Thread by @meghanncuniff

Today’s the day Stormy Daniels is to take the stand in Michael Avenatti’s criminal fraud trial in Manhattan. She could be on the stand by 11 am EST. Prosecutors estimate her direct exam will be three hours, so it’s possible Avenatti will start cross this afternoon. ⚖️🧵⚖️

I expect to hear more during Avenatti’s cross of Stormy about this $100k hush payment Avenatti said yesterday the firm paid to suppress a compromising video of Stormy on the eve of the @60Minutes interview.

The paralegal yesterday didn’t recall the payment, which Avenatti said went to Bubba the Love Sponge. But we heard no details about how a porn actress could have a compromising video of her out there somewhere. What is Stormy doing in this video? Studying algebra?

Avenatti was assuring Furman yesterday  “I don’t have any intention of being combative with Ms. Daniels,” he said Stormy has made comments about his work quality on podcasts and social media, and Furman shot back that his courtroom is not a podcast or a social media post.

Furman certainly runs a tight ship, down to the schedule. Five days a week, 9 to 3 with one 45-minute break. In California, court proceedings generally break for 10-15 minutes every 90 minutes to 2 hours, because human beings aren’t designed to sit uninterrupted like that.

Some judges do a 9-2 with no lunch break, but two 15 minutes break. Not Furman, and he was not happy when a juror raised her hand about 2:15 yesterday for a bathroom break. And then another juror had to go, too.

Bathroom location means jurors have to do a “walk of shame” in front of the courtroom as they’re led across the well to chambers area. After jury left, Furman commented to the attorneys, “I may have to add a thing about bladder control” to jury questions. #WelcometoNewYork

I tweeted a bit yesterday about how similar this case is to the much larger fraud case in California involving five clients. Stormy is the only victim here, and the case makes no mention of the other clients or the much broader fraud scheme.

An AUSA actually asked a witness in court "Who is Geoff Johnson?" because Avenatti sent some of Stormy's book money to him in what California prosecutors would call a lulling payment, but jurors here of course never heard that part about Johnson.

These jurors are also getting testimony about California that could seem pretty glamorous to people who don’t know these places at all, whereas at least some California jurors would assuredly respond with 🙄🙄🙄 to that Girardi Vegas party and Montage resort talk.

Avenatti’s trial in California was barely covered. All that testimony from the five clients, none of it got much air time. But look out for the media mob for Stormy today!

(Another reporter did ask him during the walk and talk yesterday about him not telling Storrmy anything about taking her book money, and he refused to answer.)

Anyway, remember, no electronics in the courtroom, and I love being in the courtroom. I’ll update during the break and share a bunch of thoughts after. Stay tuned!

For those curious, this is the COVID pre-screen to get into the courthouse. You scan the QR code and answer vax questions etc, then get a barcode that’s scanned inside and they also take your temperature.

Stormy testified for about half hour before the 45-minute beak began. Nothing much yet, just about her initial meeting with Avenatti, and a lunch meeting the next day in which she paid him $100 and he used it to pay for her lunch. Stormy’s lawyer Clark Brewster is in court today.

Prosecutors said Stormy’s direct exam will be about three hours, which could give Avenatti at least a few minutes of cross today. He told Judge Furman he expects cross to be six hours, and he wants to recall Stormy as a witness in his case in chief.

But it sounds like Furman is going to allow Avenatti to go beyond the scope of direct in his cross (that means he can ask Stormy stuff in cross that didn’t come up in direct, which isn’t standard) so Stormy is not called to testify twice.

Oh regarding the quantum meruit argument from Avenatti about attorney fee entitlement (I know that’s legalese but I don’t have time for links and screenshots to explain so you should Google it), Furman said it’s an “interesting” issue that he wants to explore.

How does that go to jury, if it does at all? Furman asked. Judge said he’s not aware of any authority to justify Avenatti taking $ under the notion he’d be entitled to it. “I don’t think objectively it applies here,” Furman said.

Furman said Avenatti “may be onto something” that if he had a good faith belief “as crazy as it may have been” he was owed the money, he’s not guilty of s crime for taking it. But can he establish that without testifying? All issues Furman is mulling.

Prosecutors also said depending on Avenatti’s questioning of Stormy about his past legal successes, they may want to refute it by offering “evidence to the contrary.” It’s only Avenatti and federal defenders Robert Baum and Tamara Giwa today as standby. No Andrew Dalack.

