By Callie Teitelbaum, Kelly Jones
June 5, 2026 / 2:15 PM EDT / CBS News
A U.S. judge has ordered former CIA official David Rush to remain in custody following the discovery of $40 million worth of gold bars in his home. U.S. Magistrate Judge William Fitzpatrick determined Rush to be a significant flight risk. Fitzpatrick highlighted Rush’s ability and motive to elude law enforcement.
Rush is facing a charge of stealing public money. In May, the FBI investigated Rush for potentially falsifying details about his academic and military history. During a search of his home, agents found 303 gold bars, $2 million in cash, and over 30 luxury watches. The prosecution argued these items were a means for Rush to diversify into commodities for clandestine purposes.
Government attorneys described Rush as a “master manipulator” during an open hearing, accusing him of deceit toward neighbors and colleagues, and abusing his senior position. A Justice Department attorney emphasized that Rush is “untrustworthy” and has shown a willingness to circumvent rules.
Currently, Rush is held in solitary confinement. Although at present, the primary charge against him is related to around $70,000 in fraudulent timesheets, prosecutors believe significant amounts of money remain unaccounted for. Jessica Carmichael, Rush’s defense attorney, contended that the gold bars were declared to the FBI, with the codes for access willingly provided by Rush.
The issue of untraceable funds might involve foreign currency, although Rush’s defense claims the government hasn’t clarified its relevance or pursued it effectively. An FBI affidavit suggests that Rush sought substantial foreign currency between November 2025 and March 2026.
Carmichael argued against the government placing the onus on the defense to trace foreign currency. She also maintained that the charges against Rush are sensationalized. “Mr. Rush never claimed ownership of the gold bars,” Carmichael stated in court.
While accepting some of Rush’s defense arguments may sound “bizarre and secretive,” Carmichael highlighted how Rush’s career could involve such activities. She proposed home detention with monitoring as an alternative to custody, and criticized the Justice Department’s approach to the case as chaotic. Carmichael also mentioned learning about new evidence in a sealed hearing and expressed concern over the discovery process.
FBI Director Kash Patel, CIA Director John Ratcliffe, and Acting Attorney General Todd Blanche have briefed top lawmakers on the situation. Sarah N. Lynch contributed to this report.
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