By Matthew Russell Lee, Patreon Song Radio
BBC - Decrypt - Podcast - Order Affidavit
SDNY COURTHOUSE, Jan 28 – Michael Avenatti's financial affidavit to get a publicly paid lawyer for his Stormy Daniels case, which Inner City Press formally sought to have unsealed for eleven months, were on July 27, 2021 ordered unsealed. Order.
Podcast here. Aug 13 podcast here.
On the weekend before trial there's was a request to delay it, on COVID policy and Constitutional grounds. It was denied.
The trial started on the morning of January 24. Inner City Press live tweet here. It continued in the afternoon, with Stormy Daniels' literary agency Lucas Janklow being cross examined about being introduced to Michael Avenatti at a hotel bar, by Anderson Cooper. Inner City Press live tweeted, thread here; stream here, video here
On January 25, the cross examination of Janklow continues, then an SDNY Special Agent and Avenatti law firm staffer. But in the middle, Federal Defenders said Avenatti may want to fire them and represent himself. Judge Furman said, Not so fast. Inner City Press live tweeted it, thread here
In the afternoon of January 25, Avenatti confirmed he wants to represent himself and Judge Furman granted it. He will cross examine Stormy Daniels, then. Inner City Press live tweeted it, thread here and below.
On the morning of January 26, podcast here, Avenatti cross examined Regnier than an FBI agent. Inner City Press live tweeted, thread here.
On the afternoon of January 26 Avenatti cross examined Sean Macias who hooked him up with Garagos, before those two double teamed Nike. Inner City Press live tweeted it, thread here.
On the morning of January 27, after the end of Macias and another SDNY witness, Stormy Daniels took the stand to begin direct examination. Inner City Press live tweeted it here.
On the afternoon, at the end, Avenatti began his cross examination. Inner City Press live tweeted the afternoon, here.
On January 29, Avenatti's cross examination continued, to two videos, thread here.
In the afternoon Avenatti got into, or tried to get into, Trump; afterward Inner City Press asked him about the case - and the Supreme Court. Thread here:
They've back - fast break. Avenatti: You mentioned a reiki scan. Is that by a doctor? Stormy Daniels: No, from Lisa, an energy worker and yoga instructor. Avenatti: That's how you discovered the mass in your head. Stormy Daniels: Yes.
Avenatti: Let me ask about your ex husband. Didn't you write me to drop the suit and stop giving interviews, because your husband was leaving you and taking your daughter? AUSA: Objection. Judge Furman: Sustained. [Because compound question?] Inner City Press @innercitypress ·
Avenatti: You're not suggesting I did not work to make sure the book was actually published? Stormy Daniels: Of course not. Avenatti: And when you signed the book deal and got $212,000 you know Mr. Janklow had taken a percentage from the first payment. Stormy Daniels: Yes. Avenatti: And you hadn't signed an agreement with Mr. Janklow yet?
Stormy Daniels: I had not. But we had a verbal agreement. You'd said you'd seen the agreement. Avenatti: Move to strike the second part of the answer. Judge Furman: No. Inner City Press @innercitypress ·
Avenatti: Do you see here under deposits, the money from CrowdJustice? Stormy Daniels: Yes. Avenatti: The transfers to my law firm, you don't think they were improper, do you? AUSA: Objection. Judge Furman: Sustained. Inner City Press @innercitypress ·
Avenatti: After Glenn cleaned out your bank account, you gave money to others -- AUSA: Objection. Judge Furman: Overruled. Stormy Daniels: You've got the wrong date Inner City Press @innercitypress · 4h Avenatti: You gave funds to Denver Nicks, to hide from Glenn, in his parents' safe in Oklahoma, didn't you? AUSA: Objection. Judge Furman: Sustained Inner City Press @innercitypress ·
Avenatti: Mr. Nicks, what did he do for you? Stormy Daniels: He was my publicist. Avenatti: You also had a romantic relationship, right? Stormy Daniels: Yes. Avenatti: You told Mr Nicks about the book payments?
Stormy Daniels: Yes. We lived together.Avenatti: You did a TV interview with Don Lemon about your book, right? Stormy Daniels: You were with me. Yes. Avenatti: And you said, Michael and I are in contact every single day? Stormy Daniels: Yes. Inner City Press @innercitypress ·
Avenatti: Wasn't it true I was typically nice and respectful to you? Stormy Daniels: No. You lied to me. Avenatti: Didn't you tell the government I was nice and respectful? Stormy Daniels: I was wrong. Avenatti: Move to strike.
Avenatti: Didn't you tell the New York Times that watching me work was like watching the Sistine Chapel painted?
Stormy Daniels: That's what you told me to say.
