Trial of programmer accused in CIA leak ends in hung jury
nytimes.com
nytimes.com
This is sorta what all the mass surveillance and tracking is about, or at least enables: To ruin the life of any potential dissident. If they can't dig up any dirt from your history, they'll inject it.
And that's what makes it a nightmare for the rest of us.
Part of the answer is probably constant counter-surveillance of law enforcement themselves (body cams, software logging, etc) stored in an immutable or at least tamper evident data store. Of course, you'd still have a "who watches the watchmen" problem.
For the record, the original allegation [0]:
>investigators discovered a single classified document as well as over 10,000 images and videos depicting child pornography including "sadistic and masochistic images and videos of children as young as a few years old who had been brutally sexually assaulted." The government found that Schulte had "neatly organized" this material "according to his preferences, and stored it for a period of years."
More details here, including IRC chat logs: https://www.courtlistener.com/recap/gov.uscourts.nysd.480183...
I'd recommend reading the whole criminal complaint. They'd really have to provide full, unedited chat logs in order to get a more holistic view, but from what they provided, it does seem somewhat ambiguous. Based on the chat logs and Google search results they found, it seems clear he did intentionally seek out and download child pornography. However, from the conversation snippets they posted, I could see the argument that it was a morbid curiosity for him rather than out of pedophilic urges. None of those conversations look anything like conversations between pedophiles or child porn distributors. One would think they would stick the worst stuff in the complaint, and if those are the worst logs they found, then it doesn't seem like a total open-and-shut case. You could definitely interpret those logs as Schulte slyly probing for where to find things, with some plausible deniability, so he could fulfill his sexual desires, but you could also possibly interpret it as young guys (he was around 21 at the time, talking to other young guys) being edgy and stupid.
That interpretation is tough given the fact that he had 54 GB of it, in a folder named "CP Files", across over 10,000 images and videos, in neatly organized sub-folders. They also found a few Google searches up until 2012. [1] Though, if it were perhaps one large archive he had downloaded and extracted one time, rather than meticulously curating individual files over years, I could possibly see the argument that it was from when he was just researching about that horrible fascination. If so, and if it was done around 2009 - 2012, it's possible he could've even forgotten he had it when he got raided in 2017. And the Google searches look pretty bad, but, again, if those are the worst they found, I wouldn't say it's open-and-shut.
Of course, I do think people should face consequences for having 10,000+ items of child pornography, regardless of their motives, but there could be mitigating factors here. Or there might not be. One would have to look at a lot more evidence, and we'll presumably get a look at that once he's separately tried for the child pornography charges.
In an interesting twist, he actually did (briefly?) publicly claim he was framed, and there's an allegation that he planned to use two false identities and a document claiming inside knowledge that the child pornography was planted, written by him under one of these false identities (masquerading as a supposed internal FBI source), to be released by WikiLeaks. Basically, the government is accusing him of trying to frame a framing. This appears to not be denied by him (I think?), but could possibly be thrown out due to potential attorney client-privilege issues with the documents that contained the evidence. (Not sure if it was brought up in this trial.) In my opinion, the evidence is pretty damning that he did plan to spread this disinformation to cast doubt about the leak and the child pornography; though all of this doesn't necessarily lend more support to any of the original allegations. [2][3][4]
I'm not a fan of this trend of HN comments skimming some headline or article snippet and then giving a hot take without actually looking into any of the facts or claims. I feel like it's been happening a lot more in the past few years; even reddit often isn't as bad. It takes about a minute to see the government's case against him and to consider a few possible defenses he may have, rather than knee-jerk pattern matching "alleged CIA leaker accused of CP possession" to "FBI/CIA possibly/likely planted evidence", with nothing to support that. If you were to sow some seeds of doubt in the veracity of the logs or any other government claims, it'd be different. Just because it's a plausible story from a motive perspective doesn't mean the onus still isn't on you to support the suspicion.
[0] https://en.wikipedia.org/wiki/Joshua_Schulte#Sex_crimes_alle...
