OK - US v. Josh Schulte, now jury charge then deliberations (Day 13 of trial). Inner City Press has reported the trial(s) & is writing a book(let) on it, soon here amazon.com/author/matthew… & will live tweet charge & deliberations, questions, verdict, thread below
Judge Furman: Jurors, I want to remind you that during deliberations your phones should be off and not with you. You can check them during breaks. And let me remind you: Mr. Schulte is presumed innocent.
Judge Furman: One type of evidence is called direct evidence. There is circumstantial evidence [wet umbrella analogy follows, modified only with "assume the curtain were entirely drawn - in fact, there are in this case." #SealedCourtroom
Judge Furman: The defendants words were as a lawyer. They are not evidence... You heard testimony of a cooperator, Carlos Betances. You may ask yourself, Was any part of his testimony made up to receive favorable treatment by the US? Case: innercitypress.com/sdny1schulteco…
Judge Furman: Mr. Schulte is charged with alleged misuse of computers and disclosures to Wikileaks: illegal gathering of National Defense Info; illegal transmission of NDI & harmful computer commands; possession and attempted transmission of NDI while in MCC jail
Judge Furman: Information may qualify as "closely held" if it has been made public by someone other than the US and the US has not confirmed it, that may be NDI.
Judge Furman: The indictment charges that between July and October 2018 Mr. Schulte attempted to transfer NDI, based on statement "I wrote software to disguise data... I wrote my own crypto... Bartender for [redacted] vendor," etc
Judge Furman: Mr. Schulte is charged with obstruction of a grand jury proceeding in his statements to the FBI... You need not find that corrupt intent was his only purpose. For 3, 4 and 9 you must find venue as well.
Judge Furman: In a few minutes you will go into the jury room and begin to deliberate. After you retire, first select a foreperson. Do not surrender your honest opinions or beliefs. Your decision must be unanimous.
Judge Furman: Treat each other with respect. All litigants stand equal before you. Be guided only by the evidence without regard to the consequences of your decision. [Judge puts back on N-95 mask].
Inner City Press will remain on alert for jury notes / verdict
Now Judge Furman to the 2 remaining alternates: You may be called upon to rejoin the jury. So the instructions still stand: do not discuss the case with anyone. You may retrieve your belongings.
Judge Furman swears in Court Security Officer.
Judge Furman: I ask that you not venture very far - Mr. Schulte is not going very far, but for the others, leave your cell phone numbers. We often get a note quickly, though not substantive. Adjourned.
Inner City Press will continue this thread as things happen
Now they've back at 2:06 pm --
Judge Furman: I got a note requesting a marker, I didn't call you all for that. Now I got a note requesting the testimony of witness number 3, Mr. Leedom. Mr. Schulte?
Schulte: Page 93 the US redacted 7 and 8 but-
Judge: I sustained.
Judge Furman: Do we need a CISO next week, if jury continues to deliberate as seems likely? I'd say, only if we need a classified hearing. I think it's OK to take our chances.
AUSA: We've been through these hearings enough. No CISO need.
Schulte: Whatever.
[To be fair and complete, Schulte just said "whatever you think is best"]
Judge Furman: I propose to tell the jurors we're loading the Leedom testimony onto their system, hard copies too.
AUSA: How many copies?
Furman: Let's say six.
Schulte: I'd add to your note, if they want more than 6 hard copies, they can ask.
Judge Furman: I think that's implicit. I'll add, Thank you for your patience.
[Judge leaves bench. Thread will continue - I'm thinking, at or around 2:45, or before if another note]
Ok - 2:54 pm Judge Furman is back.
Judge Furman: Before I bring the jury in to release them, I'll ask the parties to work on redacting the transcript. I thought Leedom might be first. Next, maybe Berger. Use the weekend.
Jury entering!
Judge Furman: Hopefully the marker was satisfactory. You'll resume Monday, as soon as all 12 are here. You'll give your lunch order forms to the Court Security Officer. I wish you an enjoyable weekend.
After jurors leave:
Judge Furman: To the parties, I'll see you Monday at well. You don't need to be here at 9 am, just be nearby. [Schulte will be in the courthouse holding cell]. Stories soon on InnerCityPress.com & patreon.com/MatthewRussell…

