Here's some news regarding criminal cases dismissed because of COVID: I wrote late on Jan. 3 that the 9th *still* hadn't ruled on en banc review in Judge Carney's first dismissal, nearly six months after it was submitted. On Jan. 6, the 9th finally decided: request denied.
Notably, Trump 9th Circuit appointee Daniel Collins, joined by Danielle Forrester, dissented, writing: "We should not have let the Speedy Trial Act be counted among Covid’s latest casualties." The dissent is at the end of the now-amended opinion. bit.ly/3zMwqog
Judges Mary Murguia and Morgan Christen did the concurrence, and it reiterates the original ruling's harsh views of how Judge Carney handled this dismissal, saying Carney basically did it to get back at the other Central District judges for halting trials.
The concurrence also takes on the dissent: "The dissent, in hindsight, attempts to support its argument by diminishing the severity of the pandemic during this time, but the numbers speak for themselves." Find it on page 27. bit.ly/3zMwqog#appellatetwitter
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OK, about yesterday: Michael Avenatti was in a Zoom hearing (via phone) in his old law firm’s bankruptcy case, regarding subpoenas recently issued to the firm’s court-appointed trustee. I listened in, and here’s a thread of what went down. ⚖️🧵⚖️
I wasn’t sure what I was getting into by listening in, as it was an emergency motion with few details. (Read it here: bit.ly/3Fp5qMQ) So I just took a lot of notes and am now putting them into tweets that I'll send in somewhat real time. (Hearing was about an hour.)
The hearing happened before U.S. Bankruptcy Judge Scott Clarkson (who sat in on a bit of the Avenatti trial with U.S. District Judge James Selna last summer.) The trustee is Richard Marshack, a longtime bankruptcy court trustee.
The conference call in Avenatti's @StormyDaniels trial with Judge Jesse Furman in New York is starting now. "Good afternoon. This is Judge Furman." Court reporter confirms she's here. Furman reminds people to mute when they're not speaking and then unmute when they want to speak.
The three federal prosecutors just made their appearances, including the new guy from the Ghislaine Maxwell trial, as did Avenatti's public defenders. Avenatti confirms he's on the line. "Yes, your honor. Good afternoon," Avenatti says.
Today is about the logistics of the jury questionnaire that will be handed out next Thursday. First Furman is addressing Avenatti's filing this morning asking for access to jury materials. Read that filing here: bit.ly/3nhBU5l
Just in: Judge Furman has scheduled a phone conference in Avenatti's @StormyDaniels case tomorrow "to discuss the jury selection process and other trial-related matters." 2:45 p.m. Eastern, 11:45 a.m. Pacific. (And tweeting here, of course. 🧵)
Furman hasn't addressed Avenatti's latest trial continuance request, which occurred Friday, but he did this morning file this notice bumping up the time for next week's pre-trial conference and implementing COVID protocols for attendees.
Here's another one: Judge Furman grants prosecutors' reciprocal discovery motion regarding Avenatti. Some interesting takes in here re: his law firm servers. "Defendant's own knowledge of what is on the servers and the tools available to search and review electronic data."
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.
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.
Amplify emailed me this statement in response. Blames ship anchor and faulty detection system. "Had the crew known there was an actual oil spill in the water, they would have shut down the pipeline immediately."
Statement from Orange County’s top prosecutor on today’s federal charges in the oil spill:
About those mental health records Avenatti wants from @StormyDaniels for next month's wire fraud trial in New York. Just in from Judge Furman: "...counsel for Complainant represents that no materials responsive to the subpoena exist."
Another Avenatti filing today: The joint status report for Judge Selna regarding Avenatti's proposed release conditions for the @StormyDaniels trial in New York. Hearing tomorrow at 10 a.m. (Basically he and @USAO_LosAngeles can't agree on anything.) bit.ly/3p0cAlq
Avenatti filed a brief to support his position, and there are some interesting details in it. "Further, defendant’s confinement to a small apartment and inability to exercise over the last 20 months has begun to adversely affect his health." bit.ly/3oYOtDT