The day began with discussion of the courtroom sealing that Inner City Press has opposed (and will continue to oppose) documentcloud.org/documents/2205…
Jury entering!
Judge Furman: Juror 15, I take it that my deputy conveyed to you...
[A nod]
Judge Furman: Very good. Proceed, Mr. Schulte.
Schulte: Good morning. Yesterday you testified about the search of my Manhattan apartment. How many agents?
Evanchec: 8 to 15.
Schulte: How long did you take?
FBI Agent Evanchec: 14 to 15 hours.
Schulte: For a one bedroom apartment?
Evanchec: Yes.
Schulte: You seized all the electronics - how many?
Evanchec: Two servers, desk tops, thumb drives, hard drives...
Schulte: There was no National Defense Information discovered on my mp3 players, correct?
Evanchec: Not that I recall.
Judge Furman: Jurors, National Defense Information is a legal term. You'll decide it is or isn't.
Schulte: Was there any classification review by the CIA of the IRC chats?
Evanchec: I don't recall.
Schulte: You seized 20 terabytes of data to try to find anything on me, correct?
Evanchec: That is not the goal of our investigations.
Schulte: Your search warrants for GitHub and Reddit, you found no National Defense Information, correct?
Evanchec: No we did not.
Schulte: And here you found a movie, Robin Hood with Kevin Costner, correct?
Evanchec: Correct.
Schulte: You said you found documents in the headboard of my bed, right? All my CIA documents?
Evanchec: Most of them.
Schulte: Like my CIA pay stubs.
A: Yes.
Schulte: And just because an email has full names doesn't mean it's classified, right?
A: It might be.
Schulte: Your notes here, they contain the last names of covert operatives of the CIA, correct?
Evanchec: Well, just one.
Schulte: But that's a violation, isn't it?
Evanchec: I'm not a classification authority.
Schulte: Did you purposefully disclose NDI?
AUSA Lockard: Objection!
Judge Furman: Sustained.
Schulte: But the government never charged you with a crime, correct?
AUSA: Objection.
Judge: Sustained.
Schulte: Let's talk about Google searches.
Schulte: During this time period, Wikileaks released the DNC emails, right?
Evanchec: Yes.
Schulte: And there was a fiasco with your director, Comey, right? There was Guccifer 2.0,right?
Judge Furman: Do you know what Guccifer 2.0 is?
Evanchec: No, sir.
Schulte: There were also the Shadow Brokers... Is it your understanding that Wikileaks has NSA code?
Evanchec: I do not know about that.
Schulte: Did you know that 80% of the searches you claim I made about Wikileaks were not in fact searches at all?
Evanchec: No.
Schulte: Are you aware of Google News?
Evanchec: I do not not regularly use Google - so, no.
Schulte: Did you know Google makes a special log in your search history when you're using Google News?
Evanchec: No.
[Aside: I've had a Hezbollah alert since Saab trial]
Note: Schulte indicated he had 45 minutes more of cross of Evanchec; it's been more than that already. The next witness is a so-called sealed witness - Inner City Press may have to pause live tweeting for a bit, but thread will resume asap. documentcloud.org/documents/2205…
Interim update 1: the FBI surveilled Schulte family vacation in San Diego.
Jurors look interested.
Interim update 2: Schulte went overtime with his cross and re-cross. Here's some of it (trial resumes with "sealed" session at 12:20 pm, so this'll be supplemented later)
The FBI found people to wear wires and talk to Schulte about Wikileaks.
The FBI had people "bump" into Schulte at a bachelor party and just, oh by the way, bring up Wikileaks and record him.
Schulte made a point of asking, did the FBI surveil my mother and me going to Starbucks? Yes.
Jurors looked interested, like it was a tennis match
OK - "sealed" session about to begin - thread will continue later, watch this feed
Whew - out of sealed courtroom after 2 1/2 hours. "Now it can be told" - well, sort of --
The witness, who cannot be physically described under the order, is Anthony Leonis. He was Schulte's supervisor. He identified Schulte as "the man with the shaved head"
Leonis: On March 7, 2017 I was supposed to drive my boss, I was looking forward to the time to talk - but the Vault 7 leak came out on Wikileaks and they said, everyone to the office! There, the conference room was full. Brutal Kangaroo could no longer be used
AUSA Denton showed on the screen the Brutal Kangaroo / Drifting Deadline users' guide.
AUSA Denton: What is air gap jumping?
Leonis: A thumb drive infects one computer, and it spreads onto another thumb drive.
