Spouse in peanut butter sandwich spy case fights for her launch

The married couple who tried to promote nuclear secrets and techniques is taking totally different protection methods, with the husband not combating being stored behind bars forward of the trial whereas the spouse contends she had no concept what he was as much as and desires to be free of jail.

Jonathan Toebbe, a nuclear engineer on the Navy’s Nuclear Propulsion Program, and his spouse, Diana, have been accused of espionage-related costs following alleged efforts to promote nuclear submarine secrets and techniques to an unnamed international authorities in change for tens of 1000’s of {dollars} in cryptocurrency. The 2 appeared individually earlier than Justice of the Peace Decide Robert Trumble of West Virginia on Wednesday.

Prosecutors say Diana, a historical past and English trainer on the Key Faculty in Annapolis, helped him in his scheme, as they handed data to undercover FBI brokers in SD playing cards hidden in a peanut butter sandwich, a Band-Support, and a gum bundle.

The arraignment and detention listening to for Jonathan lasted only some minutes. He pleaded “not responsible” to the costs, every of which may land him as much as life in jail. His lawyer, Nicholas Compton, instructed the choose he understood it meant he’ll stay behind bars except he’s granted bond. The choose scheduled jury choice to start on Dec. 14.

The listening to for his spouse, Diana, nonetheless, lasted roughly two and a half hours, as Jessica Smolar of the U.S. Lawyer’s Workplace in Pittsburgh known as a lead FBI particular agent and pretrial officer to argue that she ought to be stored in jail forward of the trial, whereas Diana’s protection lawyer, Edward MacMahon, stated she needed to show her innocence and ought to be allowed to return to her Maryland house to deal with her two kids forward of the trial.


The formal indictment towards the Toebbes was launched Tuesday, charging them with one rely of “conspiracy to speak restricted information” and two counts of “communication of restricted information.”

FBI particular agent Peter Olinits stated Diana accompanied her husband on three of his 4 useless drops, lacking one as a result of she’d had ankle surgical procedure. Olinits stated that through the first useless drop in June, the duo parked in a customer’s parking zone greater than a mile away earlier than strolling to the spot, which he known as “indicative” of “espionage tradecraft.” He asserted that the husband and spouse “carried out many SDRs [surveillance detection routes] all through this investigation.” The FBI agent stated they have been “posing as vacationers” and that Diana took footage because the pair waited till nobody else was round. Olinits stated that “because the useless drop was serviced by Jonathan, Diana was proper behind him … principally maintaining a lookout.” He added: “The drop was accomplished pretty rapidly, which is superb tradecraft.”

The FBI stated the couple used the same sample in different useless drops, driving out along with Jonathan’s cellphone left behind of their Maryland house, which the bureau agent stated was probably a surveillance evasion method, whereas Diana’s cellphone was in airplane mode within the automobile.

Diana accompanied him on a July useless drop, in addition to one in October, however was not there for the one in August. Olinits stated at that useless drop “Jonathan was extraordinarily nervous … as a result of Diana was not there to behave as a lookout.” It was throughout that useless drop that Jonathan communicated that “we have now passports and money put aside” to flee the nation and “there is just one different individual” who knew concerning the plan.

When the FBI searched the Toebbes’ house this month, it allegedly discovered Jonathan’s cellphone plugged in and on of their bed room, together with a cardboard field containing $11,300 in money, passports for his or her two kids, and the placement of a crypto pockets. In a “go bag” within the bed room was a Mac pc. Within the laundry room was a trash bag stuffed with shredded paperwork. The FBI stated it additionally found that Jonathan and Diana had despatched their passports to be renewed in an expedited trend in September. Olinits stated that there was a enough stability of their checking account to go away the US, and he repeatedly prompt that will have been their intention.

The FBI didn’t discover the $100,000 in cryptocurrency that that they had given the couple to realize their belief, hadn’t gained entry to the ProtonMail accounts, and didn’t discover the additional 50 packets that Jonathan had been providing for $5 million whole. The bureau agent admitted that “how he was getting these paperwork out of the Navy is but to be decided.” Olinits stated the metadata prompt the knowledge Toebbe tried to promote appeared to have been stolen in 2018 or earlier.

A search discovered that the husband and spouse each additionally had encrypted Sign and Telegram accounts. Amongst these messages, Diana allegedly stated, “I can’t imagine that the 2 of us wouldn’t be welcomed and rewarded by a international authorities,” with Jonathan saying that nuclear is “simply as useless in Europe as right here.” Diana stated in early November 2020: “I feel we have to be actively planning to go away the nation.”

The FBI agent stated he thought Diana ought to be detained, arguing: “She may additional cover the $100,000. She may use that cash to flee the nation … She may destroy any cloud accounts … She may doubtlessly promote this to different patrons.”

The protection lawyer argued the FBI didn’t have proof that Diana knew the specifics of Jonathan’s alleged scheme and stated, “She’s not the one liberal who has needed to go away the nation over politics, is she?”

The FBI agent conceded that the bureau had not used wiretaps or planted listening units within the house or automobile and stated there have been no recordings of what Jonathan instructed Diana. Olinits stated they’ve a considerable amount of digital proof to overview.

MacMahon additionally asserted their “SDR was horrible” as a result of “they fell proper into your entice.”

The protection legal professional argued the couple’s kids wanted their mom, and the FBI agent replied: “I do know that if [the kids] needed to get in contact together with her when she was committing an espionage operation, she shouldn’t have had her cellphone off that day.”

In arguing to maintain Diana behind bars, Smolar pointed to the usage of encrypted apps, appearing as a lookout for Jonathan, discussions about leaving the nation on a number of events way back to 2018, the cash and paperwork nonetheless not being situated, and her fear that entry to web may permit her to impede justice.

MacMahon countered that Diana was “entitled to bail” underneath the regulation, arguing she “has a really substantial protection on this case.” He stated there was “no proof in any respect” towards Diana and that her involvement within the conspiracy is “purely speculative.” And so he requested for a small bond, arguing she’s not going to flee the nation and depart her kids behind, the web might be blocked at her home, and that she “desires to clear her identify.”

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