Whoa. Here’s some Jan. 6 committee investigation news out of Judge Carter’s court - Carter granted Trump lawyer John Eastman’s request for a temporary restraining order against a subpoena from Rep. Bennie Thompson’s committee. But only until a hearing Monday.
The subpoena seeks Eastman’s “information from Chapman” @Chapman_Law, where Eastman was a professor and former dean. Here’s Judge Carter’s five-page ruling granting the TRO, issued Thursday and unreported until now. bit.ly/3rCRyJX
I can’t tell you how excited Judge Carter must be to have this case. He absolutely loves big stuff like this. Monday’s hearing could be on Zoom, and it is absolutely must-see TV if it is. 🍿
Here’s Eastman’s TRO request. The committee’s Jan. 18 subpoena on @ChapmanU seeks all documents and communications “attributable to Dr. John Eastman, that are related in any way to the 2020 election or the January 6, 2021 Joint Session of Congress.” bit.ly/3rIfnQu
Here comes the opposition from the “Counsel for the Congressional Defendants,” who are sure to have fun getting to know Judge Carter. “Plaintiff seeks this injunction even though Chapman made clear that the University reserves the right to review what is placed on that system.”
Here’s the full opposition, filed Friday. It says Eastman’s “claim of harm is speculative and falls far short of outweighing the Select Committee and the public’s immense interest in the investigation of the events of January 6.” bit.ly/3KwXNYk
Here’s Eastman’s complaint, which is against @ChapmanU, Jan. 6 committee and @BennieGThompson. “Allowing a highly partisan congressional committee to invade the First Amendment activity of a political opponent would have a chilling effect on free speech.” bit.ly/3AndIDY
Here’s the first request to Judge Carter for a Zoom appearance in the Eastman @ChapmanU Jan. 6 committee subpoena hearing on Monday, from U.S. House of Representatives General Counsel Douglas Letter. It’s basically guaranteed to be granted, which means we can all tune in on Zoom.
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Opening statements are today in Avenatti’s @StormyDaniels trial here at the Daniel Patrick Moynihan courthouse in Manhattan, but as I saw Friday in Judge Furman’s court, the financial info that’s on Avenatti’s law firm servers in California could be a sticky issue. ⚖️🧵⚖️
As @MichaelCohen212 and I wait outside for the courthouse to open in an hour, here’s some background on what’s going on with the servers and why it matters today.
As I reported Friday, Avenatti is trying to get data off the servers regarding his work for Stormy. Judge Selna in OC rejected a request to order DOJ to release it, but Judge Furman was going to try to contact Selna on Friday and inquire about that.
A federal judge in California has temporarily blocked a Jan. 6 committee subpoena to Chapman University related to Trump lawyer and former law professor John Eastman, citing Eastman’s attorney-client privilege claims. My story for @lawdotcom: bit.ly/3AnZPVX
Update: Now John Eastman is asking for Monday’s hearing to be delayed because of “an unexpected and serious family medical emergency”. “It will also likely prevent him from attending Monday’s hearing.” He also wants to delay the filing of his reply brief that’s due tonight.
Eastman filed his reply to the Jan. 6 committee’s opposition tonight after all. “The Committee seems to be of the view that Dr. Eastman was a scholar for hire ... But the University is not a scholar-for-hire corporate entity like the Rand Corporation.” bit.ly/32nJfcg
It’s really interesting how @CityAttorneyLA Feuer acts like this saga will end with the plea deals. Indictments are undoubtedly coming, and the current deals make it really apparent he and Jim Clark are targets for their work with Thomas Peters (who was last plea announced).
I did this @lawdotcom story last month on what these surprise plea deals in the @LADWP/@CityAttorneyLA scandal mean for the figure of the federal investigation. (Written before Peters’ plea deal was announced.) bit.ly/3DJ1CoJ
Here’s the article on Peters’ plea deal. These DWP plea deals typically stream live on Mondays via @USAO_LosAngeles. (This last Monday was a federal holiday. So maybe something coming this Monday?) bit.ly/3r8gVTw
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.
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 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