Serious Trouble cover image

Serious Trouble

Michael Avenatti Is Still a Bad Lawyer

Oct 24, 2024
This week dives into the latest legal drama surrounding Michael Avenatti and Rudy Giuliani's struggles with defamation claims. It sheds light on the Central Park Five lawsuit against Donald Trump, highlighting the consequences of false accusations. There's a discussion on the complexities of judicial neutrality in politically charged cases, plus critiques of recent media portrayals of controversial figures. Explore the murky waters of factual claims versus opinions in defamation cases, showcasing the legal dilemmas in today’s media landscape.
23:37

Podcast summary created with Snipd AI

Quick takeaways

  • Michael Avenatti's favorable Ninth Circuit ruling on his sentencing highlights flaws in judicial calculations amid serious fraud convictions.
  • Ongoing defamation lawsuits involving Rudy Giuliani and the Central Park Five exemplify the intersection of political rhetoric and legal accountability.

Deep dives

Michael Avenatti's Sentencing Developments

Michael Avenatti's sentencing has been thrown out by the Ninth Circuit Court of Appeals due to errors made in calculating his sentence, which initially totaled 14 years for multiple fraud convictions. The court found that the sentencing judge improperly added an obstruction of justice enhancement and failed to give Avenatti credit for the legal work he completed that benefited his clients. Avenatti argued that the money he received as permission for his legal services should not count against him as a loss, and the appeals court agreed with this perspective. While this ruling could lead to a reduced sentence, the judge ultimately retains the discretion to set a new sentence and could opt to impose a similar or even higher sentence based on other factors.

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