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CIA Leak Case US Says No Service In SCIF
Hallway As Schulte Files New Detailed
Motion
By Matthew
Russell Lee, Patreon Thread Song
BBC
- Decrypt
- LightRead - Honduras
- Pod
SDNY COURTHOUSE,
August 31 – 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 August 23
Schulte as filed two pro se
motion, to review the
classification of filings in
the docket, for a complete
copy of the docket - and to
delay his second trial. In the
first, he writes that "I
require not only a complete
electronic docket and all
associated unclassified
filings for my review in my
torture cage at the MCC, but
also a complete electronic
docket for review at the
SCIF." For the delay, Schulte
cites the government's failure
to re-establish SCIF
appearances.
On August 30,
more: in a letter "by hand,"
Schulte asked Judge Crotty to
end the practice of chaining
him to the floor in the SCIF,
with a two foot leash which
"greatly hinder [the] ability
self-represent." He against
asks for the docket, on CD /
DVD.
On August 31, the
US Attorney's Office
complained of Schulte serving
them papers by leaving them in
the hall outside the SCIF.
Schulte filed a new motion,
stating among other things
that
"on March 15,
2017, Special Agents Jeffrey
David Donaldson and Richard
John Evancheck initiated
contact with Mr. Schulte in
the lobby of Bloomberg LP at
120 Park Avenue... they
relocated to the Pershing
Square Diner at 90 East 42nd
Street." And the rest is
history. Watch this site.
On August 3,
Schulte filed a motion, as
"Slave #79471054," for "24/7
access to a legal library that
enables the user to search
court documents, filings,
motions, opinions, annotations
and other essentials" -
Westlaw. Also, access to
discovery and a printer, and
to his mail. It begins.
On July 27,
2021, Judge Crotty approved
Schulte's ex parte July 26
request for a call with his
parents, but said SDNY Civil
Division must oversee it "to
ensure full compliance with
the protective measures that
exist in this case."
Now on July 29,
the US Attorney's Office has
written, to say that the Civil
Division AUSA will monitor
with call and will not be
"walled" from the FBI; it asks
for notice and an opportunity
to be heard before any future
modifications of the Special
Administrative Measures." A
family call. They cc Schulte
himself, in the MCC. Letter on
Inner City Press'
DocumentCloud here.
On June
15, Judge Crotty noted that
Schulte now wants to represent
himself (pro se) at the
October trial, then asked the
US Attorney's office to brief
that - transcript on Inner
City Press' DocumentCloud, here.
On July 26, Judge
Crotty approved Schulte's
request: "OPINION & ORDER
as to Joshua Adam Schulte.
Defendant Joshua Adam Schulte
("Defendant" or "Schulte") is
a former employee of the
Central Intelligence Agency
("CIA") charged with stealing
national defense information
from the CIA and transmitting
it to Wikileaks. Schulte, who
is currently scheduled to
stand trial in October 2021,
moves to discharge legal
counsel and represent himself
in this criminal action. The
Court held a Faretta Hearing
on July 14 and 22, 2021, and
reserved judgment on Schulte's
motion. For the foregoing
reasons, Schulte' s motion to
discharge legal counsel and
proceed pro se is GRANTED. The
Government is directed to
personally serve a copy of
this Opinion & Order
forthwith to Schulte." Full
order on Inner City Press'
DocumentCloud here.
The
first Faretta hearing
was held, but not concluded on
July 14. Inner City Press live
tweeted some of it then, in
the courtroom, watched as
Schulte whispered with his
(stand-by?) counsel. Judge
Crotty said it must be an
unequivocal waiver of counsel
but that Schulte was asking
for access to a printer, and
Westlaw or LEXIS-NEXIS, and
his discovery.
AUSA Lockhard
said there are constrained. No
one asked about the hours'
long access to discovery that
Ghislaine Maxwell, for
example, has. Judge Crotty
said confer and reconvene July
21 at 2:30 pm. Inner City
Press aims to be there. Here
and below, the July 14 thread:
(and podcast
here)
On the
morning of July 22, before a 1
pm Faretta hearing
continuation, the US
Attorney's Office has written
to Judge Crotty that two
charging wire hard drives will
be replaced so they can be in
Schulte's cell. Legal research
database time will increase to
10 hours a week. The SCIF can
be accessed, with stand-by
counsel.
At 1 pm the
second Faretta hearing was
held and Inner City Press
attended and live tweeted it,
here
(and podcast here)
Schulte in prison
blues stands to be sworn in. 2
US Marshals stand too. Judge
Crotty reads Faretta script,
asks Do you still want to
proceed pro se?
Schulte:
Yes. I want to go pro se
regardless of the outcome.
Stand-by counsel
Sabrina Shroff: He's
competent. Judge Crotty: I
will rule on July 26. [Why not
today?]
Schulte: My mail
takes 3 months.
Judge
Crotty: What else do you have?
Schulte: I want an electronic
copy of the docket. I've
brought some letters...
Judge Crotty:
Make a motion and serve the
government. Schulte: How? Will
they serve me in the SCIF?
Judge Crotty: You're
incarcerated. It's hard
Schulte:
I'm a pre-trial detainee, I
should be able to represent
myself.
Judge Crotty: I
will rule Monday. And he did.
Back 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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