Surpassing:FBI: Former U.S. soldier offered China top-secret national defense information

A former U.S. Army Sergeant accused of offering classified national defense information to China was arrested on Surpassingfederal felony charges Friday upon arrival from a three-year stay in Hong Kong. 

Joseph Daniel Schmidt, 29, had access to top secret information pertaining to China, which he offered to the Chinese Consulate in Turkey and Chinese security services weeks after his separation from the military, court documents allege. He traveled to Hong Kong in March 2020 and remained in China, primarily Hong Kong, until his return Friday, according to the U.S. Attorney's Office. 

Schmidt flew into San Francisco from Hong Kong and was arrested at the airport, officials said.

“Members of our military take a sworn oath to defend our country and the Constitution,” said Acting U.S. Attorney Tessa M. Gorman for the Western District of Washington. “In that context the alleged actions of this former military member are shocking – not only attempting to provide national defense information, but also information that would assist a foreign adversary to gain access to Department of Defense secure computer networks.”

Schmidt’s charges – attempt to deliver national defense information and retention of national defense information – are both punishable by up to 10 years in prison and a $250,000 fine. He was the only person charged in the indictment, and there are no related indictments filed against anyone else, a spokesperson for the U.S. Attorney's Office told USA TODAY.

FBI: Former soldier researched extradition, treason

Schmidt was an active-duty soldier from January 2015 to January 2020, and his primary assignment was at Joint Base Lewis-McChord in Washington state, according to a 21-page affidavit filed in court by Federal Bureau of Investigation Special Agent Brandon Tower.

Schmidt supervised human intelligence reporting, analysis and products, the affidavit said. His area of work was directly linked to the Indo-Pacific Command, the Department of Defense's geographic combatant command that covers the Pacific and Indian Ocean region, including China.

Schmidt had access to systems containing information classified up to “Top Secret,” a level of intelligence that could cause “exceptionally grave damage” to national security if disclosed without authorization, Tower said.

While on active duty, Schmidt took personal leave to go to China in 2017. In a copy of his visa application that he emailed to himself, Schmidt expressed interest in Chinese culture and said he planned to visit annually, according to the affidavit. In January 2020, six days after transitioning to inactive duty status, Schmidt flew to Beijing for less than a week, and to Istanbul the following month.

In February 2020, he conducted internet searches related to extradition, including “countries that dont extradite” and “can you be extradited for treason,” according to court documents.

Ex-soldier’s alleged email to Chinese Consulate

According to the affidavit, Schmidt emailed the Chinese Consulate in Istanbul on Feb. 24, 2020 about divulging information.

“I have a current top secret clearance, and would like to talk to someone from the Government to share this information with you if that is possible,” the email stated, according to court documents. The email went on to request a meeting in-person, expressing concerns about communicating over email.

He also created a Word document a couple days later, titled “Important Information to Share with Chinese Government,” the affidavit said.

Court documents listed multiple emails Schmidt allegedly sent to the consulate and Chinese security services, as well as documents he created that contained national defense information. Officials did not say whether the information was received by China, only stating that he attempted to transmit it. The affidavit said emails offering information were sent.

‘Overstaying in Hong Kong’

Since arriving in Hong Kong in March 2020, Schmidt attempted to get a job in China and subsequent immigration papers so he could relocate to China, the affidavit said. Four months later, Hong Kong immigration authorities denied his application for a visitor status extension and said he had been “overstaying in Hong Kong.”

However, he was eventually granted a work permit from China in August 2020 and has continued to "pursue legal immigration status,” in Hong Kong, the affidavit said, while waiting to relocate to China.

Email to sister expresses dissent with U.S. government

In a May 2020 email to his sister included in the affidavit, Schmidt expressed dissent with the U.S. government and said he would be “going off the map for a long time.”

“The real reason I left America is because of a disagreement with American policy. I don’t talk about it often, but I learned some really terrible things about the American government while I was working in the Army, and I no longer feel safe living in America or like I want to support the American government,” the email said, according to court documents.

Schmidt is scheduled for an identity and detention hearing Tuesday in San Francisco, after which he will appear in Western Washington District Court where the indictment was returned for further court proceedings, a spokesperson for the U.S. Attorney's Office told USA TODAY.