US/CIA v. Joshua Schulte Jury Charge
https://cryptome.org/2020/03/schulte-345.pdf (63 pages) "D. Adverse Inference You heard testimony from a Government witness named Michael, who the CIA placed on enforced administrative leave in August 2019. The Government only disclosed this information to the Defendant in the course of the trial. I instruct you that the Government should have disclosed the information regarding Michaels enforced administrative leave to the Defendant sooner. In evaluating the evidence, you can decide what weight, if any, to give to the Governments conduct on this issue. You may also consider whether Michaels appearance in Court and his testimony for the Government was influenced by his being on enforced leave." "E. Law Enforcement Officials You have heard testimony from a number of law enforcement officials. The Governments law enforcement witnesses do not deserve any more or less consideration, or greater or lesser weight than that of any other witness." "F. Central Intelligence Agency Witnesses You have also heard testimony from a number of witnesses who are either currently or were previously employed by the Central Intelligence Agency, or CIA. Some of these people work directly as officers of the CIA, and some of them work as contractors performing work for the CIA. I have allowed some of these witnesses to testify either by using a made-up namea pseudonymor just their first name. The disclosure of the witnesses true names and what they look like could potentially compromise their work at the CIA. Thats why those precautions were taken; but you should weigh the testimony of those witnesses just as you would any other witness, and not weigh it differently because they testified using a pseudonym or used their first name only." "G. Bias and Hostility In connection with your evaluation of the credibility of the witnesses, you should specifically consider evidence of resentment or anger which some Government witnesses may have toward the Defendant. Evidence that a witness is biased, prejudiced, or hostile toward the Defendant requires you to view that witness testimony with caution, to weigh it with care and subject it to close and searching scrutiny."
participants (1)
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John Young