Here’s a courtroom switch: Brian Panish is one of the nation’s top trial lawyers. His current cases include the wrongful death lawsuit against Alec Baldwin. But today he’s not at the lectern, he’s on the witness stand in an @OCSuperiorCourt lawsuit involving Michael Avenatti.
Here’s Panish taking the oath. (I was allowed to take photos but had to stay where I’m seated so hence the angle.)
Here’s my @lawdotcom article explaining Panish’s involvement in this case. He’s a witness for his ex-clients (and Avenatti’s) who are being sued by his ex co-counsel over a $5.4 million attorney fee everyone agrees Avenatti kept for himself. bit.ly/3LJz0zQ
In 15 minutes on the stand, there have been two sidebars related to seemingly incessant questioning about how great Panish is. Lawyer Chris Wesierski went over Panish’s resume in detail and asked about his wins; sidebars called after multiple relevancy objections sustained.
Wesierski asked Panish about his verdicts and settlements. He has six verdicts over $50 million. 100 over $10 million. (“I think so,” Panish answered.) 500 verdicts and settlements over $1 million. He asked about the lawsuit against Alec Baldwin, but the objection was sustained.
Wesierski was going over some of Panish’s awards and recognitions when Panish answered, “I think you covered them, Mr. Wesierski. Let’s get to it.”
Now we’re getting into testimony about the actual case at hand.
Avenatti has been mentioned so much in this trial, and jurors last week saw a 2015 video deposition from him, then were told by the judge about his criminal convictions. So when Panish brought him up today in testimony, a few jurors snickered laughing, like, oh yeah, we know him.
“He’s a good lawyer. He didn’t get where he was because he’s a bad lawyer,” Panish said, after describing some of Avenatti’s big cases (c.c.: @Popehat)
One fun part of this trial is the ex-co-counsel saying that some of his work on the case involved reading @LADailyJournal. Both Panish and ethics lawyer Edith Matthai, who testified last week, have been asked about the Daily Journal and its role in the California legal community.
An example of some of the crucial evidence jurors are seeing in this trial:
An email Avenatti wrote Panish in 2011 about their co-counsel Robert Stoll.
Subject: Stoll
Body: Is a fucking tool. I am going to kill him.
One important fact I’ve confirmed with Brian Panish: He’s basically a defacto Oregon Duck fan because of his longtime friendship with @uoregon alum and super donor (and former athletic director) Pat Kilkenny. #GoDucks
Panish is of course a loyal @FresnoStateFB bulldog after playing there on scholarship in college. But he’s known Pat for years and serves on the board for his @LuckyDuckFound, and he told me he knows many Oregon people, including a former assistant coach he coached in high school
I realize this #GoDucks talk may seem a little in the weeds to some/many, but as @anthonywarren can confirm, it’s actually crucial information that needs to be widely disseminated to the public. So, please re-tweet.
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Lawyers for Jeff Fortenberry, the Nebraska GOP U.S. rep. who resigned after being convicted of lying to @FBI about campaign donations, are pointing to the fact that he's over 60 w/ a bachelor's degree as a reason he shouldn't go to prison. And they have statistics to back it up.
This is from Fortenberry's sentencing memo, which was filed tonight (his sentencing is June 28 in Los Angeles) and reveals U.S. Probation is recommending he serve no time in prison. It also discusses life after Congress.
Prosecutors' memo is due next week, and Fort's lawyers try to get ahead of it: "To single Mr. Fortenberry out for prison because he is a public figure would be to treat him less favorably than others as a result of his extraordinary life achievements." bit.ly/39ndV0M
John Eastman persuaded Judge Carter to reclassify 10 documents ordered disclosed to @January6thCmte. They were protected in a weekend ruling, dropping the number Eastman is to disclose from 159 to 149. My explanation of a largely overlooked development: bit.ly/3QoakQI
Meanwhile, the #J6 Committee released excerpts of an interview in which former Trump counsel Eric Herschmann says he told Eastman on the Jan. 7, 2021, “Are you out of your f’ing mind?”
“Get a great f’ing criminal defense lawyer. You’re going to need it.”
Carter's reclassification comes amid heightened attention to his work, which was cited in both #J6 hearings by @RepLizCheney. @RepZoeLofgren also quoted him to close yesterday's hearing. But as my article also explains, his main findings are unchanged. law.com/therecorder/20…
Just in: Michael Avenatti plans to take a plea in the California criminal case.
This is an “open plea” i.e. no deal. “Despite repeated efforts over the last year by Mr. Avenatti and his counsel, including substantial efforts made in the last 30 days, defendant has been unable to reach a plea agreement with the government.”
Here’s the full 64-page filing, which includes the transcript from Avenatti’s June 2 sentencing in the @StormyDaniels case. bit.ly/3HjpVNf
Just filed: John Eastman’s reply to last week’s brief from @January6thCmte.
The Select Committee seems to have taken on the role of the thought police. Calling out the illegality of the election is where the crime really is, it contends. “War is Peace. 2+2=5.”
It’s 27 pages.
“One has to wonder what could motivate government attorneys—former prose- cutors, several of them—to advance such distortions of the evidentiary record in formal court pleadings. Renowned political scientist Claes Ryn offered a very insightful analysis…”
Here’s the full filing. The main thing is Eastman is arguing Judge Carter shouldn’t consider the crime-fraud exception when reviewing his privilege claims for this batch of @ChapmanU emails, even though he ruled it applied to one email in the last batch. bit.ly/38YxeNP
Prosecutors’ sentencing memo is in for Michael Avenatti in the @StormyDaniels fraud, and they have some news about the “when my father was a teenager he sold hot dogs at a ballpark” line from closings. 🌭
“The tale instead is one that the defendant’s standby counsel…”
Prosecutors aren’t making a specific request beyond asking for “a substantial but below-Guidelines sentence on Count One and a Guidelines sentence of two years’ imprisonment on Count Two, both to be served consecutively” with the 30-month Nike sentence Avenatti is serving now.
Regarding remorse, prosecutors mention Avenatti’s “extremely lengthy cross-examination in which the defendant berated his victim for lewd language and being a difficult client, questioned her invasively about marital and familial difficulties…”
The hearing is being streamed live. It's a good time to tune in, because there's an LA County sheriff's deputy testifying anonymously about deputy gangs. He's not on camera and his voice is disguised. It's kind of wild. facebook.com/LACountyCOC/vi…
Commission Counsel/@ChevaliersBooks owner Bert Deixler asks the deputy how it's possible in a paramilitary organization that "deputy sheriffs get to establish the policies and enforce the policies" at the east LA station. Deputy answers, "Lack of leadership from the superiors."