Thread by @meghanncuniff

Michael Avenatti just filed his reply to prosecutors' opposition to his double jeopardy motion. "The government’s consistent assertions that there was no Brady violation is based on an alarming misunderstanding of the law." bit.ly/2Y3uxFp

Here's a previous thread with the motion and opposition. There's a hearing Monday with Judge Selna.

https://twitter.com/meghanncuniff/status/1441543904885493762

One thing that jumps out at me is the argument over how much Avenatti actually stole from clients. Prosecutors said the entire settlement amounts, but Avenatti is saying info he's found undercuts that assertion.

HOWEVER, as I explained in this now-outdated trial story, prosecutors differentiate between the actual settlement money and the small payments Avenatti made to some clients. Those payments were from other sources, as expert John Drum's charts explained. bit.ly/3CA9VEa

Another filing today, with prosecutors seeking to prevent jurors in second trial from hearing anything about the mistrial. "Neither the fact that there was a first trial, the fact of a mistrial, nor the reason for the mistrial is relevant to the charges." bit.ly/3upqte3

Also, Judge Selna requested info regarding the remaining server data for Monday's status conference. "In other words, can the production of the full server be short-circuited so that entire production is not needed." bit.ly/3CXarev

Well today is turning into a treasure trove of unexpected Avenatti filings. Here's another one from the USA seeking to limit Avenatti's cross-examinations. It opens with a quote from Judge Selna: “Your right to cross-examine isn’t unlimited.” ⚖️ bit.ly/3F0Qp4J

The flip chart also gets a shoutout. "In addition, defendant spent considerable time during the cross-
examination of several witnesses writing information on a flip chart..." bit.ly/3F0Qp4J

Oh boy. Here's the most interesting one yet. Prosecutors want Avenatti prohibited from mentioning his former law partner turned creditor Andrew Stolper, including the Broadcom case and Stolper's friendship with AUSA Brett Sagel. bit.ly/2ZKsoyL 👀

"As the Court is aware, the entire predicate of defendant’s questions in relation to Mr. Stolper’s decision to leave is the U.S. Attorney’s Office is false." The motion references Stolper's severance agreement with Avenatti, which I posted here:

https://twitter.com/meghanncuniff/status/1428181655294930949

And here's a new motion from Avenatti, seeking to exclude the testimony of chart maker and @OhioState Buckeye John Drum of @analysisgroup. "During the trial, and beyond, the critical nature of the missing financial data was revealed." bit.ly/39OxdZs

Here's a thread I did during trial about Drum's testimony and his charts.

https://twitter.com/meghanncuniff/status/1429470925414494212