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Vault 7 Leak Trial of Schulte FBI Berger
On TOR & Tails then Sealed on Defense
Witnesses
By Matthew
Russell Lee, Patreon Thread Song
BBC
- Decrypt
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SDNY COURTHOUSE,
June 24 – When jury selection
was completed for the retrial
of accused CIA Vault 7 leaker
Joshua Schulte, U.S. District
Court for the Southern
District of New York Judge
Jesse M. Furman told the
jurors, Do not read or say
anything about the case. Inner
City Press was there, and live
tweeted here.
Judge Furman: I'm
going to announce the selected
jurors. [He reads out 16
names. Inner City Press took
fast notes - on on Patreon here]
Inner City
Press has filed opposing
the sealing of
the courtroom
for CIA
witnesses, and
once the
witnesses
begin
anticipates
making other
filings.
The June 14, 2022
opening arguments, as live
tweeted by Inner City Press,
are here.
On June 15,
Schulte in his own defense
engaged in his first cross
examination, of FBI Agent
Evanchec. Inner City Press
live tweeted it here.
On June 16,
Schulte completed his cross of
Evanchec - then the US put on
CIA supervisor Anthony Leonis
in a (mostly) sealed
courtroom, Inner City Press
which seeks to unseal was
there then live tweeted here.
On June 17,
Leonis finished his direct and
was cross examined by Schulte,
with a deadline to finish
before the end of the trial
day. Inner City Press live
tweeted it here.
On June 21,
MITRE's (and now Microsoft's)
Patrick Leedom did direct and
then some cross examination by
Schulte. Inner City Press live
tweeted here.
On June 24 the
trial resumed and Inner City
Press live tweeted here:
Ok- US v Schulte trial Day 6, Schulte
crossing Microsoft's Leedom, courtroom thread
Schulte at podium 5 feet from Juror 6, with 2
laptops, Post-It notes from stand by counsel.
On exhibits screen: "Palo Alto Firewall" from
HICKOK server.
Schulte: Do you have a contact in #Wikileaks?
AUSA: Objection! Judge Furman: Sustained.
Schulte: Both friendly and unfriendly
nations run cyber operations against each
other, right? AUSA: Objection! Judge:
Overruled. Leedom: I can't really speak to
foreign policy.
NOTE: An alternate juror is sleeping
Inner City Press @innercitypress · 3h Schulte
zeroing in on mysqldump command. Leedom: This
is a hypothetical scenario.
OK - they've back from break and more
(frequent) live tweeting: [Judge Furman told
Schulte to speed it up or he will shut him
down] Schulte: You know working at the CIA is
not a 9 to 5 job, right? Microsoft's Leedom:
Right
Schulte: I move to introduce this exhibit,
1207... AUSA: Objection! Judge Furman:
Sustained. Schulte: Ok. This script command is
the one that generates files like these,
right? AUSA: Objection. Judge: Sustained.
Judge Furman: Can I see the parties at
sidebar? Jurors, you can use this time to
stretch. [After sidebar:] Schulte: You
testified I deleted log files on the ESXI
server, correct? Leedom: Correct. Schulte: No
further questions at this time (1:48 pm)
Judge Furman: Re-direct. ASUA: Mr. Schulte
asked you if material had been deleted from
his CIA work station and you referred to a
host? Leedom: Yes, his DevLan, using Windows
with a virtual machine.
Judge Furman: Mr. Denton, next witness.
AUSA Denton: The government calls Michael
Berger.... Who do you work for? Berger: For
the FBI. As a computer scientist. I have a
masters in computer forensics. I teach digital
forensics at NYU.
AUSA Denton: Are you familiar with the FBI's
CAT team? Berger: I'm a member the CAT, the
Cyber Action Team. [Berger is qualified as an
expert; Schulte does not object] AUSA: Did you
work in the investigation into the Vault 7
leak to Wikileaks? Berger: Yes.
AUSA: Did Wikileaks suggesting using TOR to
leak to it? Berger: Yes. AUSA: Did you
find that Mr. Schulte used TOR? Berger: Yes,
on a virtual machine in his apartment. Judge
Furman: We'll break there for the week.
Jurors, don't discuss the case. Keep an open
mind. [Jury leaves]
Judge: Now much more direct with Mr. Berger?
AUSA: An hour and a half. Judge: Mr.
Schulte, some of your cross got bogged down,
lost on the jury.
Judge Furman: Using the witness to get hearsay
in front of the jury is not fair game. Now
we'll reconvene in classified setting -- AUSA:
Ask the defendant about his control of his own
defense. Judge Furman: Do you control your
defense? Schulte: Yes.
