By Matthew Russell Lee, Patreon Thread Song
BBC - Decrypt - LightRead - Honduras - Pod
SDNY COURTHOUSE, June 24 – When jury selection was completed for the retrial of accused CIA Vault 7 leaker Joshua Schulte, U.S. District Court for the Southern District of New York Judge Jesse M. Furman told the jurors, Do not read or say anything about the case. Inner City Press was there, and live tweeted here.
Judge Furman: I'm going to announce the selected jurors. [He reads out 16 names. Inner City Press took fast notes - on on Patreon here]
Inner City Press has filed opposing the sealing of the courtroom for CIA witnesses, and once the witnesses begin anticipates making other filings.
The June 14, 2022 opening arguments, as live tweeted by Inner City Press, are here.
On June 15, Schulte in his own defense engaged in his first cross examination, of FBI Agent Evanchec. Inner City Press live tweeted it here.
On June 16, Schulte completed his cross of Evanchec - then the US put on CIA supervisor Anthony Leonis in a (mostly) sealed courtroom, Inner City Press which seeks to unseal was there then live tweeted here.
On June 17, Leonis finished his direct and was cross examined by Schulte, with a deadline to finish before the end of the trial day. Inner City Press live tweeted it here.
On June 21, MITRE's (and now Microsoft's) Patrick Leedom did direct and then some cross examination by Schulte. Inner City Press live tweeted here.
On June 24 the trial resumed and Inner City Press live tweeted here:
Schulte at podium 5 feet from Juror 6, with 2 laptops, Post-It notes from stand by counsel. On exhibits screen: "Palo Alto Firewall" from HICKOK server.
Schulte: Do you have a contact in #Wikileaks? AUSA: Objection! Judge Furman: Sustained.
Schulte: Both friendly and unfriendly nations run cyber operations against each other, right? AUSA: Objection! Judge: Overruled. Leedom: I can't really speak to foreign policy.
NOTE: An alternate juror is sleeping Inner City Press @innercitypress · 3h Schulte zeroing in on mysqldump command. Leedom: This is a hypothetical scenario.
OK - they've back from break and more (frequent) live tweeting: [Judge Furman told Schulte to speed it up or he will shut him down] Schulte: You know working at the CIA is not a 9 to 5 job, right? Microsoft's Leedom: Right
Schulte: I move to introduce this exhibit, 1207... AUSA: Objection! Judge Furman: Sustained. Schulte: Ok. This script command is the one that generates files like these, right? AUSA: Objection. Judge: Sustained.
Judge Furman: Can I see the parties at sidebar? Jurors, you can use this time to stretch. [After sidebar:] Schulte: You testified I deleted log files on the ESXI server, correct? Leedom: Correct. Schulte: No further questions at this time (1:48 pm)
Judge Furman: Re-direct. ASUA: Mr. Schulte asked you if material had been deleted from his CIA work station and you referred to a host? Leedom: Yes, his DevLan, using Windows with a virtual machine.
Judge Furman: Mr. Denton, next witness. AUSA Denton: The government calls Michael Berger.... Who do you work for? Berger: For the FBI. As a computer scientist. I have a masters in computer forensics. I teach digital forensics at NYU.
AUSA Denton: Are you familiar with the FBI's CAT team? Berger: I'm a member the CAT, the Cyber Action Team. [Berger is qualified as an expert; Schulte does not object] AUSA: Did you work in the investigation into the Vault 7 leak to Wikileaks? Berger: Yes.
AUSA: Did Wikileaks suggesting using TOR to leak to it? Berger: Yes. AUSA: Did you find that Mr. Schulte used TOR? Berger: Yes, on a virtual machine in his apartment. Judge Furman: We'll break there for the week. Jurors, don't discuss the case. Keep an open mind. [Jury leaves]
Judge: Now much more direct with Mr. Berger? AUSA: An hour and a half. Judge: Mr. Schulte, some of your cross got bogged down, lost on the jury.
