OK - it's US v. Avenatti Day 5, with Avenatti about to resume cross examination of Stormy Daniels. Inner City Press is covering the case (and related Nike case Geragos questions) innercitypress.com/sdnytrial8aven… and will live tweet, thread below
Judge Furman (to jury, just entered) I'm monitoring the weather but I don't think the storm will arrive so early as to impact our trial day.
Avenatti: How long have you been an actress?
Stormy Daniels: Since 2002.
Avenatti: So you are expert in reading scripts.
Avenatti: You said in prison there'll be a long line of people to a*s-rape me, didn't you?
Daniels: I don't remember.
Avenatti: You said it's handy you have your own line of lube how because you can just bring me a gift basket in prison?
Daniels: I did, on Twitter
Avenatti: What does "drop the soap" mean?
Stormy Daniels: It's a gay term.
Avenatti: Have you ever falsely accused anyone of a crime?
Stormy Daniels: Not to my knowledge.
Avenatti: So in New Orleans, you claim you experience poltergeist phenomena and unexplainable voices that prowled your home, right?
Stormy Daniels: Yes.
Avenatti: They invaded your life and relationship?
Stormy Daniels: That's on the Spooky Babes website
Avenatti: Your partner at the time was who?
Stormy Daniels: Denver Nicks.
Avenatti: He was never the director of your documentary, right?
Stormy Daniels: I don't have a documentary.
Avenatti: So if someone said he was the director of your documentary, that would be untrue, right?
AUSA; Objection!
Judge Furman: Sustained.
Avenatti: Let me ask about the dark entity in your house.
Stormy Daniels: I was told that by a medium.
Avenatti: Let's talk about this alleged television show. Has it ever aired on TV?
Stormy Daniels: No. It is in editing with --
Avenatti: Move to strike everything after "no."
Judge Furman: Denied.
Avenatti: You said Denver Nicks has not been the same since.
Stormy Daniels: I don't know. I haven't seen him in two years.
Avenatti: You said, He called you nuts and you moved out?
AUSA: Objection.
Judge Furman: I'll allow it, not for the truth but if it was said.
Avenatti: From time to time you pull up in front of the house in an Uber and you talk to the house?
Stormy Daniels: It's a TV show.
Avenatti: So you're making it up?
Stormy Daniels: No.
Avenatti: And you said a scan showed a blockage in your head?
Stormy Daniels: It was a reiki.
Judge Furman: Can you spell that?
Stormy Daniels: R-E-I-K-I
Avenatti: You said, I'm pretty sure saying I talk to dead people is ruining my court cases because there's your insanity dismissal, like, you know?
Stormy Daniels: Yes, I said that.
Avenatti: How do you speak with the dead?
Stormy Daniels: It just happens sometimes
Avenatti: Are you able to have conversations with them?
Stormy Daniels: Sometimes. I record them. Like remote viewing, into people homes.
Avenatti: How does it work?
Stormy Daniels: I don't know. That's the premise of the show.
Avenatti: Let me ask you about the doll Susan who calls you "Mommy, Mommy"?
Stormy Daniels: We don't know it was her. We assume.
Avenatti: You read tarot cards?
Stormy : Yes.
Avenatti: You charge people money?
Stormy Daniels: Technically they are oracle cards.
Avenatti: Who are the Dragons?
Stormy Daniels: Brandon Harraway, and Travis Miller.
Avenatti: Why do you call them the dragons?
Stormy Daniels: We use code names for checking into hotels, they call me Danny. Dragons is from Game of Thrones
Avenatti: You've done on podcasts about your book payments?
Stormy Daniels: I don't know.
Avenatti: You know who Michael Cohen is, right? And that's he's here today?
Stormy Daniels: Yes.
AUSA: Objection. Judge Furman: Sustained.
Avenatti: Didn't you say on Michael Cohen's podcast, I did get my 1st 2 payments?
Stormy Daniels: I said that.
Avenatti: You said, My last big check, he intercepted it by forging my signature & I have yet to see a royalty statement - is that true?
AUSA: Objection.
Stormy Daniels: I don't remember.
Avenatti: Yesterday you said you have a perfect memory, right?
Stormy Daniels: A photographic memory.
Avenatti: So did you get the last 2 payments?
Stormy Daniels: Maybe.
