By Matthew Russell Lee, Patreon Thread Song
BBC - Decrypt - LightRead - Honduras - re CNN
SDNY COURTHOUSE, June 19 – 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. Watch this site.
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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