If Michael Cohen doesn’t want Michael Avenatti to show up at his federal court hearing next week, Cohen’s lawyers are going to have to find a legal basis to block him – and fast.
U.S. Judge Kimba Wood ruled Wednesday that Cohen had to promptly respond to Avenatti’s motion to intervene at a status conference related to the criminal investigation into Cohen’s financial dealings. The proceeding is focused on the rules governing materials seized from Cohen’s premises by federal agents.
In her ruling, Wood pointedly wrote that Cohen “should include citations to any legal authorities that support his position.”
Last week, after Avenatti released a document detailing some of Cohen’s private bank records, Cohen’s lawyers submitted a filing requesting that Avenatti be barred from intervening for spreading “misinformation.” They cited a few parts of Avenatti’s document that appear to have mistakenly conflated Cohen with a Canadian businessman who shares his name.
But the key information released by Avenatti has been confirmed by several major news outlets. It showed that Cohen set up a shell company to receive huge corporate payments and handle hush money payouts to his client, adult film star Stormy Daniels. Daniels alleges that she had an affair with President Trump in 2006.
Avenatti responded this week with a sharp letter of his own, pointing out that it was his First Amendment right to publish information that is “of the utmost public concern.” He said Cohen’s team’s arguments should be rejected based on their failure to “cite a single statute, rule, case or any other legal authority” supporting their position.
Wood gave Cohen’s lawyers a Friday evening deadline to respond. The hearing is scheduled for next Thursday, May 24.
On the one hand, Cohen has some pretty sharp lawyers who can file something real and solidly argued instead of the PR stunt they started with. On the other, do they have a leg to stand on?
Everything Avenatti has said and done so far has proved to be significant and legal. Seems doubtful this attorney has any b.s. in him at all from his performances on every stage.
I can’t think of any good reasons Avenetti should be excluded. This just sounds like so much whining to me.
Won’t he’s to smart and we don’t like him work for Cohen’s lawyers?
“It would make our client look bad, Sir” ?