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Former Minneapolis FBI agent who leaked files to be sentenced in October

August 3, 2018

Terry James Albury, the former Minneapolis FBI agent who pleaded guilty this spring to leaking classified documents to a news outlet, will be sentenced in October, a federal judge said Friday.

U.S. District Judge Wilhemina M. Wright set an Oct. 18 sentencing hearing in St. Paul for Albury, 39. The former agent admitted in April he had passed along documents to The Intercept that later appeared in its FBIs Secret Rules series on how the bureau assesses potential informants.

Albury pleaded guilty to one count each of making an unauthorized disclosure and unlawful retaining of national defense information, for leaking the files while he worked as a special agent focusing on counterterrorism at Minneapolis-St. Paul International Airport.

Each count is punishable by a maximum of 10 years in prison, up to 3 years of supervised release and a fine of up to $250,000.

The case has drawn sharp criticism from press freedom advocates, including the Committee to Protect Journalists, which railed against the Justice Departments use of World War I-era espionage laws to go after journalistic sources. A Washington, D.C.-based attorney for the Justice Departments National Security Division is leading the prosecution.

At Alburys plea hearing, prosecutor David Recker said he would seek to enhance a calculation that could increase Alburys recommended prison term because his crimes were an abuse of public trust.

Alburys plea agreement with the government did not settle on a possible prison term that both sides would recommend to Wright, but did suggest that guidelines could call for a sentence from 3 to 5 years.

Albury is out of custody on a $100,000 unsecured bond and several conditions, including the seizure of his passport. He had lived in Shakopee while working for the FBI but now resides in northern California.

Alburys attorneys, JaneAnne Murray and Joshua Dratel, have signaled that they will address his workplace grievances at sentencing. The attorneys previously said that Albury, one of the only black agents in the FBIs Minneapolis division at the time, was profoundly affected by FBI directives that profiled and intimidated minority communities in Minnesota and other locations.

His attorneys argued that Albury believed that unauthorized disclosures of matters of public interest were a more viable remedy than taking his concerns through official channels.

Here, for reasons that will [be] amplified in our sentencing submission, Terry did not view this option as viable, the attorneys wrote in an April statement after Albury pleaded guilty in the case.

Staff writer Chao Xiong contributed to this report. Stephen Montemayor 612-673-1755 Twitter: @smontemayor

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