Avenatti: Before you hired me, you researched me, right? Stormy Daniels: I Googled you the night before. Avenatti: Didn't you use Wikipedia? Stormy Daniels: Yes. Inner City Press @innercitypress ·
Avenatti: Did you write on Twitter, I am not touching those funds, dipsh*t?
Stormy Daniels: No but I'm sure I did. Avenatti: So, nobody writes your tweets? Judge Furman: Clarify the question - SOMEbody writes the tweets. Avenatti: You're right, terrible question. Inner City Press @innercitypress ·
Avenatti: You post your own Tweets? Stormy Daniel: I do. Avenatti: Glenn said you were being dramatic, saying you needed two security guards? Judge Furman: Let's take our lunch break now. Inner City Press @innercitypress ·
With jury and Stormy Daniels out of the room, Avenatti says he may have less than an hour left. Judge Furman: Since Mr. Avenatti's subpoena productions are due tomorrow, I'd suggest the US not rest its case until Monday. AUSA: We were going to ask the same.
Avenatti: I offered a text message as a prior inconsistent statement (about the Bank of America account being or not being closed) AUSA: We object. Judge Furman: We'll leave it where it is. Inner City Press @innercitypress ·
Update: during the break, in the SDNY cafeteria, Inner City Press can (cautiously) report that the three Federal Defenders, as standby counsel, ARE actively participating. The 4 were at their table, with one of the FDs showing an outline to Avenatti. #PlainSight
Inner City Press @innercitypress ·
They've back: Avenatti: Who did you ask to represent you in the case about Donald Trump? Stormy Daniels: A man named Sean [Macias] Avenatti: You said you always tell the truth but that's not true, is it? AUSA: Objection! Judge Furman: Ask your next question. Inner City Press @innercitypress ·
Avenatti: I offer exhibit K. Judge Furman: I reserve judgment. Avenatti: I'll ask one more foundational question. This is not true, is it? Stormy Daniels: No, it is not true. Avenatti: Defense offers K. Judge Furman: Denied. Inner City Press @innercitypress ·
Avenatti: You knew that letter would be sent out to millions. Stormy Daniels: Yes, the attorney told me -- Avenatti: Move to strike everything after Yes. Judge Furman: Yes. Avenatti: You denied a romantic encounter with Donald Trump Stormy: It was not romantic.
Avenatti: You said, rumors that I have received hush money from Donald Trump was complete false. But that was false, wasn't it? Stormy Daniels: No. Cohen paid me. Avenatti: On behalf of Donald Trump. Stormy Daniels: Yes. Inner City Press @innercitypress ·
Stormy Daniels: I did not have a relationship with Donald Trump. Avenatti: Defense offers Exhibit K. Judge Furman: Again, denied. Avenatti: Ms. Daniels, what is a fact? AUSA: Objection. Judge Furman: Sustained. Inner City Press @innercitypress ·
Avenatti: With Anderson Cooper, were you truthful? Stormy Daniels: Yes. Avenatti: Cooper asked you if that statement was a lie and you said it was. Stormy Daniels: I don't consider getting grabbing coming out of a bathroom to be a relationship. Inner City Press @innercitypress · 3h Avenatti: Ms. Daniels, what is more important to you, being honest with this jury or being honest to Anderson Cooper? AUSA: Objection! Judge Furman: Sustained. I ask you to move on to a new topic. Avenatti: I'd like to offer S14 and S15. Judge Furman: Denied. Inner City Press @innercitypress ·
Avenatti: Didn't you state in your book that the January 2018 statement was "complete bullsh*t"? Stormy Daniels: It is complete bullsh*t. Avenatti: Didn't your book admit you lied to Glenn? Stormy Daniels: It was before I knew him. It wasn't a lie, it was a secret.
Avenatti: And you had your husband send your two long time friends an email calling them fa**ots? AUSA: Objection! Judge Furman: Sustained. And strike the question. Avenatti: And you fired your Dragons? Stormy Daniels: I asked you to fire them. Inner City Press @innercitypress ·
Avenatti: Ms. Daniels, did you ever state to me that everyone was f*cking you over? Stormy Daniels: Yes. Avenatti: You have been ordered to pay Donald Trump $300,000 in attorneys fees? Stormy Daniels: Yes. Avenatti: And you blame me for that? Stormy Daniels: Yes. Inner City Press @innercitypress ·
Avenatti: Ms. Daniels, do you wish to change any of your answers given in this matter? AUSA: Objection! Judge Furman: Sustained. Are we coming to a close? Avenatti: Yes. Ms. Daniels, how many matters did me and my firm help you with? Stormy Daniels: I don't know. Inner City Press @innercitypress ·
Avenatti: Do you have any proof that I ever said I would not take a fee for your book deal? AUSA: Objection! Judge Furman: Sustained. Avenatti: No further questions at this time. Inner City Press @innercitypress ·
Redirect: AUSA: Ms. Daniels, did you learn who was f*cking you over? Avenatti: Objection! Argumentative! AUSA: Did you sign statements with respect to Mr. Trump?
