Michael Avenatti’s double jeopardy hearing is tomorrow, but anyone who knows Judge Selna knows how much he likes tentative rulings. And here it is! His tentative denial. “In sum, the Government’s shortcomings do not warrant dismissal of the Indictment.” bit.ly/3iuyklS
“Avenatti’s assertion that “None of the Tabs files were previously produced to the defendant prior to August 23, 2021” is simply not accurate.” bit.ly/3iuyklS
Hearing is at 9. Selna will want Avenatti to address the tentative, and his argument should focus on refuting specific findings in it. (You can check out the judge’s tentatives in other cases here. Yes, they do sometimes change in finalization. bit.ly/3B8nqcZ)
I will of course be tweeting from the hearing. Stay tuned!
⚖️🧵⚖️
Interestingly, Judge Selna specifically separates the prosecutors from the Brady violation in this tentative. “As noted above, there was no Brady violation by the Prosecution Team.” bit.ly/3iuyklS
I did a big story for @lawdotcom last month on the issues with @TheJusticeDept’s privilege-review team, and the unique aspects of the team’s role in the Avenatti case. Check it out here: bit.ly/3jWNB06
Here's a Google Drive link to a PDF of the tentative ruling. (I'm posting it because the tentative will be removed from the court's website once the final ruling is out, and we can't have holes in my Avenatti coverage archives.) bit.ly/3D7unvf

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More from @meghanncuniff

4 Oct
It’s Monday in California, and I’m here at the federal courthouse in Santa Ana for a hearing and status conference in Michael Avenatti’s wire fraud case. Follow this thread for updates from Senior U.S. District Judge James Selna’s courtroom.
⚖️🧵⚖️
It’s a busy morning in Judge Selna’s courtroom, as you can see from his calendar. It doesn’t look like the 8:30 item has started yet, so the 9 start time for Avenatti is going to be delayed, too. (It's like the dentist's office.) bit.ly/2WgEbmu
In the meantime, documents. Here’s what's on tap today.
Avenatti’s amended double jeopardy motion: bit.ly/2WDFqgb
Prosecutors’ opposition: bit.ly/2Yal7rb
Avenatti’s reply to opp: bit.ly/2Yiy1DG
⚖️
Read 38 tweets
1 Oct
Michael Avenatti just filed a status report ahead of Monday’s 9 a.m. hearing with Judge Selna, and it’s still really not looking good re: all the stuff @TheJusticeDept still needs to give him. He’s asking for 75 days to review aka a trial delay. bit.ly/3l0NxwL
Here's another Avenatti-related filing, this time in the law firm bankruptcy case. The trustee wants more time to file adversary cases (which seek to recover misused firm money), and his reasons remind of what we're seeing with the server data in the criminal case.
"...the volume of pre-petition financial information to be analyzed, the cumbersome nature of accessing that information in the Forensic Image, and Avenatti’s practice of transferring funds among entities without explanation have all delayed that work."
Read 4 tweets
1 Oct
It’s a beautiful Friday afternoon after a long and action-packed week, which means it’s time to go sit in a dumpy @OCSuperiorCourt courtroom and find out if @PIMCO billionaire Bill Gross is going to go to jail for his Laguna Beach neighbor dispute. Stay tuned for updates! ⚖️🧵⚖️
This is the saga that has showcased Gross’ taste in decades-old TV show theme songs, including “Gilligan’s Island” theme. Today is about whether he violated a court order that prohibits him from playing music in violation of city code or on outdoor speakers when he's not outside.
At issue is what happened during what looks like a very fun night for the Grosses back in July. A video of Amy singing in the swimming pool was played REPEATEDLY during the hearing. (So, so many times.)
Read 38 tweets
29 Sep
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.
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.
Read 12 tweets
20 Sep
It’s Monday and I’m here at the federal courthouse in Santa Ana, California, for what should be a short status conference in Michael Avenatti’s wire fraud case. Follow this thread for updates from the courtroom.
⚖️🧵⚖️
Avenatti's case is on Judge Selna's 9:30 a.m. calendar. There's a sentencing ahead of them, but they're doing that one now, so Avenatti's should start right at 9:30 a.m. cacd.uscourts.gov/daily-calendar
Remember, when we last left off last Wednesday, Judge Selna had ordered @TheJusticeDept to give Avenatti complete copies of the forensic images of his law firm servers. Here's my @lawdotcom article on that: bit.ly/2YR2bOs
Read 24 tweets
17 Sep
Michael Avenatti is asking the California federal judge who declared the mistrial in his wire fraud case to dismiss his charges because of prosecutorial misconduct. Motion just filed: bit.ly/3lyZngO
The motion includes a massive 560 pages o' exhibits and declarations. Available here on Google Drive: bit.ly/3hH1nCg
This motion has a tough road ahead, as Judge Selna didn't find prosecutorial misconduct and has told Avenatti a retrial is pretty clearly in order. He also said at Wednesday's status conference the Nov. 2 trial is for sure happening.
Read 6 tweets

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