Thread by @meghanncuniff

It’s Wednesday in Orange County, California, and I’m here at the federal courthouse because Judge Selna is getting the gang back together again i.e. there’s a 9 a.m. status conference in Michael Avenatti’s wire fraud case. Follow this thread for updates from the courtroom. ⚖️🧵⚖️

The judge called this status conference after receiving reports of trouble on the Tabs3 front, with Avenatti already saying a trial continuance is needed and prosecutors artfully telling Selna his mistrial ruling was flat wrong. Here's the USA's brief: bit.ly/3lowaF2

And here's Avenatti's status update on the remaining financial data @TheJusticeDept is to give him. bit.ly/3lsiCIL He's in court now awaiting Judge Selna, and was asking AUSA Patrick Fitzgerald of the privilege-review team aka taint team about the remaining files.

Basically, they're still waiting on a lot of stuff, and Fitzgerald said the process is actually getting slower. Something about a million files a day? Selna just took the bench, so we're about to hear more.

It's just Fitzgerald and AUSA Alex Wyman today, no AUSA Brett Sagel. Avenatti is here with standby counsel Dean Steward and Courtney Cummings Cefali. Selna cuts right to the chase, asks Fitzgerald if it's true Avenatti hasn't been given anything else since the mistrial on Aug. 24

Fitzgerald says yes. When does he expect the indexing to finish? Fitzgerald says somewhere between tomorrow and two weeks from tomorrow. Selna asks about technical problems, and Fitzgerald says one server with 2 terabytes is unexpectedly slow.

Once indexing is complete, Fitzgerald says they'll be able to conduct the searches quickly. "The problem is it is hard to know how fast [the program] will index" Was going it much faster, but it's fallen to 1 million files a day. There are 24 million files to go through.

Selna asks about producing the forensic copy of the servers to Avenatti. Avenatti says it's accurate that Fitzgerald agreed with him back in August to give him copies, "then when Mr. Sagel and Mr. Wyman. caught wind of it they said, 'No, we will not agree.'"

Selna acknowledges he's repeatedly denied Avenatti's request for copies of the server images, but signals a reversal of course, saying, "Why should I simply order production of the forensic copy" of the servers?

Avenatti: "My position is you should" which would moot the issue in court today and "also protect my rights and also prevent any similar issues" that led to the mistrial in the first place.

Wyman says he and Sagel wouldn't stipulate to Avenatti getting server copies because of Judge Selna's three previous orders denying such access.
"We just don't believe we're entitled to say, 'Yes, do the opposite of what the court ordered,'" Wyman says.

After three previous rejections, Selna takes the bull by the horns and orders @TheJusticeDept to give Avenatti forensic copies of his law firm servers "no later than noon tomorrow." Next issue is whether Avenatti should get the copies of the indexing that's gone on so far.

Selna asks why Avenatti shouldn't have indexing that's gone on so far. Fitzgerald says process is "not like getting files just copied and off the computer the way we normally would do it. It's more like getting the @Westlaw system off WestLaw and onto someone else's computers."

Avenatti points out that @TheJusticeDept actually has indexed copies of the servers back in D.C. Selna asks how he knows that, and Avenatti says DOJ agent Joe Varani testified so during trial and Fitzgerald has confirmed.

This is what Avenatti was asking Fitzgerald about before hearing - he asked if Agent Taschyan could fly to DC. Avenatti tells Selna he wants two things - the server copies by noon as ordered, and the indexed copy, whether it's the one in DC or the one that's yet to be completed.

"I will then take that data to my expert and we will get these searches done as quickly as possible," Avenatti says.
"You'll take care of that?" Judge Selna asks.
"Yes, sir," Avenatti answers.

Selna asks Fitzgerald "is there not an existing indexed file?"
Fitzgerald says yes, it's with the DOJ crime lab in DC. The judge flexes his tech knowledge muscles, telling Fitzgerald he knows the info must be able to be copied and delivered "however voluminous."

Selna is 76, but "I've been dealing with computers since 1971," referencing his work with @IBM while at @omelvenymyers.
Fitzgerald: "I will talk to everyone on our side to explore all options."

The judge sets another status conference for Monday at 9:30 a.m. Tells USA if Varani or another tech expert needs to be there "please arrange for that."
Then Selna says he wants to make something clear. "The Nov. 2 trial date is a firm trial date."

"Everyone, including the court, is going to work to ensure that happens," Selna says. This certainly doesn't bode well for Avenatti's double jeopardy motion, which is due Sept. 17 for Oct. 4 hearing.
"I ensure you one way or the other, that trial date will happen," Selna says.

And that's it. Hearing ended 15ish minutes ago. I'm still in court, catching up and listening to Selna do a phone conference in another case I've tracked, a bizarre RICO lawsuit involving accusations of fake class actions. (Some people say court is boring; I say they're boring.)

Fun fact: We here at @lawdotcom did a photo shoot with Judge Selna recently. We weren’t able to round up the courthouse cats as props, but he did humor us with some hallway poses. We’ll be showcasing these great photos in our coverage of Avenatti case and other Selna endeavors.

Here’s a cool angle of the courthouse. This street art bird in @CityofSantaAna keeps a watchful eye. 🪶

Don't miss my latest story on the Avenatti saga, from the bankruptcy court files. Michael Eagan is probably the most public yet mysterious figure in Avenatti's cross-country judicial odyssey. Now the bankruptcy trustee wants $1.3 million. bit.ly/3lueqYW

Update: The street artist who brought us that bird has a name, and it's Jonathan Martinez. Thanks, @CityofSantaAna.

https://twitter.com/CityofSantaAna/status/1438207442999857153?s=20

Here’s my story on this morning’s hearing, online now for @lawdotcom and showcasing a great new photo of Judge Selna. ⚖️ bit.ly/2YR2bOs

@threadreaderapp Unroll, please. Thank you! 🚀