Thread by @innercitypress

OK - US v. Avenatti, Day 9 of #Nike extortion trial, Judge Gardephe ruling on the (many) weekend filings patreon.com/posts/33854732 Inner City Press will live tweet as much as possible - thread

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Judge Gardephe rules that Avenatti could be cross examined about Stormy D, if he takes the stand. AUSA says Avenatti's 2 am filing about denied exhibits can be addressed later. Jury still not in - Judge Gardephe jousting with Scott Srebnick

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Avenatti's lawyer want the jury to hear that Avon spent over $90 million for an internal investigation, citing Foreign Corrupt Practices Act. Judge Gardephe to Scott Srebnick: "I don't see how any of this is relevant."

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Judge Gardephe is excluding Avon, etc..
To AUSA Sobelman, Judge Gardephe demands, "What does the text message say? Or does it say anything at all?"
To Scott Srebnick, Judge Gardephe: "Isn't Geragos' collaboration already in evidence by presence at the meeting?"

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Judge Gardephe says the Siemens case (Siemens spent more than a billion dollars) bears no relevance here.
AUSA Podolsky (and he was the one addressed before) sits down - seems he's winning most of these skirmishes before Judge Gardephe. Jury still not in

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Avenatti's lawyers want in evidence that Geragos has a "mock trial" for another client, says it rebuts the idea that Geragos was pulling away from "the Nike matter."
Judge Geragos: "We'll leave in the 'mock.'"
[Not seen at US table: Dan Richenthal.] Jury in.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer US witness: Jeremy Rosenman who work at SDNY US Attorney, as Special Agent.
Apparently his function is to get records into evidence. Many of these exhibits are not being made available, yet - unlike in CIA Schulte case, after Press advocacy

https://twitter.com/big_cases/status/1221840965327032323?s=19

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer In Avenatti trial, update: AUSA Richenthal back in the chair. AUSA Podolsky is questioning Rosenman, on the contents of Avenatti's briefcase when he was arrested outside Boies Schiller in Hudson Yards.
AUSA: What is this?
A: Email from Mr. Avenatti to Mr. Geragos.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer AUSA Podolsky: So Mr Kaplan wrote to Mr Geragos, "I just woke up and saw this," and Mr. Geragos sent it to Mr Avenatti?
Rosenman: Yes.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Meanwhile: "Defendant has served Rule l 7(c) subpoenas on DeBose, Slusher, & Kaplan... The witnesses have all moved to quash. (See DeBose Br. (Dkt. 226); Feb. 7, 2020 Slusher Ltr. (Dkt. 246); Feb. 7, 2020 Kaplan Ltr. (Dkt. 247)) The motions to quash are granted"

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer AUSA Podolsky: You see that Avenatti wrote, "With March Madness, the timing could not be better"?
Rosenman: Yes.
AUSA Podolsky: And you see Mr. Avenatti writes "LOL"?
Rosenman: Yes.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer AUSA Podolsky: He writes, Call me immediately, the FBI just showed up at my client's house.
Rosenman: Yes. & now tweet by Mr. Avenatti: Tomorrow at 11 am, a press conference about Nike.
AUSA Podolsky: And that's right after his call to Rebecca Ruiz [NYT].
A: Yes.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Cross examination by Avenatti's lawyer Danya Perry:
"Mr Rosenman, did you capture all the phone calls between Mr. Avenatti, Coach Franklin and Mr. Geragos?"
Rosenman: Based on the phone records I was given.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Avenatti's lawyer Perry: Your chart did not summarize all calls?
A: It did not.
Q: And you only look at cellphone records, and not landline, correct?
A: That's right.
Perry: No further questions.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Judge Gardephe: Does the government have any addition evidence?
AUSA Podolsky: We'd like to take a short break.
Judge Gardephe: OK. Ladies and gentlemen of the jury, please do not discuss the case.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Judge Gardephe is still out. AUSA Dan Richenthal says, "We're revising stipulations in real time. Which ultimately is more efficient." The two sides are huddling over binders.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Judge Gardephe and the jury are back. AUSA Richenthal offers two stipulations. They are admitted: the first concerns California Bar Exam, "which includes questions on ethics and Professional Responsibility and has since at least 2000." Also on MPRE.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Also admitted: Stipulation about security camera video from lobby of 10 Hudson Yards. Now AUSA Sobelman putting in stipulation about Avenatti's Apple MacBook Pro

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer And that's it - Judge Gardephe tells the jurors they can leave for the day, and that they'll hear closing arguments tomorrow. "Have a pleasant afternoon and evening." Stories soon patreon.com/posts/33854732

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer With jury gone, Avenatti lawyer Scott Srebnick: "Now that all of the evidence has been heard," we are moving under Rule 29 to dismiss all three counts.
Judge Gardephe has "reserved judgment" on Howard Srebnick's arguments to dismiss the extortion counts, 1 & 2.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Scott Srebnick asked that all three counts be dismissed as unconstitutionally vague. Zeroes in on "honest services" count 3. "Avenatti told Coach Franklin he'd try to get him $1 million, get Debose and James fired, and get him whistleblower protection."

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Judge Gardephe: "Mr Avenatti, have you consulted with your attorneys on your decision not to testify?"
Avenatti: In light of the court's previous rulings...
So, no.
Stories soon patreon.com/posts/33854732

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Judge Gardephe reacting to Avenatti's lawyers' letter listing the exhibits Judge Gardephe denied admission of during cross examination of Gary Franklin, says he against denies them.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Scott Srebnick still wants them in appellate record.
Judge Gardephe: Sent them to me, I'll docket them under seal.
Srebnick hands them up, & copy to government.
Judge Gardephe reads out the 22 exhibit numbers in Srebnick's letter Inner City Press already covered

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer A note: In covering this Avenatti trial as well as CIA leaks trial, & the UN, I've ignored absurd demands for coverage from a cretan in Crete, without blocking. But it seems the UN coverage bothers him. So he'd been relieved of it. OK- now the charging conference.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Judge Gardephe: So we'll go through the draft charge page by page. Who has the first comment?
Howard Srebnick: I would propose to add, If you don't believe that a witness says, you have the option to believe the opposite.
Judge Gardephe: That doesn't belong here.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer AUSA Sobelman: On page 10, we'd suggest adding "to the extent they shed light on Auerback's and / or Franklin's states of mind."
Judge Gardephe: The defense has not problem with it? Fine.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Howard Srebnick: We'd prefer the jury be told that Mr. Geragos was not charged with any crime.
Judge Gardephe: Others not being charged is irrelevant.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer AUSA Richenthal: We would propse it say To injury the reputation or cause harm, as stated in the indictment --
Judge Gardephe: I have the indictment in front of me, I don't need you to read it to me.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Scott Srebnick: I'm not sure if threatening to take $10 billion off a company's market cap is "property" under Sec 875
AUSA Richenthal: I don't know if Mr. Srebnick is serious, but if so we can brief it. Yes, $10 billion is harm, and companies own their own stock

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Judge Gardephe: I didn't know the defense theory is that threatening to take $10 billion off market cap would not injure Nike... I'm going to add the statutory quote, "property or reputation."

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @LvilleSprtsLive @WashTimes @newsobserver @dcexaminer Programming note: the US v. Avenatti charging conference just ended now at 7:10 pm. Will be preparing a story about it patreon.com/MatthewRussell…