[1] (Paraphrased slightly) (i) April 9, 2011, Google Search for "child pornography" on at least three occasions; (ii) October 15, 2011, Google Searches for "movie where father videos daughter and friend sex" and "movie where father videos child porn"; and (iii) May 15, 2012, Google Search for "female teenage body by year."
[2] https://www.emptywheel.net/2019/06/19/accused-vault-7-leaker...
[3] https://www.courtlistener.com/recap/gov.uscourts.nysd.480183...
[4] Excerpts:
>“So who’s responsible for Vault 7? The CIA’s own version of the FBI’s Peter Strzok and Lisa Page”
>in the Fake FBI Document in the Schulte Cell Documents, a purported FBI “whistleblower” claimed that the FBI had placed child pornography on Schulte’s computer after its initial searches of the device were unsuccessful in recovering evidence.
One reason this happens is that police and prosecutors alike put a lot of work into investigating crimes, and they do not like working in vain. They are especially bothered by the prospect of not apprehending anyone, and much more so by the prospect of being unable to convict someone they believe is guilty. It would be fair to say that they have at least some bias toward convicting someone-- anyone. It's also the case that they are sometimes wrong but very much don't want to believe they are. People easily find ways of justifying things they want to believe.
Another reason is that trial lawyers tend to develop a preoccupation with winning. Consider that, for a prosecutor, the only way to win is to get a conviction. This can lead them down the path to all sorts of hell and is probably the biggest contributor to grand juries being shams and evidence being withheld.
It is true that there are career benefits to winning a lot of cases, but for your average ADA that's typically just the privilege of being given more serious cases to prosecute. Plenty of ADA's lose a lot of trials with few ill consequences. Where this is more of a problem is with elected prosecutors, the actual District Attorneys. They are the ones who benefit most from high profile investigations, indictments, and convictions. It's very much in their political self-interest to get convictions.
Lastly, the courts (judges) generally let prosecutors get away with all sorts of shenanigans for a variety of reasons. It may be that they themselves are "tough on crime", or prefer to give prosecutors the benefit of the doubt, or simply that they're lazy. Any trial lawyer will tell you it happens with shocking regularity that judges allow evidence into trial that they really shouldn't under the guise of the questionable rationale that they should just "let the jury decide." Let us not forget that one of Alexander Hamilton's main arguments in favor of the jury system was as a safeguard against corrupt judges.
In short, little stops them from doing these things other than their own consciences, a handful of weakly observed procedural safeguards, and some extremely vigilant defense attorneys who fight back hard.
Possession is illegal either way...
I think conspiracy theories are so dangerous because the threads can be interpreted however one wants, and facts don't matter.
You wrote a thoughtful, sensible rebuttal, but it has little impact in the face of "oh of course the CIA did it". It's pretty disappointing really.
Once you are free, it’s much easier to gather evidence.
I don't agree in general, though. If someone framed you but you couldn't prove the actual framing, you would still insist that you were framed and explain how you couldn't have done it. If that happened to me, I would be livid and professing my innocence and making it very clear to whoever I could that someone somehow planted the evidence. Maybe his lawyers advised him not to talk, but they didn't really present much of an argument for framing/planting at trial, either, it seems.
>Once you are free, it’s much easier to gather evidence.
What if you're convicted and sentenced to many decades, or life, as he likely will be either for a retrial on the leak stuff, or for his child pornography trial?
If it is a bogus charge.. Would anyone here really be surprised ? I mean really ?
I don't think the people who would say : 'Nah wouldn't surprise me' are tinfoil hat wearers.
EDIT: That's really not to say that the CIA is not important.. It's just not out of the realm of possibility that someones ego/butt would be hurt about the leaks.
Would I be surprised they'd do something so stupid as to plant child pornography on a suspect's computer and ruin their already pretty soiled reputation to such an extent that all future prosecutions of whistleblowers and leakers will come under heavy doubt, in addition to their ethics around abused children, and that this would be signed off by the top leadership and accepted organizationally? Kind of.
