Amid CIA
Leaks Trial Deliberations Schulte Case
against DOJ Unsealed On Blogger Request
By Matthew
Russell Lee, Patreon Maxwell
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LITERARY
SDNY, July 9 – In the endgame of
the US v. Josh Schulte trial, with
Friday morning being taken up with the
legal instructions, a verdict seemed
unlikely.
But Kurt
Wheelock rushed to the courthouse, by
way of the UN where he filmed
a stand-up with his phone, and proceeded
to live tweet the jury charge,
especially on what could constitute
National Defense Information.
Could it already be public? Yes. To
Kurt, this seemed like a problem. Should
there be a privilege, then, for
publishing anything said in open court,
even if my mistake? Schulte had put in a
letter, docketed late, asking
sarcastically if a hot chocolate recipe
could be NDI.
Finally the jury came out with a note,
but it was only for a black magic
marker. Then more substantive, they
asked for the testimony of Patrick
Leedom, formerly of MITRE, now of
Microsoft. Why hadn't Shulte actually
put on his expert as a witness?
Meanwhile
during Friday's jury deliberations Judge
Furman was still considering Kurt's
application to unseal Schulte's civil
case.
One
of those few following the trial asked
Kurt, What civil trial? So by sealing,
even that was hardly known. Kurt
wondered, Would it get unsealed, or the
request even docketed, in time?
Just
before 5 o'clock on Friday, Judge Furman
docketed and granted
Kurt's Press application for unsealing
in Schulte's civil case, except for one
document still under review, Schulte's
Habeus Corpus petition.
Among the documents unsealed
was Schulte hammering former Attorney
General Jeff Sessions' October 26, 2018
memo to the MCC accusing Schulte of
including classified information in a
bail application.
But
where was Sessions' memo? More on
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