In CIA Leak Case Schulte Wants To Go Pro Se But Wants Printer and Discovery So US & Judge Say Hold On
Meanwhile Ghislaine Maxwell gets many hours of access to her discovery in the MDC. But Schulte's request comes after his emailed from inside MCC. It's put off for a week, Inner City Press on the case
By Matthew Russell Lee, PatreonThreadSong
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SDNY COURTHOUSE, July 14 – 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's the July 14 thread: (and podcast here)
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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