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2305 Southern District Reporters, Pc (212 2305 K2P3SCH1 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 2 ------------------------------x 3 UNITED STATES OF AMERICA, 4 v. S2 17 Cr. 548 (PAC) 5 JOSHUA ADAM SCHULTE, 6 Defendant. Trial 7 ------------------------------x New York, N.Y. 8 February 25, 2020 9:15 a.m. 9 Before: 10 HON. PAUL A. CROTTY, District Judge 11 -and a jury- APPEARANCES 12 GEOFFREY S. BERMAN 13 United States Attorney for the Southern District of New York 14 BY: MATTHEW J. LAROCHE SIDHARDHA KAMARAJU 15 DAVID W. DENTON JR. Assistant United States Attorneys 16 SABRINA P. SHROFF 17 Attorney for Defendant -and- 18 DAVID E. PATTON Federal Defenders of New York, Inc. 19 BY: EDWARD S. ZAS Assistant Federal Defender 20 -and- JAMES M. BRANDEN 21 22 Also Present: Colleen Geier Morgan Hurst, Paralegal Specialists 23 Achal Fernando-Peiris, Paralegal John Lee, Litigation Support 24 Daniel Hartenstine Matthew Mullery, CISOs, Department of Justice 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 2306 K2P3SCH1 Evanchec - Cross 1 (Trial resumed; jury present) 2 THE COURT: Good morning. 3 All right, Mr. Brendan. Mr. Evanchec, you're still 4 under oath. 5 THE WITNESS: Yes, your Honor. 6 RICHARD JOHN EVANCHEC, 7 CROSS-EXAMINATION (Continued) 8 BY MR. BRANDEN: 9 Q. Good morning, Mr. Evanchec. 10 A. Good morning, Mr. Branden. 11 Q. Yesterday we were talking about the defendant's apartment 12 in New York City. Correct? 13 A. That is correct. 14 Q. And you understood that the defendant had recently moved to 15 New York City; is that correct? 16 A. That's correct. 17 Q. And do you know exactly when that happened? 18 A. I believe it was some time in late 2016 that he had 19 relocated from Washington to New York City. 20 Q. So, by the 15th, the day of your search in March, he had 21 been there for approximately three and a half months, something 22 to that effect? 23 A. That sounds correct, yes, sir. 24 Q. From the looks of things, did it appear he was somewhat 25 still moving in to you? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 2307 K2P3SCH1 Evanchec - Cross 1 A. No. 2 Q. Okay. It just looked like things were slightly in 3 disarray? 4 A. Correct. 5 Q. By the date of the search, the defendant had already known 6 that former colleagues of his thought that he was complicit in 7 some fashion; is that correct, according to your investigation? 8 A. That's correct. 9 Q. You spoke at some length about the paper shredder 10 yesterday. Do you recall that testimony? 11 A. I do. 12 Q. And on Government Exhibit 1621, which is the -- 13 MR. BRANDEN: Can somebody pull that up for us. 14 Q. -- which is the cover page of 1621, it shows that there is 15 a reference with regard to a warning as to top secret 16 information. Is that correct? 17 A. That is correct. 18 Q. And that cover sheet is automatically generated whenever 19 anything is printed from those machines, correct? 20 A. That's my understanding, sir. 21 Q. Okay. So, with regard to whatever may follow this cover 22 sheet, that could totally be unclassified information, correct? 23 A. It could be. That is correct. 24 Q. And you yourself are not an expert in classifications, are 25 you? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 2308 K2P3SCH1 Evanchec - Cross 1 A. I'm not. 2 Q. All the e-mails that are referenced in this exhibit, 1621, 3 and the other exhibits that were referenced as perhaps being 4 the same document -- do you recall those exhibits? 5 A. I do, yes, sir. 6 Q. All those documents were of unclassified material, correct? 7 A. All of the documents from the shredder were unclassified 8 with caveats, in addition to the top secret cover sheet that 9 you see here. 10 Q. What is the caveat? 11 A. The caveat was agency internal use only. 12 Q. And that's abbreviated AIUO, correct? 13 A. That's correct, sir. 14 Q. But other than that caveat, there was nothing classified in 15 those documents? 16 A. That's my understanding. 17 Q. So, there was nothing about code in any of those documents, 18 there was nothing about Bitbucket, nothing about Confluence or 19 Stash or Jira, nothing about the gold repository, correct? 20 A. Not that was recreated, sir. 21 Q. Okay. And there were other documents in there that really 22 seemed to have nothing to do with CIA information whatsoever; 23 is that correct? 