Avenatti asks for release of Cohen recordings

Stormy Daniels' attorney Michael Avenatti asks for the release of Michael Cohen's audio recordings.

Posted: May 31, 2018 5:19 AM
Updated: May 31, 2018 5:19 AM

Michael Avenatti, the relentlessly media-savvy attorney for the pornographic film director and actress Stephanie Clifford (aka Stormy Daniels), wasn't his usual ebullient self Wednesday morning at Manhattan's Daniel Patrick Moynihan United States Courthouse.

Representing Clifford as an "interested party" in the federal matter pertaining to the search warrants executed in April on the home, office and hotel room of Donald Trump's personal lawyer, Michael Cohen, Avenatti couldn't find a seat at the table -- literally or figuratively.

Lawyers for the other represented parties (Cohen, President Donald Trump and the Trump Organization) wouldn't make room for Avenatti at counsel's table, and so Avenatti made due by pulling up a chair at the end of the back table, cater-corner to Ellen Beth Resnick, a lawyer for the Trump Organization.

He also didn't have a microphone, so he had to get up and walk across the courtroom to stand at the podium any time he wanted to address Judge Kimba M. Wood, the federal district court judge presiding over the matter.

Avenatti's purported objective has been to represent Clifford as a formal, intervening party in Cohen's case, the entirety of which has very little to do with his client.

Avenatti has been adamant in court filings that his fight to represent Clifford, and thus to be admitted to practice law in the Southern District of New York on a pro hac vice basis ("for this occasion only"), stems from his duty to protect her interests in any records -- including any audio recordings between Cohen and Clifford's former attorney Keith Davidson -- that may have been swept up in the FBI raids of Cohen's premises.

On Twitter, Avenatti has dubbed these possible recordings the "#TrumpTapes," although there was absolutely no indication made by any party at the hearing that Trump was -- or was even possibly -- on those recordings.

Unfortunately for Clifford, this may be where Avenatti's winning streak comes to an end.

Until this point, Avenatti has been pursuing a dual pronged approach: duking out multiple legal issues, both in the various legal courts in which he has filed cases (or in this instance, in a case in which he would like to formally represent a party), and in the court of public opinion. He has been making multiple cable news appearances, sometimes several times a day on several different networks, arguing for his client. He even pressed his case in an appearance on Stephen Colbert's "The Late Show."

He is now at a crossroads, and he may have to forgo at least one courtroom battle. Wood was nonplussed by Avenatti's colorful and impassioned rhetoric, which included his assertion that he has been "an exemplary member of the bar for 18 years" with an "exceptional track record."

At the end of one of Avenatti's soliloquies, Wood noted that he has "no standing to make these points," and that "until you are admitted here, I don't expect you to stand and be heard." That's basically lawyer speak for "you have no right to be here."

In keeping with their stance in court filings, Cohen's attorney, Stephen Ryan, on Wednesday vehemently opposed Avenatti's request to join the case, citing Avenatti's release of confidential bank records to the media. "I've never seen an attorney conduct himself in the way he has," Ryan said, and called Avenatti's behavior reckless.

Matching Avenatti's flare for the dramatic, Ryan noted that he's never opposed a motion of this nature in his 37 years of practice, but he did so on Wednesday because of Avenatti's "intentional, malicious, and prejudicial release of information" which amounted to a "drive-by shooting" of his client.

Taking these and other matters into consideration, Wood calmly warned Avenatti that if he were to be admitted in this matter, "You'd have to stop doing some of the things you've been doing." On the other hand, she noted, if he is not formally allowed to intervene in this case, she can't stop him from continuing his "publicity tour." It seems this warning struck a chord with Avenatti.

Immediately after the conference, Avenatti withdrew his pro hac vice motion, stating he would refile his application at a later date if necessary. After the conference, he proceeded directly to the microphone podium outside the courthouse to make a short statement, as has been his signature practice (none of the other attorneys stopped for comment), and to introduce his "Trump Tapes" designation for media consumption.

So, it seems Avenatti has chosen to continue his media blitz, rather than peruse an actual seat at the table before Wood; we will no doubt be hearing from Avenatti on a cable news broadcast imminently, but we won't be hearing from him again anytime soon in Wood's courtroom.

