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CIA Leaks Schulte Case US Asks for July 7
Extension To Respond About Grand Jury
By Matthew
Russell Lee, Patreon Thread Song
BBC
- Decrypt
- LightRead - Honduras
- re
CNN
SDNY COURTHOUSE,
June 17 – In the conclusion of
the month long trial of
accused CIA leaker Joshua
Schulte, on the morning of
March 9 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.
Now after
the US Attorney's Office said
it anticipates re-indicting
Schulte with a grand jury in
early June, his lawyers have
asked for a week to reply
since they cannot easily reach
him in MCC lock-down. Inner
City Press worked to cover a
June 1, 10:30 am conference in
the case, but nothing.
On June 9
the US Attorney's Office filed
this: (S3) SUPERSEDING
INDICTMENT FILED as to Joshua
Adam Schulte (1) count(s)
1sss, 2sss-3sss, 4sss, 5sss,
6sss, 7sss, 8sss, 9sss.
(jbo)." Full text on Patreon here.
Now on
June 17, the US Attorney has
asked for more time to respond
to Schulte's lawyers request
for Grand Jury information,
citing a decision in another
SDNY case Inner City Press is
reporting on: "Re: United
States v. Joshua Adam Schulte,
S3 17 Cr. 548 (PAC) Dear Judge
Crotty: We write to
respectfully request
additional time to respond to
the defendant’s June 15, 2020,
request for records and papers
used in connection with the
constitution of the Master and
Qualified Jury Wheels in this
District. We have learned that
similar motions have been made
in other cases in this
District. See United States v.
Balde, No. 20 Cr. 281 (KPF);
United States v. Williams, No.
20 Cr. 286 (WHP); United
States v. Baker, No. 20 Cr.
288 (LJL); United States v.
Henry, No. 20 Cr. 293 (LJL).
Yesterday in Balde, Judge
Failla issued an order
granting the Government’s
request to speak with Linda
Thomas, this District’s Jury
Administrator, prior to taking
a position on the motion in
that case, and scheduling a
call with the Government,
defense counsel, and Ms.
Thomas for June 30, 2020, at
2:00 p.m. (See No. 20 Cr. 281,
Dkt. 21, Exhibit A). In that
order, Judge Failla also
directed the Government to
coordinate with counsel in
“any other cases with similar
motions” so that they may also
participate on the call.
Accordingly, the Government
respectfully requests that the
Court adjourn the current June
19, 2020 response deadline so
that the Government and
defense counsel can
participate on the call with
Ms. Thomas prior to litigating
the defendant’s motion. If the
Court grants this request, the
Government respectfully
requests until July 7, 2020 to
file a substantive response to
the defendant’s motion." Watch
this site- and this.
More on Patreon here. Song
here.
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
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....
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.
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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