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In CIA Leak Case Schulte Gets May 23 Trial Date As US Must Explain Phone Search Delay

By Matthew Russell Lee, Patreon Thread Song
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SDNY COURTHOUSE, Nov 8 – 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 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 November 9, 2021, a status conference was held before Judge Jesse M. Furman to whom the case has been reassigned. Inner City Press live tweeted it here - the upshot is a May 23, 2022 trial date has been set. Vlog here.

Schulte: What about my Brady violation letter?

AUSA: He wanted more server info from the CIA.

Judge Furman: Letters by next Monday. Now, the motion to suppress. Mr Denton, please says what was classified.

AUSA: We got a second warrant, for the notebooks. Schulte: They got the warrant after they seized my notebooks. It's ridiculous. I'd like an evidentiary hearing. I put a property receipt in as an exhibit.

 Judge Furman: I deny that motion. But what about the warrant signed by Magistrate Judge Moses - when did Mr Schulte see it? And why the delay in returning his cell phone? AUSA: It was encrypted. Schulte: This is fruit of the poisonous tree.

Judge Furman: The motion as framed is denied. But there is an issues with the US holding onto the cellphone for two years. I'd like briefing on that. And whatever you can say orally now. Schulte: I need time on that. I don't have access to any law library.

 Schulte: I've only been pro se since July.  Judge Furman: Once I set a new trial date, there'll be a motions schedule.

AUSA: We'll need 3 weeks for trial. The espionage trial. Then  the other charges... Schulte: I filed a civil case but Judge Oetken dismissed it Schulte: I refiled in front of Judge Crotty, who said it had to be civil.

Judge Furman: I'm setting a trial date, I'm thinking 23 May, 2022. Schulte: I need to check if my expect is available.

Judge Furman: It's a firm date, depending... Adjourned. Dusk vlog soon [here]


Back on September 15, Judge Crotty held another proceeding with Schulte and his stand-by counsel. It was said  that the MCC will *not* be fully shut down. Inner City Press live tweeted it. But now, after Schulte's trial has been postpone "sin die," he has been 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 November 3 Judge Furman issued an order that he is doubling Schulte's time in the SCIF in 500 Pearl Street: " ORDER as to Joshua Adam Schulte: The Court understands that Defendant has, throughout this case, repeatedly raised his need for more time in the Secret Compartmentalized Information Facility ("SCIF") to prepare his defense. See, e.g., ECF No. 161; cf. ECF No. 571. The Court has arranged with the U.S. Marshal for this District to double Defendants SCIF access from two days per week for four hours a day to two days per week for eight hours a day effective immediately. Standby counsel (and, if need be, counsel for the Government) shall immediately contact the United States Marshal Service ("USMS") to make any necessary arrangements. To that end, the Court's staff will provide counsel with contact information for the relevant person at the USMS. (Signed by Judge Jesse M. Furman on 11/3/2021)."

Back on November 1 Schulte through stand-by counsel informed Judge Furman that "the MDC has yet to build a law library for detainees held on special administrative measures" and no one has charged his hard drive or laptop to review discovery. He asked to be heard before November 8.

 The "before" part was denied, understandably, on November 2: "MEMO ENDORSEMENT as to Joshua Adam Schulte on [571] LETTER MOTION re Status Letter: As stand-by counsel undoubtedly knows, holding a conference sooner than Monday would be difficult, if not impossible, given the COVID-19 protocols in effect. Thus, that request is DENIED. Defendant need not submit a status letter by the November 5th deadline; the Court will address the other deadlines in its prior Order at the conference. Counsel for the Government should be prepared to discuss the issues discussed in this letter at the conference as well --- and, to that end, should confer in advance as needed with the USMS and the MDC. The Clerk of Court is directed to terminate ECF No. 571. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/2/2021)."

On September 24, the trial was postponed: "MEMO ENDORSEMENT as to Joshua Adam Schulte on [516] LETTER by USA as to Joshua Adam Schulte addressed to Judge Paul A. Crotty from United States dated 9/23/2021 re: Government's response to defendant's motion for an adjournment (Dkt. No. 495). ENDORSEMENT: The October 25 trial date will be adjourned sine die. The govt will submit its views on a appropriated date by November 1, 2021. So Ordered. (Signed by Judge Paul A. Crotty on 9/24/2021)."

 On October 15, docketed were a number of handwritten notes about appeals by Josh Schulte, and a memo of law stating among other things, "This seizure and subsequent search are despicable acts of tyranny and oppression reprehensible to the US Constitution. The FBI acted as the Nazi's Gestapo, committing armed robbery in broad daylight. Accordingly, the seizure of the cell phone is void, as are all fruits of the poisonous tree."

On October 18, this: "NOTICE OF CASE REASSIGNMENT as to Joshua Adam Schulte, to Judge Jesse M. Furman. Judge Paul A. Crotty no longer assigned to the case."

Watch this site.

  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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