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CIA Leak Trial Jury Is Aligned On 2 Counts
Schulte Asks Mistrial or This Allen Charge
On Rest
By Matthew
Russell Lee, Patreon Thread
BBC
- Decrypt
- LightRead - Honduras
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Source
SDNY COURTHOUSE,
March 9 – In the end game of
the trial of accused CIA
leaker Joshua Schulte, on the
afternoon of Friday, March 6
the jury said it is aligned on
two counts and at an impasse
on the remaining counts: that
is, on eight counts.
Live tweeted thread here.
Whether
the alignment is guilty or not
guilty, this may be seen as a
loss for the prosecutors. More
on Patreon here.
And now on
March 9, Schulte's lawyer have
asked a mistrial on the
remaining counts, or for a
specific "Allen charge" (or
dynamic charge) - "Hon. Judge
Crotty: The defense
respectfully requests that the
Court receive the jury’s
verdict on two counts, declare
a mistrial on the remaining
counts, and discharge the
jury. This jury has been
sitting for five weeks. It has
worked diligently and has
submitted in excess of 20
notes. At this point, we
believe that any Allen charge
will bring undue pressure on
the jury to reach a verdict.
Nevertheless, if the Court
wishes to give a supplemental
instruction, the defense
proposes the following
language, which is adapted
from Judge Sand’s
treatise: I understand
that you have not been able to
reach a verdict on eight of
the counts. I am going to ask
that you return to the jury
room and continue your
deliberations a bit longer to
see whether a unanimous
verdict is possible. The
instructions which I
previously gave still apply.
Specifically, I remind you
that you should discuss and
consider the evidence, listen
to the arguments of your
fellow jurors, present your
individual views, and consult
with one another. You should
not hesitate to change your
views if you are convinced
they are erroneous. However,
you should not surrender a
conscientiously held belief
simply because you are
outnumbered or merely in order
to reach a verdict. I
also remind you that you must
acquit the defendant unless
the government has proven his
guilt beyond a reasonable
doubt." Watch this.
Judge Paul
A. Crotty told the jurors to
go home for the weekend (and
to watch out for Coronavirus
and crowds). He said things
will resume on Monday, March
9. It is getting to end game.
Back on the
afternoon of February 28 the
US in an emergency hearing
dropped Count 2 against
Schulte, and admitted that it
can never be revived: jeopardy
has attached. Inner City Press
has obtained the transcript
and tweeted
and uploaded it here
on Scribd, on Patreon here.
On March
5, Judge Paul A. Crotty and
both side's lawyers held a
closed door proceeding in the
judge's robing room. Afterward
Assistant US Attorney Matthew
Laroche said that the
transcript should be sealed
until after a verdict.
Inner City
Press immediately wrote to
Judge Crotty and the docket,
for the fifth time in this
proceeding (here's III and
IV): "Dear Judge
Crotty: This
supplements the January 22, 23
and 26 and February 24, 2020
submissions on this topic on
behalf of Inner City Press and
in my personal capacity. Your
Honor on Janaury 31 ruled
inter alia that "[t]he
Government is directed to make
transcripts and exhibits
available to the public no
later than the evening after
the day of testimony." Docket
No. 293, at 15.
This morning after a robing
room discussion about Juror
Number 5 (and perhaps other
matters) from which the press
was excluded, AUSA Laroche
urged your Honor to seal the
transcript of that discussion
until AFTER there is a
verdict. That is unacceptable,
and inconsistent with your
previous order. The
purpose of this letter is to
formally request at the
earliest time - 10 minutes
after AUSA Laroche's
statement, your ruling on
which is unclear - that the
transcript of the robing room
proceeding be made available
immediately, as well as all
other exhibits which Inner
City Press has continued
available to the public on https://www.patreon.com/MatthewRussellLee."
Meanwhile,
as now excused Juror 5 left
the courthouse, Inner City
Press caught the tail / end of
her comments to two intrepid
tabloids. She specializes in
buttocks sculpting - and most
explosively, indicted that she
believed Schulte was naughty
but not guilty. This would
seem at a minimum to provide
fuel for a defense appeal in
the event of a conviction. But
first - the transcript. Watch
this site.
On March
4, the jury deliberated for a
full second day without
reaching a verdict. Or perhaps
the whole jury did not
deliberate - as Inner City
Press first tweeted (thread here),
the foreperson passed out a
note that Juror Number Four
(whose name was said) was
refusing to deliberate with
others, was conducting their
own inquiry into the evidence.
Schulte's lawyer Zas urged
Judge Crotty to let time
elapse before acting. Could
this type of independent
inquiry be more favorable to
Schulte than that US? Thread here;
Inner City Press is staying on
the case.
On March
3, the jury deliberated and
asked at least nine questions.
Inner City Press live tweeted
it, thread here.
There were questions about
locking and unlocking
computers, and if Schulte was
ever diagnosed with Asperger's
Syndrome, a matter raised in
cross-examination. Perhaps of
concern for the defense was
the lack of questions about
alternate suspect Michael.
