Good morning from New York.
Michael Avenatti's cross-examination of Stormy Daniels yesterday began during the last 10 minutes of the trial day. Today, the questioning kicks off into full gear.
Follow along live with me, @LawCrimeNews.
ICYMI: lawandcrime.com/high-profile/h…
Michael Avenatti's cross-examination of Stormy Daniels yesterday began during the last 10 minutes of the trial day. Today, the questioning kicks off into full gear.
Follow along live with me, @LawCrimeNews.
ICYMI: lawandcrime.com/high-profile/h…
Stormy Daniels is back on the witness stand.
The jury is entering.
The jury is entering.
Highlighting Stormy's history as an actress, Avenatti asks whether that entails learning and reciting lines.
He then asks how many times she met with the government.
Six or seven times, five or six of which were in the last 30 days, she responds.
He then asks how many times she met with the government.
Six or seven times, five or six of which were in the last 30 days, she responds.
Yesterday, the government asked Daniels if she said she hoped Avenatti would be raped in prison. She acknowledged it. He asks her whether she remembers that. She says she does.
Q: You know that millions of people follow your comments, do you not?
A: (matter of factly) I do.
Q: You know that millions of people follow your comments, do you not?
A: (matter of factly) I do.
Avenatti asks Daniels about the meaning of the phrase "drop the soap."
Q: To have anal sex in prison, right?
A: I don't know.
Avenatti asks whether Daniels said on a podcast that she hoped he dropped something "over and over and over."
She agrees she did.
Q: To have anal sex in prison, right?
A: I don't know.
Avenatti asks whether Daniels said on a podcast that she hoped he dropped something "over and over and over."
She agrees she did.
Q: Have you ever falsely accused anyone of a crime?
A: Not to my knowledge.
A: Not to my knowledge.
Avenatti pivots to Stormy Daniels's paranormal series "Spooky Babes" by saying; "Let's talk about this alleged television show."
Govt: Objection
Judge: Sustained as to form
Govt: Objection
Judge: Sustained as to form
Q: There has never been a single episode that has actually aired on television, am I correct about that?
A: Correct.
A: Correct.
Avenatti rattles some of the paranormal experiences that are the subject of the show, including visions of a sobbing woman who cut her wrists and an anthropomorphized house Daniels refers to as "she."
Q: You talk to the house, right?
A: (frustrated) Yes!
Q: You talk to the house, right?
A: (frustrated) Yes!
When Avenatti asked about what Daniels perceived to be the physical effects of the house on her, Daniels referred to what Reiki scans detected.
A confused Judge Fruman asked what that means and has Daniels spells it.
Daniels: R-E-I-K-I
A confused Judge Fruman asked what that means and has Daniels spells it.
Daniels: R-E-I-K-I
Avenatti says that Daniels once "I should keep my mouth should because me going around saying 'I see dead people'" because those comments could negatively impact open court cases.
Daniels: "Yes, I said that."
Daniels: "Yes, I said that."
Q: How do you speak with the dead?
A: I don't know. It just happens sometimes.
Asked how, Daniels replies: "Cards. Meditation."
Q: And do the dead speak back to you? Do they communicate with you?
A: Yes.
A: I don't know. It just happens sometimes.
Asked how, Daniels replies: "Cards. Meditation."
Q: And do the dead speak back to you? Do they communicate with you?
A: Yes.
Avenatti pivots to the paranormal doll named Susan on "Spooky Babes."
Q: According to you, Susan walks.
A: I've never seen her walk.
She adds that she's seen the doll in a different spot and didn't know how she got there.
Q: According to you, Susan walks.
A: I've never seen her walk.
She adds that she's seen the doll in a different spot and didn't know how she got there.
Avenatti asks of "Susan," the paranormal doll.
Q: You heard her call you 'Mommy, mommy.'
A: I don't know if it was her. We assumed.
He asks her about tarot card readings.
"Technically, oracle cards," she corrects.
Q: You believe that you're a medium, correct?
A: Correct.
Q: You heard her call you 'Mommy, mommy.'
A: I don't know if it was her. We assumed.
He asks her about tarot card readings.
"Technically, oracle cards," she corrects.
Q: You believe that you're a medium, correct?
A: Correct.
Avenatti asks Daniels whether she went on Michael Cohen's podcast and told him, "I did get my first couple of checks."
