY[,EIiRESE,

access to. and control over a document containirrg

inlirmation

lelating to the natiorrai delbnsc. rvilllirll-y translnittcd intbrntation to a person not entiticd k:
receivc

il. witlr

Statcs anrl

rsason

to belir:vc such irfonnation could be r"rsed to tire injury of the tJnitcd

to the advarrlagc ol' any lirrcign nation: to

r.vit. IIRESE transmitteil Slrclti:il'

inlormation li'onr lntolligcnce Rcport 2 and Intelligencc Roport 3 to Jour:nalist 2.

All

in violation o1

l8 lJ.S.C.

$ 793(d).

A TRI]E BILI-:

Pursuant t0 ihe E-fiovernment Act,,

thc ariginal *l this pnge l':es hesn {itsd
ui"ider ssal in the Oltrk's 0liicc

I()RliPlrRSON OI;'l'HE GILAND J t-lRY
C. Zirchar)"I'erwilli ger
[,,'nitcd S
Altontcy

Ilv
.I
Ciellic
'l):ial .,\ttor:te5'
National Securitt Division
l.Inited Statcs Departmcnt o1'.lusticc

Statcs Attorncl,

s