Defense Department Contractor to Remain Jailed in Classified Records Case

A federal judge ordered a U.S.-Turkish dual citizen who worked for the U.S. Department of Defense to remain in jail while he awaits trial for allegedly mishandling classified documents.

Gokhan Gun, a 50-year-old Defense Department civilian from Falls Church, Virginia, was arrested outside his home on August 9. That day, Gun was allegedly carrying papers, including a document that was marked Top Secret, while on his way to the airport for a trip to Puerto Vallarta, Mexico, according to prosecutors. Gun said that he was going to Mexico for a fishing trip.

On August 13, U.S. Magistrate Judge Ivan Davis ruled that Gun could await trial on home detention, saying that it was “too far of a leap” to assume his trip was connected to his mishandling of documents.

Prosecutors had claimed that Gun’s trip, along with the fact that he was carrying classified documents and his intelligence-community credentials, was circumstantial evidence of his intent to distribute the documents. Davis said until prosecutors could provide stronger evidence, the case is the same as any other classified-documents case, therefore he should be free before trial.

Prosecutors immediately appealed Davis’ decision, keeping Gun in jail, and on Thursday, U.S. District Judge Michael Nachmanoff overruled Davis and ordered Gun to remain in jail as he awaits trial.

Prosecutors have deemed Gun both a flight risk and a danger to leak government secrets. Upon searching his home, government officials found other classified documents. Additionally, the Top Secret document found in Gun’s backpack during his arrest referenced “research and development of a highly technical nature” that could let U.S. adversaries harm national security, according to a review from an Air Force intelligence expert whom prosecutors cited.

Gun’s lawyer, Rammy Barbari said that it was speculative to assume that Gun intended to take the Top Secret document with him to Mexico, according to court documents. He also said Gun printed out thousands of unclassified documents, suggesting Gun could have printed the classified documents by mistake.

Meanwhile, prosecutors said Gun began printing out large quantities of unclassified documents a few months after obtaining security clearance and often did so late in the day after his colleagues left. They claim Gun began mixing classified documents into the unclassified documents and that he printed out his largest batch of classified documents two days before he was arrested.

Gun worked as an electrical engineer with the Joint Warfare Analysis Center (JWAC) where he held a Top Secret security clearance since September. He was born in Turkey and earned U.S. citizenship in 2021.

Gun may be hit with more serious charges under the Espionage Act, according prosecutors.