Opinion
17-CR-548 (JMF)
06-14-2022
UNITED STATES OF AMERICA, v. JOSHUA ADAM SCHULTE, Defendant.
ORDER
JESSE M. FURMAN, UNITED STATES DISTRICT JUDGE:
The Government moved to admit two Government exhibits, the Wikileaks leak and the log file, as classified exhibits available only to the jury, the parties, and the Court. See ECF Nos. 846, 846-1, 846-2. Defendant opposed the motion. See ECF No. 832, at 9-10. On June 13, 2022, the Court granted the Government's motion orally, with a written opinion addressing the factors laid out in Waller v. Georgia, 467 U.S. 39 (1984), to follow.
The Government also moved pursuant to the Classified Information Procedures Act (“CIPA”), 18. U.S.C. app. 3, Section 6(c), to admit a stipulation in lieu of classified documents Defendant contends demonstrate that some of the information he is accused in leaking in Counts 3 and 4 was publicly available. On June 14, 2022, the Court granted the Government's motion on the record, finding that the proposed stipulation gives Defendant “substantially the same ability to make his defense as would disclosure of ” the underlying documents.
SO ORDERED.