Showing posts with label joshua schulte. Show all posts
Showing posts with label joshua schulte. Show all posts

Friday, March 6, 2020

In CIA Leak Trial Jury Is Aligned On 2 Courts But At Impasse On The Rest


By Matthew Russell Lee, Patreon ThreadBBC - Decrypt - LightRead - Honduras - Source
SDNY COURTHOUSE, March 6 – In the end game of the trial of accused CIA leaker Joshua Schulte, on the afternoon of Friday, March 6 the jury said it is aligned on two counts and at an impasse on the remaining counts: that is, on eight counts.  Live tweeted thread here.
  Whether the alignment is guilty or not guilty, this may be seen as a loss for the prosecutors. More on Patreon here.
  Judge Paul A. Crotty told the jurors to go home for the weekend (and to watch out for Coronavirus and crowds). He said things will resume on Monday, March 9. It is getting to end game.
 Back on the afternoon of February 28 the US in an emergency hearing dropped Count 2 against Schulte, and admitted that it can never be revived: jeopardy has attached. Inner City Press has obtained the transcript and tweeted and uploaded it here on Scribd, on Patreon here.
  On March 5, Judge Paul A. Crotty and both side's lawyers held a closed door proceeding in the judge's robing room. Afterward Assistant US Attorney Matthew Laroche said that the transcript should be sealed until after a verdict.
  Inner City Press immediately wrote to Judge Crotty and the docket, for the fifth time in this proceeding (here's III and IV): "Dear Judge Crotty:    This supplements the January 22, 23 and 26 and February 24, 2020 submissions on this topic on behalf of Inner City Press and in my personal capacity. Your Honor on Janaury 31 ruled inter alia that "[t]he Government is directed to make transcripts and exhibits available to the public no later than the evening after the day of testimony." Docket No. 293, at 15.   This morning after a robing room discussion about Juror Number 5 (and perhaps other matters) from which the press was excluded, AUSA Laroche urged your Honor to seal the transcript of that discussion until AFTER there is a verdict. That is unacceptable, and inconsistent with your previous order.  The purpose of this letter is to formally request at the earliest time - 10 minutes after AUSA Laroche's statement, your ruling on which is unclear - that the transcript of the robing room proceeding be made available immediately, as well as all other exhibits which Inner City Press has continued available to the public on https://www.patreon.com/MatthewRussellLee."
  Meanwhile, as now excused Juror 5 left the courthouse, Inner City Press caught the tail / end of her comments to two intrepid tabloids. She specializes in buttocks sculpting - and most explosively, indicted that she believed Schulte was naughty but not guilty. This would seem at a minimum to provide fuel for a defense appeal in the event of a conviction. But first - the transcript. Watch this site.
  On March 4, the jury deliberated for a full second day without reaching a verdict. Or perhaps the whole jury did not deliberate - as Inner City Press first tweeted (thread here), the foreperson passed out a note that Juror Number Four (whose name was said) was refusing to deliberate with others, was conducting their own inquiry into the evidence. Schulte's lawyer Zas urged Judge Crotty to let time elapse before acting. Could this type of independent inquiry be more favorable to Schulte than that US? Thread here; Inner City Press is staying on the case.
  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.

Friday, January 24, 2020

Before CIA Leaks Trial of Joshua Schulte Disputes About Fake Names and Court Sealing


By Matthew Russell Lee, PatreonBBC - Decrypt - LightRead - Honduras - Source
SDNY COURTHOUSE, Jan 24 – Ten days before the trial of accused CIA leaker Joshua Schulte, set to begin February 3, a final pre trial conference on January 24 showed continuing disputes about the secrecy and sealing of evidence and witnesses.
   Assistant US Attorney Matthew Laroche argued that while prospective jurors will be shown witnesses real names, it will only by in hard copy and thereafter some 17 of them will be referred to by pseudonyms.
  Schulte's lawyer Sabrina Shroff, still with the Federal Defenders for purposes of this case, insisted on calling these "fake names," and complained about the difficulties imposed in conducting basic research on potential witnesses.
US Attorney for the Southern District of New York Geoffrey S. Berman is asking to have the public excluded from the courtroom during the testimony of several of these CIA witnesses: ten called by the prosecution, and seven the defense seeks to call.

On January 21, SDNY District Judge Paul A. Crotty scheduled a public hearing on US Attorney Berman's request, to be held on January 27 at 2 pm.  Opposition to sealing has already been filed, see Inner City Press filing into the docket on Big Cases Bot, here. Watch this site.

Tuesday, January 21, 2020

US Urges Banning Public From CIA Leaks Trial of Schulte But SDNY Hearing Jan 27 Inner City Press To Be There


By Matthew Russell Lee, PatreonBBC - Decrypt - LightRead - Honduras - Source
SDNY COURTHOUSE, Jan 21 – For the upcoming trial of accused CIA leaker Joshua Schulte, US Attorney Geoffrey S. Berman is asking to have the public excluded from the courtroom during the testimony of several CIA witnesses.
On January 21, District Judge Paul A. Crotty scheduled a public hearing on Berman's request, to be held on January 27 in the run-up to the trial scheduled to begin February 3. Inner City Press will be there for both.   
Schulte has been charged to providing WikiLeaks with information about the CIA's hacking activities, which WikiLeaks subsequently published in its "Vault7" trove.
Since then Schulte has been accused of further dissemination of information from the Metropolitan Correctional Center, and put into solitary confinement there.   
For months Inner City Press, even as it has complained about being unceremoniously ordered to leave certain courtrooms including that of Judge Crotty (in a case he said would be made public in 60 days but hasn't been - perhaps for reasons, but none explained), has observed lawyers headed to the "SCIF" on the ninth floor of the U.S. District Court for the Southern District of New York at 500 Pearl Street.  
 One of Schulte's lawyers, Sabrina Shroff who also represented former Senegal foreign minister Cheikh Gadio in a UN bribery trial Inner City Press covered, has indicted she was constrained in what she could say. She has complied with all rules, however restrictive. But information wants to be free.    
  On July 22, 2019 Inner City Press went to Judge Crotty's courtroom for the case US v. Perlson but was told by Judge Crotty to leave. Inner City Press said, "I am a reporter. If you are going to try to close a public courtroom there must be specific findings, for specific portions. There is case law."  Inner City Press pointed out US v. Haller, 837 F.2d 84, 87 (before closing a proceeding to which the First Amendment right of access attaches, the judge should make specific, on the record findings demonstrate that closure is essential to preserve higher values and is narrowly tailored to serve that interest). 
 There followed a sidebar, apparently transcribed, from which Inner City Press was excluded. At the end Judge Crotty while ordering Inner City Press to leave said that the government's case was moving along well and that he hoped to unseal the transcript in a month. 
 Six months later, the case still shows up as "cannot find case" in PACER.
Often when the Schulte case has appeared in the day's Events Calendar in PACER, with proceeding scheduled for Judge Crotty's Courtroom 14C, Inner City Press has gone, only to find the courtroom door locked.  

Now, at least on January 27, the door will be open. Inner City Press will be there, and while hoping to live tweet from right there, will publish a full article immediately after. Watch this site.