Guilty. Appealing. Talking. Referred for contempt.
Oct 27, 2021
auto_awesome
Lev Parnas convicted on charges related to concealing political contributions; discussions on taking the stand. Michael Avenatti indicted on four sets of trials, arguing against double jeopardy. John Eastman interviewed about controversial memo and attorney's role. Steve Bannon held in criminal contempt and DOJ referral.
Lev Parnas, Rudy Giuliani's former associate, has been convicted on six federal counts in Manhattan for illegally funneling money to political candidates in the United States on behalf of a foreign source.
Lev Parnas's decision not to testify in his own defense during his trial was likely influenced by the risks of cross-examination and potential exposure of prior communications and instances of dishonesty.
Deep dives
Lev Parnas Conviction and Defense's Failure
Lev Parnas, Rudy Giuliani's former associate, has been convicted on six federal counts in Manhattan for illegally funneling money to political candidates in the United States on behalf of a foreign source. Parnas's defense claimed he lacked the intent and knowledge that his actions were illegal due to the complexity of campaign finance laws. However, witnesses and extensive communications among the defendants revealed their awareness of the scheme and its illegal nature, leading to Parnas's conviction on all counts.
Lev Parnas Trial Decision Not to Testify
During the trial, it was speculated whether Lev Parnas would testify in his own defense, considering the claim that he lacked knowledge of the alleged campaign finance violations. While testifying might have allowed him to personally assert his lack of intent, the risk of cross-examination and the potential exposure of prior communications and instances of dishonesty likely influenced his decision not to take the stand.
Lev Parnas's Appeal and Potential Grounds
Lev Parnas plans to appeal his conviction. Possible grounds for appeal include challenging the admissibility of evidence, contesting the jury instructions, or arguing insufficiency of evidence. However, successfully appealing on these grounds can be challenging. Although defendants often file notices of appeal as a matter of routine, it remains uncertain if Parnas's appeal will present winning arguments.
Michael Avenatti Delaying Retrial
Michael Avenatti, facing multiple criminal charges, has successfully obtained a delay in his retrial related to charges of stealing settlements and other financial crimes. A mistrial was declared in his earlier trial due to government's failure to provide certain evidence to the defense. Avenatti's argument of double jeopardy, thereby preventing retrial, is widely regarded as weak and unlikely to succeed. However, the delay caused by the appeal process allows him to avoid serving his sentence for the time being.
This week, Josh Barro and Ken White catch up on a few familiar characters and tie up some loose threads.
Lev Parnas, former associate of Rudy Giuliani: convicted of six counts of charges related to funneling and concealing political contributions. There was speculation about whether Parnas himself would take the stand — Ken talks about when that’s a good idea and when that’s very much not a good idea.
Michael Avenatti: still a free man for now, but indicted on four sets of trials, and one of them ended in a mistrial several weeks ago. The government failed to disclose some evidence and now Avenatti is entitled to a new trial with that new evidence. But Avenatti is making a double jeopardy claim: that he has a constitutional right not to be tried twice. This is a thin argument — Avenatti may be working another strategy — and long story short, the Ninth Circuit agreed to a expedited briefing schedule.
John Eastman, lawyer and author of the now-infamous (at least to our listeners) Eastman memo laying out how Vice President Mike Pence could maneuver to keep Trump in office: sitting for extended interviews about the circumstances of that memo and whether it reflected his views. Was he acting as a lawyer in those moments? And would that be a shield for him?
Steve Bannon, former Trump adviser and pardon recipient: held in criminal contempt by the House of Representatives and referred to the Department of Justice. What does that mean? And is it a boatload of work for the DC U.S. Attorney’s office, which has its proverbial hands full with January 6 prosecutions?
Get the Snipd podcast app
Unlock the knowledge in podcasts with the podcast player of the future.
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode
Save any moment
Hear something you like? Tap your headphones to save it with AI-generated key takeaways
Share & Export
Send highlights to Twitter, WhatsApp or export them to Notion, Readwise & more
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode