Thread by @meghanncuniff

Just in: Prosecutors’ reply to Avenatti’s opposition to their motion to exclude references to mistrial. “Defendant clearly intends to mischaracterize to the jury -- as he does in his motion -- why there was a first trial and the reason for the retrial...” bit.ly/3mSDVUp

Here's another new one from prosecutors: They want Judge Selna to order @Tabs3Software makers to help access data on Avenatti's law firm servers. "An executive from Software Technology, LLC indicated that the company would like to help..." bit.ly/2X7CDMu

And here's prosecutors' reply to opp re: limiting Avenatti's cross-examinations. It's punchy. "Looking behind the hyperbole and bluster, the citations to irrelevant law, and the misstatements of the remedy the government is seeking..." bit.ly/2YK2FXf

Avenatti just filed his opposition to prosecutors’ @Tabs3Software motion, and it raises a lot of interesting issues. Prosecutors admit they don’t have Tabs data “and therefore had no idea whether the information is favorable to the defendant.” bit.ly/3BLVnjN

I'm on the call for Avenatti's status conference in @StormyDaniels case. Avenatti is on the line, too. Everyone else is in Judge Furman's courtroom in Manhattan. Furman says "realistically" if they're going to do a. jury questionnaire, the Jan. 10 trial date isn't feasible.

Judge Furman said he's leaning toward not using a questionnaire. He's influenced by his colleague Judge Paul Oetken, who seated the jury in the Lev Parnas trial in a day without a questionnaire.

Prosecutors say they’re fine proceeding without a questionnaire. “We do have a victim interested in proceeding and obtaining justice,” prosecutor says of @StormyDaniels.
But the defense wants a questionnaire, so they’re calling to adjourn the trial date.

Defense says Avenatti’s cases “continue to garner significant media attention.” (That means this thread is going to get a lot of attention, right? Right??) Furman says: “I’m not suggesting that he is an unknown figure.” But with the passage of time, there’s not as much coverage.

Furman said he also doubts Avenatti's trial will garner more coverage than Lev Parnas' coverage, which involves Trump and Guiliani. He's taking under advisement and there will be briefs. Judge has a backlog and doesn't want trial moved to March.

Furman asks about Avenatti's California trials, and defense says "there is ongoing litigation with respect to the retrial that I believe is currently scheduled for November." He also mentions the 9th Circuit appeal.

I posted last night prosecutors' motion to the 9th Circuit to dismiss Avenatti's appeal ASAP or affirm Judge Selna's rejection of the double jeopardy motion.

https://twitter.com/meghanncuniff/status/1448498418863673348

Prosecutors just filed their brief on whether Judge Selna has jurisdiction over Avenatti's case while the 9th Circuit appeal is pending. "This Court is not divested of jurisdiction simply because defendant has filed a frivolous appeal..." bit.ly/2YWDMaL

Here's @TheJusticeDept's status report on Avenatti's Tabs and QuickBooks data. "SA Tashchyan
believes he found all the QuickBooks and Tabs files on the EA servers. The defense can, and doubtless has, conducted its own searches..." bit.ly/3j4YDzA

Here's Avenatti's brief on whether Judge Selna has jurisdiction while the 9th Circuit appealing is pending. "Only where a court has made a written finding that a motion was frivolous, may the court retain jurisdiction." bit.ly/30tWqqT

Interestingly, Judge Selna seems to have basically set up this looming 9th Circuit-driven trial delay by inviting Avenatti to file that double jeopardy motion. He made it pretty clear he didn't think the issue had any legal merit, but he invited the brief anyway.

And now we’ve got a phone status conference tomorrow at 9 a.m. Just posted.