S.D.N.Y.: Def in MCC now prosecuted for leaking classified SW information via contraband cell phone

Defendant is being prosecuted in part for leaking protected search warrant and classified search warrant materials to the press from contraband cell phones in the MCC, Manhattan. This opinion is about disclosure of defenses and evidence. United States v. Schulte, 2020 U.S. Dist. LEXIS 5652 (S.D. N.Y. Jan. 13, 2020):

The evidence in support of the MCC Counts includes, inter alia, evidence showing that Schulte used the contraband cellphones, evidence of emails Schulte sent to a reporter attaching a Protected Search Warrant and the Classified Search Warrant, evidence Schulte posted on Social Media Accounts where he claimed the FBI was seeking to frame him, and prison calls between Schulte and a member of the media. The Government learned of Schulte’s misconduct through a confidential informant who provided the Government with photographs and video of Schulte using the contraband cellphones as well as images of screenshots of the contraband cellphones being used to transmit documents. The seized notebooks contain a list of Encrypted Email Accounts and the passwords, draft tweets including classified information, a note to “schedule tweets,” and a to-do list that included “delete suspicious emails.” Finally, the notebooks contain writings declaring an “information war” against the United States and a “Malware Article” that appear to be intended for public dissemination. The notebook is alleged to contain evidence of Schulte’s knowledge of non-public CIA information possessed by Wikileaks.

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