| In
CIA Leak Case Schulte Cited Wikileaks Task
Force Brady Violation and Gets SRV02
Server
By Matthew
Russell Lee, Patreon Thread Song
BBC
- Decrypt
- LightRead - Honduras
- Pod
SDNY COURTHOUSE,
Sept 23 – 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 September 15,
Judge Crotty held another
proceeding with Schulte and
his stand-by counsel. It
emerged that the MCC will
*not* be fully shut down.
Inner City Press live tweeted
it, below.
Docketed on
September 21 was an 11 page
letter by Schulte allege Brady
violations by the government,
citing a Lync message by Agent
Evancheck including that
"there was a backup of the
Atlassian products on the File
Share that every DevLAN user
had access to." On this basis,
Schulte asks for acces to "the
ESXi Server, and the FS01
server."
On September 23,
Judge Crotty granted in part
and denied in part: "Schulte's
motion is GRANTED in part and
DENIED in part. To the extent
that it has not already done
so, the Government is directed
to produce to the SCIF the
Vault 7 Leak and the SRV02
server by October 6, 2021. If
the SRV02 server cannot
promptly be located, the
Government is directed to
produce a duplicate copy by
October 6, 2021. The
Government is further
instructed to coordinate with
the CISO and the FBI to ensure
that Schulte has "ample
opportunity" to review the
SC01 desktop in compliance
with statutory guidance for
disclosure of items allegedly
containing child pornography.
See 18 U.S.C. § 3509. Finally,
the Government is directed to
file with the Court by October
6, 2021 a letter confirming
that the foregoing
arrangements have been made.
All disclosure contemplated in
this Order is to comply with
the various protective orders
and procedures for classified
information that already
constrain the parties. To the
extent Schulte seeks
unclassified disclosure of the
Vault 7 Leak, the SRV02
server, or the SC01 desktop,
his request is denied.
Further, Schulte's request for
partial, unrestricted
production of SC01 is denied."
Watch this site.
From September
15: Schulte's shadow/stand-by
counsel says some of the SDNY
US Attorney team are not
vaccinated, wants only
vaccinated prosecutors to come
into the SCIF.
AUSA Lockhard
does not disagree.
Judge Crotty: The
computers in the SCIF are
related to child pornography?
Schulte: No, it's the Snowden
documents
Schulte:
With trial approaching, I
wanted the court to know that
this discovery has never been
reviewed by me, in five
years. My stand-by
counsel checked and none of
these computers are in the
SCIF.
Josh Schulte: I
was just hoping to not be
chained to the floor
anymore. Judge Crotty:
What is the security issue,
Mr. Lockhart?
AUSA: The
Marshals requested the
chain-up condition. Judge
Crotty: I'll find out what the
Marshals' concerns are.
Schulte: What if I need
resources from the court, like
$10 for a CD / DVD drive? What
if I have classified or ex
parte filings for the Court?
Judge Crotty: Use stand-by
counsel.
Schulte:
The motions I'm filing, under
Local Rule 49(b) they're
supposed to answer in 2 weeks.
My cell phone suppression
motion, they haven't
responded. Can you remind
them? Judge Crotty: Mr.
Lockhart? AUSA Lockhart: The
defendant has filed a lot of
motions.
Schulte: The
Court ordered the MCC to allow
me VTC calls with my family.
But this month, I was
scheduled for September 3. I
was told that the MCC is going
to allow family visits, so
they don't have to abide by
the Court's order any more.
Judge Crotty: Mr.
Schulte where are you housed
now? Schulte: They've
informed me that in the middle
of October the prison is
shutting down and they're
supposed to be moving us.
They'll take my laptop two
weeks before they move us. In
the middle of trial.
AUSA
Lockhart: We were informed
this week that Mr. Schulte
will not be moved. We are
informed that a portion of the
MCC will be left open, for in
custody defendants and
witnesses, and Mr. Schulte.
[Breaking: AUSA
says MCC is *not* fully
shutting down]
Judge Crotty:
Anything else? Schulte: Not
for me AUSA Lockhard: Not for
the government.
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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