In 2020, in the case of the C.I.A. hacker Joshua Schulte, the jury came to a deadlock and the judge declared a mistrial. Before his retrial, Schulte made the bold decision to dismiss his legal counsel. He would represent himself.
On July 13th, a jury of twelve New Yorkers returned a verdict in the trial of Joshua Schulte, the C.I.A. hacker accused of engineering the largest theft of classified information in the agency’s history. They found him guilty on all nine counts. Damian Williams, the U.S. Attorney for the Southern District of New York, who oversaw the case, described Schulte’s crime as “one of the most brazen and damaging acts of espionage” ever committed in America.
When I was writing my article on Schulte, I reviewed the full record from the first trial, and was quite surprised that the jury had failed to convict him, because the evidence against him had seemed overwhelming and unambiguous. The hung jury in that initial case was a credit to his very capable legal team, in particular the federal public defender Sabrina Shroff. Before the retrial, however, Schulte made the bold decision to dismiss his legal counsel and represent himself.
“I think Schulte really thought he was smarter than everybody,” Flores said, adding, “There was a level of arrogance.” If Schulte’s strategy had been to humanize himself, Flores continued, then it backfired with the jury. Sure, they got to know him—but they didn’t like him. A major thrust of Schulte’s defense was that the government and its witnesses did not really understand the complex technologies at issue. And it certainly came through in the testimony that the C.I.A.
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