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Minor convictions for ex-CIA coder in hacking tools case
A former CIA software engineer accused of stealing a massive trove of the agency's hacking tools and handing it over to WikiLeaks was convicted of only minor charges Monday, after a jury deadlocked on the more serious espionage counts against him.
Joshua Schulte, who worked as a coder at the agency's headquarters in Langley, Virginia, was convicted by a jury of contempt of court and making false statements after a four-week trial in Manhattan federal court that offered an unusual window into the CIA's digital sleuthing and the team that designs computer code to spy on foreign adversaries.
After deliberating since last week, the jury was unable to reach a verdict on the more significant charges. They had notified U.S. District Judge Paul A. Crotty on Friday that they had reached consensus on two counts, but were unable to reach a verdict on eight others.
Previously: Suspect Identified in C.I.A. Leak was Charged, but Not for the Breach
(Score: 1, Interesting) by Anonymous Coward on Wednesday March 11 2020, @12:09AM
What is the legal distinction between making something public and giving it to foreign powers? In my mind they are in no way the same. But I can't think of a specific precedent or legal doctrine that makes them distinct. The first amendment doesn't cover restricted speech, but outing a crime perpetrated by the state has never been restricted speech. Well, at least not since 1861. CIA == CSA? Who knew?
So in any case where the defendant could reasonably argue that the CIA violated posse commatatus, then they could argue that they weren't working against the U.S., they were in fact working for it. The claim of espionage cuts both ways if the CIA was using the software in operations on domestic soil. Which... Lets face it, there is virtually no possibility they aren't.
The most applicable precedent I can think of would be the area 51 toxic waste case, which the fed lost.