Avenatti: You said the Federal government planted 16 false charges on your criminal record?
Stormy Daniels: I never accused the FBI. They helped me resolve it.
Avenatti: You had been detained at the Canadian border --
AUSA: Objection.
Judge Furman: Sustained.
Avenatti: So in February 2018 you picked me as an attorney?
Stormy Daniels: I hired you.
Avenatti: You've said you had no choice?
Stormy Daniels: Yes, I said that. I was out of options.
Avenatti: I never sought you out?
Stormy Daniels: Not to my knowledge.
Avenatti: Did you and me and a guy called Sean Macias speak on a phone call?
Stormy Daniels: Not that I recall.
Avenatti: Did you understanding that, to a reasonable percentage, I would be entitled --
Stormy Daniels: Yes you are very entitled.
[Laughter]
Avenatti: When you work, do you expect to get paid?
Stormy Daniels: Of course.
Avenatti: Why do you say Of course?
Stormy Daniels: That's how we survive.
Avenatti: You know lawyers do not generally work for free?
Stormy Daniels: I would be shocked if you did.
Avenatti: Didn't my office prepare a legal complaint for you for use in Columbus, Ohio?
Stormy Daniels: Brewster refiled it differently.
Avenatti: You gave them 40% of your winnings?
AUSA: Objection
Judge Furman: Sustained.
Avenatti: You previously had a plea agreement with an attorney named Keith Davidson, right?
AUSA: Objection
Judge Furman: Sustained.
Avenatti: Have you ever paid Keith Davidson for the work he's done?
Judge Furman: Mr. Avenatti, we've been here before. Move on.
Avenatti: Didn't I write the dedicate to your book, to your daughter?
Stormy Daniels: Yes, that's true.
Avenatti: For your book, your advance has not been earned back, right? How many have been sold?
AUSA: Objection.
Judge Furman: Sustained.
Avenatti: You claimed it was on the NYT bestsellers list for 360 days - and you know it was false, right?
Stormy Daniels: I didn't give a number of days.
Avenatti: Did you ever agree with the statement?
Stormy Daniels: I don't remember.
Avenatti: Did you fire Mr. Janklow?
Stormy Daniels: I tried to.
Avenatti: Have you sent him a letter terminating him?
Stormy Daniels: No.
Avenatti: So he's still your book agent?
Stormy Daniels: I don't know. I don't know who is lying anymore.
Avenatti: Have you asked the prosecutors to charge Mr Janklow criminally?
Stormy Daniels: No. I don't know what they've done to me. That's why we're here.
Avenatti: None of the CrowdJustice money was supposed to go to you personally, correct?
Daniels: Correct.
Avenatti: But you asked me to give you $26,000 from the CrowdJustice money so that you can buy a personal truck?
Stormy Daniels: No, I did not.
Avenatti: You understand the payments to be for your security?
Stormy Daniels: That's Brandon's company.
Avenatti: Just before the 60 Minutes interview there were 2 video purchases, right?
Stormy Daniels: Yes.
Avenatti: One was Bubba the Love Sponge, and the other a polygraph in Vegas?
Stormy Daniels: Yes.
Avenatti: And the purchases cost $100,000?
Stormy Daniels: First I'm hearing it.
Judge Furman: Let's take a morning break. Jurors can go to the jury room, stretch your legs and use the facilities. Don't discuss the case.
[Stormy leaves room]
Judge Furman: Much as many might want to know what's on those two video tapes, but I assume you will not be asking, Mr. Avenatti. And I caution you not to ask the same question again and again. Do you understand?
Avenatti: Sometimes I don't know if it's as to form
AUSA: How much more of this?
Avenatti: Two to two and half hours.
Judge Furman: Okay let's take our break.
Thread will continue.
Story coming on InnerCityPress.com and patreon.com/MatthewRussell…
They've back - fast break.
Avenatti: You mentioned a reiki scan. Is that by a doctor?
Stormy Daniels: No, from Lisa, an energy worker and yoga instructor.
Avenatti: That's how you discovered the mass in your head.
Stormy Daniels: Yes.
Avenatti: Let me ask about your ex husband. Didn't you write me to drop the suit and stop giving interviews, because your husband was leaving you and taking your daughter?
AUSA: Objection.
Judge Furman: Sustained. [Because compound question?]
