Thread by @innercitypress

OK - it's US v. Avenatti, Day 3, with Avenatti cross examining his ex-office manager Regnier and soon Stormy Daniels. Inner City Press is reporting twice daily on the trial innercitypress.com/sdnytrial4aven… and will live tweet, thread below

https://twitter.com/innercitypress/status/1486080237607821317

Judge Furman: Members of the jury, please remember that questions are not evidence.
Avenatti: Ms. Regnier, wasn't this payment for a case on which we represented children blocked at the US - Mexico border?
Assistant US Attorney: Objection!
Judge Furman: Sustained.

Avenatti: OK, the technology issue has been fixed. Let's go back to the previous month's records... Ms. Daniels was having a personal issue with her estranged husband, right?
AUSA: Objection!
Judge Furman: Sustained.

Avenatti: Let's go back to the bank statements. The deposits for the month were about $161,000, right? And the charges $131,000, right?
Regnier: Yes.
Avenatti: I want to focus your attention on these wires, August 1 and 3, from Janklow and Nesbit Associates.

Avenatti: Did the government ever ask you to figure it out, about these dates on this page?
AUSA: Objection!
Judge Furman: Sustained.
Avenatti: Did you look at Quickbooks or TABS to try to figure the answer to that before testifying?
Regnier: No.

Avenatti: Did the government every provide you that information, Ms. Regnier?
AUSA: Objection.
Judge Furman: Sustained. Please move on, Mr. Avenatti.
Avenatti: As of September 2018, the firm had been representing Ms. Daniels for six months, right?
Regnier: Yes.

Avenatti: The deposits were over $300,000, correct?
Regnier: Yes.
Avenatti: Your Honor, it's in evidence, I'm going to move the next exhibit, W. $77,000 deposits for January, correct?
Regnier: Yes.

Avenatti: Let's move to exhibit Y as in Yankees. Ms. Regnier did you deal with these bank statements and the ending balance of $100,000, at the end of January 2018, right?
Regnier: Yes.

Now moving to re-direct examination of Regnier; Judge Furman is trying to help her with her camera as she testified by video.
Judge Furman: I don't want this trial to turn into product placement, but I know Zoom better than Teams. Try that tab...

AUSA: Do you remember the honor you were asked about, about the judgment?
Avenatti: Objection!
Judge Furman: Just ask.
Regnier: Yes.
AUSA: Did the firm receive money from the judgment?
Regnier: No.

AUSA: Here it says "Debtor in possession." What does that mean?
Avenatti: Objection! 401!
Judge Furman: Overruled.
Regnier: The Avenatti law firm was in bankruptcy.

AUSA: No further questions.
Avenatti: Brief re-cross?
Judge Furman: Very brief.
Avenatti: Isn't it true that the involuntary bankruptcy was dismissed?
AUSA: Objection.
Judge Furman: Overruled.
Regnier: I don't remember. But it was not in bankruptcy in 2018.

Avenatti: Nothing further.
Judge Furman: Ms. Regnier, I'd say you are dismissed but you are not actually here. Disconnect and have a good day.
AUSA: The US calls FBI Agent Jessica Volchko, specialist in "digital forensics."

AUSA: How many devices have you forensically examined in your time at the FBI?
Volchko: Hundreds.
AUSA: Here is the silver MacBook of Michael Avenatti. How did you create a forensic image?
Volchko: Forensic software.

Cross examination:
Avenatti: Did you graduate from Quantico?
Volchko: No.
Avenatti: How long did your basic imaging course last?
Volchko: I think 40 hours. In 2016. Also, Intro to Macintosh.

Avenatti: Did you use Cellebrite on this laptop?
Volchko: I believe Cellebrite bought the company that made the software that I used.
Avenatti: Did you use FTK?
Volchko: No. I used Macquisition.

Avenatti: Look at this. Is it consistent with a WhatApp print-out from those programs?
AUSA: Objection.
Judge Furman: Sustained. Ms. Volchko, do you recognize the exhibit?
Volchko: No.
Judge Furman: Take the exhibit down.

Avenatti: May I have a sidebar?
Judge Furman: No.
Avenatti: I reserve my right to --
Judge Furman: No more questions? We'll take the lunch break. Jurors, don't do any research.
[Jury leaves]

Judge Furman: Some questions about TABS & Quickbooks - this prosecution team doesn't have them, and it is a separate prosecution team. If there any application, I'll take it up.
AUSA: We subpoenaed the defendant for the TABS data but he hasn't provided any.

AUSA: The defense subpoenaed Mr Janklow last night but he plans to travel.
Judge Furman: I'll soon docket his filing.
Avenatti: I'll wait for the TABS data issue to ripen before I write on it. I don't have the TABS data. It's not in a usable form to me.

