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By Matthew Russell Lee, Patreon Thread Song
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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;
Inner City Press is covering the trial(s) and writing a book(let) about it 

US v. Josh Schulte CIA #Wikileaks trial Day 11, FBI Agent Schlessinger being cross examined by Schulte.

Schulte: Good morning. Each of the notebooks you went through was 80-sheets, right? FBI Schlessinger: I think so. I don't recall.

Schulte: Let's pull up Exhibit 806. This is 160 total pages, right? Schlessinger: Yes. 

Schulte: But the US choose only 2 pages, right? AUSA: Objection! Judge Furman: Sustained.

Schulte: And none of these pages were transmitted, right? Judge Furman: I think this has been asked and answered.

Schulte: You said my parents home wasn't raided, right? Schlessinger: Yes, I said that.

Schulte: But isn't it true that FBI agents visited my parents' home in Lubbock [Texas]? Schlessinger: It was not a raid. Schulte: But wasn't it unannounced?

FBI Agent Schlessinger: We were trying to get some classified info back, from your pro se application. [Note: Yesterday Inner City Press filed to unseal entirely withheld filings in Schulte's civil case - story later] Schulte: They confiscated computers, right?

 Schulte: Did you interview Michael? FBI Schlessinger: I was involved in one interview. Schulte: It says, CIA employee Michael was OK-ed for travel to Thailand. Did you ask for him to be placed on administrative leave? AUSA: Objection! Judge: Sustained.

 Schulte: Michael was an employee of OSB at the CIA when I was, right? FBI Schlesinger: I believe so. Schulte: No further questions.

Judge: Re-direct? AUSA: Very briefly. Where there classification reviews of documents other than on WordPress? Schlessinger: Yes. AUSA: How about this email - was it classified? FBI Schlessinger: Yes. AUSA: Ms. Cooper, please go to [Exhibit] 801, page 3. Schulte: Objection. Beyond the scope and he has no personal knowledge. Judge: Overruled. Schlessinger: It was determined to be classified.
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 AUSA: No further questions. Judge Furman: Mr. Schulte? Schulte: Do you know if the notebooks found in my cell at MCC were ever shared with anyone? Schlessinger: No. Schulte: No further questions. Judge: The witness may step down.

 AUSA: With two experts reports in, the government rests. Judge Furman: Jurors, Mr. Schulte bears no burden at all. I need to discuss legal issues, so I'll send you to the jury room. [Jury leaves] Schulte: I move to dismiss under Rule 29, especially on espionage

 Judge Furman: Can you see more? Please distinguish between the Wikileaks counts and the MCC counts. Schulte: At the first trial I was specifically charged under the documents language... Now they have changed, to try to make it easier.  Judge: It refers to... note

 Judge Furman: So you're arguing that an electronic documents is not a document - and that an eBook [!] is not a book. I will reserved judgment but I am expressing my skepticism. Submit something, but your time is running short.  Schulte: The statute is from 1945

 Schulte: Look at the legislative history.  Judge Furman: Any other issues under Rule 29, bracketing Count 9? Schulte: The Computer Fraud and Abuse Act, the US is alleging violations based on increasing unauthorized access. But I had a root server key.

AUSA: He received a memo. He no longer had authorization. Judge Furman: I agree. Rule 29 motion on that is denied. Now read my order about Count 9. Has stand-by counsel spoken to any potential witnesses? This would be the time.

 Judge Furman: This would be the time to talk about the proposed testimony of Ms. Slotnik. Schulte: It would show there was no intent to release without getting advice from counsel. And requesting advice does not waive privilege as to any advice given

 Judge Furman: If it's labeled "attorney client privilege," I believe he can argue that he had no intent to release this information, under the attempt clause on Count 4. You can argue that he drafted tweets and set up a Twitter account so he had the intent.

 Judge Furman: I think having Ms. Slotnik testify he drafted it for her is akin to marking it attorney client privilege. Am I missing something? AUSA: That he did something innocent with the document doesn't show what his other intent was. So it's not relevant

Schulte: It may not be determinative but it is relevant. The only thing about Malware in the notebook is about re-writing. For six months after I gave them to Ms. Slotnik there was not transmission.

Judge Furman: I deny the motion to preclude. Judge Furman: Remember, Mr. Schulte, you can not try to use the advice of counsel defense. [Note: "fancier" / at liberty defendant Trevor Milton of Nikola is still mulling an advice of counsel defense for September trial  Inner City Press will also cover]

Schulte: I will call witness(es) and rest today. Judge Furman: So you are not testifying yourself? Schulte: I am not.

 [After a break in trial] Schulte: I'm going to call Ms. Slotnick, then CIA witnesses Chang and David. Judge Furman: Those last two are sealed witnesses under my order.  [That Inner City Press opposed]

Now in semi-sealed courtroom as pool reporter under Order won, for CIA witnesses "Cheng" and "David."

 Schulte: The defense calls Cheng. Where did you work from 2016 to 2018? Cheng: In CIA's CCI. As a contractor. Schulte: Did you work at the NSA during the Snowden leak? Cheng: Yes. Schulte: Were NSA policies stronger than DEVLAN? Cheng: Yes.

 Cheng: I was surprised security on DEVLAN was not heightened. It was trust based. I heard, Wild Wild West Inner City Press @innercitypress · 1h Schulte: No further questions. AUSA: You used Atlassian, right? Cheng: Yes.

AUSA: But you don't know how much security was on Atlassian, do you? Cheng: I do not. Next witness: "Dave" Schulte: How did you describe DEVLAN? Dave: The Wild Wild West.

 Schulte: Did you copy Stash into your home directory? Dave: Yes. Schulte: DId everyone have full_control? Dave: Yes. Schulte:

 Did you copy Stash to an external hard drive that sat in your desk? Dave: Yes.

Schulte: Did FBI find the drive? Dave: I don't recall.

 Schulte: Did you ever RDP, remote protocol, my computer? Dave: Yes. Schulte: No further questions.

Drum roll... Schulte: The defense rests.

Judge Furman: Summations tomorrow.

The closings are coming 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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