I’m catching up on @MayorofLA@ericgarcetti's answer to @reporterclaudia's question re: Judge Carter, and Garcetti says something at the veeeeery end of his answer that's quite 👀 opening. A thread! (1/11)
On whether Carter is looking to take over, Garcetti tells @ReporterClaudia: "The court doesn't have the jurisdiction to do that at this point; in fact the case hasn't even begun."
Uh, say what now? 🤔 (2/11)
Contrary to what @MayorofLA said, the case has, in fact, begun. It began in March 2020. But as the rest of his comment indicates, what Garcetti probably actually meant is there is no consent decree or settlement in place giving Carter control of homeless services in LA. (3/11)
So is this the city's version of a legal brief? Because this is EXACTLY the issue Carter ordered lawyers to brief by the 16th. Should the judge cancel the briefings because Garcetti already figured out the answer? (4/11)
Probably not, because as Carter's order from Sunday states, what about Brown v. Board of Education? Look what U.S. District Judge Frank Johnson Jr. did in Alabama in wake of that ruling. nyti.ms/3cG8t8K (5/11)
With all the attention Carter's Sunday order got (an @AP story went everywhere) and its invitation for third-party briefing, I expect many briefs on this quite fascinating issue. But on the surface, it doesn't take a Harvard law degree to tell what prompted this. (6/11)
Carter ran into bureaucratic pushback while helping @goskidrowgo, @mean2greenstrz etc. get tents up for homeless women last week. He and @kdeleon ended up getting a few women into hotel rooms themselves. Then comes the order, and it doesn’t just cite Brown v. Board. (7/11)
Carter’s more focused on Brown v. Plata from 2011, which affirmed a trial court order to reduce California’s prison population and pretty clearly contradicts Garcetti's idea that there's no jurisdiction for Carter here unless there's a settlement. en.m.wikipedia.org/wiki/Brown_v._… (8/11)
As I said, lawyers across the country are watching this. And it isn't just your expected liberal groups. Conservative commentator and lawyer @HughHewitt, who actually goes way back with Carter, has taken an interest and alerted other groups who might want to weigh in. (9/11)
I'm also hearing the already-involved groups could be enlisting some major BigLaw heavyweights. So stay tuned for these briefs! Meanwhile, tomorrow's hearing at the Downtown Women's Center is of course still on, and Councilman @mikebonin is now pushing a consent decree. (10/11)
I earlier today tweeted Carter's new order with nine questions for tomorrow. I'll be covering the hearing, so you can follow along here. In the meantime, good night! 💤 (11/11)
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Ok I’m here at the Downtown Women’s Center on Skid Row for the 10 am hearing with Judge Carter. It looks like we’ll be in this tent. Tight limits on attendance, apparently. I’ll tweet updates on this thread right here. 🧵
We’ve got a couple federal marshals here making their presence known, but everything is very calm right now. The gate to the lot is closed and Judge Carter and special master @Michele714 are getting ready.
Judge Carter visiting with several people including @abales, plaintiff’s attorney Elizabeth Mitchell and @hughhewitt, who goes so far back with Carter he remembers being thrown out of his courtroom 25 years ago.
Alright we are back in OC Superior for day what is it, five? of the @PIMCO founder Bill Gross restraining order hearing. You can watch online here: We're back tomorrow at 1:30, then all day Thursday.
Back on the stand is Efrain Alba, Gross' property manager. His full-time job is to take care of Gross' mansion in Laguna Beach. 8 a.m. to 4 p.m., Monday through Friday. Sounds like a good gig! Apparently we're also going to hear today from Rob Giem, Gross' realtor.
Mask patrol: "Mr. Gross, I'm gong to ask you to please place your mask back over your nose and mouth," Judge Knill just now.
INBOX: Looks like @PIMCO founder Bill Gross knows the restraining order hearing hasn’t been going all that well for him. He just issued “an open letter from Bill Gross” that calls for an end to his legal case and donations of legal fees to food banks etc prnewswire.com/news-releases/…
Gross acknowledges his taste in a “theme song to a 1960s sitcom.” “I want nothing more than to be a good neighbor, even if it means revising my choice in music.” But will he turn his music down? Doesn’t say!
One way to sum this up: A billionaire (with a B!) is putting forth the bold idea of donating some bucks to pandemic-related charities if the neighbor he’s accused of harassing drops his court case.
ICYMI: I looked at Orange County’s homeless situation for @latimes/@TheDailyPilot’s Sunday Times OC, specifically Santa Ana’s current lawsuit over jail releases.
My reporting introduced me to Vaskin Koshkerian of the volunteer group Micah’s Way. With his RV stationed outside the jail most nights, he tries to help newly released inmates navigate the outside world. That’s put him on the front lines of the legal saga. lat.ms/37Dqct4
The OC situation is getting heightened attention right now with Judge Carter’s work in Los Angeles. In the debate over @BobBlumenfield’s anti-camping ordinance, @MikeBoninLA cites Carter’s OC work as a model for what LA could do i.e. move people into housing with no arrests.
I’m here at the OC federal building, and it turns out Michael Avenatti will *not* be here in person for the 9 am pre-trial hearing. “We decided to play it safe,” his lawyer Dean Steward told me in the hallway just now, referring to covid19. #housearrest
Court clerk observes: “I think the government needs to invest in a barber.”
“Until we get to the orange tier, I’m not cutting,” Prosecutor Brett Sagel says.
Sagel asks Steward about Avenatti, and Steward says he’ll be on the phone.
Sagel is arguing against severance first. At issue is NFL settlement theft. Selna tentatively is allowing it to be mentioned in the client theft counts, but Sagel says it’s intertwined with the bankruptcy fraud, too, because Avenatti hid it from bankruptcy court.
Six months into his covid-related home confinement, Michael Avenatti is set to be in federal court in OC Monday for a pre-trial hearing in his 36-count criminal case. Judge Selna typically issues tentative rulings before his motion hearings, and Avenatti's case is no exception.
Selna issued his tentative tonight, ruling on everything from severing the counts to @USAO_LosAngeles's bid to tell jurors of misconduct not included in the indictment such as perjury in judgment debtor exams and embezzling client money from a settlement with @NFL.
It's a mixed bag for Avenatti and prosecutors. Selna unsurprisingly granted motion to sever the counts, which means two trials, one for client theft charges and another for the tax and bankruptcy fraud charges. (Unless Avenatti takes a plea deal, which is still totally possible.)