Schulte: I got the US letter about the
defense witnesses yesterday in the SCIF, the
Marshals let me stay until 5. I need time.
Judge Furman: You can be transported to and
from the SCIF and we reconvene at 3:45.
The trial and
this coverage will continue.
Here's from
Judge Furman June 13 Order:
"as discussed on the record at
the classified hearing
held on June 8, 2022,
the Court concludes that the
particular statement Defendant
seeks to admit is
admissible. The Court further
concludes that the information
should likely be admitted as
a stipulation, which
would give Defendant
“substantially the same
ability to make his defense
as would disclosure of ”
a portion of the document
itself, pursuant to CIPA
Section 6(c). See 18.
U.S.C. app. 3 § 6(c).
Accordingly, the parties shall
propose an agreed upon
stipulation or competing
stipulations for the Court’s
approval no later than June
17, 2022."
Previously, in
the conclusion of the month
long trial of accused CIA
leaker Joshua Schulte, on the
morning of March 9, 2020 the
jury returned guilty verdicts
on Counts 8 and 10, with
mistrial granted on all other
counts. U.S. District Court
for the Southern District of
New York Judge Paul A. Crotty
set March 26 for the next
date.
Then it was moved
to April 22 (then May 18).
March 9 thread here.
Song here.
On
November 9, 2021, a status
conference was held before
Judge Jesse M. Furman to whom
the case was reassigned. Inner
City Press live tweeted it here
- the upshot was a May 23,
2022 trial date was set. Vlog
here.
That has
since been moved to June, with
the admonition that it will
not be further moved. Schulte
has raised issues of how his
right to represent himself is
possible with law library,
turned off computers and
printer paper issues in the
MDC.
This was
was one of the issues at a May
18 pre-trial conference held
on Courtroom 15A of 500 Pearl
Street, where Judge Furman has
been overseeing a drug trial
Inner City Press is also
covering, along with other
criminal
and civil
trials.
It stepped out - then found
that a window had been opened
to oppose courtroom sealing.
It wrote in to Judge Furman,
see below and The New Yorker
of June 16: "Matthew Russell
Lee, an independent journalist
who covered the first trial,
recently filed an objection to
the government’s motion to
seal the courtroom during
testimony from C.I.A.
officers, but it appears that
that condition will again
apply."
On June 8 there
was a final pre-trial
conference, also in courtroom
15A; Inner City Press live
tweeted:
OK- at #CIA
#Vault7 leak case of US v.
Schulte, Inner City Press
which has opposed sealing is
here, with half dozen gov't
reps.
Now US wants to
quash subpoena on a witness.
Judge: I would
like to avoid sidebars... esp
due to Mr Schulte's US
Marshals issue. [He has 2
Marshals sitting behind him]
AUSA: When
we move to sealed witnesses...
Judge: We'll have the jury
leave too, to make no one is
in the courtroom who shouldn't
be. Openings at earliest
Tuesday [and probably later].
Four alternates.
Judge: 10
peremptories for the
defense. 6 for the US.
I'll tell jurors Mr Schulte is
charged with 9 crimes [incl
with] Wikileaks.
Schulte: Stress
that I am presumed innocent.
Judge: I
intend to ask jurors if they
are vaccinated and boosted.
AUSA: We want our
experts and former case agent
in the court during other
witnesses' testimony. Judge:
Experts yes, case agent no.
Judge: Witnesses
cannot read transcripts or
media. A/V dry run, you can do
it when in the courtroom, Mr
Schulte.
Schulte: I'll be
here til 4 on my Friday SCIF
day.
Judge:
We'll take up the rest in our
classified setting. Adjourned.
Then the
prosecutors and Marshals stood
around Schulte as he tried to
charge his laptop. The
continued session would be
elsewhere in the courthouse,
sealed.
Back on
April 13, 2022, Judge Furman
held a conference with Schulte
present. Inner City Press live
tweeted it here....
Previously, Judge
Crotty held another proceeding
with Schulte and his stand-by
counsel. Schulte was moved to
the MDC: "JOSHUA ADAM SCHULTE
Register Number: 79471-054
Age: 33
Race: White
Sex: Male
Located at: Brooklyn MDC
Release Date: UNKNOWN." [And
see its Oct 15 MCC video here]
On March
2, 2021 were the closing
arguments [in the first
trial], which Inner City Press
tweeted, thread here
More on
Patreon here.
See Inner City
Press filing into the docket
on Big Cases Bot, here.
Watch this site. The case is US
v. Schulte, 17-cr-548
(Furman).
***
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