More for what’s likely to go on inside the court for the Michael Cohen proceedings today than outside.
Look out for the live-feed soon and read the story below. 🔽
Michael Avenatti has pro hac vice and intervention motions pending.
"Pro hac vice" = "for the occasion," as in to appear in federal court here, rather than California, where he's licensed.
Trump and the Trump Organization have been granted intervention so far.
Now, Avenatti wants it to be Stormy's turn.
Here, retired federal judge Barbara Jones is the special master in charge of sifting through the files seized in the FBI raid of Cohen's properties for attorney-client privileged materials.
Roughly 30 minutes to go before we begin.
Nice jobs.
"It is understood by all the parties... that the special master will not conduct a review of all material for responsiveness."
Responsiveness: Relevance to the underlying warrant/probe.
They wanted Jones to assess privilege and privilege alone. Of course, she's now also assessing whether the files are "highly personal" too.
Judge Wood: Good morning, please have a seat.
Introductions.
Prosecutor: Government completed its rolling production, except for two things: Blackberrys and the "contents of a shredding machine"
They've gone through 1.3 million of them.
"We've also received 19 digital media devices, hard drives, thumb drives, [stuff] like that."
Wood: Let me hear from the gov't about the reasonableness of the proposed deadline.
Prosecutor Rachel Maimin says that Cohen's attorney's proposal is an "unreasonable delay."
"It sounds like we may have to revert to the taint team," she says.
Harrison: "We're moving heaven and earth."
Employee developed a "tremor in his hand" from lack of sleep. Worked over the long weekend. Sleeping in the office, he says.
Wood asks how many lawyers are working on this.
Harrison: 15, your honor
AUSA Maimin pivots back to the two BlackBerrys and the contents of the shredder.
Prosecutor Maimin says that she just learned that, and she may go to her with help in opening them.
Avenatti's up.
(It may not be necessary, he says.)
Part of that involves the audio recordings between Stormy Daniels and her ex-attorney Davidson.
"From what I've been told there are other recordings" between Cohen and Davidson related to privileged information about Daniels.
Wood: It seems to me you have no standing to make these points unless you want to intervene.
Referring to Avenatti's disclosures in the report on Cohen, Avenatti says: "There's been no linkage between that information and this proceeding."
"Your honor's been on the bench for a very, very long time," he notes.
It's not her first high-profile case, either, he adds.
Wood says granting Avenatti's motion would not give him the "roving" ability to comment on whatever he'd like. Just this matter.
Avenatti says he'd put court at ease about expenses.
He calls that alleged act "entirely reckless and improper."
Notes that Avenatti disclosed information about another Cohen. (The Canadian one.)
"If you want to know about leaks to the media," Ryan says that Avenatti leaked to print and TV outlets that cay.
"It was a premeditated drive-by shooting of my client's rights."
He refers to Avenatti's 170 appearances on TV.
"I am unaware of any release of an audio file of this kind."
"We're not squabbling children."
"Who knows what's gonna trick out next week," he adds later.
Requests the court take matter under advisement.
And there's no connection between that and this matter.
"We haven't been contacted by the Inspector General." Nor the Treasury Department. Nor the Justice Department.
"In my view, this matter which is a potential precursor to a criminal trial against Mr. Cohen if charges are filed..." which she says means Avenatti would have to stop doing much of what he's been doing.
She says no more "publicity tour," which she says she does not mean in a "derogatory" way.
Avenatti says that his concerns have been confirmed because Mr. Ryan said there were recordings "under lock & key."
"We're burning money in a rate that candidly, I don't think that I can even increase."
Wood says that she can turn the matter over to the taint team, if that's the issue.
And Jones can keep up in a way that Team Cohen cannot, Wood says.
Ryan says he needs more than the June 15th deadline.
"I know that your honor is keen to keep us on a fast-track," she says.
"When I came into the courthouse this morning, there was a podium with eight microphones," she said.
Nobody asked to interview her when she walked in, she notes.
"Mr. Trump had adequate notice of my pro hac vice motion," he notes, adding that the president didn't file anything.
Avenatti slams "palpable" irony that Trump has had his own "fair share of bankruptcies over the year" and also uses Twitter.
Typo
Her exhibit is marked Intervenor Exhibit #3, and it is received.
No ruling on either of his pending motions. Hearing adjourned.
(Newspeak for "to come.")
My colleague @FRIED_ALIVE says that Avenatti "darted off" pursued by cameras.
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