Something along the lines of MKULTRA or COINTELPRO. (I would argue that even in the era where those programs were rampant, planting child pornography would still seem unlikely. Though certainly a lot more likely.)
Planting that shit seems a perfect candidate to get a no questions asked lock up. And lets be honest, if its true, we would all burn his balls attached to him and than let him go to prison.
But I agree with other posters, he is capable enough to clean his leaking, but not his kiddie shit ? Also he was never recognised for the kiddie stuff before ? My tinfoil hat is not on, but its in that region.
As I wrote in my post, he wasn't capable enough to clean up a lot of his leaking. They found various kinds of evidence. A lot of it was covered up, but a lot wasn't.
>Also he was never recognised for the kiddie stuff before ?
I would bet the majority of people who download child pornography probably never end up getting on anyone's radar. Or at least a large percentage don't.
>Why not? They claim end-to-encryption is protecting pedophiles... And it's their selling point. That trench of absolute human shit is their marketing. - For impact, they need to sell it over the value of e2e for the citizen.
Sure, I don't like that one bit, but it's a huge leap to go from that to planting child pornography evidence on a suspect's computer. Many people do legitimately believe encryption is a net negative and enables criminals like pedophiles and terrorists. I don't agree with them, but this is a belief people have. On the other hand, there is no belief or rationale that could ever justify planting child pornography on someone's computer.
Are you suggesting that this is a double-layered conspiracy - not only a way to get a leaker convicted, but also a way to make those who use encryption seem like pedophiles? If so, you're going to need to provide even more evidence than if you were just posing the first claim. I could think of like four more layers of conspiracy theories I could pile on top of that, but they're also meaningless without evidence. I could spin your comment as you being part of a conspiracy theory to protect pedophiles; also meaningless.
>Planting that shit seems a perfect candidate to get a no questions asked lock up. And lets be honest, if its true, we would all burn his balls attached to him and than let him go to prison.
Sure, that'd be one of the best ways to secure a conviction if you're trying to think of what sort of evidence to plant, but I don't see how it relates to your other points or to the likelihood of it being true. Conspiring to crash planes into financial and government buildings on 9/11 would be one of the best ways to start a war in the Middle East if you're trying to think of some casus belli, but that doesn't mean that's what actually happened.
I would recommend reading the documents. Yes, some are long, but they're much more informative than completely blind speculation from HN commenters going off of nothing but a thread title.
One can't rule anything out when you're dealing with intelligence agencies, but in this case, is there a single known instance of the US government ever doing such a thing? Planting child pornography on a defendant's computer? Imagine dealing with the optics from that fallout; not only seeking out and spreading content of children being raped, but also using it to falsely imprison someone. I suspect nearly all CIA agents are far more comfortable with assassinating foreign adversaries than doing that.
Of course it could happen, but such a claim requires evidence, or at least some attempt at refuting the prosecution's claimed evidence, not just "well, you can't trust the CIA, you know".
Imagine dealing with the optics of the other major illegal activities, such as Operation Mockingbird, or trafficking drugs for Contra, or more recently, trying to smuggle 1300 lbs. of cocaine across the boarder. There are bad people working in the CIA (there are bad people working in most major organizations; it is logically sound to think the power and rule-bending offered by the CIA attract more of these types than other organizations). They had ample access, they have huge collections of child porn in evidence, and they had strong motive. Is it more believable that this guy circumvented their security, wiped his hard drive, but forgot about the life-sentence inducing child porn on his other hard drives? Or that is was planted by people who didn't like him, needed a scapegoat, needed a conviction, and had an easy way to do it.
> Of course it could happen, but such a claim requires evidence, or at least some attempt at refuting the prosecution's claimed evidence, not just "well, you can't trust the CIA, you know".
