The federal government confirmed on Friday it would not seek the death penalty against a Colorado Springs man who stands accused of attempting to transmit information about national defense to a foreign agent.

“It’s a significant outcome,” said U.S. District Court Judge Raymond P. Moore. “But I don’t think there’s anything terribly surprising about that outcome. And I don’t think anybody in this room is terribly surprised about it.”

Jareh Sebastian Dalke appeared in court in downtown Denver, where his defense attorneys and prosecutors confirmed the parties had exchanged unclassified information and were making progress toward the review of classified materials related to the case.

Dalke, a former civilian employee of the National Security Agency, allegedly transmitted classified information to a federal agent posing as a Russian. He faces six criminal counts under the Espionage Act, which carry a penalty under the law of death or up to life in prison.

No trial date is set.

According to an arrest affidavit and previous testimony in court, Dalke believed he was communicating with a Russian operative and was arrested Sept. 28 after using encrypted email to transmit excerpts and one full classified document.

Dalke allegedly agreed to transmit more information using a secure connection that investigators had set up at Denver’s train station.

Dalke, an Army veteran, served as an NSA information systems security designer from June 6-July 1. He requested $85,000 for additional information, according to his arrest affidavit.

Dalke told the undercover agent that he planned to take and share other documents and reapplied to the NSA in August. 

The NSA collects and analyzes signals from foreign and domestic sources for the purpose of intelligence and counterintelligence.

Dalke, who has degrees related to cybersecurity, allegedly began communicating by encrypted email with the undercover agent in late July after the agent wrote to him saying the agent had been informed that they should talk about “items of mutual benefit.”

At one point, Dalke allegedly told the agent that his heritage “ties back to your country (Russia),” which is why he said he has “come to you as opposed to others,” it said.

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