Avenatti: 'Stormy Weather Ahead'

[bigtree]

Last edited Wed Jun 6, 2018, 04:51 PM - Edit history (2)

Michael Avenatti @MichaelAvenatti 50m




twitter.com/MichaelAvenatti/status/1004355481735852033


...ominous.


*breaking*

Sarah Fitzpatrick @S_Fitzpatrick
BREAKING: Stormy Daniels has filed a lawsuit that says her old attorney, Keith Davidson, colluded with Trump lawyer Michael Cohen, with the president's knowledge.


Michael Avenatti @MichaelAvenatti 26m26 minutes ago
Keith Davidson should have been charged after his arrest for extortion not long ago. He is a disgrace to the profession. Watch him now try and distract away from his own unethical conduct. Ms. Daniels deserved better. https://thebea.st/2HUp3jM?source=twitter&via=mobile … via @thedailybeast

Link to tweet

[shanny]

1. on a golf course--how apt nt

[SayItLoud]

26. Tax implications or bank fraud

To borrow money tRUMP claimed X golf course was worth $100 million.
To pay taxes tRUMP claimed X golf course was worth $9 million.

Seems to me you can't have it both ways. Slipped under the Gov radar, but Mueller found it and reported it to State and Fed peeps, imo.

[MontanaMama]

2. Let's get this show on the road.

America is dying.

[Scarsdale]

22. tRump has plenty of help

destroying everything decent about the US. The gop, the Russians, Bibi, Sheldon Adelson and many others. He has no idea what the HELL he is doing, apart from doing the bidding of Putin. Remember Dubya claimed that he "looked into Pooty Poots eyes and saw his soul"? tRump looked, saw no soul, and decided this was the man he wanted to be like. Supreme leader, unfettered by rules and laws. That, or else he saw him without a shirt and fell in love. We all know he likes his partners to be foreign. Once Putin flashed all the Russian money, tRump and the gop were hooked.

[Metro135]

25. My sentiments exactly

I know there are elements of the case that I am obviously not privy too, and things can get tied up in our legal system, but I'm getting a little tired of these posts with "just wait . . ." or "something's coming . . . " If there's nothing concrete spare me already. In other words, enough vague "coming attractions."

[DesertRat]

3. I hope so...

I’m not sure how much more of 45 and his lies we can take...

[Sanity Claws]

4. I hope that Stormy wins

but I am getting tired of Avenatti's ceaseless self-promotion. I wish he would just get the job done and crow later.

[bigtree]

6. how many of the other cases against Trump have as much apparent traction

...as Avenatti's? He's doing something right.

Also, if you look at what he's actually talking about, you'll often find him promoting a great many themes and concerns that our party shares.

Link to tweet

[RKP5637]

7. K&R!!! n/t

[DesertRat]

8. And it's very telling

that 45 tweets all day and bashes ANYONE who criticizes him but hasn't said a peep about Avenatti.

[Sanity Claws]

10. I didn't say I have problems with all of his tweets and media appearances

but the one that was discussed in the OP was a nothing. It was something to promote himself and the story. It conveyed nothing new.
I am tired of it.

[bigtree]

12. I think your aversion to him has kept you from seeing the reliability of his pronouncements

...so far.

Folks who have been paying (more) attention recognize that he's all about his case, and that he has been proven correct and credible on nearly all of his claims and pronouncements, his unrealized prediction of major indictments (yet) notwithstanding.

His insights and revelations about Cohen were certainly 'new' and enlightening. I'm looking forward to whatever he's presaging with this tweet. He's been remarkably reliable, up to this point.

[Sanity Claws]

13. Please don't tell me the basis of my aversions

You don't know me.

[bigtree]

15. the ones you just freaking told me about

...the stuff about he's 'self-promoting' and all of that.

"I am getting tired of Avenatti's ceaseless self-promotion."

That's not an aversion to him? What the frick were you talking about then?

I really don't think you've been paying enough attention to what he's actually said and is doing. I got that from your responses to me.

[Sanity Claws]

19. Ignore time

Bye.

[bigtree]

21. lovely

[jberryhill]

11. The Summer Zervos case, for one

The Daniels case is stayed until mid-July.

