Tweet

@TheJusticeDept

More from @meghanncuniff

Meghann Cuniff

@meghanncuniff

Feb 7

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.

@Nike

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.

https://twitter.com/meghanncuniff/status/1487249033697583108

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.

Read 11 tweets

Meghann Cuniff

@meghanncuniff

Feb 4

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.

Read 25 tweets

Meghann Cuniff

@meghanncuniff

Feb 4

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?

Read 55 tweets

Meghann Cuniff

@meghanncuniff

Feb 3

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.”

Read 24 tweets

Meghann Cuniff

@meghanncuniff

Feb 2

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.

Read 97 tweets

Meghann Cuniff

@meghanncuniff

Feb 1

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.

Read 104 tweets

Share this page!

Meghann Cuniff

Try unrolling a thread yourself!

More from @meghanncuniff

Meghann Cuniff

Meghann Cuniff

Meghann Cuniff

Meghann Cuniff

Meghann Cuniff

Meghann Cuniff

Did Thread Reader help you today?

Don't want to be a Premium member but still want to support us?

Like this author's thread?