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Days Before SDNY Trial Avenatti Urges Exclusion of Text and Tweets of 41-Page Bol Bol Memo

By Matthew Russell Lee, Patreon Thread
BBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, Jan 23 – With the trial of Michael Avenatti set to start on January 27, it was decided on January 22 that Stormy Daniel vs Trump can be brought up in opening statements, and in all probability even more during cross-examination of government witness Gary Franklin. Live tweeted thread here.

   Judge Paul G. Gardephe of the U.S. District Court for the Southern District of New York declined, however, to postpone the trial for a week. He told Avenatti's lawyers that if they have a problem accessing him in the MCC jail as they have complained, to raise it to him again.

  On January 23 Avenatti's lawyers moved to exclude from the trial two post-arrest text message they say Avenatti never received because his iPhone was taken from him when he was arrested at 20 Hudson Yards, and also Avenatti's post-arrest tweets.

  At issue in the latter is Avenatti having tweeted portions of a 41-page "Memorandum of Action;" the January 23 letter points, via footnote 3, to the full Memo, which zeroes in on then Nike Elite players Bol Bol, Deandre Ayton and Brandon McCoy, referring to texts and bank statements.

   The detail echo or exceed those in the SDNY's Adidas prosecutions - we'll have more on this. As related to the choice of law / professional responsibility claims, Avenatti's lawyers' January 23 letter note that New York Rule of Professional Conduct 1.6(b)(5)(i) allows a lawyer to reveal confidential information "to the extent that the lawyer reasonably believes necessary to defend the lawyer... against accusations of wrongful conduct." Watch this site.

 As the more than four hour final pre-trial conference went on, more and more bold-face names were raised by Avenatti's lawyers: David Boies (not in). Colin Kaepernick (in, but only as "a prominent football player"). Even R. Kelly. Inner City Press live tweeted the proceeding, here. More on Patreon here.

      The trial will have a soft beginning on January 27, with a questionnaire being distributed to prospective jurors. The trial should take two and a half weeks, Judge Gardephe said. The case is US v. Avenatti, 19-cr-373 (Gardephe).  


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