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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 Judge Gardephe suggests to government that it disclose who it says the co-conspirators are, to moot out one of Avenatti's motions
@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's lawyer says the case is complex, including the application of the extortion statute; he says he is going to issue a subpoena to #Nike for evidence
@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 Judge Gardephe says its really up to the government to whom it gives immunity with, he says, possible some limited exceptions. Gardephe loves this stuff - he recently ruled the night before an immigration hearing: innercitypress.com/sdny1gardephek…
@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 says he wants to question his counterparts at Boies Schiller about bias as witness; says that Avenatti's requested "fee" was in fact low
@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.
@sdnylive @MatthewLeeICP @darrenrovell @DanWetzel @PeteThamel Srebnick with the rare correct pronunciation, Giglio material is pronounced "Jill-ee-oh." So far Srebnick has taken up 85% of the speaking time. For what it's worth.
@sdnylive @MatthewLeeICP @darrenrovell @DanWetzel @PeteThamel It's over, this Avenatti / Nike status conference. The upshot? There will be letters. Story soon on InnerCityPress.com
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