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CIA Leak Case As Schulte Wants To Go Pro
Se, So Faretta Hearing July 14 in SDNY
By Matthew
Russell Lee, Patreon Thread Song
BBC
- Decrypt
- LightRead - Honduras
- re
CNN
SDNY COURTHOUSE,
July 7 – 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.
On March 22
for his second trial, Schulte
with the US Attorney's
Office's consent proposed to
Judge Crotty delaying the
second trial from May 10 to
the fourth quarter of 2021,
with time under the Speedy
Trial Act to be excluded to
October 1.
On June
15, Judge Crotty noted that
Schulte now wants to represent
himself (pro se) at the
October trial. If other cases
in SDNY and DDC are any guide,
that will require a Faretta
hearing. Judge Crotty has
asked the US Attorney's office
to brief that - now see
transcript on Inner City
Press' DocumentCloud, here.
Actually,
it was the US Attorney's
Office which questioned if a
Faretta hearing will be
needed. They also questioned
how Schulte could be "alone"
with the FBI and not a Marshal
in the 9th floor SCIF; it
seems the Marshals have a
backlog after all the COVID
lockdowns. There is also the
question of the defense
expert. Again, see transcript
here.
Now on July 7,
the Faretta hearing has been
set: "Notice of Hearing: A
Faretta Hearing is scheduled
to go forward on: Wednesday,
July 14, 2021 @ 2:30 PM, 500
Pearl Street, Courtroom 14-C
before Judge Paul A. Crotty."
Docketed
only on May 19 was a May 5
handwritten letter from
Schulte to Judge Pauley,
noting that his legal mail is
reaching him six weeks late.
He also reminds Judge Pauley
of his pending motions, which
he says are being "pocket
vetoed," including for
"mirror" images of the CIA's
servers. Watch this site.
On May 10,
Schulte wrote to Judge Crotty
asks for more legal research
access than Lexis - Nexis. He
wants the same access as AUSAs
have to pleadings and exhibits
- that is, it seems, to PACER.
On May 11, the US
Attorney's Office said not so
fast, Schulte has three
lawyers and cannot "slip into"
pro se status at will. Their
letter quotes this quote:
"'Any pro se motions made by
Marcus, however, will be
summarily denied.' (cleaned
up))." Cleaned up? On
May 19, Judge Crotty denied
this motion.
Watch this site.
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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