Friday, June 7, 2024

In Josh Schulte Case Press Won Some CIPA Unsealing Now US Dockets 4 Redacted Scripts


By Matthew Russell Lee Schulte Book

 SDNY, June 6 – In June and July 2022 former CIA hacker Joshua Schulte was put on trial in a nearly empty and partially sealed courtroom in lower Manhattan.

Inner City Press covered it and the next trials - see book below - and live tweeted the sentencing, thread here.

Schulte compared his conditions to Nazi concentration camps, drawing a rebuke from SDNY Judge Jesse M. Furman.  He did not, however, get the life sentence urged by DOJ, but rather 40 years.

  There is a book

"Brutal Kangaroo: WikiLeaks Verdict Against Josh Schulte, and Other Whistleblowers: Convicted of sending the CIA's Vault 7 cyber tools to Wikileaks, Schulte remains in jail under DOJ SAMs," by Matthew Russell Lee. 

  U.S. e-book here, UK here.

  On April 8, 2024, an unsealing win before Judge Jesse M. Furman: "Inner City Press, members of the press, emptywheel, oppose the Government’s motion. See ECF No. 978 (“ICP Motion”); But the First Amendment guarantees the press and public access to most, if not all, criminal proceedings, and CIPA cannot abrogate that venerable constitutional right. The Government’s motion to keep the transcripts at issue here sealed must be and is DENIED. To the extent that the Government believes that additional redactions beyond those that were made in connection with the declassification process are justified, it shall propose them, in accordance with the procedures set forth in the Court’s Individual Rules and Practices for Criminal Cases, no later than May 2, 2024. In the absence of an application for leave to make additional redactions by that deadline, the Government shall docket the transcripts at issue no later than May 3, 2024." Order on DocumentCloud here.

 After 4 pm on May 1, the US Attorney's Office wrote to Judge Furman for a stay while it considers whether to appeal. Inner City Press before 6 pm filed opposition, on DocumentCloud here.

On June 6, the US belated docketed four transcripts: "The Government respectfully submits this letter pursuant to the Court’s orders docketed as docket entry numbers 1139 and 1141. Attached to this letter are redacted, unclassified transcripts of proceedings held pursuant to the Classified Information Procedures Act (“CIPA”), 18 U.S.C. App. 3, on May 3, 2022; June 8, 2022; June 13, 2022; and July 22, 2022." Sample here


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