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By Matthew Russell Lee, Patreon Thread Song
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SDNY COURTHOUSE, June 27 – 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.

On June 27, FBI agent Michael Berger was cross examined, thread here:

Ok- US v Joshua Schulte trial Day 7, Assistant US Attorney still questioning FBI's Michael Berger seeking to link the Vault 7 transfer to Wikileaks to Schulte. 

AUSA: Do you recall the size of the Confluence back up in March of 2016? Berger: Tens of gigabytes. AUSA: Look at Page 93 of GX 1704. What is this use for? Berger: It's a utility to securely erase files.

AUSA: So here you can see the defendant -- Schulte: Objection - leading. Judge Furman: Fair point but I'll allow it. AUSA: At what time was the virtual screen saver unlocked? Berger: 3:15 am.Cross examination: Schulte: Let's talk about the hard drive found at my home. FBI Agent Berger: Ok.

Schulte: You didn't find any CIA drives in my home, did you? FBI Agent Berger: I don't know.

Schulte: You didn't take the drives from my home and compare them to CIA numbers? Berger: I didn't personally do that. I can't say one way or another. Schulte: Similarly you found my evidence that my hard drives were ever connected to CIA computers, right? A: No.

 Schulte: Is it conceivable that Wikileaks could track these versions from a much later backup? FBI's Berger: In order to only disclose some of the data? Is that what you're asking? They would need to have a copy of the March 3 data base.

Schulte: I wrote malware for the CIA, right? FBI Berger: Yes. Schulte: Including LINUX malware, right? FBI Berger: I don't know. Schulte: Wouldn't that be important, with what you've said about my Google searches?

AUSA: Objection! Judge Furman: Ask a new question Schulte: So you familiarized yourself with Wikileaks, right? FBI's Berger: Yes.

Schulte: And you became aware Wikileaks tries to help people providing information to them to conceal their identities, right? AUSA: Objection! Judge Furman: Overruled.

Schulte: I used the Plex service, allowing uploading of videos by many users, right? FBI's Berger: I was not aware.

Schulte: You testified about wiping a computer, right? A: Yes. There were files on your D-drive.

Schulte: Couldn't it have been an upgrade? A: Yes. Judge Furman: Jurors, we'll take our break. [Jury exits]

Judge Fruman: Who will be the next witness? AUSA: Jeremy Weber. Judge Furman: Ok, we'll see you back here. Thread will continue.

They're back - and Schulte is cross examining FBI's Berger about his Amazon purchases.

Schulte: So beyond the pillow cases & pancake maker, there was a docking station, correct? Berger: Yes. Schulte: We see the same device purchased again, right? Berger: Seems so.

 Schulte: In your presentation you wanted to imply that my docking station was used to transmit info, right?

AUSA: Objection! Judge Furman: Sustained. Schulte: Okay. Judge Furman: Can I see the parties at the sidebar? [Note: for the next witness, Jeremy Weber, Judge Furman has said the sealed courtroom procedures will be implemented, with people asked to leave, including the jury for a moment so they are not told it's sealed]

Schulte: You never found Brutal Kangaroo on my home computers, right? FBI's Berger: We did not. Schulte: Solid state drivers would be wiped differently than other drives, correct? Berger: Yes.

Schulte: Here, I was playing League of Legends, right? FBI's Berger: Yes. Schulte: And that's a video game, correct? FBI Berger: It is.

Schulte: Did you find that I stayed up late often playing League of Legends? FBI Berger: That was not part of my investigation.

 Schulte: There is no evidence I transferred anything to Wikileaks, right? FBI's Berger: Incorrect. The evidence that information was transferred to Wikileaks is the fact that they published it.

Schulte (laughs) - But that is not evidence that I transferred it.

Judge Furman: I suggest we move to re-direct while you fix your technical issues, Mr. Schulte. AUSA: Mr. Berger, what type of forensic artifacts would be relevent -

Schulte: Objection! Form! AUSA: Let me rephrase. AUSA: What would happen if you removed files from the Ray 5 Array?

FBI's Berger: The data would be recoverable. But not from a single drive. AUSA: You were asked about Google Search history- Schulte: Objection! Judge Furman: Overruled.

 AUSA: Mr. Berger, who conducted the activity that prevented your ability to reconstruct -- Schulte: Objection.

Judge Furman: Sustained. Any brief re-cross? [It's 2:43]

 Schulte: You found no artifacts of Tails, right? Berger: It was all wiped.

Schulte: You testified that the Wikileaks URL was needed to access to TOR service, right? FBI's Berger: Yes, through dot onion. Schulte: But you'd have to use the regular Internet, right? Berger: Someone could tell you what it is.

 Schulte: You said this was wiped and re-formatted, right? FBI's Berger: I said that's my opinion? Schulte: But it could have just been completely new, yes? Berger: It's possible.

 Schulte: You noted the time of April 18, 2016, correct? FBI's Berger: I'm not sure what you mean.

Judge Furman: Mr. Schulte, we are on borrowed time. Schulte: No further questions.  But wait there's more - after jury leaves, Judge Furman mentioned the possibility of compensating juror(s) for changes travel plans given trial already going on. Schulte: I got a video from the UN on June 14. It's prejudicial. AUSA: It replaces a prior version.

 AUSA: It was shown at the prior trial. It's just higher quality. Schulte: It doesn't show me doing anything. It just shows me in prison. AUSA: I don't recall the specifics of the video. We'll take a second look at it.

 Schulte: The next witness, Weber, I may go long on the cross because it would lessen my need for the other witnesses I've called. Judge Furman: The next witness will be subject to the courtroom closure procedures.

Schulte: GX 806 page 2, part of the notebook was redacted, it was intended for Judge Crotty. I wrote: There's been no reason over the past year we do not have access -- AUSA: We will object. He's saying the prosecutors lied.  Judge Furman: I'd like to review it.

 Schulte: With this next witness I may need to reference Classified Exhibit 1. Judge Furman: If you are asking to display it, we've litigated that, it's not necessary. Schulte: The pages about the bar tender, I'd like to reference it with the witness.

Judge Furman: That ship has sailed. It is only admitted as a classified exhibit not to be discussed in the courtroom. So you're not doing it. Schulte. Okay... The IRC chats, they were not admitted with years, so it's misleading.

 AUSA: If Mr. Schulte intends to call himself as his expert, he had to provide notice. And he hasn't. Judge Furman: I have not had the opportunity to research that legal question, but I would be surprised if that were not the law.

Judge Furman: OK, we are finished for the day. See you tomorrow.

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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