Avenatti withdraws motion to represent Stormy Daniels in Cohen case

[WiseElder]

Last edited Sat Jun 2, 2018, 10:57 AM - Edit history (1)

Source: the Hill

Michael Avenatti has withdrawn his request to represent adult film star Stormy Daniels in the case centered on the FBI raid of President Trump’s attorney Michael Cohen.

Shortly after a conference hearing Wednesday in a federal district court in Manhattan, Avenatti withdrew his request to weigh in on the case.

Cohen is reportedly being investigated, among other things, for the $130,000 he paid Daniels ahead of the 2016 presidential election to keep quiet about the affair she says she had with Trump.

Avenatti reportedly faced tough questions during the hearing from federal district court Judge Kimba Wood, who told him in court on Wednesday he would have to stop his “publicity tour” if he wanted to participate in the case.

Cohen’s attorneys fought hard to keep Avenatti from joining the case, arguing in court filings that he’s has created a “carnival atmosphere” by making public statements and doing national TV appearances in which he’s shared nonpublic information and made misrepresentations about Cohen.

read more at link:

Read more: http://thehill.com/regulation/court-battles/389915-avenatti-withdraws-motion-to-represent-stormy-daniels-in-cohen-case

[apnu]

1. This is for the criminal case against Cohen, right?

If so Avenatti would be free to represent Stormy Daniels in any and all civil cases against Cohen and whomever else and still be on his "publicity tour" Right?

[brooklynite]

2. Yes...assuming Kimba Woods isn't presiding.

[global1]

3. Not Sure I Understand....

what's the upshot of this?

[jberryhill]

6. The judge gave him a choice between being a TV personality or being an attorney

He chose "TV personality".

[lagomorph777]

12. Only in Cohen's criminal case - i.e. Avenatti can't file an amicus brief.

Apologies to the lawyers here for my ignorance. Please correct my language.

[Princess Turandot]

4. He withdrew his pro hac vice motion for permission to appear in federal court here in NY...

since he's licensed in California.

The judge put his intervenor motion on hold. He doesn't need the ability to appear in NY unless he's going to join the case in some way.

[jberryhill]

5. The judge didn't put the intervenor motion on hold

The intervenor motion was being held in abeyance at the request of the US, and with the consent of Avenatti.

[procon]

7. Can one of DUs legal experts break this down for the rest of us?

What does Avenatti's withdrawal mean?

Did he just throw Stormy Daniels to the curb to continue his celebrity guest appearances on TV?

[bearsfootball516]

9. He didn't end the case, but it was more of a warning.

That if he continues to talk about an open case as he is, it'll be thrown out.

[Brother Buzz]

11. I'm not a lawyer, nor do I play one on television....

Avenatti is distancing himself from the NY federal case but will continue representing Stormy Daniels in the civil case against the orange anus in Los Angles. That, and continue to hold the orange anus' feet to the fire.

[awesomerwb1]

8. Can anyone provide the

"for Dummies" version of what this means?

[meadowlark5]

10. No kidding

I have no idea what this means. A lawyer's layman interpretation for those of us non lawyers would be nice.

[jberryhill]

13. I'll write one up later, if you promise to read it

I've got my hands full for the rest of the afternoon.

But as a baseline question to get some idea of "what do people actually understand", can you summarize in a few words what this proceeding in New York is about?

I'm really not sure what people "get" or "don't get" about WTF Avenatti was doing there in the first place.

[meadowlark5]

14. I guess what I don't understand is Avenatti dropping off as lawyer for Stormy Daniels

People here are taking it as he was given the warning by the judge and so he is choosing the "publicity tour" over continuing to be lawyer for Stormy Daniels.

Or is this just something to do with him stepping away from the fed investigation but staying with California case with Daniels. Or does it have to do with state licensing to practice?

[The Velveteen Ocelot]

26. He's not withdrawing as Stormy Daniels' lawyer in her civil case

against Trump, filed in California, claiming the non-disclosure agreement is invalid. That case will continue with Avenatti as her lawyer. What he has done is withdraw his request to appear as her lawyer in the criminal case involving Michael Cohen, which is in federal court in New York. He had asked to appear in that case pro hac vice (for this case only) because he's not admitted to practice in New York. The judge told him that if he does get involved in that case he would not be allowed to comment on it in the media because his comments have the potential to be prejudicial to Cohen, who hasn't been charged yet but is likely to be before long. Avenatti chose to withdraw his pro hac request rather than give up his media gigs.

[meadowlark5]

28. Thanks! nt

[RandomAccess]

16. I promise to read it if I see it.

[grantcart]

18. I will read it if it is going to be on the mid term.

It does get a little confusing.

