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Jan 25 • 6 tweets • 2 min read
A new filing that well captures the cross-jurisdictional, multi-judge issues at play in Michael Avenatti’s legal saga: The trustee for his bankrupt law firm is seeking permission to comply with a subpoena from SDNY prosecutors in the Stormy Daniels trial. bit.ly/35f3jP7
Notably, the subpoena is for the very Tabs and Quickbook data related to Stormy that Avenatti has been trying to get and Judge Furman refused today to compel. The same stuff SDNY prosecutors said Avenatti shouldn’t have, they’re trying to get themselves.
This was the subject of a last-minute hearing before U.S. Bankruptcy Judge Scott Clarkson in California the other week. Avenatti participated via phone, objecting to the trustee trying to seal his request to comply with the subpoena.
Regarding that hearing, one of the trustee’s lawyers offers this response today to a claim from Avenatti that his office shared the defense subpoenas to the trustee with prosecutors. “Mr. Avenatti identified no evidence to support his allegation, and his allegation is false.”
The defense subpoenas to the trustee seek his testimony and a list of records, including the Stormy @Tabs3Software info. So it looks like this info is going to get into the trial after all? Trustee said it’s in estate’s best interest to comply.
I should clarify - SDNY prosecutors haven’t said they don’t want Avenatti to have this Tabs data. They actually said they’re fine with him having it, but they said they don’t think they legally have any role in the process.

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More from @meghanncuniff

Meghann Cuniff Profile picture
Jan 26
“Mr. Avenatti, don’t condescend me.”
One of a few fiery quotes from Judge Furman today. Court just got out with Avenatti still crossing Sean Macias, the California lawyer who introduced him to Stormy Daniels. Furman then considered the motion to quash Janklow’s subpoena.
Furman also considered scope of Avenatti’s cross of Stormy, and Avenatti told the judge doesn’t want Stormy not answering his questions etc. “I don’t have any intention of being combative with Ms. Daniels,” Avenatti said, saying he’s not predicting a problem
It's no secret Avenatti is a great storyteller, and he sure likes to set the scene for the jury. During his cross of his ex-paralegal Judy Regnier, he described for this Manhattan jury today the @MontageLaguna resort in Orange County where the law firm had its holiday party.
Read 43 tweets
Meghann Cuniff Profile picture
Jan 26
It’s the third day of testimony in Michael Avenatti’s Stormy Daniels wire fraud and identity theft trial in Manhattan, with Avenatti taking over his own representation yesterday. He’ll be finishing cross of his ex-paralegal starting at 9 am. Follow this thread for updates. ⚖️🧵⚖️ Image
Remember, Avenatti cross-examined the paralegal, Judy Regnier, last summer in his California trial, over the course of a couple days. You can find PDFs of my Twitter threads from her testimony here: bit.ly/3iNTpZf Image
That exam’s scope was of course much broader than it is in the Stormy case. The California case involves five clients (Geoff Johnson, Alexis Gardner, Greg Barela, @MichellePhan and Long Tram), and also tax and bankruptcy fraud charges that Judge Selna bifurcated.
Read 23 tweets
Meghann Cuniff Profile picture
Jan 25
It’s the 2nd day of testimony in Michael Avenatti’s Stormy Daniels trial in Manhattan, and book agent Luke Janklow of @JanklowNesbit is to take the stand again at 9. We saw a ton of messages yesterday between Janklow and Avenatti that highlighted how smitten Janklow was with him. Image
Avenatti instructed Janklow not to discuss money with Stormy, and he obeyed for months and months, running all her correspondence by Avenatti and ignoring her at his request.
Janklow even testified he asked Avenatti’s permission to call Stormy on the eve of book publication to congratulate her like he does all his clients. He wasn’t asked what Avenatti said, but he was asked if he ended up congratulating Stormy, and he said he doesn’t think he did.
Read 59 tweets
Meghann Cuniff Profile picture
Jan 24
Happening now: Judge Carter's Zoom hearing in the temporary restraining order against the Jan. 6 committee's Chapman University subpoena re: John Eastman. Eastman and his lawyers are there in the courtroom in Orange County. bit.ly/3AnZPVX
Judge Carter just asked U.S. House of Representatives General Counsel Douglas Letter if they considered using a taint team/privilege-review team in the Chapman University John Eastman subpoena. Letter answered that House considerations like that are confidential.
Carter is on a 10-minute break, and when they get back Eastman is supposed to answer a bunch of questions about who exactly he was representing, and whether that representation was in violation of @ChapmanU policy and IRS nonprofit policy.
Read 15 tweets
Meghann Cuniff Profile picture
Jan 24
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. 
Read 73 tweets
Meghann Cuniff Profile picture
Jan 22
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. ImageImage
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
Read 7 tweets

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