Warrant Fight: After Guilty Verdicts in Wikileaks Trial Schulte Had Laptop Seized July 28 in MDC Now Challenged
On what basis did DOJ seize the airgapped laptop again? Inner City Press is on the case(s), #BrutalKangaroo
By Matthew Russell Lee, Patreon Thread SongDecrypt - Q&A - Pod - Brutal Kangaroo Book
SDNY COURTHOUSE, August 8 – 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.
[July 20 denial of access here; Brutal Kangaroo]
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, meanwhile, 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.
Inner City Press live tweeted Schulte's July 26 proceeding, here and below.
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. When informed by Mr. Schulte of this, I contacted the United States Attorney’s Office for the Eastern District of New York and requested a copy of the search warrant and any affidavits in support of the warrant. Within minutes of my email, I received a response from Mr. Pravda, Co-Chief of the National Security Unit, directing me to the AUSAs in the Southern District of New York. I then emailed and requested a copy of the documents from United States Attorney’s Office for the Southern District of New York, but I received no response. This letter motion follows, seeking an Order that the government immediately provide a copy of the search warrant1 and the affidavit(s) in support of that warrant to Mr. Schulte via counsel. Further, the Court should Order the government not to review the contents of the Schulte laptop until this matter is fully briefed and argued." Full letter on Patreon here.
On August 5 Judge Furman relieved Colson, but declined her suggestion that David Stern be her replacement: "ORDER as to Joshua Adam Schulte. On July 25, 2022, the Court received a motion from Deborah Colson to be relieved as defense counsel. See Doc. No. 886. The Court granted the application but reserved judgment on whether or whom to appoint in Ms. Colson's place. The Court concludes that new Criminal Justice Act counsel is appropriate and hereby appoints Caesar De Castro the CJA lawyer on duty today (who has the appropriate security clearance as well). (Signed by Judge Jesse M. Furman on 8/5/22)." It's for the CP case.
From July 26: OK - now at Josh Schulte post-conviction conference. Two US Marshals, two stand-by counsel (for now)
All rise! Judge Furman: Mr. Denton can't join us? Let's take up Mr Schulte's representation. AUSA: He needs to be pro se or not pro se.
Judge: Rule 29 pro se, then not. Judge Furman: I'm sure there's a standard reverse-Faretta allocution, but have you discussed all this with stand by counsel?
Schulte: I have. Judge: Any alcohol or drugs in the last 48 hours? Schulte: None.
Judge: Ms Colson wants out, come to the [sealed] sidebar. [Whisper, whisper.]
Judge: I grant the request to withdraw. Is it necessary to have 2 CJA counsel? [Budget discussion]
Judge Furman: Usually it would be the CJA on duty...
Judge Furman: I will speak with the powers that be about this. What about moving directly to sentencing? I'm not granting it. What about the severed ["CP"] counts?
Stand-by counsel: Need an expert on that.
Judge: So let's set a date: September 11, 2023. Judge Furman: Sept 11, 2023 is a firm trial date. Do you understand, Mr Schulte?
[His calendar is open.]
Schulte: Yes. Judge: Weekly SCIF is too much. AUSA: He doesn't need any.
and Vlog (shot in Brooklyn by EDNY) here.
The case is US v. Schulte, 17-cr-548 (Furman).
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