OK- at #CIA#Vault7 leak case of US v. Schulte, Inner City Press which has opposed sealing is only media in gallery, with half dozen gov't reps. Now US wants to quash subpoena on a witness. Threadette below
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. [How will Schulte pick 'em?] 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.
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OK - now SEC v. Ripple proceeding before Magistrate Judge Netburn. Inner City Press has been covering this and other crypto case and will live tweet, thread below patreon.com/posts/55581769
Judge Netburn: Sorry we're starting a half hour late. Our supply chain issue here is court reporters. We had to wait our turn. We are here on the letter brief by the SEC seeking to withhold the Bill Hinman documents...Let's start with the SEC.
SEC: Director Hinman sought legal advice on the application of the securities law to digital assets for his speech. The speech was very legal...
Judge Netburn: About the Howey factors? But didn't the SEC later say his speech was not on behalf of the SEC?
ENDGAME: In We Build the Wall trial of US v. Shea, jury sent sent a note that despite trying, and going "granular," they are farther apart then ever.
Judge Torres: I'm prepared to declare a mistrial.
AUSA: Give us a moment to confer.
Inner City Press thread below
AUSA: Your Honor, they jury said they have narrowed. We want to make sure if they have reached a verdict on, say, Count 3. We ask that you clarify.
Judge Torres: I'll make the inquiry. Have the jurors brought in.
Jury entering!
Judge Torres: Jurors, you have written to me that "We have gone into granular detail.. It is clear we are even further entrenched in our different views." I need another note, if you can reach a verdict on some of the counts. Send me another note.
OK - now Jan 6 defendants Bradley & Matthew Bokoski are before DDC Magistrate Judge Zia Faruqui. Inner City Press has been covering the case(s) and will live tweet, below
Here's the Bokoski "Statement of Facts," complete with photos and Facebook posts: justice.gov/usao-dc/case-m…
Matthew Bokoski is Bradley's son, and Pre-Trial Services asked for no contact between the 2.
Defense counsel said, How about limiting it to they won't speak about the case?
Judge Faruqui. OK.
2d Defense counsel: They are father & son, they should be able to speak
Ok - now DEA corruption case of JOHN COSTANZO JR., Special Agent, and MANUEL RECIO, former DEA, for RECIO funneling dollars to COSTANZO in exchange for COSTANZO providing info to RECIO to assist RECIO in recruiting clients for defense lawyers- thread below
COSTANZO is represented by Marc Mukasey. Recio, it seems, needs a Curcio hearing of potential conflict of interest.
Judge Oetken: Any search warrant?
AUSA: Yes. And a wire tap.
AUSA: For Mr Costanzo there's an audio recording.
[When will the Press and public get a copy?]
Judge: Any superseder of additional defendants?
AUSA: It's on the table.
Mukasey: So are motions against the searches, under the 4th Amendment.
OK - now DDC presentment of Peter Navarro before Magistrate Judge Zia Faruqui - Navarro wants to represent himself, pro se - Inner City Press will live tweet, thread below
Judge Faruqui: You're under oath. There is a two count indictment that was returned yesterday evening: contempt of Congress. Potential penalties include term of imprisonment under to one year.
AUSA: Maximum fine is $100,000.
Judge Faruqui. I thought it was $1000.
Judge Faruqui: Are you willing to have me appoint counsel for you?
Navarro: Just for today, for this. I was prevented from making a phone call.
Judge Faruqui: I take those allegations serious. The government has duties to treat everyone fairly.
Schulte: It was a forensic crime scene. They should givr us the server.
Judge: We're not going to rehash that...Some of this we can discuss in the closed session.
[That again]
Judge: Mr Schulte should consider signing new stipulations cutting references to prior counsel.
Schulte: I submitted my draft stipulations.
Judge: Whether Mr Schulte only shared his Malware of the Mind with his lawyers doesn't allow an advice of counsel defense.