The US Intelligence Community has had some really massive screwups and straight up illegal operations become exposed over the last couple of decades (weapons of mass destruction in Iraq, COINTELPRO, PRISM, the list goes on...). They have lost the legitimacy required for blind trust in them.
Neither, because they're both contrived strawman scenarios.
>The US Intelligence Community has had some really massive screwups and straight up illegal operations become exposed over the last couple of decades (weapons of mass destruction in Iraq, COINTELPRO, PRISM, the list goes on...).
I mentioned COINTELPRO in another comment, but I don't consider any of the other things you listed as ranking as highly as planting child pornography, and even COINTELPRO never went that far.
>They have lost the legitimacy required for blind trust in them.
Another weakman argument. Obviously I don't trust any government, let alone any government's intelligence agencies. Few people do. Most people, in all countries around the world, are well-aware that they're some of the least trustworthy entities to ever exist.
I still think evidence is required when accusing an intelligence agency of heinous offenses, even when they have been guilty of many offenses in the past. I would even say the same of far more authoritarian and ruthless governments' intelligence agencies, like China's, even in spite of the fact that I think China's system and police state is a serious threat to humanity.
It would not shock me much if the CIA did this. It would shock me if everyone out-of-hand believed it was more likely than not that they did this despite not a shred of evidence, or in the vast majority of cases didn't even look for any evidence, or cared about there being evidence, or even read anything related to the situation beyond a condensed title or a comment from someone who also read nothing but the title. It's intellectual laziness. Not that prosecuting a leaker is a high-stakes social issue, but future issues may arise where such a poor approach to epistemology could pose a great threat to our country or world. This thread so far is only a hair's width better than an InfoWars comment section.
> Neither, because they're both contrived strawman scenarios
Except that the first scenario isn't a strawman, or even contrived: it's exactly what the CIA/FBI/prosecution is telling us to believe.
While the second scenario certainly smacks of "conspiracy theory", it's trivially doable by the agencies in question, who have motive to do so, and incredibly difficult for the defense to even allege, let alone gather evidence to support. I absolutely agree with and am sympathetic to the idea that this is just conspiracy theory nonsense, but... would anyone really be surprised if it were true? I certainly wouldn't be.
No, it isn't. It is if you were to quickly skim the NYT article, perhaps, but that's not the actual story. The real story is in the court documents.
This database is decades old.
The government has people clearly capable of torturing actual living children in Guantanamo Bay, so I doubt they will have trouble finding someone capable of planting a picture taken in the 1960s.
Could you show how you know they're still storing the photos, and not just the hashes?
>The government has people clearly capable of torturing actual living children in Guantanamo Bay, so I doubt they will have trouble finding someone capable of planting a picture taken in the 1960s.
Unless you're talking about cases of formally government-sanctioned raping of children by adults, I don't think this analogy works.
I could also say that any organization fine with assassinating people in cold blood would be fine with planting child pornography on someone's computer, and there may be some superficial logic to that, but I think it's completely false. I think there are millions of people who wouldn't lose a wink of sleep over assassinating someone in cold blood, but wouldn't be able to live with themselves if forced to acquire and plant images and videos of children being raped so that a political prisoner could be falsely convicted.
Of course, with any intelligence agency (and the FBI), one's prior for anything like that happening is much, much higher than average. I definitely believe they could've wanted to do such a thing and could have done it. But even with that prior, it's still a big claim, and it requires at least a little evidence. Ideally big evidence; not no evidence, and especially not nothing to even refute the comprehensive evidence and logs the FBI has laid out over hundreds of publicly released pages, and probably hundreds or thousands of more pages that we're not (yet) privy to.
Why?
I think if there are millions of people who can justify assassination for their country/ideology, they'll be able to justify planting child pornography too. They'll just look away from the pictures themselves, just like they've looked away from every single other atrocity committed in their name. It's not like they have to pull a trigger: they have to print out some paper, stick it an envelope without looking while repeating to themselves "I wasn't the one who took the pictures" (if they even get that far in their thought process), and go about their business framing someone. It's even easier if they work in tech because they probably don't even have to open the file. Just grab ten thousand binary blobs from the database and thats it. One will be enough! Then they'll go home to their children, look them in the eyes, and forget all about it.