She agreed.
She agreed.
Avenatti asks whether she told Cohen "But my last big check, he intercepted by forging my signature" and claimed that she still did not get an accurate royalty statement.
She says she doesn't recall.
She says she doesn't recall.
According to Avenatti, the second time on Cohen's podcast, Daniels said: "I got my first two payments. No issue."
Side note:
Yesterday, Daniels volunteered—seemingly apropos of nothing—that the paranormal doll Susan has an Instagram page. This is the one.
Yesterday, Daniels volunteered—seemingly apropos of nothing—that the paranormal doll Susan has an Instagram page. This is the one.
Q: Ms. Daniels, no one can tell you what to do, correct?
A: Correct.
A: Correct.
Q: Ms. Daniels, you voluntarily picked me to be your attorney, correct?
A: I was out of options.
A: I was out of options.
Q: I never sought you out initially for representation, correct?
A: Not to my knowledge.
A: Not to my knowledge.
Q: Before we met at the Waldorf Astoria, we had never spoken on the phone, correct?
A: We had not.
A: We had not.
Avenatti asks whether this clause of their contract shows he's "entitled to a reasonable percentage" of a book deal.
Daniels: "You're very entitled, yes."
Daniels: "You're very entitled, yes."
Avenatti asks whether people expect to be paid for work.
Daniels: "Of course."
Q: Why do you say 'of course'?
A: That's how we survive.
Daniels: "Of course."
Q: Why do you say 'of course'?
A: That's how we survive.
Stormy Daniels's book was dedicated to her daughter, whom she said reminds her of what really matters.
Q: Isn't it true that I wrote the dedication for your book?
She agrees and says that she approved it.
Q: Isn't it true that I wrote the dedication for your book?
She agrees and says that she approved it.
* "shut," not "should." #FridayTypos
After a morning recess, Avenatti asked Daniels about her Reiki scan.
Daniels said it was performed by an energy worker and yoga instructor.
Daniels said it was performed by an energy worker and yoga instructor.
Court proceedings during the Michael Avenatti trial usually break for lunch at 11:30 a.m. ET, but it's been pushed back until 12:30 p.m. today due to weather.
It's snowing heavily outside.
Questioning continues.
It's snowing heavily outside.
Questioning continues.
Questioning turns to Stormy Daniels's arrest in Columbus, Ohio in 2018, which she said was politically motivated by pro-Trump police.
Vice officers were later fired over the incident. nytimes.com/2020/01/24/us/…
Vice officers were later fired over the incident. nytimes.com/2020/01/24/us/…
Q: In 2018 and 2019, what did [Denver] Nicks do for you?
A: He was my publicist.
A: He was my publicist.
Q: Isn't it true that I was typically nice and respectful to you?
A: You lied to me. That isn't respectful.
Asked if she told the government he was nice and respectful, Daniels replies: "Yes, you were cordial. Always."
A: You lied to me. That isn't respectful.
Asked if she told the government he was nice and respectful, Daniels replies: "Yes, you were cordial. Always."
Avenatti presses whether she told the government he was nice and respectful.
"I was wrong," Daniels replies.
Avenatti objects to the answer as non-responsive.
Sustained.
He asks the question again, and she responds in the affirmative.
"I was wrong," Daniels replies.
Avenatti objects to the answer as non-responsive.
Sustained.
He asks the question again, and she responds in the affirmative.
Avenatti asks whether Daniels ever wrote anything in her book contradicting her assertion that she didn't like him and tried to fire him three times.
She says doesn't know how to answer.
Q: "Let's break it down. 'Did you write'—you understand that right?"
AUSA: Objection.
She says doesn't know how to answer.
Q: "Let's break it down. 'Did you write'—you understand that right?"
AUSA: Objection.
Judge: Sustained. Mr. Avenatti...
Lunch recess.
Back in 45 minutes.
Back in 45 minutes.
We're back.
Avenatti confronts Daniels about her public statement that rumors of her hush-money payment from Trump were false.
He says that's false, undermining her claim to always tell the truth.
She denies it was misleading because she says Michael Cohen paid her the money.
He says that's false, undermining her claim to always tell the truth.
She denies it was misleading because she says Michael Cohen paid her the money.
After Avenatti asks about her denying a 'relationship' with Trump, Daniels replies: "I did not have a 'relationship' with Donald Trump"
Q: What is a fact?
