Lawyers for a National Security Agency contractor accused of publishing a highly classified document report that the FBI has been pressured by President Donald Trump and former FBI director James Comey Reality Winner was finally arrested on 3 June and charged with unauthorized disclosure of classified information under the espionage law, but her defense asks a federal judge to order her statements suppressed that day because she was not free to leave and had not read her Miranda rights.
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In a new court f Friday, Winner's lawyers argue that Trump's and Comey's instructions to crack down on leaks mean there was no chance the agents would allow Winner, independently to go from what she said.
"With extraordinary pressure from the highest levels of executive power to aggressively pursue libel, the FBI simply never allowed Ms. Winner to go out the door," Winner attorney Joe Whitley and other lawyers wrote.
The submission relates to passages in the memos Comey wrote after meetings with Trump in early 2017. The then FBI director recounts that Trump has repeatedly complained about leaks and that Comey has replied that he considers them to be "terrible".
"I said that I was eager to find Leakers and would like to nail one to the door as a message," Comey wrote after a meeting in February 2017 at the Oval Office. "I said something about it being difficult and he answered that we had to go to the reporters."
Trump later came back to the topic, suggesting that reporters could reveal their sources after finding a new girlfriend in jail. "I said something about the value of putting a head on a pike as a message," Comey added.
The winner is accused of publishing a top-secret NSA report on Russia's alleged use of hacking techniques called "spearfishing" to gain access to electoral websites and voter registration databases. The document was released in June, a few days after the arrest of Winner
The winner's defense says in his new submission that FBI Special Agent Justin Garrick's testimony that Ms. Winner could be free is unbelievable in light of all this is facts about the execution of arrest warrants and the interrogation of Ms Winner.
"Given the instructions of Special Agent Garricks Chiefs, the President of the United States, and then FBI Director James B. Comey, this is all the more incredible," writes the defense team.
Judge Brian Epps held a hearing last February On the voluntary nature of Winner's statements, he has not yet decided whether the government should be allowed to use their testimony against them.
The winner was chosen until their trial, which is scheduled for October 15 , not released.