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 in Trump Trial "Sandoval" hearing, Part 59, seated 30 feet behind Trump. This hearing will be about what the prosecutors want to ask Trump if he testifies. Inner City Press wrote book on Carroll trial & will live tweet, thread belowamazon.com/dp/B0CTFPXKGM
All rise!
Prosecutor Hoffinger: Before the Sandoval hearing, we move to seal four exhibits, including Michael Cohen's contacts.
Trump's lawyer Bove: PII, fine. But they are trying to seal trial exhibits.
[There's a loud banging, unexplained]
Justice Merchan: Sit down. I'm signing the order.
Trump's lawyer Bove: We object to the People raising the issues in their Sandoval notice. They start with Judge Engoran's findings. They cannot be used to cross examine President Trump should he testify
OK - #TrumpTrial Day 4 - and last? - of jury selection, amid issues of what can or should be reported: not jurors' place of employment, but political links? Inner City Press wrote the book on Carroll v Trump & will live tweet, thread belowamazon.com/dp/B0CTFPXKGM
All rise!
Clerk: This is the People of the State of New York against Donald J. Trump.
Justice Merchan: I'm told that all 22 jurors are already here. Any reason we cannot bring them in? We are still working on the temperature in the courtroom
[It *is* cold]
Justice Merchan: Jurors, you're to answer the questionnaire. Please begin by reading your three digit number out loud.
428 (lady) I have anxiety. I may not be able to not be emotional. People can figure out I'm here, just from not being present.
Excused
OK - now at #TrumpTrial Day 3 of jury selection, starting with 7 of 12 chosen, then alternates - Inner City Press wrote the book on Carroll v Trump (by @MatthewLeeICP @SDNYLIVE) and is live-tweeting this criminal trial, thread belowamazon.com/dp/B0CTFPXKGM
Trump come into the courtroom, blue suit and blue tie, this time. Defense lawyer Susan Necheles plugging in her laptop. Trump is, as before, between Blanche and Bove
All rise!
Clerk: This is the People of the State of New York versus Donald Trump.
Justice Merchan: Wait, do we have a court reporter? No? That's not good. We'll need to do that again. In the meantime, counsel, please approach.
[Whispered sidebar]
Trump currently sitting alone at defense table, empty seats of Todd Blanche and Emil Bove on either side of him. Susan Necheles one seat away, writing on legal pad
Now Blanche in lead defense counsel's chair, speaking animated with Trump, both raising a hand to gesticulate. Justice Merchan's chair still empty as of 9:40 am.
OK - now People of the State of NY v. Trump, Day 1 (jury selection), Inner City Press wrote the book on Carroll v. Trump and will be live tweeting this, thread belowamazon.com/dp/B0CTFPXKGM
Prosecutors are setting up at their table. The entire 15th floor of 100 Centre Street has been "locked down." Drum roll.
OK - Trump (blue suit, red tie) has arrived, and is at defense table. Stands up to change seats.
OK - now election fraud appeal in US v. Douglass Mackey a/k/a Ricky Vaughn, convicted of telling people in 2016 they could vote by text (to suppress voting), and sentenced to 7 months - still out, pending this appeal. Inner City Press will live tweet, thread below
Mackey's lawyer: All the court needs to find to decide this appeal is that it was not clear in 2016 that it was illegal to mislead people about voting. Misleading is ubiquitous in campaigns. That's why the government called this "groundbreaking"
Judge: Are you disputing that the right to vote is clearly established?
Mackey's lawyer: No.
Judge: So the government had to prove that your client knew his information was false, with the intent to suppress voting, right?
Mackey's lawyer: It's not that simple