Thread by @meghanncuniff

Avenatti just filed a status report that says @TheJusticeDept still hasn’t given him all relevant financial data, and the taint team “is unable to provide a firm estimate as to when the remaining financial data will be produced.” bit.ly/2Xk9Wfv

Avenatti says ongoing conflict with the taint team over the scope of the searches “will probably require the intervention of the Court finally to resolve.” He hasn’t asked for a trial continuance…yet.

Of course, it's always in the footnotes. "As a result, a modification to the case schedule and trial will almost certainly be required."

Prosecutors in Avenatti's California case just filed a motion re: remaining financial info, and it's their first real dig at Judge Selna's mistrial and Brady violation ruling. "Simply put, the government’s position is that no Brady violation occurred." bit.ly/3lowaF2

The motion asks Selna to order Avenatti to specifically ID the records he wants off the servers. "The government is unaware of what else is on the servers that it does not have but that defendant may claim is favorable to the defense or otherwise discoverable."

But it also digs into Selna's mistrial ruling based on a Brady violation, focusing in part on the judge's own statement that Avenatti "is entitled to make non-winning challenges as well as winning challenges."

"The fact that Brady requires only the disclosure of material favorable evidence -- that is, evidence having a reasonable probability of affecting the outcome -- undercuts the suggestion that a defendant is entitled to make “non-winning” challenges." bit.ly/3lowaF2

As prosecutors describe it, none of the information that's left on those servers is exculpatory, so how can it be a Brady violation? Remember: Selna never issued a written ruling on this. All we have are his in-court comments from the hearing.

ICYMI, I covered a lot of this in my @lawdotcom look at @TheJusticeDept's privilege-review teams aka taint teams: bit.ly/3jWNB06

And now we've got a status conference Wednesday at 9 a.m., just scheduled by Judge Selna. Stay tuned for tweets.

A couple more filings. Prosecutors want briefing schedule: bit.ly/3z81e0K
Avenatti's opposes, says they're trying to confuse issue with his looming double jeopardy argument. bit.ly/399fefW
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Of particular interest in Avenatti's opposition, @USAO_LosAngeles prosecutors still refuse to give him complete copies of the forensic images of his law firm servers. Wouldn't it moot all this search stuff if they did? We'll hear more Wednesday. bit.ly/399fefW

Here's my thread from Aug. 23 that details Avenatti's attempts to get copies of his server images:

https://twitter.com/meghanncuniff/status/1429979631977865249

Here it is in all its glory, the docket entry for tomorrow. bit.ly/3AcUe3R