Former FBI agent Terry Albury accused of leaking documents to The Intercept

Update: Judge Wilhelmina Wright has sentenced Terry Albury to 48 months in prison, telling him that his disclosure “put our country at risk.” https://t.co/9S8cVx1tf6

— The Intercept (@theintercept) October 18, 2018

Terry Albury is a good and honorable man. His conduct in this case was an act of conscience. It was driven by his belief that there was no viable alternative to remedy the abuses he sought to address. He recognizes that what he did was unlawful and accepts full responsibility for his conduct, which he has demonstrated by reaching an agreement with the government to plead guilty.

We want to make clear that Terry did not make any disclosures or retain documents for money, for career advancement, or for any personal gain. He received nothing in return. Indeed, his conduct has destroyed his stellar career in law enforcement and branded him a felon. Most importantly, Terry did not disclose any names of any FBI personnel or assets or any operational information, and there is no allegation that his disclosures caused any harm to anyone.

The facts of Terry’s offense as set forth in the agreement — which he fully accepts — do not, however, tell his whole story. It has long been a critique of the FBI that it consists of and reflects a predominantly white male culture, which, as a result, has often treated minority communities with suspicion and disrespect. These criticisms are especially resonant in the terrorism context. For Terry, the only African-American field agent in the Minneapolis office, the problem of racism both within the FBI and in its interactions with minority communities was especially pronounced. The situation became even more acute for him when, having previously served a tour for the FBI in Iraq, he was assigned to the counter-terrorism squad, and was required first-hand to implement FBI investigation directives that profiled and intimidated minority communities in Minnesota and other locations in which Terry served.

Witnessing all this, and, as an African-American being subjected to it himself directly in some instances, profoundly affected Terry professionally and personally. The tensions and conflicts within him became unbearable, and he acted. In cases that involve unauthorized disclosures of matters of public interest, there is always the claim that the person making the disclosure should have pursued remedies through official channels. Here, for reasons that will amplified in our sentencing submission, Terry did not view this option as viable.

We would like to add that Terry appreciates the supportive statements of organizations and individuals who have, since this case became public, criticized the criminalization of disclosure of documents that chronicle and demonstrate government abuse.

There are a few other situations in which persons of substantially higher authority in the government than Terry made unauthorized disclosures of classified information. For example, Sandy Berger, President Clinton’s National Security Advisor, snuck classified documents out of a secure facility in his sock and then destroyed them. He walked away with a misdemeanor. General David Petraeus improperly revealed classified information to his paramour. He, too, walked away with a misdemeanor. Thomas Drake mishandled and disclosed classified document. Again, misdemeanor, no jail. Even the president has disclosed operational classified information to Russian diplomats without consequence. The president even recently pardoned a sailor who took photos of classified sections of a U.S. submarine.