By Matthew Russell Lee, Patreon Song Radio
BBC - Decrypt - Podcast - Order Affidavit
SDNY COURTHOUSE, Jan 27 – 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:
Judge Furman (to jury, just entered) I'm monitoring the weather but I don't think the storm will arrive so early as to impact our trial day.
Avenatti: How long have you been an actress? Stormy Daniels: Since 2002. Avenatti: So you are expert in reading scripts.
Avenatti: You said in prison there'll be a long line of people to a*s-rape me, didn't you? Daniels: I don't remember. Avenatti: You said it's handy you have your own line of lube how because you can just bring me a gift basket in prison?
Daniels: I did, on Twitter Avenatti: What does "drop the soap" mean? Stormy Daniels: It's a gay term. Avenatti: Have you ever falsely accused anyone of a crime? Stormy Daniels: Not to my knowledge.
Avenatti: So in New Orleans, you claim you experience poltergeist phenomena and unexplainable voices that prowled your home, right? Stormy Daniels: Yes. Avenatti: They invaded your life and relationship? Stormy Daniels: That's on the Spooky Babes website
Avenatti: Your partner at the time was who? Stormy Daniels: Denver Nicks. Avenatti: He was never the director of your documentary, right? Stormy Daniels: I don't have a documentary.
Avenatti: So if someone said he was the director of your documentary, that would be untrue, right? AUSA; Objection! Judge Furman: Sustained. Avenatti: Let me ask about the dark entity in your house. Stormy Daniels: I was told that by a medium.
Avenatti: Let's talk about this alleged television show. Has it ever aired on TV? Stormy Daniels: No. It is in editing with -- Avenatti: Move to strike everything after "no." Judge Furman: Denied. Avenatti: You said Denver Nicks has not been the same since.
Stormy Daniels: I don't know. I haven't seen him in two years. Avenatti: You said, He called you nuts and you moved out? AUSA: Objection. Judge Furman: I'll allow it, not for the truth but if it was said.
Avenatti: From time to time you pull up in front of the house in an Uber and you talk to the house? Stormy Daniels: It's a TV show. Avenatti: So you're making it up? Stormy Daniels: No.
Avenatti: And you said a scan showed a blockage in your head? Stormy Daniels: It was a reiki. Judge Furman: Can you spell that? Stormy Daniels: R-E-I-K-I
Avenatti: You said, I'm pretty sure saying I talk to dead people is ruining my court cases because there's your insanity dismissal, like, you know? Stormy Daniels: Yes, I said that. Avenatti: How do you speak with the dead? Stormy Daniels: It just happens sometimes
Avenatti: Are you able to have conversations with them? Stormy Daniels: Sometimes. I record them. Like remote viewing, into people homes. Avenatti: How does it work? Stormy Daniels: I don't know. That's the premise of the show.
Avenatti: Let me ask you about the doll Susan who calls you "Mommy, Mommy"? Stormy Daniels: We don't know it was her. We assume. Avenatti: You read tarot cards? Stormy : Yes. Avenatti: You charge people money? Stormy Daniels: Technically they are oracle cards.
Avenatti: Who are the Dragons? Stormy Daniels: Brandon Harraway, and Travis Miller. Avenatti: Why do you call them the dragons? Stormy Daniels: We use code names for checking into hotels, they call me Danny. Dragons is from Game of Thrones
Avenatti: You've done on podcasts about your book payments? Stormy Daniels: I don't know. Avenatti: You know who Michael Cohen is, right? And that's he's here today? Stormy Daniels: Yes. AUSA: Objection. Judge Furman: Sustained.
Avenatti: Didn't you say on Michael Cohen's podcast, I did get my 1st 2 payments? Stormy Daniels: I said that. Avenatti: You said, My last big check, he intercepted it by forging my signature & I have yet to see a royalty statement - is that true? AUSA: Objection.
Stormy Daniels: I don't remember. Avenatti: Yesterday you said you have a perfect memory, right?
Stormy Daniels: A photographic memory. Avenatti: So did you get the last 2 payments? Stormy Daniels: Maybe. Avenatti: You said the Federal government planted 16 false charges on your criminal record? Stormy Daniels: I never accused the FBI. They helped me resolve it. Avenatti: You had been detained at the Canadian border -- AUSA: Objection. Judge Furman: Sustained.
Avenatti: So in February 2018 you picked me as an attorney? Stormy Daniels: I hired you. Avenatti: You've said you had no choice? Stormy Daniels: Yes, I said that. I was out of options. Avenatti: I never sought you out? Stormy Daniels: Not to my knowledge.
Avenatti: Did you and me and a guy called Sean Macias speak on a phone call? Stormy Daniels: Not that I recall. Avenatti: Did you understanding that, to a reasonable percentage, I would be entitled -- Stormy Daniels: Yes you are very entitled. [Laughter]
Avenatti: When you work, do you expect to get paid? Stormy Daniels: Of course. Avenatti: Why do you say Of course? Stormy Daniels: That's how we survive. Avenatti: You know lawyers do not generally work for free? Stormy Daniels: I would be shocked if you did
Avenatti: Didn't my office prepare a legal complaint for you for use in Columbus, Ohio? Stormy Daniels: Brewster refiled it differently. Avenatti: You gave them 40% of your winnings?
AUSA: Objection Judge Furman: Sustained. Avenatti: You previously had a plea agreement with an attorney named Keith Davidson, right? AUSA: Objection Judge Furman: Sustained. Avenatti: Have you ever paid Keith Davidson for the work he's done? Judge Furman: Mr. Avenatti, we've been here before. Move on.
Avenatti: Didn't I write the dedicate to your book, to your daughter? Stormy Daniels: Yes, that's true. Avenatti: For your book, your advance has not been earned back, right? How many have been sold? AUSA: Objection. Judge Furman: Sustained.
Avenatti: You claimed it was on the NYT bestsellers list for 360 days - and you know it was false, right? Stormy Daniels: I didn't give a number of days. Avenatti: Did you ever agree with the statement? Stormy Daniels: I don't remember.
Avenatti: Did you fire Mr. Janklow? Stormy Daniels: I tried to. Avenatti: Have you sent him a letter terminating him? Stormy Daniels: No. Avenatti: So he's still your book agent? Stormy Daniels: I don't know. I don't know who is lying anymore.
Avenatti: Have you asked the prosecutors to charge Mr Janklow criminally? Stormy Daniels: No. I don't know what they've done to me. That's why we're here. Avenatti: None of the CrowdJustice money was supposed to go to you personally, correct?
Daniels: Correct. Avenatti: But you asked me to give you $26,000 from the CrowdJustice money so that you can buy a personal truck? Stormy Daniels: No, I did not. Avenatti: You understand the payments to be for your security? Stormy Daniels: That's Brandon's company.
Avenatti: Just before the 60 Minutes interview there were 2 video purchases, right? Stormy Daniels: Yes. Avenatti: One was Bubba the Love Sponge, and the other a polygraph in Vegas? Stormy Daniels: Yes.
Avenatti: And the purchases cost $100,000? Stormy Daniels: First I'm hearing it. Judge Furman: Let's take a morning break. Jurors can go to the jury room, stretch your legs and use the facilities. Don't discuss the case. [Stormy leaves room]
Judge Furman: Much as many might want to know what's on those two video tapes, but I assume you will not be asking, Mr. Avenatti. And I caution you not to ask the same question again and again. Do you understand? Avenatti: Sometimes I don't know if it's as to form
AUSA: How much more of this? Avenatti: Two to two and half hours. Judge Furman: Okay let's take our break.
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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