Perhaps I'm just too cynical.
By the way, in both cases, the person who makes the decision genuinely believes, probably on wrong information, that the person they are entrapping is evil and they just lack the right evidence
So I don’t buy the argument that they would lose they sleep over what they did.
Even supposing what you say is true, why does it become unlikely that there's a disjoint set of people (sizeable enough to assume that some work for some law enforcement agency) who wouldn't blink an eye at doing the latter thing, if they truly believed it was for the good and safety of their country? I think there are absolutely people like that, and suggesting that there aren't feels incredibly naive.
The probability of a few people acting independently is a lot higher, but I think still low. And whether it's low or high, you still need evidence. Any evidence. For example, evidence that they may have doctored chat logs.
Society is peaceful because rough men stand ready to do violence in the night in its name. They can judge me, but I did the right thing.
Plant the drive, Dave.
I think Nazi Germany should have been enough proof that humans are perfectly happy to do anything to support their side. Planting CP to target political prisoners is nothing compared to what the Nazis and various other regimes have done. What makes you think the humans in this place are any different?
Which part of that indicates they respect due process?
Also, is torturing any better if the people are guilty? One of the many problems with torture is you can never know if they're innocent or guilty, in addition to the fact that even torturing guilty people is unethical. Unless you're alleging the CIA tortured people who they knew to be innocent, or who they knew were very likely innocent, which is a much more severe allegation. If you had evidence of them doing that within the past decade, my prior for their planting child pornography would increase by a lot, absolutely.
Do you really believe that a huge organisation that has plenty of people that are fine with illegally assassinating people, kidnapping people and torturing them, lying to Congress, etc. would have any moral issue with planting some images on a suspect’s hard drive?
These are very much “ends justify the means” kinds of people.
There is plenty of precedent too. One of the largest child abuse web sites on the dark web was confiscated by Australian police and then they continued to run it for another year [1]. But not only that, they did indeed post additional content (that they had confiscated elsewhere I assume) to keep the site’s users believing it was running as normal!
I guarantee agencies like the CIA would have no qualms doing the same thing, or using some of those images to “help” get somebody they felt was guilty but didn’t have evidence to convict.
That’s not to say that it’s necessarily happening in this case, but I would be surprised if they hadn’t don’t it multiple times before.
1. https://www.vg.no/nyheter/utenriks/i/L8ly4/unicef-clear-viol...
At an organizational level? Yes, absolutely. I could believe a few people there taking such an action independently, but I believe it's a lot less likely the organization itself would approve it. Possible, but unlikely.
Either way, even if I thought they would have absolutely no qualms about doing it, there are still plenty of reasons not to do it (optics, etc.). And even if that weren't an issue, the onus is still on the accuser to produce at least some evidence.
>There is plenty of precedent too. One of the largest child abuse web sites on the dark web was confiscated by Australian police and then they continued to run it for another year [1]. But not only that, they did indeed post additional content (that they had confiscated elsewhere I assume) to keep the site’s users believing it was running as normal!
This is very questionable, but still a different thing.
I think if the FBI or police covered up a conspiracy theory of planted child pornography evidence, and this were found out, it would be a massive scandal that would dominate the news for months or years.
Not that I’m aware of, but they’ve done a lot worse in the past (arming opposition to democratically elected governments, then turning against them later; drugging people without their consent or knowledge; etc) so its not particularly crazy to think that they’re willing or capable to do such things.
Not the CIA, but should be close enough.
They have the power to do that sort of thing. They would have a clear motive to do it. It’s not any different from the regular business-as-usual sort of thing they get up to. What reason would I have trust this?
You are perfectly normal to be suspicious of the actions of the CIA, and some of the theories are likely to be true, but that was not the point I was making.