Avenatti: We oppose quashing the subpoena against Mr. Janklow.
Judge Furman: We'll take a break.
Story coming on InnerCityPress.com and patreon.com/MatthewRussell…

OK - they're back from lunch. Next witness is Jeremy Rosenman of the US Attorney's Office. He prepared a visual financial summary for the case with bank records.
AUSA: We offer Exhibits 104, 105 and 106.

Avenatti: Objection - hearsay. No foundation.
Judge Furman: Admitted subject to connection.
AUSA: Mr. Rosenman, what is this?
Rosenman: A payment to Janklow & Nesbit for $250,000.

AUSA: And this wire?
Rosenman: From Garagos and Garagos, for $250,000, in September 2018.
AUSA: GX 301.. Could this account have made this transaction without receiving the wire?
Avenatti: Objection! Calls for speculation!
Judge Furman: Overruled.

AUSA: What is this?
Rosenman: A bank signature card. This is Passport 420 LLC. The signers are Avenatti and Regnier. This is a deposit of $3000.

AUSA: GX 702, Page 3. How much other money was deposited?
Rosenman: Only $50.
AUSA: And what's this?
Rosenman: And an insufficient funds charge. Another one.

Cross examination:
Avenatti: Have you ever heard the phrase, A trial is a fight for credibility?
AUSA: Objection.
Judge Furman: Sustained.
Avenatti: Which portion of these summaries did you prepare, and which by your colleague?
Rosenman: They were prepared for me.

Avenatti: And the AUSAs made suggestions to change them?
Rosenman: Format-wise. Not content.
Avenatti: On this account, what about the barber shop charge?
Judge Furman: Mr. Avenatti, you need to wrap this up.

Re-direct:
AUSA: Look at the first row of GX 702. Do you remember being asked about the $50, and starting to answer?
Rosenman: Yes, it was for a different time period.
AUSA: No further questions.
Next witness is NOT Stormy Daniels, it is Sean Ernesto Macias.

AUSA: Mr. Macias, what is your job?
Macias: I'm a lawyer in Indiana, California and DC, for 22 years.
AUSA: Do you know Michael Avenatti?
Macias: Can he lower his mask?
Judge Furman: Let's have 3 lower masks.

Macias: He's the handsome one with the shaved head. Not Mr. Dalack.
AUSA: When did you meet him?
Avenatti: Objection, 401.
Judge Furman: Overruled.
Macias: He was outside the courtroom. I recognized him. I said, What's up Soda Pop. And he said, Not much Pony Boy.

AUSA: Did you socialize with him in 2018?
Macias: In 2018 I did.
AUSA: Did you get a document to come here?
Avenatti: Objection, leading!
Judge Furman: Overruled.
Macias: I received a subpoena from the US.

AUSA: Do you know Stormy Daniels?
Macias: She reached out to me with a legal problem in February 2018. She asked me about a release she signed about a sexual relationship with President Trump.
Avenatti: Overruled!
Judge Furman: Overruled.

Judge Furman: And the cell phone that's vibrating, it better be off or it's going to be in my possession.
AUSA: What did Ms. Daniels tell you about paying?
Macias: She said she had no funds. I did not take the case.

AUSA: Did Mr. Avenatti get involved?
Macias: I told him I got Stormy Daniels blowing up by phone. He said, I'm interested. We went to Stormy's manager's house.
Avenatti: Hearsay! Privilege!
Judge Furman: Overruled.

Macias: Keith Davidson was involved, an OK lawyer, a nice guy. My thought was to call Michael Cohen to get a few bucks to expand the release. But Mr Avenatti wanted to go on 60 Minutes, blow it up.
AUSA: Did you stay involved?
Macias: I went to a meeting with CNN

Macias: Mr. Avenatti said he was going to charge one dollar. Then I found out there was a GoFundMe page. I heard it was for her security, which shocked me.
AUSA: Did Mr. Avenatti thank you?
Macias: He gave me a Cartier watch.

Macias: We went to a consumers lawyers' convention and we went to a blow out party.
AUSA: How did Mr. Avenatti seem?
Macias: More agitated than usual. And he seemed needy. He was in a melancholy...

Judge Furman: Where were you and what did you see?
Macias: I was laughing and he came over. He said Stormy was mad about not getting paid for the book. He asked me to represent her. I was taken aback.
Judge Furman: Let's take a break.

Macias: May I turn this off? [The filter above the box he's in]
Judge Furman: No, that's what allows you to have your mask off.
AUSA: What did Avenatti tell you?
Macias: That Stormy was going to blow up the book deal.

AUSA: What did Mr. Avenatti say about why Ms. Daniels wasn't getting paid?
Avenatti: Objection! Work product!
Judge Furman: Overruled.
Macias: He never explained. He wanted me to represent Stormy and sue the publisher.

Macias: Next thing I know, he came into my conference room and waited 20 minutes. He said he was jammed up and needed help. He said he was being evicted from his office space and needed money for payroll. I asked, why now, you're doing so much press.

