A federal judge has overruled a magistrate’s decision, ordering that Gokhan Gun, a Defense Department civilian and U.S.-Turkish dual citizen, remain in custody while awaiting trial on charges of mishandling classified documents

Gun, 50, from Falls Church, was arrested on August 9 outside his home while allegedly en route to the airport for a trip to Puerto Vallarta, Mexico. Prosecutors claim he carried a document marked Top Secret and that additional classified materials were later found in his home. Gun maintains he was merely going on a fishing trip.

Initially, U.S. Magistrate Judge Ivan Davis ruled that Gun could await trial under home detention, despite objections from prosecutors who viewed him as a flight risk and a potential threat to national security.

However, following an appeal, U.S. District Judge Michael Nachmanoff decided on Thursday in Alexandria that Gun should remain jailed until his trial.

Gun, who has been employed as an electrical engineer at the Joint Warfare Analysis Center since September, holds a Top-Secret security clearance. He was born in Turkey and became a U.S. citizen in 2021.

Prosecutors referenced an assessment from an Air Force intelligence expert, stating that the Top Secret document found in Gun’s possession involved highly technical research and development that could pose a risk to national security if exposed to adversaries. They also indicated that more severe charges under the Espionage Act could be forthcoming.

Gun’s attorney, Rammy Barbari, argued that it is speculative to assume Gun intended to take the classified document on his trip, suggesting that it could have been printed accidentally among thousands of unclassified documents.

Prosecutors, however, pointed to a pattern of behavior, noting that Gun began printing large quantities of unclassified documents shortly after obtaining his security clearance, often after hours when his co-workers had left.

They allege that he began including classified materials in these printouts, with the largest batch printed just two days before his arrest, which led agents to secure search warrants.

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