Here's Judge Jesse Furman's order today reiterating what was said in court on Friday: Michael Avenatti is to turn himself into the U.S. Marshals in the Central District of California by 5 p.m. today.
It's a busy day for Avenatti. Not only is he to be in jail as of tonight, his reply brief is due in his 9th Circuit appeal. Attorney Howard Srebnick (from @Nike trial) is representing him pro bono, and Srebnick got a deadline extension last week.
Srebnick's extension request cited in part the Stormy Daniels trial, but I'm not sure Avenatti has had much time since then to work with Srebnick on this reply brief.
Regarding 9th Circuit appeal, here's Avenatti's opening brief, filed back in December.
"Beginning then and continuing through August 2021 - a period of 29 months - the government repeatedly and knowingly withheld critical Brady material from defendant." bit.ly/3GziZKf
Here's @USAO_LosAngeles' answering brief. "Had defendant asked for any Tabs data (as he asked for Quickbooks data) by name, the filter team would have been able to locate it and would have produced it to the defense and to the prosecution team..." bit.ly/31LtpYO
I’ve confirmed Avenatti will be turning himself in here at the federal courthouse in Santa Ana, California, by 5 pm. He hasn’t come through yet, but security is expecting him. Quiet day around here otherwise.
Here's Avenatti's recently filed application with Judge Selna to be housed at the Santa Ana jail. "Housing me at the MDC will make this process practically impossible and substantially interfere with my ability to mount a defense in this case." bit.ly/35XybUM
The request encompasses the tricky jurisdiction issues in Avenatti's cross-country judicial saga. It says @USAO_LosAngeles doesn't think Selna has jurisdiction, but Avenatti writes: "Judge Furman’s Order is silent as to where defendant is to be housed..." bit.ly/35XybUM
Under Selna's most recent custody order in the California case, Avenatti was released from jail to home confinement because of his COVID risk. I wonder if Selna will say he needs to formally request his COVID release be rescinded in order for Selna to say which jail he can go to?
Avenatti's reply brief to @USAO_LosAngeles in his 9th Circuit appeal is in. It keeps with a theme heard in last summer's trial: "Zero. That is the number of times the government offers any explanation or remorse for its numerous misrepresentations..." bit.ly/34hBHJf
Here’s Michael Avenatti going through security to turn himself in at the federal courthouse in Santa Ana, California, just a minute ago.
Avenatti slipped in and headed upstairs with one of his paralegals and his standby counsel in the California case, Dean Steward and Court eh Cummings Cefali.
Avenatti showed up in a black Buick Enclave driven by his paralegal, got out, then saw another photographer and got back in. Paralegal circled and dropped him off in front and he went in, then she parked and went in, too.
It’s really unclear why Avenatti agreed to surrender. He won’t stipulate to basic evidence stuff in trial, but he’ll agree to go to jail? He does have a report date looming for his 30-month Nike sentence, but with California case still pending he could have argued for delay.
There was some talk in the courtroom that Judge Furman would order Avenatti remanded on the spot if prosecutors asked, just based on the way the judge had been lighting him up all trial. Others said it was unlikely, but maybe that was a factor in agreeing to surrender Monday?
Fixed this one: Regarding courtroom reaction, Avenatti had his head down with a red face. One of two women who’s been in court for him every day was sitting in a chair next to me, crying softly. His two paralegals from the California case were in court, too.
Here’s Avenatti’s opposition to prosecutors’ proposed supplemental jury instruction. “Absent additional requests for clarification, any jury instruction will be given undue weight, cause severe prejudice, and direct a verdict against the defendant.” bit.ly/332yiNO
If there ever were a sign of worried prosecutors, this proposed jury instruction would be it. Judge Furman said at the charging conference he’d “throw Mr. Avenatti a bone” regarding the good faith instruction. But prosecutors now seem to realize it misstated the law.
Too late? After basically re-reading the good faith instruction yesterday sans one small change, Furman took the highly unusual step of inviting the jury to contact the court if they needed more clarification. Can he then on his own offer more clarity unless they request?
A hung jury already? Everyone’s gathering in court for a jury note, and Avenatti’s federal defender Robert Baum told someone in the courtroom that the note says they can’t reach a verdict.
I imagine Judge Furman will read the jury what’s called an Allen instruction to tell them to keep deliberating as I’ve heard done in other trials, because they’ve only been deliberating about 4 1/2 hours. fija.org/library-and-re…
As expected, Judge Furman read an instruction telling the jury to keep deliberating. Avenatti told a reporter in the courtroom afterward: “I’m certainly feeling a lot better now. Evidently the case isn’t nearly as clear cut as the government wanted to believe.”
It’s the morning of closing arguments in Michael Avenatti’s Stormy Daniels trial here at 500 Pearl Street in Manhattan. This will be the first time Avenatti’s given a closing argument, after his mistrial in California last summer. Check back here for updates. ⚖️🧵⚖️
Avenatti is under tight restrictions in his closing, with U.S. District Judge Jesse Furman threatening to make him refer to himself in the third person if he injects testimony into his closing that would only be appropriate if he’d taken the stand in his defense, which he didn’t.
One thing - that “It depends on how you define a bill” answer Avenatti gave when Furman asked if he’d ever billed Stormy. I think he was referring to that list of case costs he sent her after they parted ways in February 2019 after she realized he’s taken her book deal money.
It’s the seventh day of testimony in Michael Avenatti’s federal wire fraud trial involving Stormy Daniels, and he’s to call his first witness in his defense case at 9 a.m. today. Case should be with the jury tomorrow. Follow this thread for updates. ⚖️🧵⚖️
First witness is expected to be Stormy’s friend Justin Loupe, who Avenatti is to question about the quality of Stormy’s memory. He had a motion to quash in, but he withdrew it in what Judge Furman said last week was a bizarre email to the court from his lawyer, Richard Palma.
Then he flew back to New Orleans over the weekend. But his subpoena is still active, so he could be back this morning.
Avenatti said yesterday he likely won’t testify, which follows prosecutors detailing their plans to ask him about the Nike convictions and the California case.