“What if he was distracted? What if he just wasn’t paying attention?” Here’s my @lawdotcom article on the opening day of @JeffFortenberry’s federal criminal trial. bit.ly/3tilugu
I didn't make the trip up for Fortenberry trial today but will be back next week. They are only going until 1 today, and I expect Glen Summers' cross of @FBI agent will take up day. Summers was running into issues yesterday, with Judge Blumenfeld telling him to tone it down.
Summers ran into the same kind of problems in the last 15 minutes or so of his 40-minute opening, with Judge Blumenfeld repeatedly warning him not to argue the evidence. (It was all a shining example of why opening statements should NOT be called opening arguments.)
One witness Summers said we'll hear from next week is @UF alum and former @NRCC, @NRSC counsel @JessFurst, who Summers described as totally dismissive of Fortenberry when he called her after the June 2018 call that turned out to be an @FBI ruse. bit.ly/3tilugu
Fortenberry told House he can’t attend votes “due to the ongoing public health emergency” and didn’t mention that he’s in LA on trial for three felonies, and @NE_Examiner is still kind enough to say merely that he “might not be telling … the whole truth.” bit.ly/3KSnFgI
Thanks to @politico for the shoutout today on the Fortenberry coverage. May my Twitter threads always be described as “robust.” 🙏 politi.co/3JnGvMg
.@PaulHammelNE on the Fortenberry trial aka “Toto, we’re not in Nebraska anymore.”
“Now he’s fighting for his political future in a downtown Los Angeles courthouse that has hosted Hollywood celebrities including Katy Perry, Dan Akroyd and Paris Hilton.” bit.ly/3CW2lUA
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Amid the #J6 Chapman subpoena fight with Judge Carter, John Eastman just took the mic as the dinner speaker at the California Republican Assembly’s convention here at the Knott’s Berry Farm Hotel in Buena Park, California. The crowd is small but very receptive.
An InfoWars banner was the first thing I saw when I walked up the stairs to the dinner room.
Here’s the scene. Eastman started by talking about authoritarianism and COVID restrictions and has since moved into the 2020 election and the Arizona audit.
Michael Avenatti's lawyers in the Stormy Daniels case want his May 24 sentencing delayed by 60 days, so they can "prepare and obtain mitigation related to loss-amount arguments" which is crucial to wire fraud prison sentences. Filed tonight.
As I said back in February, New York prosecutors have said the total dollar amount loss here is $148,750, the amount of @StormyDaniels' third book payment that to this day she's never received.
Avenatti also took Stormy's second $148,750 payment, but he ended up giving her the money a few weeks later, the same day he got a $250,000 loan from @markgeragos, as lawyer Sean Macias' testimony revealed in the Stormy trial in Manhattan last month. bit.ly/3rEwy6P
Chapman's lawyer filed his opposition to John Eastman's request for discovery from the university, including depositions, about his previous election work. "This will take considerable time and impose significant burden and expense on Chapman." bit.ly/3wptezn
Here's the request from Eastman that @ChapmanU is opposing, filed last night. He's worried the judge is going to say he can't claim privilege over any of the emails subpoenaed by @January6thCmte because they're Chapman's property. bit.ly/3ua87Oz
ICYMI, here's my last @lawdotcom story about Judge Carter's decision to privately review John Eastman's Chapman Jan. 4-7, 2021, emails and decide which can be released to the #J6 committee. bit.ly/3pT9GPE
Just in: Judge Carter has ordered in camera review of John Eastman’s Chapman emails between Jan. 4-7, 2021. “As the Court has previously noted, the evidence suggests that communications from those days are essential to the Select Committee’s pressing investigation.”
Importantly, Judge Carter does not use the phrase “crime-fraud exception” anywhere in this (short) order. He also cautions that “reading the emails does not mean that the Court will ultimately require disclosure.” A much longer opinion is in store.
I'm working on another article, but in the meantime here's my @lawdotcom coverage of yesterday's hearing. bit.ly/35IfYuD
Regarding Eastman-Jan. 6 Committee case with Judge Carter, the panel has a pretty good answer to Eastman's notice regarding the recent dismissal of a #J6 obstruction charge. A judge in another case is declining to dismiss obstruction, saying Nichols' opinion doesn't apply. 🧵
The obstruction dismissal from Judge Nichols in the Garret Miller case has gotten a lot of attention. Eastman's lawyers filed the opinion with Carter yesterday, telling him it changes the standard for obstruction, i.e. makes it harder for the panel's crime-fraud exception claim.
But it's just a trial court order, and as @emptywheel pointed out yesterday, Judge Contreras said of Nichols "I don't find his argument particularly persuasive" when saying he won't dismiss obstruction against another accused Capitol rioter, John Andries.
It’s almost 9 am here in California, which means it’s almost time for John Eastman’s hearing over the Jan. 6 Committee’s subpoenas to Chapman University. I’ll be sharing updates on this thread so stay tuned. ⚖️🧵⚖️
John Eastman and his lawyer Charles Burnham and House Counsel Doug Letter are appearing via video. Eastman has a portrait of Ronald Reagan visible.
Letter is in a big conference room, and when the court clerk asked him to test his audio, he said, “This is Doug Letter. I’m really, really happy to be here. Maybe I’m talking loud enough. Maybe I’m not. My granddaughter took her first steps a week ago."