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CIA Leak Case Schulte Wants To Go Pro Se
So 3 Hard Drives in Cell and Legal
Databases
By Matthew
Russell Lee, Patreon Thread Song
BBC
- Decrypt
- LightRead - Honduras
- Pod
SDNY COURTHOUSE,
July 22 – 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 June
15, Judge Crotty noted that
Schulte now wants to represent
himself (pro se) at the
October trial. If other cases
in SDNY and DDC are any guide,
that will require a Faretta
hearing. Judge Crotty has
asked the US Attorney's office
to brief that - now see
transcript on Inner City
Press' DocumentCloud, here.
The
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)
Now 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. Will these
arrangements be approved?
Watch this site.
From July 14:
Judge Crotty: Usually it's
better to have a lawyer,
especially on these charges.
But the choice is entirely
yours, as long as you make it
in a knowing fashion. Think
hard about it. If you decide
to represent yourself, I will
appoint stand-by counsel.
Judge Crotty: You
do not have the right to
reject the stand-by
counsel. [In DDC,
#insurrectionBlues defendant
Pauline Bauer was *asked* if
she would accept stand-by
counsel. Same issue arose
there this morning with
Brandon Fellows...
Judge
Crotty: You do not have the
right to hybrid
representation, where you
co-counsel with your lawyer.
If you represent yourself I am
not going to try you any
different. You must obey my
rulings, preserving your
objections. Judge Crotty: This
case involves classified info.
[This issue
arose this afternoon in case
of accused unregistered Iran
lobbyist Kaveh Afrasiabi -
EDNY Judge Korman told
Afrasiabi to defer more to his
Federal Defender stand-by
counsel, since he can't see
CIPA info
Josh Schulte: You
denied me access to Westlaw
and Lexis-Nexis. I no longer
have lawyers. Other inmates
have access to Lexis-Nexis. I
have only one hour in the SHU.
Josh
Schulte: I need access to the
discovery material. I get it
only an hour a day. [Note:
#GhislaineMaxwell is getting a
lot more access to discovery,
in the MDC...] Josh Schulte:
Also I can't print. The SCIF
has a printer, if you'll
allow. I have no access it
Judge Crotty: Did
you ever represent yourself?
Schulte: In Virginia, on the
protective order in this case.
It was very short. It got
thrown out based on
jurisdiction.
Judge Crotty: Any
alcohol or medicine in last 24
hours? Schulte: Medication for
heart & sleeping.
[Programming note: I've been
juggling a few case this
afternoon in SDNY [and DDC]
but now rushing (back) to
Judge Crotty's courtroom
in-person, tweeting if at all
may be slower [and it was]
Now in
courtroom. Schulte with 2
Marshals behind him. Judge
Crotty: Any OUSA questions?
AUSA: His access to info is
limited for good reason.
Schulte: There's
no penological reason to deny
me access to unclassified
discovery (whispers with
stand-by counsel)
Next date:
Wednesday July 21 at 2:30 pm.
Watch this feed.
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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