What you have is a conspiracy hypothesis not theory. "It is unlikely" is not enough, you gotta dig a bit deeper and find information that backs up motive ,methods and timeline after which you can try to independently corroborate that information to show it as fact
He kept the porn in an encrypted partition with the password on his phone, which the Feds had access to. They also have transcripts of his messages with child porn forum members. It's detailed in this FBI affidavit:
https://www.courtlistener.com/recap/gov.uscourts.nysd.480183...
Strong warning: the details re the porn are extremely disturbing.
IMHO, the CIA leak is the least of his troubles.
Every single word of that was true.
https://twitter.com/emptywheel/status/1121882678725357570
complaint at https://www.courtlistener.com/recap/gov.uscourts.nysd.513783...
btw, the One True Answer is apparently:
>I lost time mentoring and teaching my youngest brother programming as he attends college and most likely learns the wrong way to align braces and indent (the correct answer of tabs v. spaces is actually to use tabs but have the tabs insert spaces instead of \t).
So... spaces?
Grievances on page 16 include: "Exposure to 24/7 bright lights that cannot be turned off constitute torture and violate the 8th amendment". Page 20 (now it's typed rather than handwritten) says "No heat or A/C in cage" and "There was no heat in the building for a month from Thanksgiving to Christmas; resulted in sub 30s and formation of ice in the cell", and "Cells infested with rodents", and mentions sleep deprivation including the bright lights and "Every few hours at night COs come by with bright flash light to wake up plaintiff". Page 23 says "The United Nations considers 15 days of solitary confinement as torture—the plaintiff has spent 3 months and counting in solitary confinement, with no end date in sight". Page 23 also claims "Plaintiff is subjected to harsher conditions under "pretrial detention" than ALL convicted prisoners serving sentences under the BOP".
Some of his complaints seem trollish, but others seem serious, and if that's being done to someone who hasn't been convicted of a crime, that seems worrying.
If that's being done to someone who has been convicted of a crime, it would still be horrible. The U.S. has a constitutional prohibition against "cruel and unusual punishment" (8th Amendment), and we claim to be a country that upholds basic human rights. This is the kind of abuse our government would complain about if some other country subjected our citizens to it.
> I've lost 40lbs as my health has severely deteriorated as has my parents' as the stress, frustration, and depression have affected more than just me. I receive no dental and minimal medical treatment for my congenital heart defect. I've lost all my hair and what remains is turning gray - and all before I turned 30.
(Note that, while he didn't have much hair to begin with, court sketches do show him with gray hair[1]).
Sure, some of the complaints he presents are not super reasonable, but some of the other ones definitely are. And I believe that, if someone asked me to "write every single complaint you have about your three-years arrest", I'm not sure I would fare a lot better.
[1] https://thenypost.files.wordpress.com/2020/03/joshua-schulte...
And frankly, if he hadn't included those parts, chances are I wouldn't have seen it, or wouldn't have remembered it and wouldn't post it here. If his goal was to get more attention to the torture allegations, that probably worked.
https://www.theregister.co.uk/2020/03/09/cia_hacking_trial_v...
It seems like the CIA's opsec was bad: "It didn’t help that during the course of the trial, the CIA was found to have appalling security measures in place: multiple people used the same admin username and password to access the critical servers. Not only that, but the passwords used were weak – 123ABCdef and mysweetsummer being the main two – and on top of that, they were published on the department’s intranet."
1. https://www.courtlistener.com/recap/gov.uscourts.nysd.480183...
Basically, yeah, if you admit to the attorneys at the beginning (during "jury selection") that you'd do this, then yes, they'd use this to make sure you don't get on the jury, because you're obviously biased.
But if you lie or keep your mouth shut and get on the jury, and then during deliberations you bring this up only among other jury members that you don't believe anything the CIA says, I don't see how they can boot you from the jury at that point. Most likely, it would result in a mistrial due to hung jury.
Er... what? How is that even possible? I'm assuming that the NYT got some details wrong here.