Thread by @KlasfeldReports

Good morning from New York.

It’s Groundhog Day… again, which means proceedings in yet another federal trial against Michael Avenatti.

Closing arguments are expected to start this morning in the Stormy Daniels case.

Follow along here, @lawcrimenews

"All rise"

The jury is entering.

Assistant U.S. Attorney Robert Sobelman is up:

"The defendant was a lawyer who stole from his own client. She thought that he was her own advocate, but he betrayed her."

And he told lies to cover it up, the AUSA says.

"The defendant's lies and betrayal were exposed."

That line very much echoes that the one by Assistant U.S. Attorney Andrew Rohrbach during opening statements a little more than a week ago. lawandcrime.com/uncategorized/…

AUSA:

"He lied to Ms. Daniels for months to cover it up."

In February 2019, Avenatti got caught up in his own "web of lies," he adds.

The prosecutor says the jury has a "mountain of evidence" before it.

AUSA: "You saw a lot of text messages between the defendant and Ms. Daniels," which are "devastating" evidence of how Avenatti "strung her along" for months with "lie after lie."

AUSA: Why did the defendant lie in those messages? He knew that [the money] did not belong to him. He stole it.

Prosecutors show this text exchange between Avenatti and Daniels to the jury, noting that the publisher wasn't late with the payment, as she thought.

Avenatti had it and didn't tell her, he notes.

The prosecutor shows the jury a similar exchange from October 2018.

AUSA: That was false. The publisher didn't owe Ms. Daniels anything. It was the defendant who took her money.

The prosecutor refers to another species of responses to Daniels's requests for payments, which he calls Avenatti's "let-me-check lies."

It's illustrated by this exchange.

AUSA: Another category of lies was telling Daniels that he would threaten litigation against the publisher to get the money.

In fact, he says, the publisher sent Avenatti the money and he spent it by that time.

Note: I deleted an old version of the previous tweet for clarity and grammar.

Prosecution slide—

"The Defendant Broke Rules to Steal Money"

"When a lawyer receives any money on behalf of a client, the lawyer must deposit the money into a bank account labeled as a client trust bank account, and must promptly notify the client of the receipt of the funds."

AUSA says that Avenatti also broke notification rule.

Prosecution slide: "The Defendant Was Desperate for Money"

Avenatti's assistant testified that his law firm couldn't afford the basics, like rent and health insurance, the prosecutor noted.

AUSA: "The defendant's law firm was broke. That is one of the reasons that he stole Ms. Daniels's money."

AUSA: "That explains why he stole Ms. Daniels's money, but it doesn't excuse his crimes."

AUSA says that another reason the jury should know Avenatti is guilty is that he "played dumb when he got caught."

AUSA says of Daniels: "She could not believe that her trusted lawyer could have lied to her every day for months."

He shows this text message as an example of Avenatti "playing dumb."

The exchange continues.

AUSA: "She told you that this was her 'mic drop' moment."

That moment is illustrated in these texts from Feb. 19, 2019.

Avenatti claims that he was entitled to a portion of Daniels's book advance, but the prosecutor says that text messages demolish that defense.

AUSA: "If he thought the money was actually his, he would have just said so."

The prosecutor skewers what he calls Avenatti's "'I deserve it' defense."

Whatever work Avenatti did for Daniels does not give him a "free pass" to defraud her, he tells the jury.

AUSA Sobelman takes on Avenatti's "distraction" about Stormy Daniels's belief in the paranormal:

"Has she had some unusual experiences? Yes. Does she have some unusual beliefs? Sure."

Defense summation begins.

Avenatti: "Ladies and gentlemen, good morning."

He talks about his father selling hot dogs at a ballpark.

Objection.
Sustained.

Avenatti: "The government just told you a lot of things. They just represented to you a lot of things. So let's deal with one of the things that they just represented to you moments ago."

He focuses on the claim that he kept Daniels away from her agent, Luke Janklow.

Avenatti quotes Janklow calling Stormy Daniels "impulsively mercenary" in November 2018.

"Now, let's talk about Ms. Daniels. Some of you may admire Ms. Daniels," Avenatti says.

He says that he understands that because he did,too.

Avenatti:

"I was her advocate. I was her champion. The evidence shows that I put it all on the line for Ms. Daniels because I believed in her, and I waned to help her. I too admired her, perhaps more than anyone else in her life."

Avenatti: "Let's talk about attorneys. A lot of people don't like attorneys."

But when you need one, you need one, he says.

