Thread by @ricfouad

#Avenatti trial full of surprises. Some thoughts:

1. He grilled #StormyDaniels on paranormal claims, her speaking w her doll, speaking w her haunted house, speaking w spirits, etc., & then her ex leaving her bc ex said she was unhinged. Why? *Laying foundation to argue to

jury that her testimony is unreliable, has gaps, includes imaginary events.*

2. He pulled rabbit from hat today: Gov's case hinges on fax Avenatti sent to Daniels' publisher, changing wire instructions from Daniels' private bank account to client trust account he set up for her.

Avenatti forged her sig on fax—smoking gun. But after getting her to testify she never told him she closed old account, he produced text from her saying she did close it. Significance? Same day of fax w her sig forged; i.e., has laid foundation to explain most damning evidence.

3. If you take the two together, he may be able to create reasonable doubt in jurors' minds—that's all he needs for acquittal.

4. US Attorneys—especially Solberman—are putting on evidence clinic. Mastery of rules is impressive—objecting to abt 75% of Avenatti Q's, sustained by

judge abt 90% of time. Much younger than Avenatti but no substitute for knowing rules & pouncing each time Avenatti violates them, which is often.

5. Avenatti again own worst enemy. Massacring evidence rules, mangling Q's. Some is elementary; e.g., clumsy compound Q's. Young US

Attorneys feast on this. His "standby counsel" (whom he fired on day one) seem physically contorted watching it. Avenatti may be smart/experienced, but he's in over his head in criminal trial, where his own liberty is at stake: can't wing it.

6. Judge Furman very impressive. His

focus is remarkable—we're in audience drifting in & out, but he's monitoring entire process meticulously & issuing staccato rulings on torrent of objections gov keeps making. Also running insanely tight ship: gave jurors 5-minute leg-stretch break today, bc trial moving along—

but deducted that 5 minutes from lunch break! Is no-nonsense abt plethora of pending motions, novel Q's, etc. Also very polite. In short, Judge Furman also putting on clinic, a treat to observe.

7. Haven't seen mention of it, so will note: something incongruous abt feds pursuing

Avenatti at all over alleged $300K wire fraud ($150K if you deduct funds he repaid). SDNY regularly passes on cases this size: is Avenatti exception? If so, why? To be clear, that part isn't abt guilt or innocence—but if feds are passing on other cases w similar sums, what makes

Avenatti different? (I want all crimes prosecuted & am appalled that citizens harmed by criminals face prosecutors telling them cases not large enough to warrant resource expenditure. This is variation on major criticism I have of prosecutorial discretion generally). Unless

someone can provide explanation, we shld note Avenatti has point when he claims he's being singled out.

8. Case is far richer than I can do justice here—Avenatti's retainer agreement alone is tutorial on misconduct (some provisions are at best unenforceable & at worst breach of

fiduciary duty). But anyway what began IMO as open-&-shut may be veering into territory where Avenatti creates reasonable doubt needed to walk.

That's all for now. If I get to trial next week, will add more. We have huge storm coming, pls stay safe, all, & tks for reading.

*Correction: fired attys on 2d day.

Also, one more surprise: #StormyDaniels testified #Avenatti filed her defamation action against Trump over her objections. Case was dismissed w $300K sanction against her (SLAPP statute). If true, just shocking: from go was an awful move.