US/CIA v. Joshua Schulte Jury Charge

[John Young]

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 Michael’s enforced 
administrative leave to the Defendant sooner.

In evaluating the evidence, you can decide what 
weight, if any, to give to the Government’s 
conduct on this issue. You may also consider 
whether Michael’s 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 Government’s 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. That’s 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."