Stormy Daniels: Yes. AUSA: Does it have anything to do with you book deal? Stormy Daniels: No.AUSA: What did Mr. Avenatti write to you, here in September 2018? Stormy Daniels: That he would find out for me, about the St. Martin's payment. AUSA: And did he? Stormy Daniels: No. AUSA: No further questions. Inner City Press @innercitypress ·
Re-cross: Avenatti: Isn't it true you were interested in the defamation case? Stormy Daniels: No. Avenatti: Did you pursue it for two more years, after I terminated you as a client? AUSA: Objection. Judge Furman: Sustained. Ms. Daniels, you are excused. Inner City Press @innercitypress ·
Next US witness: Elizabeth Beier, an editor at St. Martin's Press. [Gonna run outside to see if Stormy Daniels speaks on her way out of the courthouse. Thread will continue] Inner City Press @innercitypress ·
[Stormy Daniels took elevator down to SDNY garage - not speaking. Back in court: Elizabeth Bieir of St. Martin's on the stand] Bieir: I wanted to use a picture at the front of the book, of Ms. Daniels as a young girl on a horse. I needed permission. Inner City Press @innercitypress ·
Bieir: We had a code name for the book, October Project. We didn't want anyone who didn't need to know, to know. Ms. Daniels was not suppose to do any press. It's hard to get people to care about a new book. To our dismay she did Dutch TV and it got back to the US AUSA: Did there come a time you considered not making the fourth payment? Bieir: Yes - it required three weeks of publicity and we weren't getting it. Judge Furman: We'll call it for the day, and the week. I expect you'll get the case next week Inner City Press @innercitypress ·
[With jury and Ms. Bieir's gone:] Avenatti: Based on what Ms. Bieir has said, I definitely intend to re-call Mr. Janklow... And while I have not made a decision, I am strongly leaning toward testifying. Inner City Press @innercitypress · 1h AUSA: We would be inquiring into the Nike conduct and the California conduct. Avenatti: Then I would be calling a number of those California witness and this trial will be getting a lot longer. Inner City Press @innercitypress ·
Judge Furman: I'd still like briefing on the quantum meruit issues. Avenatti: I'd like until 8 am Monday. Judge Furman: I'll give you until then. If you can on Sunday night, even late, I can read it. Avenatti: I'm going to sharpen my pencil over the weekend. Inner City Press @innercitypress ·
Avenatti: Some people are dodging or disregarding my subpoena. I may ask for them to be declared material witnesses. Judge Furman: Seek your relief as timely as you can. I got an email from counsel to Mr. Loupe, not cc-ed to the parties, from Mr. Palma. Judge Furman: If he doesn't file it, it's not a judicial document. [But see US v. Maxwell: press requests to unseal submitted but not docketed by the Court]
Judge Furman: I will tell Mr. Palma to file or not file. Inner City Press @innercitypress
Judge Furman: See you Monday. All rise! Story later - today, we're going straight out for Avenatti-Watch a/k/a Foley Square Follies. here.
Judge Furman released his juror questions, asking each side to respond by January 19 at 10 am. The questions include: "Based on anything that you have read, seen, or heard about Mr. Avenatti, have you formed any opinions about Mr. Avenatti that might make it difficult for you to be a fair and impartial juror in this case? 10. Would you have any trouble following my instructions to put anything you may have read, seen, or heard about Mr. Avenatti out of your mind and decide this case based only on the evidence presented at trial? 11. Do you or does any member of your family or a close friend personally know or have past or present dealings with the alleged victim in this case, Ms. Clifford (also known as “Stormy Daniels”), or with any of her family members?...
"Do you know or have you heard of any of the following people or entities, which include the lawyers in this case, people who may testify at the trial, and other names that may be mentioned during the course of the trial? • Pamela Baez • Elizabeth Beier • Thomas Bolus • Clark Brewster • Christine Carlin • Michaela Catando (also known as Kayla Paige) • Dmitri Chitov • Dwayne Crawford • Jennifer Donovan • Anna Finkel • Mark Geragos • Jack Guiragosian • Holtzbrinck Publishers • Luke Janklow • Janklow & Nesbit Associates • Geoffrey Johnson • Global Baristas • Sean Macias • Macmillan Publishers • Susan McClaran • Benjamin Meiselas • Travis Miller • Mareli Miniutti • Erik Nathan • Denver Nicks • Kevin Carr O’Leary • David Padilla • Brandon Parraway • Pro Tech Security and Automation • Judy Regnier • Sally Richardson • Security and Automation LLC • St. Martin’s Press • Enrique Santos • Jessica Volchko • Juliet Vicari • Donald Vilfer 25. Are you familiar with anyone else present in the courtroom, including your fellow jurors, all Court personnel, and myself?"
