In Other Media-eg New Statesman, AJE, FP, Georgia, NYT,  Azerbaijan, CSM Click here to contact us     .

By Matthew Russell Lee, Patreon
BBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, Jan 22 – For the upcoming trial of accused CIA leaker Joshua Schulte, US Attorney Geoffrey S. Berman is asking to have the public excluded from the courtroom during the testimony of several CIA witnesses. Now even coverage of the January 24 pre-trial conference is being hindered.

On January 21, District Judge Paul A. Crotty scheduled a public hearing on Berman's request, to be held on January 27 in the run-up to the trial scheduled to begin February 3. Inner City Press will be there for both.   

  On the morning January 22, Inner City Press has submitted a preliminary opposition to sealing to Judge Crotty and his Courtroom Deputy, copies to the US Attorney and Federal Defender. By the afternoon, it was filed in the docket:

"The following transaction was entered on 1/22/2020 at 2:59 PM EST and filed on 1/22/2020 Case Name:    USA v. Schulte Case Number:    1:17-cr-00548-PAC Filer:     Document Number:    261 Docket Text: Docket Annotation as to Joshua Adam Schulte from the media: Objection to courtroom closure measures by Inner City Press."

 Now on January 24, Assistant US Attorney Matthew Laroche has filed a nine page letter about the proposed restrictions, to which Inner City Press has immediately responded in opposition, stating in part:

"Dear Judge Crotty:     This supplements the January 22, 2020 submission on this topic on behalf of Inner City Press and in my personal capacity. The government's proposed restrictions on access to this proceeding are unacceptable.    As if to address the legal problem of banning the public and press from the courtroom in this important criminal prosecution, the government proposes while limiting others to a live feed without the image of the CIA witness to allow a single pool reporter to be in the courtroom.   But the government does not disclose what restrictions it would seek to impose on this pool reporter. Can they see but not tell others what they say? Can they disclose that they are only reporting part of what they see?   The issue of the live feed must be addressed, including in connection with the January 24 final pre-trial conference. Inner City Press earlier this week requested live feeds of the FPTCs in US v. Avenatti before Judge Gardephe, and of this proceeding.     The Avenatti feed was provided, and for that we are grateful. But on January 22 I was updated that no live feed of the final pre-trial conference in this proceeding would be provided. I then asked if the live feed of the January 27 "public hearing" would be provided and was told, No.    This must be explained, and we argue, reversed. For the record, Inner City Press was told by your fellow SDNY Judge Paul A. Engelmayer on October 17, 2019 that if it wanted a feed, "with enough notice we can accomodate." 18-cr-834, #364, pg 23. Without the feed, Inner City Press' live-tweeting drew an "incident report" a copy of which I have yet to see. This hinders reporting.    This is a request, with more than enough notice, for live feeds of the final pre-trial conference and of the trial. It is also a formal request that the courtroom not be closed, particularly since the names of the CIA witnesses will apparently not be given."

  We'll have more on this.

   Judge Crotty's order had alluded to a limited but live feed - but now despite request it appears that will not be available for the January 24 final pre-trial conference (a type of proceeding Inner City Press live tweeted in US v. Avenatti on January 22, here) and, it seems, even of the purported public hearing. Inner City Press has asked - we'll have more on this.

Schulte has been charged to providing WikiLeaks with information about the CIA's hacking activities, which WikiLeaks subsequently published in its "Vault7" trove.

Since then Schulte has been accused of further dissemination of information from the Metropolitan Correctional Center, and put into solitary confinement there.   

For months Inner City Press, even as it has complained about being unceremoniously ordered to leave certain courtrooms including that of Judge Crotty, has observed lawyers headed to the "SCIF" on the ninth floor of the U.S. District Court for the Southern District of New York at 500 Pearl Street.  

 One of Schulte's lawyers, Sabrina Shroff who also represented former Senegal foreign minister Cheikh Gadio in a UN bribery trial Inner City Press covered, has indicted she was constrained in what she could say. She has complied with all rules, however restrictive. But information wants to be free.    

  As noted in its January 22 letter, on July 22, 2019 Inner City Press went to Judge Crotty's courtroom for the case US v. Perlson but was told by Judge Crotty to leave. Inner City Press said, "I am a reporter. If you are going to try to close a public courtroom there must be specific findings, for specific portions. There is case law."  Inner City Press pointed out US v. Haller, 837 F.2d 84, 87 (before closing a proceeding to which the First Amendment right of access attaches, the judge should make specific, on the record findings demonstrate that closure is essential to preserve higher values and is narrowly tailored to serve that interest). 

 There followed a sidebar, apparently transcribed, from which Inner City Press was excluded. At the end Judge Crotty while ordering Inner City Press to leave said that the government's case was moving along well and that he hoped to unseal the transcript in a month. 

 Six months later, the case still shows up as "cannot find case" in PACER.

Often when the Schulte case has appeared in the day's Events Calendar in PACER, with proceeding scheduled for Judge Crotty's Courtroom 14C, Inner City Press has gone, only to find the courtroom door locked.  

Now, at least on January 27, the door will be open. Inner City Press will be there, and while hoping to live tweet from right there, will publish a full article immediately after. Watch this site. 

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA

Mail: Box 20047, Dag Hammarskjold Station NY NY 10017

Reporter's mobile (and weekends): 718-716-3540

Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2020 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com for