Avenatti in Nike case is before SDNY Judge Gardephe, he's asked to dismiss the case citing selective prosecution, etc. His lawyer now whispering with AUSA Richenthal who prosecuted Patrick Ho (and Ng Lap Seng) for UN bribery - @SDNYLIVE thread
@sdnylive@MatthewLeeICP@darrenrovell@DanWetzel@PeteThamel AUSA complains that the government has not received any reciprocal discovery from Avenatti. Courtroom gallery less than half full. Avenatti's stock is going down, it seems - as least as gauged by media interest
@sdnylive@MatthewLeeICP@darrenrovell@DanWetzel@PeteThamel Avenatti wants to know what Judge Gardephe's position is on ex parte subpoenas. Says he doesn't want to reveal his trial strategy here. Predicts "significant motions in limine practice here," and litigation about Fifth Amendment privilege
@sdnylive@MatthewLeeICP@darrenrovell@DanWetzel@PeteThamel Avenatti's lawyer Scott Srebnick says to prove that Coach Franklin had a claim against Nike that Avenatti was legitimately pursuing, he's going to subpoena people. So he wants Avenatti's trial pushed back
@sdnylive@MatthewLeeICP@darrenrovell@DanWetzel@PeteThamel Avenatti's lawyer Srebnick is asking to put things back two months to January. Adds that since AUSA Richenthal has a trial - which one? - starting January 21, maybe Avenatti's trial should be pushed even further back.
@sdnylive@MatthewLeeICP@darrenrovell@DanWetzel@PeteThamel Judge Gardephe asks Avenatti's lawyer to "tee up the subpoena issues sooner rather than later." Says, "As to the assertion of the Fifth Amendment in front of the jury, that would be a first for me, you have an uphill battle" to convince me.
@sdnylive@MatthewLeeICP@darrenrovell@DanWetzel@PeteThamel US Attorney's office calls Avenatti's arguments "speculative." Judge Gardephe is asking for Team Avenatti's letter on this in a week, the government's in two weeks. Srebnick still punching, wants to file ex parte with Gardephe with trial strategy in them.
OK - now Jane Doe v. Pamela Bondi in DC Circuit Court of Appeals, Inner City Press is covering a similar case in SDNY and will live tweet, thread here
DOJ lawyer: This Bureau of Prisons determination is not reviewable-
Q: But isn't it the determination of the President, in the Executive Order?
DOJ lawyer: The plaintiffs' position is not clear. The designations are in place
Q: There's someone not designated
Q: If they are saying there is nothing that could be done at a male facility that would remedy the Constitutional injury, doesn't that satisfy exhaustion?
DOJ lawyer: Booth says "some relief" - they seek to halt the transfers
OK - now at Lisa Cook v. Trump, seeking temporary restraining order against being removed from Federal Reserve Board for listing two residences as primary. Inner City Press covers the Fed (and courts) and will live tweet, thread below
[Programming note: the listed public access number for Cook v. Trump, after saying "Welcome to a Cisco meeting" & entering call ID - immediately hangs up. Or once said, "The meeting is over." They should have put audio on YouTube like DC Circuit. Will keep trying
[Finally got in]
Judge Cobb: Is it your position that Governor Cook is like an employee, with a property interest in the position, unlike an elected official? This is a unique position, it's not a Government employee--
OK - now in Chinese fentanyl case after trial, sentencing of Yiyi Chen. Inner City Press covered the trial (and post-trial, MDC photo defendant docketed last night below) and will live tweet, thread below innercitypress.com/sdny102rgardep…
[Sentencing proceeding was to start at 11:15 pm, but deputy said defendant Yiyi Chen, en route from MDC jail, was ten minute out. Now she's brought in by US Marshal, hair long.]
All rise!
Judge Gardephe: We are here for sentencing. I have read the PSR [sealed]
Judge: Late last night Mr. Kirton filed a submission [with photos] from the MDC
OK - now case about Alligator Alcatraz and detainees' access to lawyers there - Inner City Press will live tweet, thread below
[Trump Verdict book: amazon.com/Trump-Trial-Ma…
DOJ lawyer: All they are requesting in Count 5 is to identity which immigration court has jurisdiction over Alligator Alcatraz-
Judge Rodolfo Ruiz: I want to make sure that it is the government's decision to allocate the immigration decisions is permanent
[From the docket: US "designated Krome North Service Processing Center as the immigration court with administrative responsibility over Alligator Alcatraz detention facility. EOIR published this designation on its official public website: justice.gov/eoir/immigrati…
OK - now DC's lawsuit against Federal takeover of police, DDC Judge Ana Reyes asking how it would work. Inner City Press will live tweet, thread below
Judge Reyes: It can't be that the President can say, Mayor, the entire MDC has to do what I or any other Federal agency says.
DOJ lawyer: I think the statute is broad and not subject to judicial review
Judge Reyes: Why doesn't the Executive Order just track the language of the statute?
DOJ lawyer: If there's an issue with the writing of the Executive Order -
Judge Reyes: There is an issue
DOJ lawyer: A Temporary Restraining Order is not the right remedy
9:18 am
At defense table, Storm's lawyers Klein, Patton and Axel. Prosecutors' table is empty, like courtroom gallery. Updates in this thread as jury notes emerge: questions - and verdict? Book 2 90% ready to go. Watch this feed
9:35 am
All rise!
Judge Failla: The jury has sent us a note: Despite progress yesterday, and four days of deliberations, we are deadlocked on some -
What do the parties want me to answer?
AUSA Arad: We would like an Allen charge [telling the jury to try again