On
Avenatti Finance Inner City Press Asks
Nike Judge For Affidavit To Be Public As
On Stormy
By Matthew
Russell Lee, Patreon
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SDNY COURTHOUSE,
July 30 – Michael Avenatti's
financial affidavit to get a
publicly paid lawyer in the
Stormy Daniels case in the
U.S. District Court for the
Southern District of New York,
which Inner City Press
formally sought to have
unsealed for eleven months,
were on July 27 been ordered
unsealed. Order.
Podcast here.
On
July 30, for Avenatti's appeal
of his Nike extortion
conviction, SDNY Judge Paul G.
Gardephe ordered him to submit
a financial affidavit: "MEMO
ENDORSEMENT as to Michael
Avenatti on re: [345] LETTER
MOTION filed by Michael
Avenatti addressed to Judge
Paul G. Gardephe from Attorney
Scott Srebnick dated July 28,
2021 re: Declaration of In
Forma Pauperis status for Mr.
Avenatti for direct appeal.
ENDORSEMENT: Defendant Michael
Avenatti must submit an
affidavit pursuant to 28
U.S.C. 1915(a)(1) before the
Court may rule on his in forma
pauperis status. SO ORDERED.
(Signed by Judge Paul G.
Gardephe on 7/30/2021) ."
Hours
later, Inner City Press filed
a request that this financial
affidavit not be filed under
seal or "ex parte" - without
notice. Here is Inner City
Press' July 30 filing, on
DocumentCloud, here.
Watch this site.
When after
three days of jury selection
the trial of Michael Avenatti
for extorting Nike began on
January 29, 2020 Assistant US
Attorney Robert Sobelman told
the selected jurors that
Avenatti was supposed to look
out for the interests of his
client, but he did not - he
had a weapon, social
media. More on Patreon here.
On August
7, 2020 in the Stormy Daniels
case, Avenatti had motions
heard by U.S. District Court
for the Southern District of
New York Judge Jesse M.
Furman. Inner City Press live
tweeted it, here.
On August
27, Inner City Press filed a
formal request that documents
in the case not be sealed,
full filing on Patreon here.
On
November 12, Inner City Press
made a third filing with Judge
Furman, on a decision
to unseal issued earlier in
the day by SDNY Judge J. Paul
Oetken after Inner City Press
filed to similarly unseal Lev
Parnas' co-defendant David
Correia's financial infor: "we
again ask, why should lower
income and less high profile
defendants in the SDNY -- and
now David Correia -- have
their financial information so
disclosed while Avenatti's
information is sealed in its
entirety?
The documents at issue should
not be sealed and should be
made available."
On August
28, 2020 Judge Furman entered
an order: "The Court received
the attached communication
from Matthew Lee of Inner City
Press “seeking leave to be
heard and for the unsealing of
the CJA Form 23, affidavit,
and all associated documents”
relating to this litigation.
To the extent that Mr. Lee
(who is admitted to the bar of
the Southern District of New
York) seeks leave to be heard,
his application is GRANTED.
The Court reserves judgment on
the question of whether
Defendant’s CJA Form 23 and
related documents should be
unsealed. SO ORDERED. Dated:
August 28, 2020 New York, New
York JESSE M. FURMAN." Docket
No. 85, on Inner City Press'
DocumentCloud, here.
Now on
July 27, 2021, Judge Furman
four times citing Inner City
Press has ordered
Avenatti's affidavits
unsealed: "Avenatti filed a
letter brief arguing that the
Initial Financial Affidavit
should remain under seal. ECF
No. 80 (“Def.’s Mem.”).
Thereafter, the Court received
submissions from Inner City
Press, a media outlet that
intervened to seek disclosure
of the Financial Affidavits,
ECF Nos. 85, 90, 99... The
Defendant initially argued
that the Government lacked
standing “to assert any right
on behalf of the public to
access Mr. Avenatti’s sworn
financial statements.” Def.’s
Mem. 7 n.1 (citing United
States v. Hickey, 185 F.3d
1064 (9th Cir. 1999)).
Subsequently, however, the
Court granted leave to Inner
City Press to be heard on the
Defendant’s motion, ECF No.
85, which indisputably does
have standing to assert such
rights." Full order here,
filings due August 10. Watch
this site.
This case is US v. Avenatti, 19-cr-374
(Furman).
***
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