Avenatti: You're not suggesting I did not work to make sure the book was actually published?
Stormy Daniels: Of course not.
Avenatti: And when you signed the book deal and got $212,000 you know Mr. Janklow had taken a percentage from the first payment.
Stormy Daniels: Yes.
Avenatti: And you hadn't signed an agreement with Mr. Janklow yet?
Stormy Daniels: I had not. But we had a verbal agreement. You'd said you'd seen the agreement.
Avenatti: Move to strike the second part of the answer.
Judge Furman: No.
Avenatti: Do you see here under deposits, the money from CrowdJustice?
Stormy Daniels: Yes.
Avenatti: The transfers to my law firm, you don't think they were improper, do you?
AUSA: Objection.
Judge Furman: Sustained.
Avenatti: After Glenn cleaned out your bank account, you gave money to others --
AUSA: Objection.
Judge Furman: Overruled.
Stormy Daniels: You've got the wrong date
Avenatti: You gave funds to Denver Nicks, to hide from Glenn, in his parents' safe in Oklahoma, didn't you?
AUSA: Objection.
Judge Furman: Sustained
Avenatti: Mr. Nicks, what did he do for you?
Stormy Daniels: He was my publicist.
Avenatti: You also had a romantic relationship, right?
Stormy Daniels: Yes.
Avenatti: You told Mr Nicks about the book payments?
Stormy Daniels: Yes. We lived together.
Avenatti: You did a TV interview with Don Lemon about your book, right?
Stormy Daniels: You were with me. Yes.
Avenatti: And you said, Michael and I are in contact every single day?
Stormy Daniels: Yes.
Avenatti: Wasn't it true I was typically nice and respectful to you?
Stormy Daniels: No. You lied to me.
Avenatti: Didn't you tell the government I was nice and respectful?
Stormy Daniels: I was wrong.
Avenatti: Move to strike.
Avenatti: Didn't you tell the New York Times that watching me work was like watching the Sistine Chapel painted?
Stormy Daniels: That's that you told me to say.
Avenatti: Before you hired me, you researched me, right?
Stormy Daniels: I Googled you the night before.
Avenatti: Didn't you use Wikipedia?
Stormy Daniels: Yes.
Avenatti: Did you write on Twitter, I am not touching those funds, dipsh*t?
Stormy Daniels: No but I'm sure I did.
Avenatti: So, nobody writes your tweets?
Judge Furman: Clarify the question - SOMEbody writes the tweets.
Avenatti: You're right, terrible question.
Avenatti: You post your own Tweets?
Stormy Daniel: I do.
Avenatti: Glenn said you were being dramatic, saying you needed two security guards?
Judge Furman: Let's take our lunch break now.
With jury and Stormy Daniels out of the room, Avenatti says he may have less than an hour left.
Judge Furman: Since Mr. Avenatti's subpoena productions are due tomorrow, I'd suggest the US not rest its case until Monday.
AUSA: We were going to ask the same.
Avenatti: I offered a text message as a prior inconsistent statement (about the Bank of America account being or not being closed)
AUSA: We object.
Judge Furman: We'll leave it where it is.
Update: during the break, in the SDNY cafeteria, Inner City Press can (cautiously) report that the three Federal Defenders, as standby counsel, ARE actively participating. The 4 were at their table, with one of the FDs showing an outline to Avenatti. #PlainSight
They've back:
Avenatti: Who did you ask to represent you in the case about Donald Trump?
Stormy Daniels: A man named Sean [Macias]
Avenatti: You said you always tell the truth but that's not true, is it?
AUSA: Objection!
Judge Furman: Ask your next question.
Avenatti: I offer exhibit K.
Judge Furman: I reserve judgment.
Avenatti: I'll ask one more foundational question. This is not true, is it?
Stormy Daniels: No, it is not true.
Avenatti: Defense offers K.
Judge Furman: Denied.
Avenatti: You knew that letter would be sent out to millions.
Stormy Daniels: Yes, the attorney told me --
Avenatti: Move to strike everything after Yes.
Judge Furman: Yes.
Avenatti: You denied a romantic encounter with Donald Trump
Stormy: It was not romantic.
Avenatti: You said, rumors that I have received hush money from Donald Trump was complete false. But that was false, wasn't it?
Stormy Daniels: No. Cohen paid me.
