"U.S. Appeals Court Affirms Conviction for Drug Lord 'El Chapo,' Rejecting Defense Claims of 'Breathtaking Juror Misconduct'"

Coming soon: Expert @MitchellEpner explains why the 2nd Circ's ruling shows "major hurdles" for Ghislaine Maxwell.
lawandcrime.com/high-profile/u… @lawcrimenews
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. Image
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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More from @KlasfeldReports

Jan 27
Good morning from New York.

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."
Read 55 tweets
Jan 24
Good morning from New York.

Michael Avenatti's federal trial accusing him of defrauding Stormy Daniels is about to begin.

Covering it live for @LawCrimeNews.
Proceedings begin:

Assistant U.S. Attorney Andrew Rohrbach for the government

Avenatti's attorney Robert M. Baum for the defense
Judge Furman notes that the jury is all vaccinated.
Read 25 tweets
Jan 20
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.”

Listening in, for @LawCrimeNews
Vallejo is represented by federal defender Debbie Jang.

U.S. Magistrate Judge Boyle presides.
AUSA:

"This is not an individual who was staying at home yelling at a television screen."

Instead, Vallejo is someone who brought an "arsenal" of weapons across the country.
Read 14 tweets
Jan 14
BREAKING:

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.

DEVELOPING story, @LawCrimeNews. lawandcrime.com/high-profile/j…
The $64.4 million is disgorgement to the states.

I'm reviewing the 135-page (!) breaking ruling to see what, if any, other liability Shkreli may face as the result of today's decision.
That ruling is embedded in the story.
Read 4 tweets
Jan 11
Good morning from New York.

A hearing is scheduled to begin shortly in the case of @MaryLTrump v. Donald Trump.

Covering the proceedings virtually, @LawCrimeNews.
New York County Supreme Court Justice Robert R. Reed presides over oral arguments on the defendants' motion to dismiss.

The attorneys are:

John Quinn for Mary Trump

Gary Freidman for Maryanne Barry

James Kiley for Donald Trump
Up first, Freidman for Maryanne Barry

He says his two main arguments are that the claims are time-barred and covered by the terms of the broad release agreement.
Read 23 tweets
Jan 11
Just in:

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…
Read 4 tweets

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