By Matthew Russell Lee, Patreon Thread Song
BBC - Decrypt - LightRead - Honduras - Pod
SDNY COURTHOUSE, June 15 – 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:
Judge Furman: Cross examination.
Schulte (unmasking) Good afternoon.
Evanchec: Hello, Mr. Schulte.
Schulte: From the outset of your investigation, I was the only suspect?
Evanchec: You were the only one we could substantiate anything against.
Schulte: You had unfettered access to DEVLAN, correct?
Evanchec: Yes.
Schulte: You testified that the CCI office is in an undisclosed location, correct? Evanchec: Yes. Schulte: But DD1 is where the CIA brings all of its job applicants, right? Evanchec: It was not a topic of my investigation.
Schulte: You're saying the leak was from Confluence? Evanchec: Well, all but many a page of two. Schulte: But this is an important part of your investigation... I'm struggling to understand - you just don't remember, or you never figured out?
Evanchec: My involvement dwindled after our interactions. Schulte: So you just don't know. Evanchec: I'll leave my testimony at what I've said. Schulte: Pull up GX 5-2. At the bottom here it lists previous versions, correct? Evanchec: It does.
Schulte: So if Wikileaks received the March 6, 2016 version they could have selected the March 3 version, correct? AUSA Lockard: Objection (off mic) Judge Furman: Sustained. Please use the microphone. Schulte: Were you aware that malware could change file times?
Evanchec: I am not personally aware. Schulte: Did you ever speak with the director of the CIA about this case? Evanchec: I was in earshot of a conversation.
Schulte: Who was the director? Evanchec: Michael Pompeo. Schulte: Did you meet with the CIA on June 26, 2017?
Evanchec: I can't recall the dates. Schulte: Do you recall the CIA telling you to go after me with everything? Evanchec: I don't recall.
Schulte: What are link messages? Evanchec: Internal messages. Schulte: Do you recognize this?
Evanchec: Appears to be a transcript of instant messaging chats. Judge Furman: Say the exhibit number. Make a record. Schulte: DX 101-1. I'd like to publish this to the jury. AUSA: Objection. Judge: Sustained. Schulte: OK.
Schulte: Does it refresh your recollection about meeting with the CIA? Evanchec: No. Schulte: Does it refresh your recollection about going to Baltimore? AUSA: Objection. Judge Furman: Sustained. Schulte: OK. We met March 15, 2017, correct? Evanchec? Yes.
Schulte: And you and Agent Donaldson took me to the Pershing Square diner, right? Evanchec: Yes. Schulte: Did you give me a Miranda warning? Evanchec: No, we did not. Judge Furman: Jurors, this comes from Miranda v. Arizona [etc]
Schulte: Did you say this OIG email was classified? Evanchec: I did. Schulte: There's a big difference --
Judge Furman: Just ask a question. Schulte: Do you not think that I simply misunderstood what you were talking about? AUSA: Objection Judge Furman: Sustained
Schulte: You did not record our interview, right? Evanchec: I did not. Schulte: Are you aware that nearly all police departments not require body cam video? AUSA: Objection. Judge Furman: Sustained.
Schulte: So before you came to talk to me at Bloomberg you selected Pershing Square diner, correct?
Evanchec: I did not personally choose it. Schulte: You had agents at Pershing Square diner and they could have set up video or audio, right? Evanchec: We could have
[After jury leaves]
Judge Furman: Mr. Schulte, while you're doing better than I might have expected for someone with no trial experience, please ask standby counsel especially about refreshing recollection and getting exhibits in. I see them handing you post-it notes.
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).
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