Judge Furman: Using the witness to get hearsay in front of the jury is not fair game. Now we'll reconvene in classified setting -- AUSA: Ask the defendant about his control of his own defense. Judge Furman: Do you control your defense? Schulte: Yes.
Schulte: I got the US letter about the defense witnesses yesterday in the SCIF, the Marshals let me stay until 5. I need time.
Judge Furman: You can be transported to and from the SCIF and we reconvene at 3:45.
The trial and this coverage will continue.
Here's from Judge Furman June 13 Order: "as discussed on the record at the classified hearing held on June 8, 2022, the Court concludes that the particular statement Defendant seeks to admit is admissible. The Court further concludes that the information should likely be admitted as a stipulation, which would give Defendant “substantially the same ability to make his defense as would disclosure of ” a portion of the document itself, pursuant to CIPA Section 6(c). See 18. U.S.C. app. 3 § 6(c). Accordingly, the parties shall propose an agreed upon stipulation or competing stipulations for the Court’s approval no later than June 17, 2022."
Previously, in the conclusion of the month long trial of accused CIA leaker Joshua Schulte, on the morning of March 9, 2020 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 November 9, 2021, a status conference was held before Judge Jesse M. Furman to whom the case was reassigned. Inner City Press live tweeted it here - the upshot was a May 23, 2022 trial date was set. Vlog here.
That has since been moved to June, with the admonition that it will not be further moved. Schulte has raised issues of how his right to represent himself is possible with law library, turned off computers and printer paper issues in the MDC.
This was was one of the issues at a May 18 pre-trial conference held on Courtroom 15A of 500 Pearl Street, where Judge Furman has been overseeing a drug trial Inner City Press is also covering, along with other criminal and civil trials. It stepped out - then found that a window had been opened to oppose courtroom sealing. It wrote in to Judge Furman, see below and The New Yorker of June 16: "Matthew Russell Lee, an independent journalist who covered the first trial, recently filed an objection to the government’s motion to seal the courtroom during testimony from C.I.A. officers, but it appears that that condition will again apply."
On June 8 there was a final pre-trial conference, also in courtroom 15A; Inner City Press live tweeted:
OK- at #CIA #Vault7 leak case of US v. Schulte, Inner City Press which has opposed sealing is here, with half dozen gov't reps.
Now US wants to quash subpoena on a witness.
Judge: I would like to avoid sidebars... esp due to Mr Schulte's US Marshals issue. [He has 2 Marshals sitting behind him]
AUSA: When we move to sealed witnesses... Judge: We'll have the jury leave too, to make no one is in the courtroom who shouldn't be. Openings at earliest Tuesday [and probably later]. Four alternates.
Judge: 10 peremptories for the defense. 6 for the US. I'll tell jurors Mr Schulte is charged with 9 crimes [incl with] Wikileaks.
Schulte: Stress that I am presumed innocent.
Judge: I intend to ask jurors if they are vaccinated and boosted.
AUSA: We want our experts and former case agent in the court during other witnesses' testimony. Judge: Experts yes, case agent no.
Judge: Witnesses cannot read transcripts or media. A/V dry run, you can do it when in the courtroom, Mr Schulte.
Schulte: I'll be here til 4 on my Friday SCIF day.
Judge: We'll take up the rest in our classified setting. Adjourned.
Then the prosecutors and Marshals stood around Schulte as he tried to charge his laptop. The continued session would be elsewhere in the courthouse, sealed.
Back on April 13, 2022, Judge Furman held a conference with Schulte present. Inner City Press live tweeted it here....
Previously, Judge Crotty held another proceeding with Schulte and his stand-by counsel. Schulte was moved to the MDC: "JOSHUA ADAM SCHULTE Register Number: 79471-054 Age: 33 Race: White Sex: Male Located at: Brooklyn MDC Release Date: UNKNOWN." [And see its Oct 15 MCC video here]
On March 2, 2021 were the closing arguments [in the first trial], 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 (Furman).
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
Feedback: Editorial [at] innercitypress.com
