Thread by @innercitypress

Avenatti's lawyer: Mr. Auerback, you transmitted the memo to Mr. Avenatti, & discussed it with him on March 5, correct?
Auerbach: On March 18.
Avenatti's lawyer: You wanted to help Coach Franklin in his problems with Nike, correct?
Auerbach: With the 2 executives

Back in Avenatti trial, Judge Gardephe appears frustrated with Avenatti's lawyer (neither Srebnick), says "What's relevant is what Mr Auerbach said to Franklin, not what he said to the US Attorney's Office. Do you understand me?"

Avenatti's lawyer: So you told Mr Franklin that the big question is why the DOJ has not indicted people from Nike like they have with Adidas?
Auerbach: Yes...
Avenatti's lawyer: You told him about lighting the fuse in the scandal
Auerback: I didn't use that term

Back in Avenatti trial, cross examination of Auerbach is *still* going on:
Avenatti's lawyer: Did you ever tell Mr Avenatti not to share that document?
Auerbach: It was implicit.

Avenatti's lawyer: How did you think Mr. Avenatti could answer these questions--
AUSA Sobelman stands up, and before he says anything
Judge Gardephe: Sustained.
Avenatti's lawyer: To get factual answers you need to investigate, correct?
Auerbach: I guess

Judge Gardephe: We're at 1 pm so we're going to take our luncheon recess. Keep an open mind and be back here at 2 o'clock.
Full disclosure: Stories later; Inner City Press on way to Brooklyn for 3 pm radio interview: blackstarnews.com/education/educ…

Back in Avenatti trial (whew!) its re-direct examination of Auerbach by AUSA Sobelman:
Sobelman: Did Mr. Avenatti ever say he would get $20 million for Mr. Franklin?
Auerbach: Never

AUSA Sobelman: At any point did the defendant tell you he was confused about Gary Franklin's goals?
Auerbach: Never.
AUSA Sobelman: No further questions, Your Honor.

Avenatti's lawyer with, yes, re-cross (which in the US v. Schulte case Judge Crotty denied to Schulte's lawyer Shroff): Mr. Auerbach, take a look at this text message. Can you read it?
Auerbach: Can you make it a little bigger?

Avenatti's lawyer: Please highlight, "We will appeal to their sense of justice and duty." You said it referred to Nike but now you say it also applies to whoever you were seeking representation from?
Auerbach: It could...

AUSA Sobelman: Your Honor, we think it's at best ambiguous.
Lawyers going forward for a whispered sidebar.

Auerbach: There's a time difference between these two text messages, maybe Gary and I had a conversation in between them.
Avenatti's lawyer: But this statement applies to the lawyer you were going to hire, not to Nike, correct?
Auerbach: It applies to both

Avenatti's lawyer: But here, it referred to Avenatti, not Nike, and your initial testimony was incorrect?
Auerbach: In this case... but it still applies to both.
Judge Gardephe: Does this referring to prospective lawyers?
Auerbach (after a time) I can't recall.

Avenatti's lawyer: March 25, when you sent this CNN text, Mr. Avenatti called you, right?
Auerbach: He called me after he got arrested.
Avenatti's lawyer: OK, no further questions.
Judge Gardephe: That concludes the evidence for today. See you tomorrow.

Judge Gardephe: Anything else?
AUSA Sobelman: Yes. The defendant is extremely loud, hopping up from the table, contradicting the testimony. I leave it to the court how to deal with it.
Judge Gardephe: I haven't heard anything.

Judge Gardephe: But this is an issue that came up before. I will ask Mr. Avenatti's lawyers to speak to him. I'll have to pay more attention to the defense table. We can't have the jury hearing exchanges between Mr. Avenatti & his attorney. I'll have to intervene

Now Avenatti speaks! "I'll be conscious of my voice. I have a lot at stake, everyone knows that."
Judge Gardephe: So Gary Franklin is the next witness?
AUSA: No... and then the office manager.
Judge Gardephe: Are we on schedule?
AUSA: No. The crosses are long

Judge Gardephe: Are we behind schedule?
AUSA: We are endeavoring to finish our case by the end of this week. If more cross, then next week. Mr Wilson was the longest direct, Mr Auerbach the second longest.

Scott Srebnick: We will be filing something this evening about the office manager.
Judge Gardephe: Please do it be 9 o'clock.
[State of the Union.]
AUSA Sobelman: We have streamlined the office manager.

AUSA Sobelman: She will talk about the law office being in debt. Not the amount. Not even an estimate.
Scott Srebnick: The filing tonight will address issues we've learned more about since our last filing, on payroll and health insurance. It's about timing.

Judge Gardephe: Get me the letter by 9 pm. Now I have another matter, I need you to clear the tables.
Story soon - on Avenatti being called loud, and speaking for himself in court.