CaGade20-rr-0028640APAC DOnourEaisaa Fieeoa2Z2e?1 Pafageoct 26 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK oo a teen nee nennenececenoeumeneecenenennneneeeeee xX UNITED STATES OF AMERICA, -V- : $3 17 Cr. 548 (PAC) JOSHUA ADAM SCHULTE, OPINION & ORDER Defendant. oo ee ene eee ce ce neuaneneenenenenenencenee 4 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 (“JSSA”), 28 U.S.C. § 1861 et seg. For the reasons set forth below, Schulte’s motion is DENIED. DOJ-OGR-00002822