On the screen: EZCheese LinkFiles / Giraffe Links
Questioning turns back to the decision to relocate Schulte after restraining order against Amol. Email to Schulte: "As discussed, please move to your cubicle." Josh = 9W53-020
Emails involved Debra, Bonnie B. Smith, Frank Stedman, Leonard Small, Patrick Schaffer
Then moving cubicles deemed not enough. Josh to AED/RDB (under Leonis), Amol AED/MDB. Schulte responds with emails that he assumes this is punishment for reporting Amol and getting the protective order. He gets no written answer; writes again.
Schulte was allowed to contribute to, but not administer, OSB Libraries. But, Leonis complains, he still did - & told Jeremy he'd been authorized. Alert! Leonis says he began to consider stripping all of Schulte's access.
[A bureaucratic stations of the Cross]
Schulte did not get to start cross examination of Leonis today. AUSA Denton said he has an hour more of direct. So, 10 am tomorrow, the cross. And unlike today - sorry, in sealed courtroom, constrained - Inner City Press will aim to get back to live tweeting.
CIA' Leonis: Josh told me he was going to fight back. It caught me off guard. He was going to put up a fight about a management decision. That's not the way people talk in a professional environment.
AUSA: Did you ever retaliate against him?
Leonis: No.
AUSA: Mr. Schulte wrote he has incurred the wrath of his supervisor Karen. How was Karen?
CIA's Leonis: Karen cared so much about people. She'd walk the halls and ask you about your family... We asked Josh and Amol to go to the Employee Assistance Program
CRYPTO IN THE COURTS: BitMEX Benjamin Delo is now up for sentencing, after arthur Hayes citing the Jackie Robinson Foundation got 6 months home confinement innercitypress.com/sdny162gkoeltl… Inner City Press will live tweet, thread below
Delo's lawyer: Even home confinement is unnecessary. He is a British citizen, here on a tourist visa. He cooperated with the #CFTC.
Defense: Ben was living in Hong Kong. He gave money to Oxford.
[There are more than a dozen suited persons here in the gallery]
Judge: Didn't he know there were US persons im the platform?
Defense: He didn't encourage it
OK - now in Jan 6 case of US v Ryan Samsel, defendant wants to speak for himself to DDC Judge Jia Cobb. Inner City Press has covered this case, too innercitypress.com/ddc113samselic… and will live tweet, thread below
Samsel: I was in the Einstein Medical I.C.U. for 11 days
Judge Cobb: Maybe it's your lawyers who should speak -
Samsel: I need to. I need to. I have collateral blood flow. I have only two veins left in my left arm.
Samsel: I know this is the government trying to torture me and make me collaborate. Kiss my ass -- they are the terrorists!
Judge Cobb: Given that we are going to talk about medical and transfer, maybe exclude the public --
Samsel: No! No! I want them to hear!
OK - now US v. Joshua Schulte, Day 2. FBI Agent Evancech still the witness, awaiting Schulte's pro se cross examination. Inner City Press is covering the trial (filings leagle.com/decision/infdc… & more patreon.com/posts/67792346) and will live tweet, thread below
Trial day was to have started at 9 am. But stand by counsel just said, I need to speak with Mr. Schulte, he still hasn't seen the 3500 material you just gave us.
That is, new discovery provided on the morning of Day 2. Judge Furman not yet on the bench.
More issues raised before judge or jury come in: Schulte would like a longer (45 minutes) lunch break so he can stay in the courtroom and review documents with stand by counsel. Also, he might get a 2d computer, from Federal Defenders.
CRYPTO IN THE COURTS: Now at arraignment of Eddy Alexandre, out on $3M bail with former SDNY prosecutor Emil Bove as his lawyer. Inner City Press has covered innercitypress.com/sdny1cryptoale… and will live tweet, thread beloe
Judge Cronan: I was Mr Bove's supervisor.
[Gives 2 weeks to object.
Courtroom jammed; there's a T-shirt "We Support Our CEO"]
Alexandre: Not guilty.
Judge Cronan: Mr Bove, are there any conditions I should loosen?
Bove: I'll deal with Pre-Trial Services
AUSA Folly: Defendant ran #EminiFX - a Ponzi. We have video.
AUSA: Where do you work now?
Evanchec: In Dallas. North Texas. Before that I was in counter terrorism. And in NYC, counter intelligence squad 6. We thwarted foreign government's spying
AUSA: What was your role in investigating Josh Schulte?
Evanchec: I was one of the lead agents.
AUSA: Do you see Mr. Schulte?
Evanchec: He is there, white mask. He just waved. Wearing a beard. With a shaved head.