Couple Pleads Not Guilty in Spy Case as Prosecutors Lay Out New Details

WASHINGTON — A Maryland mates facing espionage charges spent years collecting classified information, readying to merchantability it to a overseas state for arsenic overmuch arsenic $5 cardinal successful cryptocurrency and past permission the United States, according to worldly laid retired by prosecutors and the F.B.I. successful national tribunal connected Wednesday.

An F.B.I. cause work what helium said were excerpts from encrypted messages betwixt the couple, Jonathan and Diana Toebbe, from 2019, earlier they reached retired to the overseas state and arsenic they considered whether to merchantability the concealed accusation astir the atomic reactors that powerfulness Virginia-class atomic submarines. Mr. Toebbe expressed ambivalence, penning astir 1 of their projected plans: “It’s not morally defensible either. We person ourselves it is fine, but truly isn’t either.”

Ms. Toebbe, the cause said, responded: “I person nary occupation with immoderate of it. I consciousness nary loyalty to abstractions.”

The proceeding besides considered whether they could beryllium granted bail. Mr. Toebbe offered nary ineligible defense, and did not contention his detention. The magistrate judge, Robert W. Trumble, did not instantly regularisation connected Ms. Toebbe’s detention, saying helium would contented a written bid later.

The F.B.I. inactive does not cognize the whereabouts of astir of the accusation an cause said the Toebbes were offering to merchantability to the overseas government. It besides has not recovered the $100,000 successful cryptocurrency paid to them by the undercover agents arsenic they pursued the case.

Arguing that Ms. Toebbe should stay successful jail, prosecutors expressed concerns that she mightiness inactive person entree to the missing funds and could effort to stock the unrecovered data.

But Ms. Toebbe’s squad argued vigorously against her detention, saying she had ne'er had entree to classified documents, needed entree to her doctors and was not a formation risk. Ms. Toebbe besides nodded on arsenic her lawyer, Edward B. MacMahon Jr., stressed the request to let her to look aft the couple’s 2 children, ages 11 and 15.

Mr. MacMahon argued that the grounds successful the lawsuit would amusement Mr. Toebbe stole the accusation and wrote the notes to the undercover officers portion Ms. Toebbe played lone a insignificant relation successful the scheme.

But Jessica Lieber Smolar, a national prosecutor, disputed that characterization. Prosecutors argued that she helped devise the plan, and meticulously went done grounds that they said showed she had acted arsenic a lookout for her husband, belying the thought that she thought they were conscionable retired for a leisurely play stroll.

Ms. Smolar argued that Ms. Toebbe posed a formation hazard if allowed escaped earlier proceedings and that simply monitoring her determination and ordering her not to usage the net could not forestall her from uncovering ways to stock nationalist secrets.

On Oct. 5, 2020, Ms. Toebbe wrote to her hubby connected the encrypted app, “I deliberation we request to beryllium actively making plans to permission the country.”

But Mr. MacMahon argued that assorted documents collected successful the lawsuit showed that his lawsuit wanted to permission the state if erstwhile President Donald J. Trump had been re-elected.

“She’s not the lone wide that is wanting to permission the state implicit politics,” Mr. MacMahon said.

Prosecutors and the F.B.I. portrayed the Toebbes arsenic opening to marque plans to merchantability American secrets arsenic aboriginal arsenic 2018. Prosecutors besides said successful tribunal proceedings that the overseas state that had received the connection to merchantability the accusation voluntarily turned it implicit to the F.B.I., mounting disconnected the probe into the Toebbes.

An F.B.I. cause who surveilled the couple, Peter Olinits, told the tribunal that a missive sent by the Toebbes to the overseas authorities offering the classified worldly acceptable a December deadline for proceeding back, saying that different they would connection the accusation to different countries. As a result, helium said, national agents, impersonating officials from the overseas government, began communicating with the Toebbes that month.

In a connection near connected a representation paper hidden successful a Band-Aid wrapper, the Toebbes asked for $5 cardinal successful cryptocurrency successful instrumentality for immoderate 51 packets of worldly — perchance 11,000 pages, Mr. Olinits told the court.

“This accusation was dilatory and cautiously collected implicit respective years successful the mean people of my occupation to debar attracting attraction and smuggled past information checkpoints, a fewer pages astatine a time,” the enactment connected the representation paper said, according to Mr. Olinits.

Mr. Olinits said the authorities did not cognize however Mr. Toebbe took the documents retired of his workplace astatine the Washington Navy Yard.

Mr. Toebbe appeared successful tribunal successful an orangish situation jumpsuit, his wrists shackled together, evident arsenic helium awkwardly raised his close manus arsenic helium was sworn in. Mr. Toebbe’s lawyer, Nicholas J. Compton, a nationalist defender, said his lawsuit had waived a close to a detention hearing, meaning that helium would beryllium incarcerated until his trial.

Judge Trumble acceptable a proceedings day of Dec. 14 for the Toebbes, though analyzable espionage cases are typically delayed.

Ms. Toebbe was brought successful aft her hubby and was accompanied by 2 lawyers, including Mr. MacMahon, who has represented a fig of Americans accused of spying, including Jerry Chun Shing Lee.

Mr. MacMahon argued that the tradecraft utilized by Mr. Toebbe successful dropping the accusation was terrible, and said the F.B.I.’s contention that Ms. Toebbe was looking for radical pursuing them was wrong. “She ne'er received immoderate training,” Mr. MacMahon said. “She is simply a schoolteacher.”

But Mr. Olinits, nether questioning from Ms. Smolar, said that during the archetypal dormant driblet some of the Toebbes went to important lengths to spot if anyone was pursuing them, walking much than a mile and a fractional from wherever they parked their car, dressing arsenic hikers and bringing a camera to blend successful with different radical successful the area. Mr. Olinits said helium observed Mr. Toebbe permission accusation astatine a F.B.I. dormant driblet country with the assistance of Ms. Toebbe.

Prosecutors showed videos taken from the archetypal of the 4 dormant drops allegedly utilized by the Toebbes. Mr. Olinits said the Toebbes showed bully tradecraft, dropping the accusation quickly, past walking distant successful a mode intended to effort to observe anyone pursuing them. Ms. Toebbe looked connected arsenic prosecutors showed videos of her looking anxious, pacing and surveying the surroundings portion her hubby crouched to works representation cards containing the classified documents successful concealed places.

A enactment near astatine the last dormant driblet raised the imaginable that Mr. Toebbe and his household mightiness request to beryllium extracted from the United States, according to an F.B.I. affidavit successful the case. And the F.B.I. moved to apprehension the brace instantly aft witnessing the last drop, seemingly retired of interest that they mightiness statesman searching for different buyers.

During a raid connected the couple’s home, the F.B.I. recovered a cryptocurrency wallet, shredded documents, $11,300 successful currency and their children’s passports. Mr. Olinits said the Toebbes had a “go bag” with a computer, latex gloves and a USB drive. Their passports had expired and were being renewed by the State Department connected an expedited basis.

Mr. MacMahon said his lawsuit was readying a travel successful February to the Bahamas and was renewing her passport for that travel.

Julian E. Barnes reported from Washington, and Zach Montague from Martinsburg, W.Va.