By Matthew Russell Lee, Patreon Song Radio
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SDNY COURTHOUSE, July 30 – Michael Avenatti's financial affidavit to get a publicly paid lawyer in the Stormy Daniels case in the U.S. District Court for the Southern District of New York, which Inner City Press formally sought to have unsealed for eleven months, were on July 27 been ordered unsealed. Order.
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On July 30, for Avenatti's appeal of his Nike extortion conviction, SDNY Judge Paul G. Gardephe ordered him to submit a financial affidavit: "MEMO ENDORSEMENT as to Michael Avenatti on re: [345] LETTER MOTION filed by Michael Avenatti addressed to Judge Paul G. Gardephe from Attorney Scott Srebnick dated July 28, 2021 re: Declaration of In Forma Pauperis status for Mr. Avenatti for direct appeal. ENDORSEMENT: Defendant Michael Avenatti must submit an affidavit pursuant to 28 U.S.C. 1915(a)(1) before the Court may rule on his in forma pauperis status. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/30/2021) ."
Hours later, Inner City Press filed a request that this financial affidavit not be filed under seal or "ex parte" - without notice. Here is Inner City Press' July 30 filing, on DocumentCloud, here. Watch this site.
When after three days of jury selection the trial of Michael Avenatti for extorting Nike began on January 29, 2020 Assistant US Attorney Robert Sobelman told the selected jurors that Avenatti was supposed to look out for the interests of his client, but he did not - he had a weapon, social media. More on Patreon here.
On August 7, 2020 in the Stormy Daniels case, Avenatti had motions heard by U.S. District Court for the Southern District of New York Judge Jesse M. Furman. Inner City Press live tweeted it, here.
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.
Now on July 27, 2021, Judge Furman four times citing Inner City Press has 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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