By Matthew Russell Lee, Patreon Thread Song
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SDNY COURTHOUSE, June 21 – 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:
OK - it's US v Josh Schulte trial, Day 5.
Judge Furman: Jurors, welcome back. Government, you may proceed.
Assistant US Attorney: Good morning. Remind us, what did Mr Schulte do?
Microsoft's Patrick Leedom: He reverted to an earlier date. Then I investigated the network. The FBI was making forensic images
AUSA: How did you come to focus on Mr. Schulte? Leedom: It all starting point back to him. When we reviewed his machines and his logs, we found some very suspicious things. AUSA: Let's put up the chart and compare what #Wikileaks published to Mr. Schulte's logs
AUSA: What's the difference between a desktop and a server? Microsoft's Leedom: A server is in a rack. It is basically like a beefy desktop.
AUSA: What type operating system ran on DevLAN? Leedom: Window, Mac OS and Linux. AUSA: We offer this chart of DevLAN into evidence. Judge Furman: Any objection? Schulte: No objection.
AUSA: At the risk as asking the obvious, what is "Date Created"? [Jurors look bored - which happened during the first trial, too. This could take a while - but Schulte's own cross-examination of Microsoft's Leedom should be something]. Thread continues...
AUSA: Did you review what Wikileaks published? Leedom: I did, the actual web pages. AUSA: Where did the March 7 leak come from? Leedom: The March 3 Confluence back-up. AUSA: How do you know? Leedom: The command was missing an argument.
AUSA: Let's look at what was posted on #Wikileaks. What is this? Leedom: A page from the #Vault7 release. AUSA: Did it appear as it would have on Confluence on DevLAN? Leedom: Yes.
Leedom: Wikileaks has its own font and color, but that's superficial. The information is the same. I didn't go though the page relationship or navigation directory. AUSA: What conclusions did you draw? Leedom: It made it easier to figure out how they stole it.
Leedom: We know this "165" is Schulte's workstation. Here, he requests administrative access to OLB Libraries, as SchulJo AUSA: Does some person have to take an action to generate the event? Leedom: Since he had the permissions, it was automatic. Judge Furman: Mr Denton, would this be a natural place to stop?
AUSA Denton: Yes, your Honor. Judge Furman: OK, jurors, we'll take our break. Enjoy it. [Jury leaves] AUSA Denton: We may finish direct today. We are 2 days behind. [Oh, that pesky cross-examination]
Schulte: I want to note depending on how the government, once they get a chance to look at the letter I sent them, there may be a need to introduce the classified exhibit on cross. Judge Furman: That's not happening this afternoon. [Thread will continue]
[They're back] AUSA: Did this session by Mr. Schulte eventually end? Leedom: Yes, he logged out at 1:47. AUSA: Do you see where he said "all private keys have been destroyed"? Leedom: Yes. But he was still using them.
AUSA: Any activity with regard to the March 3 back up? Leedom: Yes, they were accessed on April 20. Then he as administrator deleted log files- not normal.
Judge Furman: Could you just explain the basis for that testimony? Leedom: Only delete when out of space.
Leedom: Having worked on cases where people nefariously hack in -- Schulte: Objection! Judge Furman: Overruled.
AUSA: Did the defendant revert to that snapshot right away? Leedom: He had to create a new one first. But eventually yes. A client on his work station was used to make this, at 5:29 pm on April 20.
Leedom: It's my opinion that these files were copied by the defendant. AUSA: How do you know this? Leedom: Wikileaks published these exact files. Schulte: Objection! Judge Furman: Overruled.
Leedom: It seems Mr. Schulte was using a scorched earth approach, just deleting all the log files and not just the juicy ones. AUSA: What do you conclude? Leedom: That the log deletions were successful.
AUSA: No further questions. Judge Furman: Cross examination. Schulte: Hello. Slide 89 - these are your forensic findings, correct? Leedom: Yes.
Schulte: You state in bullet 1, "Schulte used" - but in bullet 2 you just say they were accessed, right? Leedom: Yes.
Schulte: These were based on logs you retrieved from my CIA work station, right? Leedom: Yes. Schulte: But my work station would have not been impacted from the reversion, right? Leedom: I don't understand.
Schulte: You met with the prosecutors to prepare, right? Leedom: Yes. Schulte: It was flattering to be picked to work on the case? Leedom: It was.
Schulte: Raise your profile in the MITRE Corporation? Leedom: In some ways. Schulte: Now you're at Microsoft. A: Yes Schulte: DOJ is paying for your hotel? Leedom: Yes. Schulte: You had lunch with the prosecutors?
Leedom (laughs) Yes I did. Schulte: You prepared your slides with Mr. Denton? Leedom: Yes I did. Schulte: You had complete access to the DevLAN machines, right? Leedom: Yes. Schulte: But you didn't recognize many of the CIA tools, right?
Leedom: Right. Schulte: So someone else would have been more qualified -- AUSA: Objection! Judge Furman: Sustained.
Schulte: Do you recall that the government said it must have happened on March 7? Leedom: I'm a little blurry on that. Schulte: Where did the FBI get that date?
Leedom: I don't remember. Schulte: Were you involved in that analysis? Leedom: I was in transition.
Schulte: Did you review the security of DevLAN? Leedom: Yes. Schulte: How was its security? Leedom: Below average. Schulte: Di
d you research the permission to access Stash? Leedom: I didn't really work on that specifically.
Schulte: Did you know that Stuxnet was all over DevLAN? AUSA: Objection! Can we have a sidebar? Judge Furman: The objection is sustained.
Schulte: Would they know if someone just downloaded information onto a thumb drive? Leedom: I don't know. I can't speak to that. Judge Furman: This is where we'll call it for the day - until Friday. Don't discuss the case.
[Jury leaves] Judge Furman: Mr Leedom, sorry you'll be here longer. But you're being compensated. You are excused. [Leedom leaves]
Judge Furman: Mr Schulte came close to saying he wasn't given any forensic images. Is a curative instruction needed? AUSA: If/when.
AUSA: There is a problem with Mr. Schulte saying, "Were you aware" - it's like he's testifying.
Judge Furman: Ask more neutrally. Given the pace, I think we'll run to or past July 10. Adjourned.
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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