Thread by @meghanncuniff

This is the big question in his California case right now - will the judge in New York extend Avenatti’s prison report date, currently set for Sept. 15? Avenatti filed his motion this morning asking to push it back to December.

Obviously this is totally out of Judge Selna’s hands. This will be decided by Judge Gardephe in the Southern District of New York, the judge who sentenced Avenatti to 30 months for the Nike extortion plot.

There’s long been friction between the two cases. Gardephe was not happy with Avenatti’s pre-trial arrest at his California State Bar hearing in January 2020 because it threw the pending Nike trial into (brief) disarray.

.@Popehat has spoken.

https://twitter.com/popehat/status/1430919642223054848

One thing Judge Selna has on his plate, however, is Avenatti’s Covid-release. Remember, his pre-trial arrest (El Chapo’s cell etc) was all California’s doing, just like his release to home confinement was. Selna during trial extended it to Sept. 3.

OK, I'm signed into Michael Avenatti's phone status conference, which is also through Zoom but with no video. Clerk is already saying too many people are on and she can't find the phone numbers she needs so they're not going to publicize the call in number next time.

Clerk: "Mr. Steward can you hear me?"
"I can, loud and clear."
"I can, too, so that's a good sign."
"We're off to a good start."
"There's so many people on here that trying to find your phone number with partial phone numbers is just ridiculous," clerk says.

"This is Judge Selna."
"Hi, judge. I'm getting them in one by one. I still need the three government attorneys and Mr. Avenatti," clerk says.

"Mr. Sagel, can you hear me?"
"I can now."
Clerk mumbles something about "trying to find everybody in all these phone numbers." (What did I tweet about yesterday? It's not the mute issue this time; it's just the sheer number of people calling in.)

(For the record, I'm signed in using my email through Zoom. Which hopefully is makes it easier to discern that I'm not one of the people who needs to be unmuted.)
Clerk is confirming w/ Sagel what the last numbers are for Wyman's number as she searches the list.

"Hello, Michael Avenatti."
Avenatti is now on the line.

Sounds like everybody's accounted for except Patrick Fitzgerald, the AUSA in charge of the taint team that reviewed Avenatti's law firm servers. (And released a bunch of new financial data mid-trial, leading to Tuesday's mistrial.)

Clerk is asking Sagel if Fitzgerald is to have a speaking role today. "It's really contingent on what the defendant" says about the process, Sagel says.

"Well, let's get started," Judge Selna says. If we need to hear from Fitzgerald, we can do it later.
Clerk calls the case. Everyone making appearances now.

Judge Selna: "We're turning a new chapter in this case, and this new chapter is going to be characterized by corroboration, cooperation and communication."
Says no motions or ex parte will be filed without prior consultation with the other side from here on out.

Selna asks Avenatti if he talked to prosecutors before he sent an email to the court yesterday. No, he didn't.
"That's the problem I want to eliminate. From here on out if you request a conference call on stated issues you're to consult with the other side," the judge says.

Judge says it's "inappropriate to have substantive discussions through the courtroom deputy." Now he's asking about the trial date. Says he's willing to extend it. Avenatti says he's willing to waive his speedy trial rights.
"Well, what are you thinking about?" Selna says.

Selna mentioned the @StormyDaniels case - Avenatti says the thought is this trial will proceed after that trial, which would put this trial in March. Selna says he's not sure he's willing to go out that far. Avenatti says he's not sure he wants to ask to go out that far.

Avenatti says they could start week before Thanksgiving or after. Sagel says the government is opposed to any continuances. Dates set are reasonable, and victims have speedy trial rights. Sagel says any consult with Steward's schedule is moot because Avenatti is pro se.

Sagel says "what should not be a five- or six-week trial has become such." So starting early than late November is necessary to avoid conflicts with the holidays. "It needs to start as soon as possible given him a reasonable time to look through what he wants to look through."

Avenatti: "I just want to be clear. I was not seeking a trial continuance." He want to brief court on fact that court appeared to be double dipped. Apparently he's referring to another case Steward has scheduled for trial with Selna.

Selna says they'll proceed with other trial Steward has as scheduled, then move Avenatti's trial to Nov. 2. Avenatti says that's acceptable. Sagel clarifying when jury selection would start. Selna says they could start the week before, assuming they wants another questionnaire.

Sagel wants jury selection as early as they can; if trial is to start Nov. 2, voir dire should start sooner. Selna says they can certainly get the questionnaires done, but he'd like to have Steward present for the voir dire process.

Judge says they'll bring 100 people in on Oct. 28. Last time it was 150, but Selna says 100 will be fine. If Steward's trial is still going on, they might go late, but the'll get the initial voir dire done that day.

They're going to find another date for the second part of the trial "that doens't conflict with the Stormy Daniels' trial," Selna says. Afterward.
Senior U.S. District Judge James V. Selna just said @StromyDaniels! (c.c. @cbrew1)

Oh, interesting. Judge Selna is now asking about another judge "entertaining a settlement conference." He's not sure it's a viable option, but if it is, he's going to ask the chief judge to appoint someone. But he needs to research the issue.

AUSA Sagel immediately says not happening. Government won't agree, and both parties need to consent. "I will tell you" the government won't agree.
"OK, so be it," Selna says.

Avenatti says he expects SDNY Judge Gardephe will extend his prison report date as requested this morning. Judge Selna just extended his covid release to Sept. 10 and said "come back to me once Judge Gardephe has acted.

Now there's discussion about "time-sensitive jurors" which apparently refers to potential jurors who've already said they're available for long-haul trials. Selna wants to use these people for the next pool, without them pool would have to be 300 or so.

But there's pushback and the issue will be briefed. (I think that's what Avenatti's email to the court is about, which will be filed this afternoon.)

Sagel asks if Steward's other trial falls through, are they going to advance trial date. Selna says "let's see what happens" with the remaining Tabs financial data that @TheJusticeDept needs to release to Avenatti. "Short answer is I'm not prepared to answer that question."

Selna is vacating the status conference he'd scheduled for next week because they've covered all issues.
"Does anyone dissent?"
AUSA Fitzgerald of the taint team just chimed in, said he's on the line and available.

Judge Selna says he's prepared to call a status on "fairly short notice" if parties have talked about the issues and provided a list of those topics. And with that, the call is over.

Just filed: That email Judge Selna was referring to, the "substantive" one Avenatti sent his clerk. Possible hearing date of Oct. 5 for Avenatti's double jeopardy motion, but nothing set yet. Full filing on Google Drive: bit.ly/3jjKeQs

Interesting that Avenatti requested a “settlement” conference in that email. As I’ve reported previously, Dean Steward told Judge Selna in February 2020 he was nearing a global resolution (aka plea deal), but he told me later that it fell through.

@threadreaderapp Unroll, please. Thank you! 🚀

Here's my new @lawdotcom article on the Avenatti saga. Keep in mind that Judge Selna already said he'll be away Oct. 17-24. That's not the schedule of a judge who actually thought the second part of the case would go to trial as scheduled Oct. 12. bit.ly/2WtyyC6