The Biden administration's first nonbinary official was put on leave in October after allegations surfaced that he stole a woman's luggage at an airport, according to the New York Post.

Sam Brinton, who identifies as genderfluid, was the deputy assistant secretary of the Office of Spent Fuel and Waste Disposition in the U.S. Department of Energy until he was charged with stealing a woman's Vera Bradley roller bag at the Minneapolis-St. Paul (MSP) International Airport on September 16.

Police confronted Brinton after video footage showed him taking the $2,325 bag from the luggage claim area. He was also seen using the bag during a subsequent flight in October.

Brinton initially denied the allegations. He then claimed he took the bag by mistake because he was tired after his trip.

Suspicious claims

His claims are suspicious, though, because he didn't check a bag on his flight. Why would he take any checked bag if he never checked one himself? That's a pretty major "mistake."

Furthermore, he continued to use the bag after realizing it wasn't his. Police obviously didn't think his story held water, since he was then arrested and charged with the theft, which is a felony.

He will have a hearing on the matter in Hennepin County on December 19.

Brinton faces up to five years in jail and a $10,000 fine for the theft if he is convicted.

What will happen?

Brinton's lawyers have asked for him to attend the trial virtually, arguing that it would be a hardship for him to travel to Minnesota even though he has done so previously and makes a salary of $178,000 per year.

The White House has not said whether Brinton will be allowed to keep his position if he beats the charges, or is convicted.

Brinton was attending an LGBTQ conference when he allegedly stole the luggage, something he did regularly, according to Breitbart News.

Brinton presented at some of the conferences and previously taught "Kink 101" workshops on college campuses.