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In CIA Leaks Schulte Case US Asks for July 7 Extension To Respond About Grand Jury

By Matthew Russell Lee, Patreon Thread Song
BBC - Decrypt - LightRead - Honduras - re CNN

SDNY COURTHOUSE, June 17 – 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.

 Now after the US Attorney's Office said it anticipates re-indicting Schulte with a grand jury in early June, his lawyers have asked for a week to reply since they cannot easily reach him in MCC lock-down. Inner City Press worked to cover a June 1, 10:30 am conference in the case, but nothing.

 On June 9 the US Attorney's Office filed this: (S3) SUPERSEDING INDICTMENT FILED as to Joshua Adam Schulte (1) count(s) 1sss, 2sss-3sss, 4sss, 5sss, 6sss, 7sss, 8sss, 9sss. (jbo)." Full text on Patreon here.

  Now on June 17, the US Attorney has asked for more time to respond to Schulte's lawyers request for Grand Jury information, citing a decision in another SDNY case Inner City Press is reporting on: "Re: United States v. Joshua Adam Schulte, S3 17 Cr. 548 (PAC) Dear Judge Crotty: We write to respectfully request additional time to respond to the defendant’s June 15, 2020, request for records and papers used in connection with the constitution of the Master and Qualified Jury Wheels in this District. We have learned that similar motions have been made in other cases in this District. See United States v. Balde, No. 20 Cr. 281 (KPF); United States v. Williams, No. 20 Cr. 286 (WHP); United States v. Baker, No. 20 Cr. 288 (LJL); United States v. Henry, No. 20 Cr. 293 (LJL). Yesterday in Balde, Judge Failla issued an order granting the Government’s request to speak with Linda Thomas, this District’s Jury Administrator, prior to taking a position on the motion in that case, and scheduling a call with the Government, defense counsel, and Ms. Thomas for June 30, 2020, at 2:00 p.m. (See No. 20 Cr. 281, Dkt. 21, Exhibit A). In that order, Judge Failla also directed the Government to coordinate with counsel in “any other cases with similar motions” so that they may also participate on the call. Accordingly, the Government respectfully requests that the Court adjourn the current June 19, 2020 response deadline so that the Government and defense counsel can participate on the call with Ms. Thomas prior to litigating the defendant’s motion. If the Court grants this request, the Government respectfully requests until July 7, 2020 to file a substantive response to the defendant’s motion." Watch this site- and this.

More on Patreon here. Song here.

 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"

  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

Schulte's lawyer Sabrina Shroff: DEVLAN was wide open. Passwords were leaked. There were not audit logs. The witnesses told you DEVLAN was the Wild, Wild West.... They called DEVLAN a "dirty network." It had very easy passwords. Simply carrying the data out the door on a hard drive would not be difficult.

Shroff points at the AUSAs - "They don't know." They look down at their hands. Shroff: He tells you, the Alta backups were wide open.

Shroff: Michael was present at his desk when the government says the data was taken. The computer evidence they claim points to Mr. Schulte, it fails to support the government's case.... The thumb drive was removed 26 minutes *before* the reversion. And it was too small, and write-protected. Maybe the culprit is the one living at home on paid administrative leave.

Shroff: Let's look at Government Exhibit 1207-27. Mr Denton told you March 3 was the very day Mr Schulte felt the CIA had wronged him. But there's nothing in the evidence that Mr. Schulte viewed March 3, 2016 as particularly significant.

 Did he use a cell phone? Sure. But that's not what he's charged with. Your job as jurors is to put the government to these test. I told you at the beginning of the trial, Mr. Schulte was a difficult employee. That is all the government has shown in over the past four weeks....

Back when the trial set to begin February 3, a public hearing was held on January 27 about the US Attorney's requests to seal the courtroom for some witness and limited media attendance to a single pool reporter banned from reporting any physical characteristics of the CIA witnesses.

   On this issue, Inner City Press before the public hearing filed three one-page letters in opposition, the last one here. At the end U.S. District Court for the Southern District of New York Judge Paul A. Crotty asked Assistant US Attorney Matthew Laroche if his Office objected to live video feed to the SDNY Press Room, not showing the witnesses' faces. AUSA Laroche said no objection - which should mean feeds for this all other proceedings, when requested. On February 4, Inner City Press live-tweeted the opening arguments, here. And here a song.

 On February 24, while an FBI agent testified about ham-handed interview of Schulte, Inner City Press live tweeted thread here, the US Attorney's Office as it is required made available some exhibits, which we'll make available without paywall here on Patreon. But it still did NOT provide the audio files it played the jury. This violated Judge Crotty's order.

 So on February 24 Inner City Press wrote another formal letter to Judge Crotty, here, cc-ing the US Attorney's Office and Schulte's lawyers, urging release of the audio and video exhibits.

 And lo and behold on February 25 some were released: a video Inner City Press published here, and here, and a series of audio exhibits, for example here and here. Now five more here.
And the February 26 exhibits, in near real time, 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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