Avenatti says that Daniels needed one who wouldn't be scared off to go up against Trump.

"I didn't agree to do it for free. Attorneys, like most professionals, cost money."

Michael Avenatti: "Let me be clear: Michael Avenatti never committed the crime of wire fraud. Michael Avenatti never committed the crime of aggravated identity theft."

Michael Avenatti adds later:

"There is insufficient evidence to show that Michael Avenatti ever intended to harm Stormy Daniels."

(Note: There was a long exchange yesterday about how Michael Avenatti's use of the third person could avert lapsing into testimony, which would not be permitted during summations.)

Avenatti: "People expect to be paid for what they do. There is nothing controversial, or should not be anything controversial, about that basic concept."

Avenatti: "The evidence shows that we took the fight to Donald Trump, and the evidence shows that we had success in doing shows."

He says that the evidence shows that was the reason for the book deal.

Avenatti: "The evidence shows that I was instrumental in securing the book deal, finalizing the book deal," working with Daniels's agent and working on PR to make sure the book showed.

Michael Avenatti:

"According to the government, Michael Avenatti could never have believed that he had the right to be paid. That is ludicrous, and it is not supported by the evidence."

Avenatti: "Ladies and gentlemen, this was my money. This was the firm's money. This wasn't Ms. Daniels's money."

Typo: ***sold, not "showed."

Catch up on summations so far, with relevant background, here. lawandcrime.com/live-trials/li…

A saying that Avenatti repeats throughout summations—and previously in the trial:

"Once again, a trial is a fight for credibility."

He tells the jury that the judge will instruct them if the defendant has a reasonable belief that the money is his, even if that belief is mistaken, they must find him not guilty.

Throughout Avenatti's summation, the government objects whenever he appears to lapse into testimony.

Judge Furman repeatedly reminds the jury that his remarks are not evidence.

Avenatti: "Then we get to the big lie."

He points to questions from Judge Furman to Daniels.

Judge Furman: Is it correct that you never said to Mr. Avenatti that this account was closed?

Daniels: No.

Court: No?

Daniels: I didn't tell him it was closed.

That answer from Daniels was completely false, Avenatti claims.

Avenatti: "Ms. Daniels lied on the stand."

He claims that Daniels was trying to keep money hidden from her then-husband.

Avenatti asks for proof that he said he wouldn't take any portion of the book deal.

"Where is that text message? Where is that email? Where is that voicemail?"

"It doesn't exist."

Repeated prosecutorial objections on the grounds that the government is not on trial.

Avenatti says the evidence shows that he could have communicated better with Ms. Daniels.

"There is no question about that, and I accept responsibility for that."

Objection.
Sustained, and the jury will disregard that statement.

"We were drowning in work," he says, comparing that that period to "drinking out of a firehouse."

During this soliloquy, the government objects, and the judge reminds the jury this is argument, not testimony.

Avenatti: "Ladies and gentlemen, failing to communicate effectively is not a crime."

Avenatti emphasizes the presumption of innocence.

"I don't even have to be up here speaking to you now. The entire burden rests with the government. It is their obligation, and it is their obligation to prove this case and every element of the case beyond a reasonable doubt."

(Deleted a prior version of the above tweet to correct an obvious typo—and then took a big sip of my morning coffee.)

Avenatti: "To conclude, I will leave you with this. I'm Italian. I like Italian food."

Objection.
Sustained.

Avenatti:

"The case the government is trying to feed you has a giant cockroach in the middle of the plate. Would you eat that dish or would you send it back? I submit that you would sent it back."

Back from the lunch break.

AUSA Podolsky is up for the prosecution rebuttal summation.

"The defendant's arguments in this case do not make sense."

AUSA to Avenatti: "That man took someone else's money. That's what this case is about."

AUSA:

"One of the things you would not do" if you thought you deserved the money "is lie."

Podolsky notes that Avenatti did get paid—via the crowdfunding method provided in the contract.

He wasn't entitled to more, he adds.

Podolsky on Avenatti attacking Stormy Daniels's paranormal beliefs:

"Ask yourself: What does any of that have to do with anything, anything?"

"She can believe whatever she wants and still be stolen from by the defendant and still deserve not to be."

AUSA: "The defendant cannot even articulate what she might be lying about."

Referring to Avenatti's text messages claiming not to know about Stormy Daniels's payment, the AUSA asks: "Ask yourself one simple question, why did he lie?"

The prosecutor says there's only one answer to that question: because Avenatti is guilty.

Rebuttal summations conclude.

Typo:

* fire hose