Objection.
Sustained.
Q: What do you understand a fact to be?
Objection.
Sustained.
Objection.
Sustained.
Q: What do you understand a fact to be?
Objection.
Sustained.
Avenatti quotes Daniels previous denial of her affair with Trump: "I am denying this affair because it never happened."
Q: That was a complete lie. Wasn't it?
A: No.
Q: That was a complete lie. Wasn't it?
A: No.
Avenatti says Daniels told Anderson Cooper the opposite.
Daniels: "I don't consider being cornered getting out of a bathroom having an affair."
Avenatti objects as non-responsive. Judge sustains, instructing her to answer the questions.
Daniels: "I don't consider being cornered getting out of a bathroom having an affair."
Avenatti objects as non-responsive. Judge sustains, instructing her to answer the questions.
Q: What is more important to you: being honest with this jury or being honest with Anderson Cooper?
AUSA: Objection.
Judge sustains, tells Avenatti to move on.
AUSA: Objection.
Judge sustains, tells Avenatti to move on.
Avenatti asks Daniels whether she admitted in her book whether her January 2018 statement denying her affair with Trump was "complete bullshit."
Daniels: "It is complete bullshit."
Daniels: "It is complete bullshit."
If you need to catch up on the background of the case or the story so far, read my coverage of the morning session here.
https://twitter.com/KlasfeldReports/status/1487116308382724105?s=20&t=tAq8mMJJncjsIz2zWTm3ng
Avenatti asked whether Daniels that as of Feb. 4, 2019, she believed that "everyone" was "fucking [her] over."
Q: Did you ever state to me on that date that 'Everyone was fucking you over'?
A: Yes.
Q: Did you ever state to me on that date that 'Everyone was fucking you over'?
A: Yes.
(Context: Avenatti falsely told Daniels at that point the publishers hadn't paid her third check, even though the agent sent it to him months earlier, prosecutors say.)
Avenatti asked about legal matters he worked on for her.
Q: I filed the NDA case on behalf, is that correct?
A: Yes.
Q: Did you win that case?
A: It was dismissed.
Q: Did you win the case?
A: I don't know.
He asks whether she told people she won.
Objection.
Sustained.
Q: I filed the NDA case on behalf, is that correct?
A: Yes.
Q: Did you win that case?
A: It was dismissed.
Q: Did you win the case?
A: I don't know.
He asks whether she told people she won.
Objection.
Sustained.
Avenatti: No further questions at this time. Ms. Daniels, thank you.
That was less than the six-hour cross examination than Avenatti estimated, though it was more than four hours.
Redirect begins.
Redirect begins.
AUSA starts off with Avenatti's q-s about Daniels believing "everyone" was fucking her over.
Q: That week, did you learn who was fucking you over?
Avenatti: Objection. Argumentative.
Sustained.
AUSA: That week, did you learn anything about your relationship with the defendant?
Q: That week, did you learn who was fucking you over?
Avenatti: Objection. Argumentative.
Sustained.
AUSA: That week, did you learn anything about your relationship with the defendant?
The prosecutor shows Daniels the message she sent Avenatti on Feb. 19, 2019, and asks her to describe it.
Daniels: I sent him a screenshot of the amount and dates of my payments that were sent to him instead of to me.
Daniels: I sent him a screenshot of the amount and dates of my payments that were sent to him instead of to me.
Re-cross:
Q: Isn't it true that you were interested in terminating the defamation case?
A: No.
He notes that she had her subsequent lawyer pursue it to the 9th Circuit.
Q: Isn't it true that you were interested in terminating the defamation case?
A: No.
He notes that she had her subsequent lawyer pursue it to the 9th Circuit.
Avenatti's last question doesn't connect:
Q: If you never wanted to pursue the defamation case, why did you pursue it for approximately three years?
AUSA: Objection.
Judge: Sustained.
Stormy Daniels is excused from the witness box.
Q: If you never wanted to pursue the defamation case, why did you pursue it for approximately three years?
AUSA: Objection.
Judge: Sustained.
Stormy Daniels is excused from the witness box.
Quote got botched here.
His claim was that she wasn't interested in terminating it but in pursuing it on appeal.
His claim was that she wasn't interested in terminating it but in pursuing it on appeal.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