AUSA: What did he ask for?
Macias: A $250,000 bridge loan. I said, How is this, he's the number one lawyer, on TV all the time. I said, Seriously?
AUSA: What did you do?
Macias: I said No, with the F word.

Macias: I told him I knew some people who could lend to him but he shouldn't. Then I suggested a guy who owns bars in LA.
AUSA: Look at this exhibit, GX 604.
Macias: It's a promissory note behind an email. We went to Jack's house and they negotiated

Avenatti: Objection! Hearsay!
Judge Furman: Overruled.
Macias: Michael said his landlord as Republican and was trying to throw him out, he was fighting the fight, he had money coming in in October. Jack said it sounded good. Michael said, I need it be tomorrow.

Macias: Mr. Avenatti said the Irvine Company was trying to throw him out. The next morning he was blowing up my phone from super early. It was a beautiful September morning. I said, I'll go to the office and make some phone calls.

Macias: Then I told Mr. Avenatti, Jack said no. Mr. Avenatti was very upset.
Judge Furman: What did he say? You seem uncomfortable.
Macias: He was hot. I feel bad for him.
Judge Furman: Just answer the question.
Macias: I'm going through my own process here.

Macias: Mr. Avenatti asked me to call Mark Gargagos and ask for a loan. I didn't want to do it. I said, You're killing me.
AUSA: What did you say to Mr. Garagos?
Avenatti: Hearsay!
Judge Furman: Overruled.

Macias: I told him Avenatti needs 250 to 300. He laughed and asked, What's going on? Gargagos said, For El Presidente, why not?
AUSA: Then what?
Macias: I called Avenatti and told him, Garagos is a go, I did it again for you kid.

AUSA: Do you know how Mr. Avenatti used the $250,000?
Macias: I do not.
AUSA: No further questions.
Judge Furman: Cross examination.
Avenatti: Have you consumed alcohol or drugs?
Macias: Glass of champagne yesterday.

Avenatti: Cocaine? Marijuana? When you've met with the government, you always had a criminal defense lawyer with you, right?
AUSA: Objection.
Judge Furman: Everyone has the right to a lawyer.
Avenatti: You asked for a proffer agrement, right?
Macias: Absolutely.

Avenatti: So they couldn't use it again you?
Macias: Absolutely. It's Criminal Law 101.
Avenatti: Move to strike after "absolutely" - you could have met with the government without a proffer, right?
Macias: Every smart witness would.

Avenatti: You represented people in connection with criminal cases, right?
Macias: Not defense at trial. But yes.
Avenatti: You demanded a proffer agreement.
Macias: I did, because I had no idea what you were doing.

Avenatti: You were concerned you could be charged, right?
Macias: No, then I would have asked for an immunity deal.
Avenatti: Move to strike the balance.
Judge Furman: Granted.

Avenatti: Isn't it true that when we met with Jack he expressed an interest in investing in a website to market my legal services?
Macias: No.
Avenatti: Didn't he express an interest in a web business involving me?
Macias: I was outside getting a beer.

Avenatti: You were enthusiastic I would run for higher office, right?
Macias: Yes, I told you I wanted to be Ambassador to France, it would be awesome.

Avenatti: In late August 2018 you texted me you would raise money for me "so I could run like a banshee."
Macias: Show me the text.
Avenatti: Can I?
Judge Furman: No.

Avenatti: Isn't it true when you tried to raise money for me, it was for my campaign?
Macias: Absolutely not.
Judge Furman: We're going to leave it there for the day. Jurors, do not read any news.

Avenatti: I'd like to renew my --
Judge Furman: Mr. Avenatti, hold your tongue. Until the witness is done.
[Macias leaves]
Judge Furman: We'll continue with the pending motions. But first, a break.
Story soon; thread to continue then...Foley Square Follies

They're back.
Judge Furman: I don't see why you need to re-call Mr. Janklow.
Avenatti: Let me see if I can help you to see it.
Judge Furman: Mr. Avenatti, don't condescend to me. Just make your argument. To the jury.

Judge Furman: Mr. Janklow can go on his vacation. [He'll be back on February 3. So apparently he'd not going to the #GenocideGamesofGuterres in Beijing, like UNSG @antonioguterres is)

https://twitter.com/innercitypress/status/1485097982957662210

AUSA: Tomorrow after Mr. Macias we'll call Enrique Santos an investigative analyst from our office then.. Ms. [Stormy Daniels]

Avenatti: I expect, I hope I'm wrong but I expect, Mr. Daniels tomorrow to get into what she sees as the qualify of my legal representation, she has spoke about it publicly, on podcasts --
Judge Furman: It is not relevant here.

Avenatti: I should be able to ask about her deal with Mr. Davidson for her state of mind about and experience with agreements with lawyers. And her agreement with me, about what fees are allowed.
AUSA: We don't see how it's relevant.