This afternoon, in an cursory order with no analysis, the Ninth Circuit denied appellant Keith Gartenlaub’s motion for bail pending appeal. In 2014, the FBI investigated Mr. Keith Gartenlaub, a Boeing IT manager, for allegedly passing top secret plans for the Boeing C-17 military cargo plane to China. Conducting a secret search using a Foreign Intelligence Surveillance Act (FISA) warrant, the FBI found no evidence of espionage. The FISA searches, however, allegedly turned up evidence of child pornography on his computer, even though the evidence at trial failed to demonstrate that it was ever viewed or opened. In December of 2015 Mr. Gartenlaub was convicted of one count of receipt of child porn and one count of possession of child porn. The judge, however, dismissed the receipt of child porn count and its mandatory minimum sentence of 5 years based on a post-trial Rule 29 motion, and downwardly departed from the sentencing guidelines range. Tor Ekeland, P.C., alongside John D. Cline, represents Mr. Gartenlaub on appeal. Besides denying Mr. Gartenlaub’s motion, the Ninth Circuit docketed a publicly redacted version of one of the search warrants in the case (too large to upload, you can get it off of PACER). The defense, of course, has never seen the FISA warrants, which is one of the issues on appeal.
Here is the order denying bail pending appeal.26 Order Denying Bail on Appeal
The case is United States v. Keith Gartenlaub, No. 16-50339 (9th Cir.)