Minnesota Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 62993

Reported Deaths: 1731
CountyConfirmedDeaths
Hennepin19873842
Ramsey7827270
Dakota4610106
Anoka3841115
Stearns292820
Washington222748
Olmsted179123
Nobles17777
Scott163422
Mower11112
Rice10468
Blue Earth9465
Wright9185
Carver8993
Clay79440
Sherburne75310
Kandiyohi7141
St. Louis62120
Todd4302
Lyon4263
Watonwan3671
Freeborn3611
Nicollet35613
Steele3562
Benton3253
Winona26616
Beltrami2640
Crow Wing25214
Le Sueur2301
McLeod2240
Martin2105
Chisago2091
Goodhue2059
Otter Tail2044
Cottonwood1780
Becker1621
Pipestone1589
Polk1564
Waseca1561
Carlton1470
Itasca14612
Douglas1442
Isanti1370
Unassigned13546
Dodge1310
Pine1290
Murray1251
Chippewa1171
Morrison941
Wabasha930
Brown922
Faribault920
Meeker872
Rock860
Sibley862
Koochiching833
Cass802
Jackson790
Pennington751
Mille Lacs733
Fillmore720
Renville675
Lincoln610
Grant563
Swift561
Roseau530
Yellow Medicine530
Pope480
Houston450
Aitkin411
Norman400
Kanabec372
Redwood370
Hubbard360
Wilkin353
Marshall290
Wadena280
Mahnomen271
Big Stone250
Red Lake240
Lake220
Stevens180
Clearwater140
Traverse130
Lac qui Parle80
Cook50
Lake of the Woods40
Kittson30

Iowa Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 50230

Reported Deaths: 955
CountyConfirmedDeaths
Polk10612210
Woodbury377052
Black Hawk320066
Linn245689
Johnson213820
Dallas193235
Buena Vista180012
Scott176815
Dubuque173431
Marshall145627
Pottawattamie136729
Story118915
Wapello93435
Muscatine86048
Webster8498
Crawford7393
Cerro Gordo65617
Sioux6533
Warren5861
Tama55729
Jasper48427
Wright4821
Plymouth47912
Clinton4344
Dickinson3844
Louisa37814
Washington30510
Boone2723
Franklin25512
Hamilton2551
Bremer2337
Clarke2063
Clay2021
Carroll2012
Des Moines1992
Emmet1934
Shelby1881
Hardin1860
Marion1830
Floyd1673
Benton1621
Jackson1601
Poweshiek1608
Allamakee1584
Mahaska14217
Henry1404
Guthrie1385
Buchanan1351
Cedar1351
Jones1352
Butler1312
Lee1294
Madison1282
Hancock1242
Humboldt1241
Delaware1231
Lyon1232
Pocahontas1212
Harrison1131
Cherokee1101
Clayton1093
Winneshiek1021
Page1000
Taylor1000
Iowa981
Kossuth970
Mills941
Monona920
Winnebago920
Palo Alto910
Fayette900
Calhoun872
Cass871
Jefferson870
Sac860
Osceola850
Grundy831
Union811
Mitchell800
Monroe758
Lucas734
Worth680
Davis612
Montgomery614
Chickasaw600
Appanoose523
Howard510
Fremont450
Greene420
Keokuk401
Adair380
Van Buren381
Ida330
Audubon291
Decatur270
Ringgold231
Wayne211
Adams170
Unassigned20
Rochester
Overcast
81° wxIcon
Hi: 83° Lo: 55°
Feels Like: 84°
Mason City
Broken Clouds
82° wxIcon
Hi: 85° Lo: 56°
Feels Like: 86°
Albert Lea
Scattered Clouds
82° wxIcon
Hi: 84° Lo: 55°
Feels Like: 87°
Austin
Scattered Clouds
81° wxIcon
Hi: 84° Lo: 56°
Feels Like: 85°
Charles City
Few Clouds
81° wxIcon
Hi: 84° Lo: 58°
Feels Like: 85°
Sever storm chances return for Friday night
KIMT Radar
KIMT Eye in the sky

Latest Video

Image

Sean's Weather 8/14

Image

Car thefts on the rise in Rochester

Image

Rochester Repertory Theatre Company hosting drive in theater

Image

NSIC suspends athletic competitions through the end of the year

Image

IGCA releases all-state honorees

Image

Former Austin Bruin lands on pro roster

Image

Constituents come out to hear VP Pence

Image

Sara's 10pm Forecast - Thursday

Image

Rochester Civic Theatre Unveils New Production

Image

Addressing Diversity in City Government

Community Events