There is a hearing scheduled for June 21 on Daniels' motion to lift the stay (I've linked the briefs below).

Unlike every motion filed by Avenatti in the Daniels case, the Summer Zervos' attorneys have been considerably more successful thus far.

[Sophia4]

27. Summer Zervos is suing in New York State and Stormy Daniels' original lawsuit was in California.

This article compares the cases and explains why Zervos' case is moving more quickly. It has nothing to do with Avenatti:

Zervos is not bound by the strictures of any contract. Her case is not based on a contract but in "tort" law. Contract law enforces the intentions of parties to an agreement. Tort law is primarily designed to vindicate social policy, and right civil wrongs committed by one person against another.

https://www.nbcnews.com/politics/donald-trump/three-women-legal-actions-against-trump-who-poses-greatest-danger-n858881

Contracts are involved in both the Stormy Daniels and Karen McDougal cases. Summer Zervos' case does not involve a contract.

[jberryhill]

32. So?

The question was about "traction", which I assume to be some measure of proceeding toward a defined goal.

The only thing on the table in the Daniels case is a declaration to the effect that the contract is invalid (and, if so, she will have to pay back the $130k). That's what she's suing for.

There is a separate defamation claim, but any argument to the effect that anything Cohen or Trump has said has damaged her financially is facially ridiculous. Her present career consists primarily of trading on the notoriety of the controversy itself. Her bookings and income are up tremendously as a result.

You're right, Zervos' case does not involve a contract claim. She's going for actual, measurable monetary damages against the defendants. Daniels, apart from the readily-disprovable notion that she's been financially harmed because Cohen agreed with her signed statement at the time (the defamation claim in that case is to the effect of Cohen denying that an affair took place in January), is not pursuing monetary damages.

And, you are also correct... the Karen McDougal case involved essentially the same contract. Her case is over and done with already, and she's free to speak to anyone about her much more extensive affair with Trump.

But what does any of that have to do with the concept of "traction" to which I was responding?

[Sophia4]

37. What does traction have to do with it in the first place.

The topic is why Avenatti is on television so often. Because his case is moving so slowly through the court.

[jberryhill]

39. If you take a look at this thread

I was responding to the question of "how many of the other cases against Trump have as much apparent traction?" posed by bigtree.

[jberryhill]

9. The Stormy Daniels case is on hold until July

Judge Otero granted a stay of the proceedings until mid-July.

Most recently, Avenatti has filed for a lift of the stay because "people said stuff on TV":

https://www.courtlistener.com/recap/gov.uscourts.cacd.704250/gov.uscourts.cacd.704250.56.0.pdf

To which the other side filed a reply and a roster of hearsay objections:

https://www.courtlistener.com/recap/gov.uscourts.cacd.704250/gov.uscourts.cacd.704250.57.0.pdf

https://www.courtlistener.com/recap/gov.uscourts.cacd.704250/gov.uscourts.cacd.704250.58.0.pdf

The hearing on these motions is set for June 21.

Until then, Avenatti has, literally, nothing to do.

[bigtree]

14. lol, Cohen's lawyer got a 90-day stay because his client is in deep shit

...Avenatti and his client are almost assuredly going to be the recipients of Cohen's ass (and Trump's) handed to them on a silver platter when the special master looking at the evidence seized from him is finished sorting all of it out, and the true nature of the relationship between Cohen/Trump and Stormy Daniels is revealed, most likely in one of the principles own voice or hand.

Otero’s ruling granted a hold and set a hearing for July 27...

“Given the context and significance of the criminal proceedings, the Court agrees with Defendants that a temporary stay is warranted,” Otero wrote in the 9-page order.

“This is no simple criminal investigation; it is an investigation into the personal attorney of a sitting President regarding documents that might be subject to the attorney-client privilege,” Otero wrote.

He continued, “While the exact scope and breadth of the criminal investigation remains unclear, both the government and Mr. Cohen have indicated that the subject matter of the criminal investigation, and the documents seized, in some part reference the $130,000 payment made to Ms. Clifford pursuant to the agreement.”