Here is my practice essay answer:

Avenatti can no longer take pot shots from the peanut gallery in the proceedings on evidence for the criminal investigation but can give us round by round commentary ringside on MSNBC & CNN.

As far as the civil case he appears to be driving the bus there.

[Pepsidog]

24. Simply, Pro Hoc Vice is an attorney who is not licensed in a jurisdiction requesting permission

to appear in that court to represent their client. Granted routinely by the Court where an attorney has a special relationship with a client or a particular expertise in a matter that locally admitted lawyers do not have. Here Avanatti represents Stormy in other jurisdictions where he is licensed and as a matter of convenience and continuity it makes sense for him, rather than local counsel, to continue to represent her. Also, considering the subject matter and it’s Federal Court it makes sense for him to represent her in NY. But he withdrew the request to be admitted to NY Federal Dist Ct. cause the judge would basically gag him. Without predjudice means he can make the application again. This motion has no impact on his litigation against Trump in LA and his request to intervene or become a party to the NY case, I suspect, was done more to harass Cohen and Trump and gain discovery. Basically he gave up nothing by withdrawing his request and his original case against Cohen and Trump continues in LA.

[BumRushDaShow]

15. Need to format the post to 4 paragraphs per LBN rules. nt

[7962]

17. And I got yelled at when I said he was a publicity hound & being reckless.

Wood told him as much.
He's not off Stormy's case totally, but the part dealing with Cohen. Cohens lawyers were right to point out that Avenatti has been speaking on TV about things that he shouldn't have been public with. Especially personal bank records. That borders on illegality itself.
When the man becomes bigger than the story, theres a problem.
He'll get his TV show next year.

[Sophia4]

20. Wood doesn't want Avenatti's appearances in the Cohen case in her court

to make it easier for Cohen to appeal if there is a verdict against Cohen.

I could be wrong, but in a nutshell and from a pragmatic point of view, that is my opinion.

There are lots of legal explanations, but from a practical point of view, that is my opinion.

[7962]

32. Sounds plausible though.

NO judge likes a decision reversed.

[Honeycombe8]

23. At first I was impressed with him.

He came out of nowhere...articulate, knowledgeable, aggressive, likable. But as time has gone on...it's too much. I got a sense that he's been taken by the fame of it all, rather than his CASE, which IMO should be his focus.

Still, he can go toe to toe with Trump and the others, so I appreciate his voice weighing in.

If the bank records weren't declared privileged, it wasn't illegal to release them. They were small excerpts dealing only with the reason he had been provided them.

[DaDeacon]

19. OK the quick quick version

[Sophia4]

21. Good explanation. I would add that the Judge in Cohen's case does not want to give

Cohen excuses for appealing should there be a verdict against Cohen.

Too much publicity during a trial can lead to an appeal in certain cases.

[DaDeacon]

25. I said quick, not comprehensive. LOL, that's true also. n/t

[Honeycombe8]

22. I was never sure why Avenatti/Stormy intervened in the Cohen case....

but I assume it's because Stormy has an interest in the documents, which include documents involving the payments to her, sources of those payments, communications about Stormey and the NDA, etc.

It saves money in the Stormy case to get relevant documents from THIS case, to save money and speed things up.

But the Judge said she doesn't want a circus involving the Cohen case (the Cohen case is already one of the most high profile in history). So if Avenatti/Stormy are allowed to intervene, she's going to gag him to a certain extent. He won't be able to make certain comments, maybe talk about the case at all, etc.

Avenatti chose to keep his mouth open, and drop from the intervention, looks like.

[gibraltar72]

27. C'mon people it isn't that hard.

He wanted to be heard in the federal case. Because part of what they seized in raid pertains to his client. Judge said if he was to be heard he had to stop public appearances. I'm glad he didn't take the gag route. Anything that comes up will be used in the civil action. I want him doing his flamethrower stuff. And I believe he has absolutely served his client very well. He has also served us well at the same time.

[SWBTATTReg]

29. Okay, so Avenatti will keep quiet ... will RUMP and his mouth do the same?

I doubt it. Love to see what this judge will do if RUMP mouths off like he does about this case (we all kind of know that RUMP loves to open his big mouth, it is just a matter of time)...

If RUMP does, I hope the judge throws the book at RUMP for interfering in this case...

[onenote]

30. No. Avenatti won't keep quiet. That's why he chose to withdraw his motion

As a party, he'd have to stop running around to every tv studio.

[SWBTATTReg]

31. Good!!! thanks! nt