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

SDNY COURTHOUSE, Jan 31– A week before the trial of accused CIA leaker Joshua Schulte, set to begin February 3, a public hearing was held on January 27 about the US Attorney's requests to seal the courtroom for some witness and limited media attendance to a single pool reporter banned from reporting any physical characteristics of the CIA witnesses.

   On this issue, Inner City Press before the public hearing filed three one-page letters in opposition; at the January 27 public hearing it summarized the points), along with speakers from the Daily News, New York Post and AP.

   At the end U.S. District Court for the Southern District of New York Judge Paul A. Crotty asked Assistant US Attorney Matthew Laroche if his Office objects to live video feed to the SDNY Press Room, not showing the witnesses' faces. AUSA Laroche said no objection.

 Now after 5 pm on Friday, January 31, Judge Crotty issued an order stating among other things that "The Court asked the Government about the requests from the press. The Government did  not oppose the request that two pool reporters be permitted to attend the testimony of Protected  Witnesses or the request for a live feed to be transmitted to the courthouse pressroom. The Court  asked the Government about the possibility of a video feed that would display the courtroom, but  not the Protected Witnesses, instead of an audio feed. The Government did not oppose this  alternative.  Finally, the Court asked the Government to estimate the length of testimony for Protected  Witnesses. The Government estimates that the testimony requiring partial closure of the  courtroom would be approximately one-third of the trial. The Court confirmed that the  Government would seek to impose similar measures for similarly situated CIA witness that are  called by the defense.... The courtroom will be closed during the Protected Witnesses' testimony, with the exception of essential courtroom personnel, the parties, the defendant's family, and two pool reporters. There will be a video feed (that will not show the protected witnesses) transmitted to an adjoining courtroom and the courthouse press room. The Government is directed to make transcripts and exhibits available to the public no later than the evening after the day of testimony." Watch this site.

  On the issue of the trial exhibits, on which Inner City Press noted in writing and orally that the US Attorney's Office has of late denied requests for exhibits, ignoring for example Inner City Press' FOIA request for its OneCoin / US v. Mark Scott exhibits, AUSA Laroche said exhibits will be made available the next day. There seems to be no reason this should not and will not apply to other criminal proceedings in the SDNY. More on Patreon here.

 On transcripts, Inner City Press raised the issue of the high cost, for less corporate media. AUSA Laroche, seemingly contrary to his letter, said that transcript will be made available on some undefined delay, for redaction. But what about the costs? The Daily News noted no closures for El Chapo in the EDNY; the New York Post noted that a written description like blond or bald could hardly identify a witness and the AP correctly noted that in-house journalists in the SDNY do not seek to put anyone in danger.

  Judge Crotty said he will issue an order soon; the request for US v. Schulte feeds has already been made. Watch this site.

   Back on January 24, for which a feed was denied, an issue that arose was Schulte's letters complaining that his assigned counsel James M. Branden is not providing assistance of counsel. Now in the docket is a letter from Branden, dated January 24, stating that because of a hearing in White Plains he could not attend the final pre-trial conference for Schulte. Something is very wrong with this. And this:

  A basic PACER search by Inner City Press finds that Schulte in April 2019 filed a civil lawsuit against the US Attorney General. There is a docket number: 19-cv-3346. Photo here.

  But even on the SDNY Press Room PACER terminal when Inner City Press clicked on the Complaint, it replied, "You do not have permission to view this document." So who does? And is this a public court system? We will have more on this.

   Assistant US Attorney Matthew Laroche argued that while prospective jurors will be shown witnesses real names, it will only by in hard copy and thereafter some 17 of them will be referred to by pseudonyms.

  Schulte's lawyer Sabrina Shroff, still with the Federal Defenders for purposes of this case, insisted on calling these "fake names," and complained about the difficulties imposed in conducting basic research on potential witnesses.

US Attorney for the Southern District of New York Geoffrey S. Berman is asking to have the public excluded from the courtroom during the testimony of several of these CIA witnesses: ten called by the prosecution, and seven the defense seeks to call.

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 (Crotty).

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