At day's
end in Judge Crotty's
courtroom gallery it was only
Inner City Press and one of
the Assistant US Attorneys,
who waited to say he and
Schulte's lawyers would try to
answer some of the questions
the next day, March 4. Inner
City Press will be there -
watch this site.
On March 2
were the closing arguments,
which Inner City Press
tweeted, thread here.
AUSA Laroche: Joshua Schulte - King
Josh, he thought he was - reinstated his
privileges without authorization. It was a
huge red flag. So the CIA acted - it tried to
keep him out. But it left a backdoor, that he
used...
Schulte was so focused on getting his
privileges back he is willing to lie again.
He's logging in and out all day. This is his
IP address - he's logging in. He's using that
key, that session, to view log files.
Let's recap what happened. At 7:17 pm he
logged in again. Then 7:44 pm he's using that
left-over key to view log files as an
administrator with absolutely no reason. He
was planning to steal the information.
The information WikiLeaks published must have
come from back-up files, and we know the dates
of the files... Defendant reverted the files
to a time when he had full access. Minutes
later, he steals the back ups. And he deletes
log files.
AUSA Laroche: You know it was the defendant -
this 766 number, it is his session. It was
stored in his unallocated space. You will see
that the defendant searches again and again
for it....
Schulte's lawyer Sabrina Shroff: DEVLAN was
wide open. Passwords were leaked. There were
not audit logs. The witnesses told you DEVLAN
was the Wild, Wild West.... They called DEVLAN
a "dirty network." It had very easy passwords.
Simply carrying the data out the door on a
hard drive would not be difficult.
Shroff points at the AUSAs - "They don't
know." They look down at their hands. Shroff:
He tells you, the Alta backups were wide open.
Shroff: Michael was present at his desk when
the government says the data was taken. The
computer evidence they claim points to Mr.
Schulte, it fails to support the government's
case.... The thumb drive was removed 26
minutes *before* the reversion. And it was too
small, and write-protected. Maybe the culprit
is the one living at home on paid
administrative leave.
Shroff: Let's look at Government Exhibit
1207-27. Mr Denton told you March 3 was the
very day Mr Schulte felt the CIA had wronged
him. But there's nothing in the evidence that
Mr. Schulte viewed March 3, 2016 as
particularly significant.
Did he use a cell phone? Sure. But
that's not what he's charged with. Your job as
jurors is to put the government to these test.
I told you at the beginning of the trial, Mr.
Schulte was a difficult employee. That is all
the government has shown in over the past four
weeks....
AUSA Kamaraju: Ms Shroff spent a lot of time
talking about this thumb drive, more time than
we did. We told you he was nervous and wiped
it even that it wasn't plugged in during the
key time ... These is only one conclusion:
Joshua Schulte is guilty of the charges.
Judge Crotty: We'll have a half an hour break
then I'll instruct you on the law.
Back when the
trial 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, the last one here.
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
objected to
live video
feed to the
SDNY Press
Room, not
showing the
witnesses'
faces. AUSA
Laroche said
no objection -
which should
mean feeds for
this all other
proceedings,
when
requested. On
February 4, Inner City Press
live-tweeted the opening
arguments, here.
And here
a song.
On February
24, while an FBI agent
testified about ham-handed
interview of Schulte, Inner
City Press live tweeted thread
here,
the US Attorney's Office as it
is required made available
some exhibits, which we'll
make available without paywall
here on Patreon. But it
still did NOT provide the
audio files it played the
jury. This violated Judge
Crotty's order.
So on
February 24 Inner City Press
wrote another formal letter to
Judge Crotty, here,
cc-ing the US Attorney's
Office and Schulte's lawyers,
urging release of the audio
and video exhibits.
And lo and
behold on February 25 some
were released: a video Inner
City Press published here,
and here,
and a series of audio
exhibits, for example here
and here.
Now five more here.
And the February 26 exhibits,
in near real time, here.
On
February 26 the US put in as
exhibits emails involving
journalist Shane Harris, some
arbitrage of whether to send
to him or NYT, while opposing
admission of the CIA memo
about suspending Michael. Feb
26 thread here.
So will Michael be a witness?
Watch this site.
Early on
February 26, Schulte's lawyers
wrote to Judge Crotty that
"the defense is unable to call
its computer expert, Dr.
Steven M. Bellovin, as a trial
witness. As we have previously
explained, Dr. Bellovin,
despite repeated requests, was
never permitted access to the
full 'mirror images' of the
CIA’s ESXi and FSO1
Servers—images to which the
government’s expert has long
been granted full and
unrestricted access." Grounds
for appeal, if necessary?
On Febuary
25, a witness was whisked away
to the US Attorney's Office,
letter below; this after the
Press was told to leave the
14th and 5th floors, and the
complaint letter still not put
in the docket.
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
(Crotty).
***
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