Avenatti got about 15 minutes of cross in with Stormy before court adjourned at 3. The first thing he said to her was his standard line for witnesses: “Ms. Daniels, good afternoon.” She replied, “Good afternoon.”

This followed a simple and even-toned direct exam by AUSA Robert Sobelman, the bulk of which was going after messages between Stormy and Avenatti and tracing Stormy’s slow realization that he was lying to her about her book deal money.

Sobelman’s questions to Stormy reminded me of the @USAO_LosAngeles prosecutors questions to the clients in the trial last summer. The exam started with how Stormy met Avenatti, and jurors saw a photo of the lobby of the Waldorf Astoria in Beverly Hills, the meeting location.

"The government calls Stephanie Clifford, also known as Stormy Daniels." That's how Sobelman called her to the stand. He confirmed with her that she prefers to be called Stormy Daniels and would like to be called Ms. Daniels in court.

Sobelman went through attorney-client and book deal contracts. "What if anything did defendant tell you about taking some of his book advance payouts for himself?" he asked.
"Nothing," Stormy answered. That was a common question pattern, much like in CA.

https://twitter.com/meghanncuniff/status/1422218568867880966

Stormy said she "got really excited with my friends" when she signed the book deal contract. "My face was numb from smiling so much," she said. She said Avenatti always told him he'd get his money through the online fundraising and his winnings against Donald Trump.

Stormy said Avenatti told her "he would never take a penny from me for the book. I earned it and I worked for it."
"Because I was courageous and I earned it," she said. When she wasn't getting her money as scheduled, she complained to Avenatti and trusted him to handle it.

That led to an exchange straight out of the California trial:
"Why were you asking him for help?" Sobelman asked.
"I trusted him to handle it," Stormy answered.
"Why did you trust him?" Sobelman asked.
"Because he was my attorney," Stormy answered.

One thing: I've seen a lot of witnesses appear reluctant to blurt out profanities in federal court. Sometimes judges have to tell them no, don't say f-word, say the actual word. Well, let's just say that was *not* an issue with Stormy Daniels testifying in Avenatti's trial today.

Sobelman went over messages in which Avenatti sends Stormy a message to post on Twitter amid questions about accounting for the online fundraising account. Stormy posted it as her own but said she "had to add a curse word so no one would be suspicious."

Sobelman asked Stormy why she added a curse word so no one would be suspicious.
"Because my fans know that I have a potty mouth," Stormy answered.

We heard about the 2nd payment she got from Avenatti on Sept. 5, 2018, which as we heard in lawyer Sean Macias's testimony (Macias introduced Avenatti to Stormy) is from the $250k Mark Geragos loaned.

Texts from December 2018 showed Stormy still trusting Avenatti.
"At that time, did you believe defendant had misappropriated your money?" Sobelman asked.
"No," Stormy answered. Avenatti told her the publisher still had her third payment.

"Where does it say defendant stole your third payment?" Sobelman asked.
"It doesn't," Stormy answered.
Stormy said she didn't know Avenatti told @JanklowNesbit's Luke Janklow not to discuss money with him. She was just getting mad that her own literary agent was ignoring her.

"I didn't understand why I was giving somebody 15 percent to not help me," Stormy said of @JanklowNesbit's Luke Janklow.

This went on into February 2019, when Stormy started Avenatti she was going to go to the press and complain that the publisher isn't honoring her book deal contract. "Fuck them," Stormy read aloud today from her message to Avenatti.

One message to Avenatti that Stormy read aloud said she'd "just sent final warning" to Sally Richardson of St. Martin's Publishing.

"Fuck them," Stormy read aloud today in court.

Stormy had reporters at her tour bus asking her about Avenatti's troubles. Avenatti wrote a message for her to post on Twitter and it included the phrase "This is a big nothing burger" which also made me LOL in court because Avenatti used to say "big nothing burger" all the time.

"Where in this message does defendant say he'd already received and spent your money?" Sobelman asked.
"It doesn't," Stormy answered.

Finally Stormy starts ignoring messages from Avenatti, after she learned from the publisher "that Michael had been lying and stealing from me, and that my payments were sent months before."
"I knew he had been lying to me and had stolen my money," Stormy testified.

"He lied to me almost every day for five months," Stormy said of Avenatti, referring to the fact that he'd gotten her third payment five months ago. She testified that to this day, she has never received that third payment.

