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
And Judge Carter appears open to delaying Monday’s hearing. He wants an alternative date proposed by 2 p.m. tomorrow.
Judge Carter sealed Eastman’s reply and ordered him to file a redacted version of his exhibit after the court realized it had unredacted Social Security numbers. I looked at the newly redacted exhibit, and it was Eastman’s own Social Security number that had been exposed.
(I tweeted the reply out last night but didn’t include the exhibit so no worries here.)
OK now Eastman’s lawyers say the “emergency medical situation described in plaintiff’s motion to continue has improved over the last twenty-four hours.” So tomorrow’s 2 p.m. (Pacific) hearing is on.
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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.
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. 🍿
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