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After Wikileaks Trial Schulte Lawyered Up for Third Trial Now Seeking Sentencing Delay

By Matthew Russell Lee, Patreon Thread Song
Q&A - Pod - Brutal Kangaroo Book

SDNY COURTHOUSE, Nov 22– 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.

[July 20, 2022 order on access here; Brutal Kangaroo]

On July 18, 2023, Judge Furman held a proceeding with Schulte and his stand-by, now full, counsel. Inner City Press was there, the only person in the courtroom gallery other than the MDC's legal liaison.

More on Substack here.

On November 22, 2023, Schulte's third-trial counsel asked to delay his sentencing in the CIA case from January 10 to late February or early March, citing other commitments and a mitigation report. He says Schulte supports delay. The US opposed it, and says the CIA does too.

Meanwhile in an MDC SAMs case earlier in the week, Cholo Abdi Abdullah said he is on an upper floor of the MDC with only two other prisoners and loud white noise. Could it be Schulte? Juan Orlando Hernandez, former Honduras president, can now go to the SCIF - but can't review any CIPA information like Cholo can and Schulte once did. Schulte is becoming a ghost, at least in SDNY...

On February 22, 2023, while denying most of Schulte's legal claims about restrictive Special Administrative Measures, Judge Furman declined to dismiss his claims on sewage and plumbing: "Schulte’s complaint with respect to the sewage and plumbing issues plausibly invokes the negligent guard theory. He alleges that his cell experienced “constant sewer leaks,” culminating in the October 30, 2020 leak. Sewage Compl. 2-3. He further alleges that he notified the corrections officer on duty immediately upon realizing that his cell was flooding with sewage and that no MCC staff did anything to alleviate the problem. The fact that MCC officials both ignored the prior leaks and failed to address the October 30, 2020 leak could support a finding that the officials were lazy and inattentive." Full order here.

Back on July 25 after conviction Schulte sent his own letter to Judge Furman that "we intend to seek immediate sentencing on the counts of conviction" and that he wants "once-weekly SCIF days as the CP case has classified forensic evidence - home computers and servers that were 'classified.'"

  Co-stand by counsel Colson was previously asking Judge Furman "to be relieved as counsel in connection with Mr. Schulte's child pornography case," and offering to filing a supplemental letter under seal.

The government, too, goes under seal - apparently without noting it in the docket. On September 28, Schulte's hard working stand-by counsel wrote to Judge Furman that she was informed on September 26 at 8:18 am that "Mr. Schulte would not be produced for his scheduled 8 am SCIF appointment... based on a sealed order."

Judge Furman responded, into the docket, asking if anything can be disclosed to the defendant. But what about the public?

On October 6, Judge Furman ordered some unsealing, and asked Schulte to respond to US offer of ... a typewriter.

On November 10, it was typewriter, pen or no more pro se motions. Summary: "MEMORANDUM OPINION AND ORDER as to Joshua Adam Schulte on Doc. No. [969]: In short, there is no merit to Defendant's argument that he is entitled to a laptop under the Constitution or otherwise (let alone to his suggestion that, if he is denied a laptop, the Government should be "force[d]... to use a typewriter as well," Def.'s Letter 2). And to the extent the Court has discretion over the matter, the Court exercises its discretion to deny Defendant's request for a laptop to prepare his post-trial motions. If Defendant does not want to use a typewriter or pen to prepare his motions, he has two choices: He can forego filing any motions or he can decide to give up his self-representation with respect to the post-trial motions and allow appointed counsel to file any motions on his behalf." 

After two handwritten letters from Schulte which described conditions and mentioned suicide, Judge Furman asked for and got a government update, then ruled: "MEMO ENDORSEMENT as to Joshua Adam Schulte on [982] Status Report filed by USA: The Court thanks the Government for this comprehensive update and counsel on both sides for their efforts in response to Mr. Schulte's letters. The psychological report (which the Court will file and maintain under seal) indicates that Mr. Schulte "reported he is not thinking about a hunger strike or suicidal attempts." It also indicates that he candidly admitted that he "said what [he] said" in his letters to the Court "so [he] could get attention from the media... since social media is so quick to broadcast [his] charges." The Court will not tolerate any further efforts by Mr. Schulte to use this case to conduct a media campaign, let alone to do so by making inflammatory statements that are false or misleading. To that end, and mindful that the Court has broad discretion to reject pro se filings made by Mr. Schulte with respect to any matter as to which he has counsel (that is, the entirety of his case other than his post-trial motions), see ECF No. [979], Mr. Schulte is cautioned that future pro se submissions may not be publicly docketed. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/15/2022)."

Watch this site.

Back on August 7 Schulte's lead counsel requested, and August 8 Judge Furman endorsed, "On July 28, 2022, Mr. Schulte was handed a search warrant, and his laptop from the Metropolitan Detention Center located in the Eastern District of New York was seized by the government." Full letter on Patreon here.

On August 30, the US Attorney's Office wrote to Judge Furman: "Dear Judge Furman: The Government writes in response to the Court’s order, dated August 26, 2022, directing the Government to provide an update regarding the review of the defendant’s laptop pursuant to a search warrant (the “Warrant”) issued by a magistrate judge in the Eastern District of New York for the search and seizure of the defendant’s laptop. The Government’s review of the laptop remains ongoing."

On August 31 Judge Furman ordered: "MEMO ENDORSEMENT as to Joshua Adam Schulte on [937] LETTER MOTION re Proposed PreTrial Motion Schedule: The parties shall appear for a conference on September 7, 2022, at 3 p.m. in Courtroom 1105 of the Thurgood Marshall United States Courthouse."

Inner City Press went, and now provides this summary two hours later. Judge Furman admonished Schulte for his letter, docketed on September 6 by the Pro Se Office but dated July 31, which among other things called the Government "c*ck hungry." Letter on Inner City Press' DocumentCloud here. Judge Furman said Schulte might forfeit his right to represent himself.

  Schulte said the laptop they seized had never been connected to the Internet. In the EDNY there is now a proceeding about the search warrant, on which we hope to have more.

  Judge Furman declined to direct that Schulte get another air-gapped laptop, but adjourned the post-trial motion schedule "sine die."

Then it was moved to April 22 (then May 18). March 9 thread here. Song here.

 Back on April 13, 2022, Judge Furman held a conference with Schulte present. Inner City Press live tweeted it here....

 [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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