By Matthew Russell Lee, Patreon Thread Song
BBC - Decrypt - LightRead - Honduras - Pod
SDNY COURTHOUSE, August 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.
Now 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. 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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