By Matthew Russell Lee, Patreon Thread Song
Decrypt - Q&A - Pod - Brutal Kangaroo Book
SDNY COURTHOUSE, August 9 – 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.
[July 20 denial of access here; Brutal Kangaroo]
On July 25 after conviction Schulte sent his own letter to Judge Furman that "we intend to seek immediate sentencing on the counts of conviction" and that he wants "once-weekly SCIF days as the CP case has classified forensic evidence - home computers and servers that were 'classified.'"
Co-stand by counsel Colson, meanwhile, asking Judge Furman "to be relieved as counsel in connection with Mr. Schulte's child pornography case," and offering to filing a supplemental letter under seal.
Inner City Press live tweeted Schulte's July 26 proceeding, here.
On August 7 Schulte's lead counsel requested, and August 8 Judge Furman endorsed, "On July 28, 2022, Mr. Schulte was handed a search warrant, and his laptop from the Metropolitan Detention Center located in the Eastern District of New York was seized by the government. When informed by Mr. Schulte of this, I contacted the United States Attorney’s Office for the Eastern District of New York and requested a copy of the search warrant and any affidavits in support of the warrant. Within minutes of my email, I received a response from Mr. Pravda, Co-Chief of the National Security Unit, directing me to the AUSAs in the Southern District of New York. I then emailed and requested a copy of the documents from United States Attorney’s Office for the Southern District of New York, but I received no response. This letter motion follows, seeking an Order that the government immediately provide a copy of the search warrant1 and the affidavit(s) in support of that warrant to Mr. Schulte via counsel. Further, the Court should Order the government not to review the contents of the Schulte laptop until this matter is fully briefed and argued." Full letter on Patreon here.
On August 9, Judge Furman denied most of this: "MEMO ENDORSEMENT as to Joshua Adam Schulte on [926] LETTER MOTION Mr. Schulte's Request for the Affidavit underling the search warrant executed on July 28, 2022 and a replacement laptop: The Court sees no basis to intervene at this time, substantially for the reasons stated by the Government in its letter (and because the search warrant was obtained in a different District). Most of what counsel says was on the laptop (most notably, the trial transcript) can be provided to Mr. Schulte by counsel through other means. To the extent that seizure of the laptop hinders Mr. Schulte's preparation of his post-trial motions, he may seek an appropriate extension. The Clerk of Court is directed to terminate Docket No. 926. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/9/2022)."
On August 5 Judge Furman relieved Colson, but declined her suggestion that David Stern be her replacement: "ORDER as to Joshua Adam Schulte. On July 25, 2022, the Court received a motion from Deborah Colson to be relieved as defense counsel. See Doc. No. 886. The Court granted the application but reserved judgment on whether or whom to appoint in Ms. Colson's place. The Court concludes that new Criminal Justice Act counsel is appropriate and hereby appoints Caesar De Castro the CJA lawyer on duty today (who has the appropriate security clearance as well). (Signed by Judge Jesse M. Furman on 8/5/22)." It's for the CP case.
Vlog (shot in Brooklyn by EDNY) here.
Back at the beginning of the re-trial: 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 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.
On June 27, FBI agent Michael Berger was cross examined, thread here.
On June 28, Day 8, the courtroom went sealed again, and without at least one of the feeds that was supposed to exist. Inside, "Jeremy Weber" was being cross-examined by Schulte. At day's end Schulte told Judge Furman he has ten more pages of questions for Weber, after finishing with 50 pages. The next witness, too, is sealed. But Inner City Press is staying on the case, and the background (see a launch of sorts, here).
On June 29, Schulte cross examined Weber at the opening, and waited for cooperator Carlos, about use of cell phone(s) in MCC, at the end. Inner City Press live tweeted, here.
On June 30, Schulte cross examined Betances, then FBI Special Agent Schlessinger, thread here
On July 6, both sides rested after questions, which Inner City Press live tweeted here and below. Inner City Press is covering the trial(s) and writing a book(let) about it
On July 7, the closing arguments, which Inner City Press live tweeted here.
Filed July 7, but docketed on July 8, this: Josh Schulte's pro se filing to Judge Furman about National Defense Information, asking, If the government maintained recipes for hot chocolate under lock and key, could they charge an individual for leaking that recipe under the Espionage Act?
