Ghislaine Maxwell's appeal goes to the Second Circuit, and her request for a new trial is governed by its precedent.
In rejecting a new trial for El Chapo, a three-judge panel reiterated the high bar for even probing alleged juror misconduct.
That said, Epner—a former sex trafficking prosecutor—noted that the juror conduct at issue here is different from the Chapo case.
Chapo's appeal involved "unsworn, uncorroborated statements" by "one unidentified juror."
In Maxwell, the juror is known and spoke widely.
A second juror said something similar to the NYT.
The UK Daily Mail, citing a source, reported Maxwell's lawyers claimed to have found a third.
“So for all of those reasons, I think that the El Chapo decision does not preclude Ghislaine Maxwell from being able to get an evidentiary hearing or a new trial,” Epner told me. “It simply shows that she’s going to have to meet a very high standard.”
Read the fuller analysis inside the now-updated story at the top of the thread.
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Stormy Daniels is expected to be called to testify later today in Michael Avenatti's trial. Before the jury enters, Avenatti informs the court that he anticipates a six-hour cross examination.
"We'll see about those six hours," Judge Furman replies.
Avenatti's former lawyer Sean Macias remains on the witness stand.
During cross-examination yesterday, Macias testified he was "shocked" when Avenatti told him in 2018 he was "jammed up" and needed a $250,000 bridge loan.
"He was the top lawyer on TV and everything."
Macias testified on Wednesday that Mark Geragos paid him that money. Macias also said then he was enthusiastic that Avenatti might run for higher office.
Today, Avenatti says Macias sent him a text message about getting him some ‘Do, re, mi” so he could "run like a banshee."
Edward Vallejo, charged in the same seditious conspiracy indictment as Oath Keepers leader Stewart Rhodes, has a federal detention hearing that is about to begin.
He allegedly discussed “armed conflict” and “guerilla war.”
Martin Shkreli must pay a $64.6 million fine and is BANNED FOR LIFE from "participating in the pharmaceutical industry in any capacity," a federal judge ruled.
Ghislaine Maxwell WON'T face a separate perjury trial, if she loses her post-trial motions.
Feds say avoiding a separate trial on the false statement counts advances "victims' significant interests in bringing closure to this matter" and avoid trauma of more testimony.
Background:
Jurors only heard the first six of the eight counts of Maxwell's indictment.
The last two involved allegations that Maxwell lied on depositions in her civil litigation with Virginia Giuffre Roberts.
Those counts wouldn't have moved the needle on sentencing.
Maxwell had succeeded in severing the last two counts from her trial in a pre-trial motion.
This wrinkle was anticipated—and confirmed in a letter about scheduling for sentencing, which can be read here: documentcloud.org/documents/2117…