Thread by @meghanncuniff

I’m here at the federal courthouse in Orange County for a status hearing in Michael Avenatti’s wire fraud case. Follow this thread for updates from U.S. District Judge James Selna’s courtroom. ⚖️🧵⚖️

AUSA Patrick Fitzgerald tells the the judge the remaining indexing of the last 2.3 million files is going "very, very slowly." Just before this hearing started, Avenatti filed notice of his appeal to the 9th Circuit re: Selna's denial of his mistrial motion.

It was a hectic morning for my commute , so I'm a little behind and need to post that 9th notice ASAP. But I'm here in Selna's courtroom and they haven't said anything about the appeal yet. It's been all Fitzgerald.

Avenatti said he's not going to repeat what's his status report (which I posted yesterday). Avenatti is again saying that the remaining TIFF files are not graphics, they're mostly documents. He's said this before "and I've been proven accurate." 99 percent are documents.

And they need to be reviewed. Clearly the government didn't properly review everything they had, and clearly Joe Varani of DOJ's testimony was inaccurate, "That's an issue for another day...We are where we are," Avenatti says.

Selna says he still needs to review the exhibits included in the status report but he agrees the TIFF files should be reviewed. Avenatti believes there are relevant files regarding clients "not all four, but probably at least two." Says he needs time to review the info.

"The claim that we can just ignore the TIFF files, clearly we cannot ignore the TIFF files," Avenatti says.

AUSA Brett Sagel says regarding the TIFF files, Avenatti's exhibits aren't actually from the TIFF files of his own computers. "I would point out that zero were from the TIFF files," Sagel says.

Sagel tells Selna that when he looks at Avenatti's exhibit, "You'll notice it wasn't even in response to what your honor asked him to do."

Avenatti stood while Sagel was talking.
"Please be seated," Selna tells him.
"I'm listening, your honor," Avenatti says.
"You can listen while you're seated," Selna says.

"Your honor, at some point. I'm hopeful that representations that are made to this court are going to matter," Avenatti says. Avenatti says 7 pages in his exhibit are from the servers.

"Are you representing that all pages come off the servers?" judge asks.
"No sir, I'm not," Avenatti says.
Selna clarifies he included some extra TIFF files outside servers to show that the TIFF files aren't always graphics.

Avenatti says he finds it "incredible" that Sagel will rep
"The issue is they never reviewed the documents, your honor. If they'd done a proper review then they'd have a basis" for saying what's on servers. "That's the entire issue, your honor," Avenatti says.

Judge Selna calls for a report by noon on Thursday that reviews the government's document production during the week of Aug. 23. "What's in there that constitutes TABS or Quickbooks documents with respect to the four clients that are relevant in counts 1 through 10."

Selna: "I want to know whether the relevant Tabs or Quickbooks data for these particular clients have been produced."
Fitzgerald says they gave Avenatti a thumb drive on Sept. 20 that has all Tabs and Quickbooks data for the clients.

"It's our belief that certainly no later than Sept. 20 the defense should have received all Tabs and Quickbooks data," Fitzgerald says.
"I'd like you to document that with as much specificity as possible," Judge Selna says.

Avenatti says he wants "to make sure I understand what exactly your honor is asking for."
Selna: "It seems to me that the key data is the accounting data for the clients in counts 1 through 10. There may be other topics that are key as well."

Asks Avenatti which documents are critical to going to trial.
"That's a long list, your honor," Avenatti says.
"No, no, no. Critical," Selna says.

Avenatti: Communication w/ clients, any accounting info, info about the financial condition of the law firm, anything relating to John Drum's analysis, "anything he should have considered and did not."
"Those are just four off the top of my head, your honor," Avenatti says.

Fitzgerald says Avenatti has stuff prosecutors don't have because of the possible attorney-client privilege issues involved with the server info, so USA is relying on reciprocal discovery obligations to find out what Avenatti is going to use in trial.

Judge Selna harkens back to his @omelvenymyers days. "Look, I've spent many years litigating. I've been working with litigation databases until the 70s." If a database is organized, it should be easy to get stuff out of it. He wants a list from both sides.

Selna says he'll hear Avenatti's recent contempt motion on Oct. 27 when he considers the motions in limine. Now he asks about the appeal Avenatti just filed with the 9th. "What are your thoughts with regards to the court's jurisdiction?"

Sagel: "Our preliminary research shows this court still has jurisdiction." Until 9th says it doesn't, the appeal "does not change anything." "We can proceed as we currently are."
Unsurprisingly, Avenatti disagrees. He says Selna lost jurisdiction when he filed the appeal to 9th.

Avenatti says Howard Srebnick (Florida lawyer who represented him in the Nike extortion case) "will represent me pro bono on that appeal." royblack.com/attorneys/howa…
Selna calls for briefs on his jurisdiction by noon on Thursday.

Sagel says Avenatti's comments about no jurisdiction "begs the question" of whether the contempt motion filed yesterday "is invalid."
Selna: "If I don't have jurisdiction, the motion just sits there."
Avenatti says it's not stricken. Selna: "No, it wouldn't be stricken."

Judge Selna again says jurisdiction briefs by noon on Thursday (he said Wednesday at first, thinking today was Monday, but clerk corrected),
"It's a discrete issue, and I think that ought to be enough time to address it," the judge says.

Final issue: Sagel says Avenatti’s ex-client Geoff Johnson has medical issues and “either would need to testify in a gurney” or via video. “We flag it for the court because this is an issue if we’re having a trial within the next two months,” Sagel says.

Avenatti says he was first informed of this late on Friday, and got a letter from Johnson's doctor to review today. "Obviously I would object to Mr. Johnson testifying from a gurney before the jury in this case, but hopefully we'll be able to reach some other resolution."

Judge Selna: "Well, as a last resort he can testify in a gurney. We're going to trial, he's entitled to get his testimony. If there's no accommodations or legal ways to do it otherwise, he'll testify in a gurney."

Here's Avenatti's notice of appeal, filed this morning in the case file with Judge Selna: bit.ly/3DzkarT

Just filed in Avenatti's New York federal criminal case with @StormyDaniels: Hearing this Thursday to address Jan. 10 trial date. "...it is unclear whether it would be feasible to hold trial in this case on or about January 10, 2022, as currently planned..."

Here's actual document, which includes a QR code for people who want to attend Thursday's hearing in person. "If your answers meet the requirements for entry, you will be sent a QR code to be used at the SDNY entry device at the courthouse entrance." bit.ly/3lyIJPk

@threadreaderapp Unroll, please. Thank you! 🚀

^^^ “since the 70s” not “until the 70s”

Here's the only thing filed so far in the 9th Circuit case file on Avenatti's appeal. Procedural info. It gives a briefing schedule with dates in January and February, though prosecutors said today they'll ask for an expedited schedule. bit.ly/3mQUPTB