The Toebbes pleaded not guilty this week to charges that they conspired to sell secrets of the Navy’s nuclear-powered Virginia-class attack submarines to a foreign country. In a detention hearing that followed, Mr. Toebbe did not contest the government’s efforts to confine him, but Ms. Toebbe’s lawyers mounted vigorous effort to have her freed before her trial.
In the court proceedings, prosecutors argued that the Toebbes had been considering fleeing the country for years. In the order, the judge highlighted encrypted text messages found on the couple’s phones after the F.B.I. raid.
“We’ve got passports, and some savings. In a real pinch we can flee quickly,” Jonathan Toebbe wrote, on March 7, 2019. Responding on the same day, Ms. Toebbe wrote: “Right. Let’s go sooner than later.”
In a hearing this week, Ms Toebbe’s lawyer, Edward B. MacMahon Jr., said the idea that Diana Toebbe was preparing to flee the country was rebutted by one clear fact: She and her husband had let their passports expire in February 2020.
Mr. MacMahon argued that with court monitoring, Ms. Toebbe was little threat to flee. Continuing to detain Ms. Toebbe would threaten her health, he said, and her two children needed the care of a parent.