By Matthew Russell Lee, Patreon Thread Song
BBC - Decrypt - LightRead - Honduras - Pod
SDNY COURTHOUSE, Sept 24 – 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.
On September 15, Judge Crotty held another proceeding with Schulte and his stand-by counsel. It emerged that the MCC will *not* be fully shut down. Inner City Press live tweeted it, below.
Docketed on September 21 was an 11 page letter by Schulte allege Brady violations by the government, citing a Lync message by Agent Evancheck including that "there was a backup of the Atlassian products on the File Share that every DevLAN user had access to." On this basis, Schulte asks for acces to "the ESXi Server, and the FS01 server."
On September 23, Judge Crotty granted in part and denied in part: "Schulte's motion is GRANTED in part and DENIED in part. To the extent that it has not already done so, the Government is directed to produce to the SCIF the Vault 7 Leak and the SRV02 server by October 6, 2021. If the SRV02 server cannot promptly be located, the Government is directed to produce a duplicate copy by October 6, 2021. The Government is further instructed to coordinate with the CISO and the FBI to ensure that Schulte has "ample opportunity" to review the SC01 desktop in compliance with statutory guidance for disclosure of items allegedly containing child pornography. See 18 U.S.C. § 3509. Finally, the Government is directed to file with the Court by October 6, 2021 a letter confirming that the foregoing arrangements have been made. All disclosure contemplated in this Order is to comply with the various protective orders and procedures for classified information that already constrain the parties. To the extent Schulte seeks unclassified disclosure of the Vault 7 Leak, the SRV02 server, or the SC01 desktop, his request is denied. Further, Schulte's request for partial, unrestricted production of SC01 is denied."
Now on September 24, the trial has been postponed: "MEMO ENDORSEMENT as to Joshua Adam Schulte on [516] LETTER by USA as to Joshua Adam Schulte addressed to Judge Paul A. Crotty from United States dated 9/23/2021 re: Government's response to defendant's motion for an adjournment (Dkt. No. 495). ENDORSEMENT: The October 25 trial date will be adjourned sine die. The govt will submit its views on a appropriated date by November 1, 2021. So Ordered. (Signed by Judge Paul A. Crotty on 9/24/2021)." Watch this site.
From September 15: Schulte's shadow/stand-by counsel says some of the SDNY US Attorney team are not vaccinated, wants only vaccinated prosecutors to come into the SCIF.
AUSA Lockhard does not disagree.
Judge Crotty: The computers in the SCIF are related to child pornography? Schulte: No, it's the Snowden documents
Schulte: With trial approaching, I wanted the court to know that this discovery has never been reviewed by me, in five years. My stand-by counsel checked and none of these computers are in the SCIF.
Josh Schulte: I was just hoping to not be chained to the floor anymore. Judge Crotty: What is the security issue, Mr. Lockhart?
AUSA: The Marshals requested the chain-up condition. Judge Crotty: I'll find out what the Marshals' concerns are. Schulte: What if I need resources from the court, like $10 for a CD / DVD drive? What if I have classified or ex parte filings for the Court? Judge Crotty: Use stand-by counsel.
Schulte: The motions I'm filing, under Local Rule 49(b) they're supposed to answer in 2 weeks. My cell phone suppression motion, they haven't responded. Can you remind them? Judge Crotty: Mr. Lockhart? AUSA Lockhart: The defendant has filed a lot of motions.
Schulte: The Court ordered the MCC to allow me VTC calls with my family. But this month, I was scheduled for September 3. I was told that the MCC is going to allow family visits, so they don't have to abide by the Court's order any more.
Judge Crotty: Mr. Schulte where are you housed now? Schulte: They've informed me that in the middle of October the prison is shutting down and they're supposed to be moving us. They'll take my laptop two weeks before they move us. In the middle of trial.
AUSA Lockhart: We were informed this week that Mr. Schulte will not be moved. We are informed that a portion of the MCC will be left open, for in custody defendants and witnesses, and Mr. Schulte.
[Breaking: AUSA says MCC is *not* fully shutting down]
Judge Crotty: Anything else? Schulte: Not for me AUSA Lockhard: Not for the government.
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.
On August 30, more: in a letter "by hand," Schulte asked Judge Crotty to end the practice of chaining him to the floor in the SCIF, with a two foot leash which "greatly hinder [the] ability self-represent." He against asks for the docket, on CD / DVD.
On August 31, the US Attorney's Office complained of Schulte serving them papers by leaving them in the hall outside the SCIF. Schulte filed a new motion, stating among other things that
"on March 15, 2017, Special Agents Jeffrey David Donaldson and Richard John Evancheck initiated contact with Mr. Schulte in the lobby of Bloomberg LP at 120 Park Avenue... they relocated to the Pershing Square Diner at 90 East 42nd Street." And the rest is history. 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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