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trials were not spared. See id. On June 8, 2020, however, the Government sought and obtained a third superseding Indictment from a grand jury sitting in the District's White Plains courthouse. (Schulte Br. at 2; Gov't Opp. Br. at 2.) The Indictment charges Schulte with nine criminal counts relating to his alleged transmission of national defense information to WikiLeaks. (ECF 405.) According to the Government, the White Plains grand jury that returned the superseding Indictment was the sole grand jury empaneled at the time. (Gov't Opp. Br. at 14.)
II. Motion to Dismiss
Schulte now moves to dismiss the Indictment on the grounds that it was unlawfully obtained in violation of (1) the Fifth Amendment's Due Process clause; (2) the Sixth Amendment's fair cross-section requirement; and (3) the JSSA. (ECF 435.) He primarily contends that the White Plains grand jury venire—from which the Indictment was obtained—did not reflect a fair cross-section of the African American and Hispanic American populations in the community. And he contends that these effects are symptomatic of the exclusionary processes that are inherent in the District's jury selection system. Relatedly, Schulte argues that the Government's decision to seek the Indictment from White Plains was improperly made.
III. The District's Jury Plan
To understand Schulte's claims, it is necessary to orient ourselves to some background knowledge of the District's jury selection process. Under the JSSA, each federal district court must "devise and place in operation a written plan for random selection of grand and petit jurors." 28 U.S.C. § 1863(a). The District's jury selection plan ("Jury Plan"), which has been in existence since 2009, provides the blueprint for the random selection of grand and petit jurors throughout the District. See Amended Plan for the Random Selection of Grand and Petit Jurors in the United States District Court for the Southern District of New York (hereinafter "Jury