Avenatti: On behalf of Donald Trump.
Stormy Daniels: Yes.
Stormy Daniels: I did not have a relationship with Donald Trump.
Avenatti: Defense offers Exhibit K.
Judge Furman: Again, denied.
Avenatti: Ms. Daniels, what is a fact?
AUSA: Objection.
Judge Furman: Sustained.
Avenatti: With Anderson Cooper, were you truthful?
Stormy Daniels: Yes.
Avenatti: Cooper asked you if that statement was a lie and you said it was.
Stormy Daniels: I don't consider getting grabbing coming out of a bathroom to be a relationship.
Avenatti: Ms. Daniels, what is more important to you, being honest with this jury or being honest to Anderson Cooper?
AUSA: Objection!
Judge Furman: Sustained. I ask you to move on to a new topic.
Avenatti: I'd like to offer S14 and S15.
Judge Furman: Denied.
Avenatti: Didn't you state in your book that the January 2018 statement was "complete bullsh*t"?
Stormy Daniels: It is complete bullsh*t.
Avenatti: Didn't your book admit you lied to Glenn?
Stormy Daniels: It was before I knew him. It wasn't a lie, it was a secret.
Avenatti: And you had your husband send your two long time friends an email calling them fa**ots?
AUSA: Objection!
Judge Furman: Sustained. And strike the question.
Avenatti: And you fired your Dragons?
Stormy Daniels: I asked you to fire them.
Avenatti: Ms. Daniels, did you ever state to me that everyone was f*cking you over?
Stormy Daniels: Yes.
Avenatti: You have been ordered to pay Donald Trump $300,000 in attorneys fees?
Stormy Daniels: Yes.
Avenatti: And you blame me for that?
Stormy Daniels: Yes.
Avenatti: Ms. Daniels, do you wish to change any of your answers given in this matter?
AUSA: Objection!
Judge Furman: Sustained. Are we coming to a close?
Avenatti: Yes. Ms. Daniels, how many matters did me and my firm help you with?
Stormy Daniels: I don't know.
Avenatti: Do you have any proof that I ever said I would not take a fee for your book deal?
AUSA: Objection!
Judge Furman: Sustained.
Avenatti: No further questions at this time.
Redirect:
AUSA: Ms. Daniels, did you learn who was f*cking you over?
Avenatti: Objection! Argumentative!
AUSA: Did you sign statements with respect to Mr. Trump?
Stormy Daniels: Yes.
AUSA: Does it have anything to do with you book deal?
Stormy Daniels: No.
AUSA: What did Mr. Avenatti write to you, here in September 2018?
Stormy Daniels: That he would find out for me, about the St. Martin's payment.
AUSA: And did he?
Stormy Daniels: No.
AUSA: No further questions.
Re-cross:
Avenatti: Isn't it true you were interested in the defamation case?
Stormy Daniels: No.
Avenatti: Did you pursue it for two more years, after I terminated you as a client?
AUSA: Objection.
Judge Furman: Sustained. Ms. Daniels, you are excused.
Next US witness: Elizabeth Beier, an editor at St. Martin's Press.
[Gonna run outside to see if Stormy Daniels speaks on her way out of the courthouse. Thread will continue]
[Stormy Daniels took elevator down to SDNY garage - not speaking. Back in court: Elizabeth Bieir of St. Martin's on the stand]
Bieir: I wanted to use a picture at the front of the book, of Ms. Daniels as a young girl on a horse. I needed permission.
Bieir: We had a code name for the book, October Project. We didn't want anyone who didn't need to know, to know. Ms. Daniels was not suppose to do any press. It's hard to get people to care about a new book. To our dismay she did Dutch TV and it got back to the US
AUSA: Did there come a time you considered not making the fourth payment?
Bieir: Yes - it required three weeks of publicity and we weren't getting it.
Judge Furman: We'll call it for the day, and the week. I expect you'll get the case next week
[With jury and Ms. Bieir's gone:]
Avenatti: Based on what Ms. Bieir has said, I definitely intend to re-call Mr. Janklow... And while I have not made a decision, I am strongly leaning toward testifying.
AUSA: We would be inquiring into the Nike conduct and the California conduct.
Avenatti: Then I would be calling a number of those California witness and this trial will be getting a lot longer.
Judge Furman: I'd still like briefing on the quantum meruit issues.
