It’s a crisp, sunny day in Orange County, California, and I’m here at the federal courthouse for a hearing in Michael Avenatti’s wire fraud case. He’s asking for unrestricted travel to New York to prepare for next month’s @StormyDaniels trial. Stay tuned for tweets. 🧵⚖️🧵 
As I posted yesterday, Avenatti is also asking to be allowed out of the Venice condo where he's on home confinement for up to two hours every day for exercise.
https://twitter.com/meghanncuniff/status/1471209868455399425
Hearing is at 10 a.m. with Senior U.S. District Judge James Selna, but they're having problems with the conference call system and tech is up here, so it might be a little delayed. Avenatti is here with standby counsel Dean Steward.
OK they got it fixed. Judge Selna just took the bench and everyone made their appearances, and Selna cut right to the chase: He's not modifying Avenatti's release conditions. "I made a finding more than a year ago that Mr. Avenatti is a danger to the community..."
"I made a finding more than a year ago that Mr. Avenatti is a danger to the community, and the 9th Circuit affirmed that finding, and nothing has changed. So the motion to modify bail is denied," Judge Selna said.
So that means no outside exercise two hours a day. But he CAN go to New York for trial. Judge Selna said he's "prepared to allow him to travel alone so that the federal defender's office doesn't have to incur additional expenses."
Avenatti must be dropped off at airport by member of defense team, and that person must observe him going through security. “He’s restricted to the residence” be it a hotel or home, and lawyer offices, courthouse. Selna: "I think that adequately meets the needs of Mr. Avenatti."
Judge Selna asks Avenatti is he’s anticipating more than one trip to New York. “I’m anticipating going to New York at least once between now and early January and then traveling to New York for the trial,” Avenatti replies.
Judge Selna asks AUSA Brett Sagel is he has thoughts. “I always have thoughts, but I don’t know if they’re useful,” Sagel says.
“Just as long as they’re relevant,” Selna says.
“Not always a standard from what I’ve been reading lately,” Sagel says.
“Just as long as they’re relevant,” Selna says.
“Not always a standard from what I’ve been reading lately,” Sagel says.
Sagel says he’ll defer to the court, but adds “I’m not sure I’m aware from what Ive read that there’s a reason he can’t prepare from here.”
Judge Selna says remote preparation “just isn’t the same as being in the room.” To be fair, Avenatti should be allowed to prepare in person.
Judge Selna says remote preparation “just isn’t the same as being in the room.” To be fair, Avenatti should be allowed to prepare in person.
Judge Selna authorizes “one trip in advance and one trip for the trial.”
Avenatti stands: “Understood, your honor.”
Avenatti stands: “Understood, your honor.”
Sagel asks if Selna wants to put a date certain for return post trial. Selna says "two days after the trial's conclusion," but he doesn't rule out additional trial for post-trial proceedings. Avenatti says the terms are "crystal clear" and no minute order is needed.
The hearing ended a few minutes ago, but they're back in court now for what the clerk was told was a "housekeeping" item. Not sure what it is yet but I'm sitting in the courtroom waiting, too.
Judge Selna: "Something else the parties want to take up?"
Avenatti says it's his mistake for not bringing it up earlier and apologizes for inconvenience to Sagel (which must've been tough because Dean Steward was just muttering about what a prick he thinks Sagel is).
Avenatti says it's his mistake for not bringing it up earlier and apologizes for inconvenience to Sagel (which must've been tough because Dean Steward was just muttering about what a prick he thinks Sagel is).
Avenatti tells Selna he’s party to civil lawsuits “as the court is aware” and “one or more parties wish to take my deposition here in the Central District.” He’s confirming it’s acceptable for him to sit for a deposition as long as a defense team member is with him.”
“I’m asking out of an abundance of caution,” Avenatti says.
“Thank you for having the foresight to do that,” Judge Selna says.
Selna says Avenatti can travel for a depo if a defense team member is with him, but if it's over Zoom from home confinement no defense team is needed.
“Thank you for having the foresight to do that,” Judge Selna says.
Selna says Avenatti can travel for a depo if a defense team member is with him, but if it's over Zoom from home confinement no defense team is needed.
Avenatti tells Judge Selna, “When it comes to my bail, your honor, I’m super careful.” Sagel says pre-trial services and U.S. Marshals will need a minute order, so Avenatti will draft one for Selna to approve.
One possible issue: The clerk, who’s a supervisor filling in for Judge Selna’s regular clerk, thinks Avenatti’s bond needs to be modified to reflect these changes. She’s going to ask her boss about it, so there could be more court stuff later. But nothing too substantive.
Ok the clerk tells me that’s been resolved (I really appreciate her taking the time to do that!) so we’re all done here for the day. Stay tuned for a @lawdotcom story I’m doing previewing the @StormyDaniels trial.
A couple filings since the hearing ended, the first being the proposed order Judge Selna told Avenatti to file regarding the New York travel conditions approved today. bit.ly/3DXdnYV
And then a filing that exemplifies how Avenatti and @USAO_LosAngeles can't agree on *anything*, ASUA Brett Sagel wants order modified to specify travel in New York must be supervised by member of Avenatti's defense team, as Judge Selna said today. bit.ly/3yAUcCR
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