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CaGade20-rr-0088640APAC DOnouraissd Fieeoa2Z2eP?1 Pafagect 26 20
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
enneeneeX
UNITED STATES OF AMERICA,
-V- : $3 17 Cr. 548 (PAC)
JOSHUA ADAM SCHULTE,
OPINION & ORDER
Defendant.
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Defendant Joshua Adam Schulte (“Defendant” or “Schulte”) is a former employee of the
Central Intelligence Agency (“CIA”) who is charged with stealing national defense information
from the CLA and transmitting it to Wikileaks. Schulte initially proceeded to trial in February
2020. The jury returned a guilty verdict on two counts, but failed to reach a unanimous verdict
on the national security charges. The Defendant moved for a mistrial with respect to those
counts, which the Court granted.
Shortly after the first trial ended, New York City emerged as the global epicenter of the
COVID-19 pandemic. As a result, the majority of in-person proceedings throughout the
Southern District of New York were suspended. Grand juries and jury trials were no exception.
Nevertheless, on June 8, 2020, the Government obtained a third superseding indictment (the
“Indictment”) in anticipation of a second trial.
Schulte now moves to dismiss the Indictment on the grounds that the grand jury venire
that returned the Indictment did not reflect a fair cross-section of the community, in violation of
the Fifth and Sixth Amendments, and the Jury Selection and Service Act of 1968 (“ISSA”), 28
U.S.C. § 1861 et seg. For the reasons set forth below, Schulte’s motion is DENIED.
DOJ-OGR- 00002822