On October 14 Judge Furman held a proceeding in the Stormy Daniels case and Inner City Press live tweeted it here and podcast here
On August 10 Avenatti's Federal Defenders filed a copy of the affidavit with multiple redactions. The form refers on nearly every question to an attachment, which is blacked out in absurd ways. It reads, for example, "I own stock in two closely held companies that may have value: (a) [REDACTED] located in [REDACTED] and (b) [REDACTED] located in [REDACTED]... I technically still have an interest in a private aircraft (model: HondaJet 420) that was seized by the IRS and is still in their possession. This interest is held through a single-purpose entity named [REDACTED]," and so forth.
Inner City Press published the redacted affidavit on its DocumentCloud here and asked, Will the Court be accepting this?
On August 11, the correct answer was: No. "MEMO ENDORSEMENT as to Michael Avenatti (1) on [139] LETTER MOTION re: [139] LETTER MOTION addressed to Judge Jesse M. Furman from Robert Baum, Tamara Giwa & Andrew Dalack dated August 10, 2021 re: Letter Motion In Response to Court's Order to File Financial Affidavit. ENDORSEMENT: The Court is unpersuaded that privacy interests justify redacting the names and locations of the corporate entities in Paragraphs 14, 15, and 17 of ECF No. 139-1."
After hours on August 12, some redactions were removed: Avenatti's owned a plane through Passport 420 LLC; an unnamed "non-family-member acquaintance" paid a NY-based attorney in the Nike case, whose name is redacted. Unredacted: Avenatti owns stock in Tyrian Systems (aka Seek Thermal) of Santa Barbara, CA and Centurion Holdings I, LLC of St. Louis Missouri."
Not so fast. Inner City Press research in the hours after the removal of the improper redactions found that Centurion Holdings I, LLC is based in Arnold, Missouri - and "received a PPP loan of $60,477 in May, 2020." That's the Paycheck Protection Program; the funds came through the Central Bank of St. Louis.
Bigger, the aka: "Seek Thermal, Inc of 6300 Hollister Ave in Goleta, California received a Coronavirus-related PPP loan from the SBA of $1,365,062.00 in April, 2020." We'll have more on this.
Watch this site.
On August 27, Inner City Press filed a formal request that documents in the case not be sealed, full filing on Patreon here.
On November 12, Inner City Press made a third filing with Judge Furman, on a decision to unseal issued earlier in the day by SDNY Judge J. Paul Oetken after Inner City Press filed to similarly unseal Lev Parnas' co-defendant David Correia's financial infor: "we again ask, why should lower income and less high profile defendants in the SDNY -- and now David Correia -- have their financial information so disclosed while Avenatti's information is sealed in its entirety? The documents at issue should not be sealed and should be made available."
On August 28, 2020 Judge Furman entered an order: "The Court received the attached communication from Matthew Lee of Inner City Press “seeking leave to be heard and for the unsealing of the CJA Form 23, affidavit, and all associated documents” relating to this litigation. To the extent that Mr. Lee (who is admitted to the bar of the Southern District of New York) seeks leave to be heard, his application is GRANTED. The Court reserves judgment on the question of whether Defendant’s CJA Form 23 and related documents should be unsealed. SO ORDERED. Dated: August 28, 2020 New York, New York JESSE M. FURMAN." Docket No. 85, on Inner City Press' DocumentCloud, here.
On July 27, 2021, Judge Furman four times citing Inner City Press ordered Avenatti's affidavits unsealed: "Avenatti filed a letter brief arguing that the Initial Financial Affidavit should remain under seal. ECF No. 80 (“Def.’s Mem.”). Thereafter, the Court received submissions from Inner City Press, a media outlet that intervened to seek disclosure of the Financial Affidavits, ECF Nos. 85, 90, 99... The Defendant initially argued that the Government lacked standing “to assert any right on behalf of the public to access Mr. Avenatti’s sworn financial statements.” Def.’s Mem. 7 n.1 (citing United States v. Hickey, 185 F.3d 1064 (9th Cir. 1999)). Subsequently, however, the Court granted leave to Inner City Press to be heard on the Defendant’s motion, ECF No. 85, which indisputably does have standing to assert such rights." Full order here, filings due August 10. Watch this site.
This case is US v. Avenatti, 19-cr-374 (Furman).***
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