Avenatti: I'd like until 8 am Monday.
Judge Furman: I'll give you until then. If you can on Sunday night, even late, I can read it.
Avenatti: I'm going to sharpen my pencil over the weekend.
Avenatti: Some people are dodging or disregarding my subpoena. I may ask for them to be declared material witnesses.
Judge Furman: Seek your relief as timely as you can. I got an email from counsel to Mr. Loupe, not cc-ed to the parties, from Mr. Palma.
Judge Furman: If he doesn't file it, it's not a judicial document.
[But see US v. Maxwell: press requests to unseal submitted but not docketed by the Court]
Judge Furman: I will tell Mr. Palma to file or not file.
Judge Furman: See you Monday.
All rise!
Story later - today, we're going straight out for Avenatti-Watch a/k/a Foley Square Follies. watch this feed.
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OK - in opioids trial against Larry Doud of Rochester Drug Co-op, it's the final day of witnesses. Judge Daniels has criticized Doud's lawyer's argument about yesterday's cooperator. Inner City Press will live tweet, thread below
In the morning there was a Doud "character witness" who said she could not think of a single negative adjective to apply to Doud. Now an expert is disagreeing with / rebutting the government's / taxpayers' $900/hour expert Cutler of Harvard
Q: Was Larry Doud incented to sell controlled substances based on his compensation structure?
Objection!
Judge Daniels: Sustained. I'm not sure he's qualified to answer.
OK - it's US v. Avenatti, Day 4 of Stormy Daniels trial, with #Avenatti still cross-examining lawyer Macias about what social media posts he's read during the trial. Inner City Press is posting innercitypress.com/sdnytrial6aven… and will live tweet, thread below
Avenatti: Did you meet with the prosecutors on WebEx?
Macias: Yes.
Judge Furman: Is that a platform like Zoom or Microsoft Teams?
Avenatti: Mr. Macias, wasn't your home searched by the government?
Macias: Absolutely not.
Avenatti: Is it your testimony your office or home has not been searched?
Judge Furman: May we have a sidebar, Mr. Avenatti?
[Whispered sidebar]
OK - opioids trial of US v. Larry Doud of Rochester Drug Co-operative nearing end, Judge Daniels has been asking defense lawyer Gottlieb why witnesses not ready, now a pharmacist on stand. Inner City Press covering the case & will live tweet as it can, thread below
Pharmacy owner: I signed up with RDC, it was easy. The customers were re-selling the pills, unfortunately.
AUSA: And your pharmacist?
Owner: He basically slept all day.
AUSA: Is this is a photo of him sleeping?
Owner: Yes.
AUSA: Did you fill prescriptions for Doctors like Suarez and Carl Anderson?
Owner(Paulson, of "Regal Remedies" on Staten Island) Yes.
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
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.
OK - opioids trial of US v. Larry Doud of Rochester Drug Co-operative keeps chugging along, alongside Judge Daniels' fairness hearing in an unrelated class action. Inner City Press covering the case & will live tweet as it can, thread below
Judge Daniels is ruling on prosecutors' request to exclude a slew of defense exhibits. He is allowing some in, "to demonstrate that at the time the defendant made his statements, he was not part of a conspiracy," or try to demonstrate that.
Defense lawyer Gottlieb: Any statements made by people about Lindencare being in compliance, they are not being introduced for the truth of the matter asserted --
Judge Daniels: I don't agree. It's not probative of whether Mr. Doud was involved in a conspiracy
OK - US v. Avenatti, Stormy Daniels case, Day 2. Literary agent Luke Janklow still on the stand, cross-examined by Avenatti's taxpayer-funded Federal Defender. Inner City Press is covering the case matthewrussellleeicp.substack.com/p/in-stormy-da… and will live tweet, thread below
Federal Defender Dalack: So here you called Sally Richardson saying only $200,000 in first payment was "asinine publishing bulls*it."
Janklow: It's a colloquialism.
Federal Defender: And Mr. Avenatti wanted $300,000 up front.
Janklow: Yes.
Federal Defender: And you told Mr. Avenatti about "Fire and Fury." What's that?
Janklow: Another Trump book. It made a lot of money.
[Inner City Press: even with the free leaked PDF out there]
Federal Defender: You trusted Mr. Avenatti, right?
Janklow: Yes.