A federal judge in Virginia has dismissed an Espionage Act case against Indian-American scholar Ashley J. Tellis. The judge ruled in favor of Tellis, stating that prosecutors used the wrong statutory provision in charging him with unlawful retention of classified documents. Tellis, known for his expertise in international security and US foreign policy, had been accused of wilful retention of national defense information under Section 793(e) of the Espionage Act.
Tellis was alleged to have removed and stored 11 classified documents containing national defense information at his residence. However, Tellis’ legal team argued that the government charged him under the wrong subsection of the Espionage Act. They contended that Tellis, who held a high-level security clearance, was entrusted with the documents and thus did not fit the criteria of being in “unauthorized possession” of classified information.
The defense further pointed out that Tellis had not disseminated classified information or accessed files beyond his clearance authority. Prosecutors, on the other hand, had opposed relaxing Tellis’ bail conditions, citing concerns about his possession of classified material, including top-secret documents related to China’s nuclear and military capabilities. Despite this, after the dismissal of the case, Tellis sought the release of his secured bond, which was unopposed by prosecutors.