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More from @innercitypress

Jul 8
OK - another Jan 6 case, in which Victoria White has hired her assigned lawyer and wants to represent herself (it's catching). DDC Judge Bates asks, Do you know the Federal Rules of Evidence? White: Exculpatory evidence? Maybe a thread below, depending how it goes
Judge Bates: In my opinion, you'd do better with a lawyer. I urge you strongly not to try to represent yourself. Do you understand my advice?
White: I do.
Judge Bates: I understand you were unsatisfied with your last lawyer. Is this what you want to do?
A: Yes.
Judge Bates: Have you ever been treated for mental issues?
White: You are asking this in a public proceeding?
Judge Bates: I'm not going to ask more - just, are you still in treatment?
White: I'm OK.
Judge Bates: Turn off the public line. Or wait a minute.
Read 6 tweets
Jul 7
OK- US v Josh Schulte CIA #Wikileaks #Vault7 closing arguments today (Day 12 of trial); yesterday it emerged DOJ thinks a journalist can be prosecuting for reporting what Schulte might say- Inner City Press is covering the case(s) & will live tweet, thread below
Judge Furman: Mr. Schulte, are you ready?
Schulte: I just need to be taken into the holding cell to change my shirt.
Judge Furman: Fine. And please pull your mask up over your nose.
Jury entering!
Judge Furman: Good morning, jurors. Yesterday's witness "Dave" is also "Dave C." And I have approved redactions to the transcript. Now, the closing arguments.
AUSA: On April 20, 2016, Joshua Schulte stole the CIA's cyber tools. He turned on the US
Read 72 tweets
Jul 6
OK - US v. Josh Schulte CIA #Wikileaks trial Day 11, FBI Agent Schlessinger being cross examined by Schulte. Inner City Press is writing about the case - today innercitypress.com/sdnylive108sch… & soon here amazon.com/author/matthew… - will live tweet, thread below
Schulte: Good morning. Each of the notebooks you went through was 80-sheets, right?
FBI Schlessinger: I think so. I don't recall.
Schulte: Let's pull up Exhibit 806. This is 160 total pages, right?
Schlessinger: Yes.
Schulte: But the US choose only 2 pages, right?
AUSA: Objection!
Judge Furman: Sustained.
Schulte: And none of these pages were transmitted, right?
Judge Furman: I think this has been asked and answered.
Read 44 tweets
Jul 5
OK -now in courtroom 23B is Jen Shah of Real Housewives of Salt Lake City, final pre-trial conference before telemarketing fraud trial set for July 18 @sdnylive. Inner City Press will live tweet, thread below patreon.com/posts/59370292
Jen Shah just went up front and spoke at length with judge's courtroom deputy. Two lawyers with her at defense table.
Judge entering - all rise!
Judge Stein: We're ready for trial. The expert, I'm going to allow to testify about charge-back fraud. We will begin trial on July 18.
[Shah stands up, then sits down]
Read 8 tweets
Jul 1
OK - now in Jan 6 case, guilty plea proceeding of Rafael Valadez of Indio, CA, who "live-streamed his participation in the attack on the Capitol on January 6, 2021." He attended College of the Desert. Judge Boasberg: You entered the crypt. #TalesFromTheCrypt
Here is DOJ's "Statement of Fact" against Valadez. Featuring prominently in it: a white cowboy hat storage.courtlistener.com/recap/gov.usco…
Judge Boasberg: Did you do these things? Are you guilty?
Valadez: It is just a yes or no answer?
Judge: Yes.
Valadez: So, yes.
Read 5 tweets
Jun 28
OK - #GhislaineMaxwell sentencing has just begun. She is in prison blues; Judge Alison J. Nathan is on the bench. Inner City Press covered the case and trial and will live tweet, thread below. Book(let) #MaximumMaxwell, to be updated amazon.com/dp/B09P7RNGK6
Judge Nathan: I have ready the parties' submissions, including the letters from friends and family members of Ms. Maxwell. I got a letter from an inmate at MDC about Ms. Maxwell's assistance with tutoring. I also have victim impact statements...
Judge Nathan: Ms. Moe, what has the US done to notify victims?
Asst US Attorney Alison Moe: We used the Victim Notification page on our website.
Judge Nathan: The pre-sentence report.
Ms. Maxwell, have you read it?
Maxwell: I have an an opportunity to read it.
Read 71 tweets

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