On July 8, Judge Furman read his legal instructions to the jury and they began deliberating, first asking for a market then the testimony of US expert witness Leedom. Inner City Press live tweeted it here.
On Monday, July 11, the jury came in from 9 to 5 but did not ask a single question. Tale told from the inside here, Patreon here.
On Tuesday, July 12, the jury asked for the transcript of witness Berger - and a question about "substantial step(s)." Inner City Press live tweeted here.
On Wednesday, July 13, after a question about the grand jury subpoena, the jury returned with a verdict, nine of them - all guilty. Inner City Press was there, and live tweeted it, here:
#breaking: In CIA #Wikileaks re-trial of Joshua Schulte, there is a verdict. But it hasn't been announced yet. Inner City Press has covered the case, heading to courtroom for verdict now...
US V SCHULTE COUNTS 1 TO 9 GUILTY ON ALL COUNTS
There are 2 extra US Marshals behind Schulte, for a total of four. Jury exiting
Judge Furman: No sentencing date, given the other charges pending. Status conference set for July 26 at 3 pm. Adjourned. Brutal Kangaroo book here.
On July 15, Judge Furman mentioned but did not docket and apparently will not release a submission to him about the case: "On July 15, 2022, the Court received an email from a member of the public purporting to have information about this case. The Court will provide the email to both parties. Absent an application from either party, the Court does not intend to take any other action in connection with the email. In light of that, there is no right of public access to the email and it will remain under seal unless and until the Court orders otherwise." The argument, as in US v. Edwards, was and is "non-judicial document."
An interested media would have to be pretty lame to see a docket entry like that and not make at least a request to unseal the e-mail.
Inner City Press on July 20 made a request that the email be unsealed, arguing that "access to the [document might] materially assist the public in understanding the issues beofre the ... court, and in evaluating the fairness and integrity of the court's proceedings." Bernstein v. Bernstein Litowitz Berger & Crossman LLP, 814 F.3d 132, 139-40 (2d Cir. 2016) (quoting Newsday LLC v. Cnty. of Nassau, 730 F.3d 156, 166-67 (2d Cir. 2013) (alterations in original)."
Judge Furman denied it: "ENDORSED LETTER as to Joshua Adam Schulte addressed to Judge Jesse M. Furman from Matthew Russell Lee, Inner City Press dated 7/20/22 re: Press request to docket and unseal the email received by the Court on July 15, 2022 "purporting to have information about" US v. Schulte, 17-cr-548 (JMF)... ENDORSEMENT: Application DENIED. It is well established that the mere filing of a paper or document with the court is insufficient to render that paper a judicial document subject to the right of public access. United States v. Amodeo, 44 F.3d 141, 145 (2d Cir. 1995). Instead, an item filed must be relevant to the performance of the judicial function and useful in the judicial process in order for it to be designated a judicial document. Id. In light of that standard, there is no basis to conclude that the unsolicited email -- which, for all the Court knows, is from a random member of the public with no connection to this case -- is a judicial document. That is, absent some basis to believe that the email is legitimate and that the author of the email actually does have information pertinent to this case, the email has no relevance to the judicial function or use in the judicial process. Accordingly, the application is DENIED. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/20/22)." One might ask, if it was enough to mention in the docket, what is the benefit of keeping it sealed, in terms of court transparency? It had to be asked.
(By comparison, SDNY Judge John G. Koletl on July 25 in another case docketed an over the transom submission, behind an order stating "The Court received the attached letter, which it forwards to the parties" - publicly. We are inquiring into the difference.)
Judge Furman in response to Inner City Press request to unseal all of Schulte's civil case ordered in part that ".On July 5, 2022, Matthew Russell Lee, representing Inner City Press, submitted the attached request to unseal certain documents filed in this case. The case was sealed before being reassigned to the undersigned. The Court concludes that there is no reason for the majority of the docket to remain under seal, and it will now be unsealed. The sole exception is Plaintiff’s submission at ECF No. 2-1, which is undergoing review. If, after review, the Court concludes that it need not be sealed, the Court will promptly enter an order unsealing it."
A week later, and no order, no further unsealing.
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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