"Way, way angry. Shocked. Disbelief. Hurt. and I felt very betrayed and stupid," Stormy said.
"Who were you angry with?" Sobelman asked.
"Michael," Stormy answered.
"I don't know if there's a word stronger than furious, but it would be that," Stormy testified.

That's when Stormy re-lawyered up. She hired Clark Brewster (@cbrew1) of Tulsa, Oklahoma. (This hasn't come out in trial, but Stormy's friend Denver Nix, one of those "fucking deluded clowns" Janklow complained to Avenatti about, is from Tulsa, too.)

Stormy sent Avenatti Brewster's contact information. "Because I don't want to hear another word that Michael Avenatti has to say. That he could talk directly to my new attorney," she testified today.

Brewster was in court today with a partner from his firm, Guy Fortney. During a break, they were pointing out Avenatti's shoes and I heard Fortney say to Brewster, "The cuff doesn't sit well with the ankle monitor."

Sobelman asked about Stormy's paranormal investigative work near the end, which is through the TV show Spooky Babes. He asked if she was a cast member on Spooky Babes when Avenatti was her lawyer, and she said no. He also asked Stormy about her rants online about Avenatti.

Sobelman asked Stormy if she once said she hopes Avenatti gets raped in prison, and she said yes. But Sobelman asked today if she wants that to happen to him, and Stormy said no.
"I have nothing to hide, and I wanted justice to be served. I wanted everyone to know," Stormy said.

At the end of the day with the jury gone, Judge Furman urged Avenatti to work tonight to cut down his cross-exam, saying six-hour cross exam after three-hour direct is "not likely to be productive for anybody."
"Sometimes less is more," the judge said.

Avenatti complained that prosecutors had the benefit of repeated interviews with Stormy to shape the direct exam.
"That's how trials generally work, Mr. Avenatti," Judge Furman replied.

Avenatti said prosecutors opened the door for questions about Stormy's finances when Stormy said in direct exam that she was dependent on book payments to buy a house. Furman is sticking with a pre-trial ruling that prohibits discussion of Stormy's back taxes and child support.

Prosecutors could rest tomorrow or Monday, then it's Avenatti's turn to present his case-in-chief, which means it's time for him to call his own witnesses for direct exams. He hasn't said who he'll call. "I'm not being coy," he told Furman. Needs to think it over.

And so much for that 3-4 week trial estimate. This trial is going to be over next week. Avenatti said his case is only going to be two or three days. I'm thinking it could be even shorter than that. Stay tuned!

I heard Clark Brewster telling Stormy after court today that she was doing a great job, and she exclaimed "It's because I have nothing to hide!"
She'll re-take the stand at 9 a.m. tomorrow for Avenatti to finish his cross.

Avenatti after court today. He loves the Big Apple. 🍎

Notable: Avenatti was not walking with his standby counsel from the public defenders office after court today. They were with him Monday and Tuesday, Dalack wasn’t even court today, and Baum and Giwa walked together away from Avenatti after court today.

Judge Furman stuck up for Dalack, Baum and Giwa when Avenatti went pro se on Tuesday, calling them among the finest in Southern District of New York, and telling Avenatti he shouldn’t hold adverse rulings against them. But the tension between them and Avenatti is only growing.

Here’s a filing from prosecutors regarding jury instructions and Avenatti’s proposal about a “willful” one. “This instruction suggests that the defendant must be aware of and disregard the law.” bit.ly/34cupG8

Here’s the proposal prosecutors are opposing, filed back in December by Avenatti’s public defenders at the time (now they’re his standby counsel). bit.ly/3o0nwij

Avenatti filed this exhibit objection today: “Indeed, many of the entries relate to emails and text messages that have already been admitted and used during the trial in the course of witness examinations.”

And there’s this new filing from prosecutors, a motion to compel Avenatti’s compliance with a subpoena for the server info he got on Dec. 13, the same info that prompted the mistrial in California. This was discussed in court today and Furman basically invited a compel motion.

I didn’t hear an update on how the @Tabs3Software/@USAO_LosAngeles went, which Avenatti said was supposed to be completed Monday, the day of openings. But last I heard the actual server data wasn’t yet accessible in readable form.

Here’s prosecutors’ response to Avenatti’s filing on the exhibit. “Much like a chart of call logs, the chart will enable the jury to understand and evaluate information contained in numerous, voluminous records…”

@threadreaderapp Unroll, please. Thank you! 🚀