By Matthew Russell Lee, Patreon Thread Song
BBC - Decrypt - LightRead - Q&A - Pod
SDNY COURTHOUSE, July 7 – 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.
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:
OK - US v. Josh Schulte, now jury charge then deliberations (Day 13 of trial).
Judge Furman: Jurors, I want to remind you that during deliberations your phones should be off and not with you. You can check them during breaks. And let me remind you: Mr. Schulte is presumed innocent.
Judge Furman: One type of evidence is called direct evidence. There is circumstantial evidence [wet umbrella analogy follows, modified only with "assume the curtain were entirely drawn - in fact, there are in this case." #SealedCourtroom
Judge Furman: The defendants words were as a lawyer. They are not evidence... You heard testimony of a cooperator, Carlos Betances. You may ask yourself, Was any part of his testimony made up to receive favorable treatment by the US? Case here
Judge Furman: Mr. Schulte is charged with alleged misuse of computers and disclosures to Wikileaks: illegal gathering of National Defense Info; illegal transmission of NDI & harmful computer commands; possession and attempted transmission of NDI while in MCC jail
Judge Furman: Information may qualify as "closely held" if it has been made public by someone other than the US and the US has not confirmed it, that may be NDI.
Judge Furman: The indictment charges that between July and October 2018 Mr. Schulte attempted to transfer NDI, based on statement "I wrote software to disguise data... I wrote my own crypto... Bartender for [redacted] vendor," etc
Judge Furman: Mr. Schulte is charged with obstruction of a grand jury proceeding in his statements to the FBI... You need not find that corrupt intent was his only purpose. For 3, 4 and 9 you must find venue as well.
Judge Furman: In a few minutes you will go into the jury room and begin to deliberate. After you retire, first select a foreperson. Do not surrender your honest opinions or beliefs. Your decision must be unanimous.
Judge Furman: Treat each other with respect. All litigants stand equal before you. Be guided only by the evidence without regard to the consequences of your decision. [Judge puts back on N-95 mask].
Now Judge Furman to the 2 remaining alternates: You may be called upon to rejoin the jury. So the instructions still stand: do not discuss the case with anyone. You may retrieve your belongings. Judge Furman swears in Court Security Officer.
Judge Furman: I ask that you not venture very far - Mr. Schulte is not going very far, but for the others, leave your cell phone numbers. We often get a note quickly, though not substantive. Adjourned. Inner City Press will continue this thread as things happen
Now they've back at 2:06 pm -- Judge Furman: I got a note requesting a marker, I didn't call you all for that. Now I have gotten a note requesting the testimony of witness number 3, Mr. Leedom. Mr. Schulte? Schulte: Page 93 the US redacted 7 and 8 but- Judge: I sustained.
Judge Furman: Do we need a CISO next week, if jury continues to deliberate as seems likely? I'd say, only if we need a classified hearing. I think it's OK to take our chances.
AUSA: We've been through these hearings enough. No CISO need. Schulte: Whatever.
[To be fair and complete, Schulte just said "whatever you think is best"] Judge Furman: I propose to tell the jurors we're loading the Leedom testimony onto their system, hard copies too. AUSA: How many copies? Furman: Let's say six.
Schulte: I'd add to your note, if they want more than 6 hard copies, they can ask. Judge Furman: I think that's implicit. I'll add, Thank you for your patience. [Judge leaves bench.]
Ok - 2:54 pm Judge Furman is back. Judge Furman: Before I bring the jury in to release them, I'll ask the parties to work on redacting the transcript. I thought Leedom might be first. Next, maybe Berger. Use the weekend.
Jury entering! Judge Furman: Hopefully the marker was satisfactory. You'll resume Monday, as soon as all 12 are here. You'll give your lunch order forms to the Court Security Officer. I wish you an enjoyable weekend.
After jurors leave: Judge Furman: To the parties, I'll see you Monday at well. You don't need to be here at 9 am, just be nearby. [Schulte will be in the courthouse holding cell].
The deliberations 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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