I'd think the deposition of Trump in the Avenatti case, which should eventually happen, will be far more consequential to Trump than the beauty queen or the others, because Cohen is Trump's personal lawyer (fixer), and all of his dirty tricks are about to be exposed for all of us to see. The culpability could stretch to Trump financial interests, business interests, as well.

Link to tweet

But, you go on and turn the page to the other cases. They hold their own promise of accountability for Trump, so it's a win-win.

[Perseus]

20. He is doing what he has to do

He is setting the stage for the clowns to close the door of the tiny car and lock themselves in. He is throwing "banana peels" in their path, they have stepped on a few already and will step on more. IMHO, I feel it is a good strategy.

[malaise]

5. K & R

I love how he plays their game

[SCVDem]

16. Classic PsyOps.

Avenati is in their head and forcing errors.

Good job!

[krawhitham]

17. Attention around Avenatti is dying down, so he has to do something

[LanternWaste]

23. I'd pretend a funny meme tweeted is self-promotion as well.

I'd pretend a funny meme tweeted is self-promotion as well. If we didn't make that allegation, we'd have nothing relevant to contribute, eh?

[Perseus]

18. I had started missing Avenatti, he has been quiet for too long...

Glad to know he is back, and hopefully with a grand return, and great news for the country.

[Javaman]

24. I'll just leave this here...

[Mr. Ected]

28. This seems foreboding....

What does MA know that we don't (yet)? Lately, I've felt a sense of impending doom, as Trump learns what a pardon is, and this tweet does nothing to disabuse me of my apprehensions.

[MontanaMama]

29. It all feels sinister to me too.

Like he might actually get away with pardoning himself and his whole cabal.

[Hugin]

30. I'd like it, if one of the lawyers who seem to be bouncing all around DU these days would answer...

a question for me.

What are the ramifications of a blanket pardon on civil cases?

Are the pardonees still liable for civil damages?

Thanks in advance.

[bigtree]

31. Trump can only issue pardons for federal convictions

Under the Constitution, only federal criminal convictions, such as those adjudicated in the United States District Courts, may be pardoned by the President. In addition, the President's pardon power extends to convictions adjudicated in the Superior Court of the District of Columbia and military court-martial proceedings. However, the President cannot pardon a state criminal offense. Accordingly, if you are seeking clemency for a state criminal conviction, you should not complete and submit this petition. Instead, you should contact the Governor or other appropriate authorities of the state where you reside or where the conviction occurred (such as the state board of pardons and paroles) to determine whether any relief is available to you under state law. If you have a federal conviction, information about the conviction may be obtained from the clerk of the federal court where you were convicted.

more: https://www.justice.gov/pardon/pardon-information-and-instructions

[Hugin]

35. Thanks for the link.

[KY_EnviroGuy]

36. Thanks for that clarification and for the link.

The key words here would be "criminal convictions" in that he can't pardon himself or others from accusations, indictments, investigations, or even trials.

The cool thing about that is once there's a conviction, the political damage in the public's eye (domestically and internationally) cannot be pardoned.

[jberryhill]

33. Pardons don't apply to civil actions

The pardon power is that of the "state" (i.e. country in this sense) to forgive offenses against the state, and in our system is vested in the president.

Civil cases are about offenses between individuals. If you busted my window and I sue you for $100 to fix it, the president does not have the power to pardon you for your offense against me.

The Daniels case is even further removed from that example. She is suing for a court to declare the alleged contract to be void, in order to get out from under an arbitration decision. The pardon power has utterly no relevance to that situation.

[Hugin]

34. Hmm... Interesting.

Thanks.

[bigtree]

38. update

*breaking*

Sarah Fitzpatrick @S_Fitzpatrick
BREAKING: Stormy Daniels has filed a lawsuit that says her old attorney, Keith Davidson, colluded with Trump lawyer Michael Cohen, with the president's knowledge.


Michael Avenatti @MichaelAvenatti 26m26 minutes ago
Keith Davidson should have been charged after his arrest for extortion not long ago. He is a disgrace to the profession. Watch him now try and distract away from his own unethical conduct. Ms. Daniels deserved better. https://thebea.st/2HUp3jM?source=twitter&via=mobile … via @thedailybeast