Guest Michael Avenatti, accused of stealing funds from his client, represents himself in federal court. The DOJ refuses to defend Congressman Mo Brooks in a civil lawsuit over the insurrection. One person arrested in the insurrection argues selective prosecution. The podcast also discusses how the feds ensure someone under federal indictment stays in the country.
Michael Avenatti skillfully shifted the focus of his defense in the trial by creating doubt and drawing attention to an accounting issue rather than the larger case.
The DOJ's decision to split Michael Avenatti's trial into separate parts aims to avoid juror bias and make the defense less appealing by emphasizing his alleged misappropriation of funds to support his failing coffee business.
Deep dives
Michael Avenatti's Defense in the Federal Criminal Trial
In the federal criminal trial where Michael Avenatti is representing himself, he cross-examined a former client who accused him of stealing funds. Avenatti’s defense focused on claiming the expenses were entitled to reimbursement rather than wire fraud. He skillfully created doubt and drew attention to the accounting issue rather than the larger case. However, unfavorable facts, such as Avenatti’s alleged failure to follow up with the Social Security Administration, may pose challenges to his defense.
The Split Trials of Michael Avenatti
Contrary to previous discussions, it was revealed that Michael Avenatti's trial was split into separate parts, with one trial focusing on tax fraud and false statements to banks, while the other trial addresses his alleged defrauding of clients. This decision by Judge Salna aims to avoid juror bias by separating the cases into different trials. As the current trial progresses, the government is emphasizing Avenatti's alleged misappropriation of funds to support his failing coffee business, which may make the defense less appealing to the jury.
Jacob Wall's Appearance in the Trial
Jacob Wall, known for his ongoing feud with Michael Avenatti, made a spectacle by showing up to the Avenatti trial. However, Wall has his own legal troubles in Michigan, New York, and California, related to allegations of robocalls and securities issues. Although his appearance in court may signal a level of bravery, it is uncertain whether Wall will face federal crimes. The trial has attracted attention from various onlookers, including Avenatti filing a motion to investigate a Twitter user claiming to be a juror.
Selective Prosecution and Capitol Riot Defendants
A defendant in a Capitol riot case, Garrett Miller, has raised a claim of selective prosecution by comparing his case to the lack of prosecution for leftist rioters in Portland. However, the Department of Justice argues that Miller's actions, including threatening to kill a Capitol police officer and Congresswoman Alexandria Ocasio-Cortez, make his case distinct and more significant. Selective prosecution claims are difficult to prove, and the government cites various reasons for differentiating cases based on their unique circumstances. The court will ultimately determine if Miller is entitled to discovery in support of this claim.
Michael Avenatti is one week into representing himself in federal court in Southern California, where he is accused of stealing funds from his client. Is he doing a good job lawyering for himself? And is a juror in the trial secretly posing as Josh Barro for this week’s podcast? You won’t know until you listen! P.S. As mentioned in the show, we’ve been enjoying and relying on Meghann Cuniff’s excellent and detailed reporting on the Avenatti trial. Follow her here.
Then: the DOJ has indicated that they will refuse to step in to defend Congressman Mo Brooks in a civil lawsuit brought against him over the insurrection. Why is this different from other situations related to January 6 where the DOJ has stepped in? Also: one person arrested in the insurrection made a selective prosecution argument — why is he being prosecuted now when so many people who were arrested on federal property in Portland last summer were not?
Plus: when you’re under federal indictment and also rich enough to post a $250 million bond, how do the feds ensure you stay in the country and show up in court?
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