Still waiting for the judge. Someone unmuted on the call is getting texts, someone else is getting emails, somebody belched delicately. Everyone waits. This is the life of the law.
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Judge arrives and parties announce themselves. "I take it defense counsel is waiving Mr. Avenatti's presence for purposes of this call?" judicial shade. Judge says he's informed Avenatti is detained and marshals are ordered to get Avenatti to SDNY "forthwith."
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"Forthwith" is federal judge speak for "if you have to be in front of me again and have me ask why it's done yet, you won't like it." Speculation that Avenatti will be in SDNY by Friday or next week.
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Judge says he spoke with the Marshals - which the Marshals, I suspect, did not enjoy -- and Avenatti will be there by Friday. He begins to discuss trial date. Maybe a few day delay?
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Avenatti's lawyer: problem is far beyond starting trial on schedule. We don't have the resources to have the tools to represent the client. We can't pay our expert. Can't pay witness travel. Can't pay courtroom technical assistance. Calls it "absolutely totally unexpected."
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Avenatti's lawyer asks for time to talk to him about resources, but speculates that Avenatti may have NO resources based on allegations in CA. May need -- possibly -- to have Avenatti have an indigency hearing.
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Avenatti's lawyer calls it "going to war with no resources where the government has all of them." Unless resolved, cannot move forward. May have to do a "hard reset."
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[If Avenatti's lawyers genuinely did not foresee the money could disappear, they're total morons. But they're not total morons.]
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Government takes hard-ass line, saying that financial hardship does not allow "hard reset" or open-ended continuance. Avenatti's financial condition hasn't changed. If defense needs to seek CJA resources they can.
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Avenatti's defense lawyer: circumstances have changed radically because now defense team is on notice claiming that Avenatti's money is somehow improperly used. We would be very reluctant to use that money or advise Avenatti to use it. [he's right]
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Q: Is Avenatti in fact playing for the most insane and dramatic bio that he can ultimately sell as a book and production rights, ala Jordan Belfort or Frank Abagnale? and if so, can costs be secured against those licensing rights?
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