24 A. That's my understanding. 25 Q. You also testified that there were documents found in the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 2309 K2P3SCH1 Evanchec - Cross 1 headboard of the defendant's bed, correct? 2 A. That is correct. 3 Q. In some instances, these documents really compromised a 4 series of e-mail chains; is that correct? 5 A. That is correct. 6 Q. Looking at document 1617. Do you recall your testimony 7 about this document? Is this one of the documents that you 8 found in the headboard? 9 A. It appears to be. 10 Q. And this appears to be an e-mail chain, does it not? 11 A. It is. 12 Q. And Mr. Schulte's part of this e-mail chain, correct? 13 A. He is, sir. 14 Q. And it appears to go in reverse chronological order, 15 correct? 16 A. That is correct. 17 Q. And it's six pages in total, correct? This e-mail chain is 18 six pages in total, correct? 19 A. I would have to see the entirety of the e-mail to make that 20 determination. 21 MR. BRANDEN: Can you go to the sixth page and then 22 the seventh page. 23 Q. That's six and there's the beginning of the seventh page. 24 A. That what it appears to be, sir. 25 Q. Let's start with the sixth page if we may. We'll go in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 2310 K2P3SCH1 Evanchec - Cross 1 chronological order. There is an e-mail listed there dated 2 October 30, 2015, from Mr. Schulte, correct? 3 A. That's correct, sir. 4 Q. And the subject line indicates what? 5 A. "Behavior in the workplace." 6 Q. It's labeled unclassified, correct? 7 A. It is. 8 Q. Turning to page five. In the middle of the page, there is 9 an e-mail from Burt to Mr. Schulte, correct? 10 A. Correct. 11 Q. Again, the subject line is "behavior in the workplace," 12 correct? 13 A. That is correct. 14 Q. And it's unclassified, correct? 15 A. That is incorrect. 16 Q. Turning to page three. 17 That is correct? You agreed it is unclassified? 18 A. The classification of this document is unclassified//agency 19 internal use only. 20 Q. But it is unclassified is the point I was trying to make. 21 A. It is. 22 Q. And moving to page three of the document. Again, the 23 subject line is "behavior in the workplace," correct? 24 A. It is. 25 Q. And again it's unclassified? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 2311 K2P3SCH1 Evanchec - Cross 1 A. Correct. 2 Q. And we could move through the whole exhibit, right above 3 that on page three, again, Mr. Schulte's a member of this 4 e-mail chain and it's unclassified, correct? 5 A. That's correct, sir. 6 Q. And it concerns behavior in the workplace? 7 A. Correct. 8 Q. Then on page two at the bottom of page two. The same, 9 correct? Unclassified, behavior in the workplace? 10 A. Correct. 11 Q. Turning to page one, both of the e-mails listed there, 12 behavior in the workplace, unclassified, correct? 13 A. Unclassified with the caveat of -- 14 Q. Unclassified, right? 15 A. Correct. 16 Q. Turning to page seven of that exhibit, which is page one of 17 a new e-mail. This is from Mr. Schulte, correct? 18 A. It is, sir. 19 Q. Slightly different time frame, we're now in June of 2016, 20 correct? 21 A. That's correct, sir. 22 Q. Classification is? 23 A. It is marked unclassified. 24 Q. Turning to the next document, which would be page 10. This 25 document is from Shirley, correct? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 2312 K2P3SCH1 Evanchec - Cross 1 A. It is. 2 Q. And it's dated March 1st, 2016? 3 A. Yes, sir. 4 Q. What's the subject line read, please? 5 A. "Sean is out of the office today with his kids. (N/T)" 6 Q. That's unclassified, right? 7 A. Yes. 8 Q. The next document is from Mr. Schulte and it's dated 9 April 6, 2016. Can we move forward one page. One more page. 10 There we go. Do you see that? 11 A. I do. 12 Q. And this is dated? 13 A. Wednesday, April 6, 2016. 14 Q. And this concerns confidential information that Mr. Schulte 15 thought was improperly leaked at his initial court proceeding 16 for a protective order. Is that correct? 17 A. That's my understanding generally, sir. 18 Q. And what's the classification of that document? 19 A. It is marked unclassified. 20 Q. Turning then to the next document which is two pages 21 forward.
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