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SDNY COURTHOUSE, Aug 12 – 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 re-indicted Schulte with a grand jury either in White Plains or Manhattan with virtual juror(s), his lawyers have asked for time to reply since they cannot easily reach him in MCC lock-down.

 Meanwhile on August 12 the US Attorney's Office filed opposition to Schulte's request for access to DEVLAN, as they put it: "Re: United States v. Joshua Adam Schulte, S3 17 Cr. 548 (PAC) Dear Judge Crotty: We write in response to the defendant’s July 28, 2020 letter renewing his request for full mirror images of the Central Intelligence Agency’s ESXi and NetApp servers. To be clear, the defendant is, in effect, requesting full access to DEVLAN—a breathtaking amount of highly classified data that has no relevance to the issues at trial or the opinions offered by the Government’s experts. Indeed, a full image of the NetApp server alone is enormous and includes, among other things, numerous daily backups of DEVLAN’s components and final copies of cyber tools that were never disclosed by WikiLeaks. In support of this vast request, which the Court has repeatedly denied, the defendant mischaracterizes the record and otherwise fails to identify any specific aspect of forensic discovery that was deficient. The defendant’s request should be denied once again. By way of background, on July 22, 2019, the Court issued an order granting, in part, the Government’s motion pursuant to Section 4 of the Classified Information Procedures Act (“CIPA”). (Dkt. 124). As relevant here, the Court reviewed and approved the Government’s methodology for producing forensic discovery in this case." Watch this site.
Inner City Press live tweeted the July 1, 11 am conference in the case:

Judge Crotty: Have you seen the indictment? Schulte: No. Shroff: We have discussed it but he does not have a copy. He pleads not guilty. Judge Crotty: There was a conference yesterday with jury clerk. [Inner City Press covered it: http://innercitypress.com/sdny13cfaillabaldeicp063020.html Inner City Press @innercitypress · 25m Shroff: We have asked if grand jury was in White Plains or in Manhattan with jurors by Zoom or some other video technology. [That's what came out yesterday: http://innercitypress.com/sdny13cfaillabaldeicp063020.html  Judge Crotty: Do you contemplate motions? Shroff: We don't know yet. Inner City Press @innercitypress · 24m Shroff: We need to meet with Mr. Schulte in the SCIF. And our expert, who is 78, declines to travel to New York. So I don't know. Inner City Press @innercitypress · 23m Shroff: We would want at least 45 days before coming back to court. We need to talk with Mr. Schulte. Judge Crotty: What are his conditions of confinement - solitary? Shroff: Yes. And there is no movement from MCC to court, so we can't get him to the SCIF. Inner City Press @innercitypress · 21m AUSA Laroche: That's right, nor the proffer room. Judge Crotty: What'll it take to get Mr. Schulte into the SCIF? Laroche: It seems to depend on phases. We think re-trial could be discussed outside of SCIF. Most of the exhibits are no longer classified.  "Most."Shroff: I hear from Federal Defenders the Court is working to put the next phase in motion. [Note: in a proceeding today before Judge Engelmayer which Inner City Press is also covering, a FD said David Patton told him he say no idea when SDNY will open.] Inner City Press @innercitypress · 13m Judge Crotty: Which trials go first will be decided by an assignment committee which will coordinate with the EDNY. So I think we should pick a date. Shroff: We need a new co-counsel. Mr. Branden has a motion to withdraw. Inner City Press @innercitypress · 11m Shroff:  I have a trial in EDNY with client not yet convicted of anything. So that will go first. AUSA Laroche - I disagree. Mr. Denton is government counsel in that case and it is not close to ready for trial. Oversea depositions. So this [Schulte] should go 1st. Inner City Press @innercitypress · 11m Shroff: My expert won't come to New York. There is no way I can try this case in the Fall.  Judge Crotty: Because of your prior commitment with Judge Ross [of EDNY]? Shroff: That's one of the reasons. Mr. Laroche's insistence should not change anything.Shroff: What about the grand jury motion? Judge Crotty: Any date we select is subject to review to the assignment committee. Shroff: I need to check to Judge Ross. It's not up to Mr. Laroche. Judge Crotty: The world changed in March. Inner City Press @innercitypress · 4m Judge Crotty: OK, I'm relieving Mr. Branden and appointed Ms. Colson. Does she have the appropriate security clearances? Shroff: Could I have four weeks? Courtroom deputy: July 29? Shroff: How about August 3? Judge Crotty: August 3, then. Anything else? Inner City Press @innercitypress AUSA Laroche: Since on the jury question Judge Failla has set July 14 for a letter on issues in the Balde case [which Inner City Press also covers: http://innercitypress.com/sdny13afaillabaldeicp052120.html ] let's put ours off until after that. 11:36 AM · Jul 1, 2020·Twitter Web App View Tweet activity 1  Like Inner City Press @innercitypress · 25s Replying to  @innercitypress Shroff: We need to travel to interview people. Judge Crotty: But the quarantine.  Shroff: Right.  AUSA Laroche: We move to dismiss Count 6 to the S.2 indictment. Judge Crotty: Granted. We are adjourned.

 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 Count 6 has been dismissed.

  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

 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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