In Vault 7 Trial of Schulte Jurors Want Berger Testimony And Substantial Step Explanation

There no indication of an end in sight for deliberations. Inner City Press will remain on the case, as it works to complete its related book(let)

Jul 12, 2022

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SDNY COURTHOUSE, July 12 – 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, and live tweeted here.

Judge Furman: I'm going to announce the selected jurors. [He reads out 16 names. Inner City Press took fast notes - on on Patreon here]

Inner City Press has filed opposing the sealing of the courtroom for CIA witnesses, and once the witnesses begin anticipates making other filings.

The June 14, 2022 opening arguments, as live tweeted by Inner City Press, are here.

On June 15, Schulte in his own defense engaged in his first cross examination, of FBI Agent Evanchec. Inner City Press live tweeted it here.

On June 16, Schulte completed his cross of Evanchec - then the US put on CIA supervisor Anthony Leonis in a (mostly) sealed courtroom, Inner City Press which seeks to unseal was there then live tweeted here.

On June 17, Leonis finished his direct and was cross examined by Schulte, with a deadline to finish before the end of the trial day. Inner City Press live tweeted it here.

On June 21, MITRE's (and now Microsoft's) Patrick Leedom did direct and then some cross examination by Schulte. Inner City Press live tweeted here.

On June 24 the trial resumed and Inner City Press live tweeted here.

On June 27, FBI agent Michael Berger was cross examined, thread here.

On June 28, Day 8, the courtroom went sealed again, and without at least one of the feeds that was supposed to exist. Inside, "Jeremy Weber" was being cross-examined by Schulte. At day's end Schulte told Judge Furman he has ten more pages of questions for Weber, after finishing with 50 pages. The next witness, too, is sealed. But Inner City Press is staying on the case, and the background (see a launch of sorts, here).

On June 29, Schulte cross examined Weber at the opening, and waited for cooperator Carlos, about use of cell phone(s) in MCC, at the end. Inner City Press live tweeted, here.

On June 30, Schulte cross examined Betances, then FBI Special Agent Schlessinger, thread here

On July 6, both sides rested after questions, which Inner City Press live tweeted here and below. Inner City Press is covering the trial(s) and writing a book(let) about it

On July 7, the closing arguments, which Inner City Press live tweeted here.

Filed July 7, but docketed on July 8, this: Josh Schulte's pro se filing to Judge Furman about National Defense Information, asking, If the government maintained recipes for hot chocolate under lock and key, could they charge an individual for leaking that recipe under the Espionage Act?

On July 8, Judge Furman read his legal instructions to the jury and they began deliberating, first asking for a market then the testimony of US expert witness Leedom. Inner City Press live tweeted it here.

On Monday, July 11, the jury came in from 9 to 5 but did not ask a single question. Tale told from the inside here, Patreon here.

On Tuesday, July 12, the jury asked for the transcript of witness Berger - and a question about "substantial step(s)." Inner City Press live tweeted here:

OK- US v Schulte CIA #Wikileaks deliberations Day 3, there's been a jury question. Schulte, brought in by Marshals, is studying draft response. Stand-by counsel but not (yet?) his mother here Still waiting for arrival of Judge.

AUSA asks Schulte and stand-by counsel, Are we all good on the Berger transcripts? So that's one of the questions.

All rise! Judge Furman: There's a question about my jury charge, what is a "substantial step."

AUSA: The jury's question is a bit inscrutable. Schulte asks for 5 minutes. Granted.

Schulte: Mixing substantial step with significant steps is confusing. AUSA: We like it.

Judge: I'm going to leave it as is. Schulte: Change "was" to "has already been" Judge: OK.

Jury entering! Judge Furman: You've asked about Jury Charge page 28, lines 18 to 22, about attempted transmission of NDI. As to a step, you may consider how many more remain [etc]

Judge Furman sends jury back to deliberate. Thread will continue.

Note: During the break about how to answer jury question about substantial step, Federal Defenders' Ed Zas, co-counsel & some say "guru" in Schulte's first trial, was consulted by phone. Now, what does a drafted but not sent tweet signify? A "substantial step"?

It's 4:45 pm and no verdict yet in US v Schulte - nothing from jury since question on "substantial step." Josh Schulte's mother is now here, but Schulte himself hasn't been brought back in yet.

Now cell block door opens. Schulte is brought in. He waves to his mother.

All rise! Judge Furman: No further notes, ovbviously. The week continues. Bring in the jurors (to discharge them).

Jurors enter. Judge Furman: Don't do any research. Adjourned...

The deliberations and this coverage will continue.

Here's from Judge Furman June 13 Order: "as discussed on the record at the classified hearing held on June 8, 2022, the Court concludes that the particular statement Defendant seeks to admit is admissible. The Court further concludes that the information should likely be admitted as a stipulation, which would give Defendant “substantially the same ability to make his defense as would disclosure of ” a portion of the document itself, pursuant to CIPA Section 6(c). See 18. U.S.C. app. 3 § 6(c). Accordingly, the parties shall propose an agreed upon stipulation or competing stipulations for the Court’s approval no later than June 17, 2022."

Previously, 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 November 9, 2021, a status conference was held before Judge Jesse M. Furman to whom the case was reassigned. Inner City Press live tweeted it here - the upshot was a May 23, 2022 trial date was set. Vlog here.

That has since been moved to June, with the admonition that it will not be further moved. Schulte has raised issues of how his right to represent himself is possible with law library, turned off computers and printer paper issues in the MDC.

This was was one of the issues at a May 18 pre-trial conference held on Courtroom 15A of 500 Pearl Street, where Judge Furman has been overseeing a drug trial Inner City Press is also covering, along with other criminal and civil trials. It stepped out - then found that a window had been opened to oppose courtroom sealing. It wrote in to Judge Furman, see below and The New Yorker of June 16: "Matthew Russell Lee, an independent journalist who covered the first trial, recently filed an objection to the government’s motion to seal the courtroom during testimony from C.I.A. officers, but it appears that that condition will again apply."

On June 8 there was a final pre-trial conference, also in courtroom 15A; Inner City Press live tweeted:

OK- at #CIA #Vault7 leak case of US v. Schulte, Inner City Press which has opposed sealing is here, with half dozen gov't reps.

Now US wants to quash subpoena on a witness.

Judge: I would like to avoid sidebars... esp due to Mr Schulte's US Marshals issue. [He has 2 Marshals sitting behind him]

AUSA: When we move to sealed witnesses... Judge: We'll have the jury leave too, to make no one is in the courtroom who shouldn't be. Openings at earliest Tuesday [and probably later]. Four alternates.

Judge: 10 peremptories for the defense. 6 for the US. I'll tell jurors Mr Schulte is charged with 9 crimes [incl with] Wikileaks.

Schulte: Stress that I am presumed innocent.

Judge: I intend to ask jurors if they are vaccinated and boosted.

AUSA: We want our experts and former case agent in the court during other witnesses' testimony. Judge: Experts yes, case agent no.

Judge: Witnesses cannot read transcripts or media. A/V dry run, you can do it when in the courtroom, Mr Schulte.

Schulte: I'll be here til 4 on my Friday SCIF day.

Judge: We'll take up the rest in our classified setting. Adjourned.

Then the prosecutors and Marshals stood around Schulte as he tried to charge his laptop. The continued session would be elsewhere in the courthouse, sealed.

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

Previously, Judge Crotty held another proceeding with Schulte and his stand-by counsel. Schulte was 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 March 2, 2021 were the closing arguments [in the first trial], which Inner City Press tweeted, thread here

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