scorecard
  1. Home
  2. Politics
  3. Michael Avenatti withdrew his petition to be admitted into Michael Cohen's case after Trump's lawyer hit him with a broadside in court

Michael Avenatti withdrew his petition to be admitted into Michael Cohen's case after Trump's lawyer hit him with a broadside in court

Allan Smith   

Michael Avenatti withdrew his petition to be admitted into Michael Cohen's case after Trump's lawyer hit him with a broadside in court

Michael Avenatti

AP Photo/Richard Drew

Michael Avenatti.

  • Stormy Daniels' attorney, Michael Avenatti, had a rocky day in court.
  • He withdrew his petition to be admitted into the case involving President Donald Trump's longtime lawyer, Michael Cohen.
  • Trump and Cohen's attorneys went after him extensively.
  • Avenatti stood his ground and said the day doesn't change his strategy moving forward.


Michael Avenatti, the attorney for the porn star known as Stormy Daniels, experienced a rocky day in court Wednesday that ended with him withdrawing his petition to appear in the case involving Michael Cohen, President Donald Trump's longtime lawyer.

Avenatti said he will refile that motion, "if necessary, at a later time." But his withdrawal capped off a dramatic morning before US District Judge Kimba Wood, during which Avenatti and Cohen's attorney, Stephen Ryan, battled extensively over whether Avenatti could participate in the case.

Ryan blasted Avenatti for publishing banking records that showed businesses such as telecommunications giant AT&T and drug company Novartis made controversial payments to Cohen's company, Essential Consultants LLC.

"I've never seen an attorney conduct himself the way Mr. Avenatti conducted himself," Ryan said. "What Mr. Avenatti did in releasing those records was entirely improper."

Ryan said Avenatti "intended to cause harm to my client" and "succeeded," charging that Avenatti's actions were "reckless." Ryan noted that Avenatti included information about additional people named Michael Cohen in his report, calling it a "drive-by shooting of anyone named Michael Cohen" and "a premeditated drive-by shooting of my client's rights."

Kimba Wood

Amy Sussman/Getty Images

US District Judge Kimba Wood.

Avenatti fired back when he had his next opportunity, insisting that "95%" of what Ryan said was incorrect and that he and his client "did not do anything improper relating to the release of any information concerning Mr. Cohen."

Avenatti said he had not been contacted by the Treasury Department inspector general or any law enforcement agency investigating the leak of Cohen's financial documents, known as Suspicious Activity Reports.

And Avenatti said there has been no indication that those records have any connection to what is before Wood's court regarding the criminal investigation into Cohen.

Cohen is the focus of a criminal investigation in the Southern District of New York into whether he violated campaign-finance laws or committed bank fraud. Avenatti's client, Daniels, is suing Cohen and Trump in California, seeking to get out of a non-disclosure agreement that paid her $130,000 for her silence.

The judge chides Avenatti

Wood needled Avenatti for his "publicity tour" - which she said was not meant to be a pejorative. Avenatti's frequent press appearances would have to end if Cohen faces a criminal trial and Avenatti is allowed to appear before the court, Wood said, noting that his media blitz could taint a potential jury pool.

That means no more document dumps and no opinions on Cohen's abilities, she said.

The most dramatic moment, however, came just before court was adjourned. Trump's lawyer, Joanna Hendon, took the microphone for one of the only times she spoke during the hearing.

"When I came into the courthouse this morning, there was a podium with eight microphones," she said, adding that "no one wanted to take my picture" as she walked in.

She pointed to a bankruptcy judgment against Avenatti's firm. Last week, US Bankruptcy Court Judge Catherine Bauer ordered Eagan Avenatti to pay $10 million to Jason Frank, a lawyer who used to work at the California firm, after Avenatti failed to pay Frank $2 million this month.

Responding to Hendon, Avenatti slammed the irony that Trump has had his own "fair share of bankruptcies over the year." He said that the bankruptcy ruling was irrelevant because he was not representing Daniels through that firm, Eagan Avenatti.

"You are the named partner in each firm," Wood responded. "What is the distinction here?"

Hendon then took the microphone again and said she would present an exhibit to the court.

A stunned Avenatti stood up and said: "Your honor, I have no idea what this is."

Hendon presented emails from Avenatti that appeared to contradict his sworn affidavit to Wood. The affidavit said Daniels was represented by Avenatti & Associates, another Avenatti firm. Letterhead from the emails Avenatti exchanged with Trump's lawyers regarding Daniels displayed the Eagan Avenatti firm. (Of note, Avenatti uses his Eagan Avenatti email to discuss the case with reporters.)

"When someone, especially a lawyer, is prepared to be not straightforward, and cute, and I would say misleading, with the court, on the tiniest of matters, it raises a serious question about how that person, how that lawyer will conduct themselves on the more serious matters," Hendon said.

Joanna Hendon

Drew Angerer/Getty Images

Joanna Hendon, Trump's lawyer.

In concluding the proceedings, Wood put Avenatti's motion to appear on hold.

"Until you are admitted here, I don't expect you to stand and be heard here," she said.

'It means absolutely nothing'

Asked by Business Insider outside of the courthouse whether he was disappointed by Wednesday's proceedings, Avenatti said he was "not disappointed at all."

He pointed to Cohen's attorneys seeming to confirm audio recordings exist between Cohen, Keith Davidson, Daniels's first attorney, and others, including possibly the president. Avenatti alleged in court that tapes involving his client and Davidson were leaked to the press, which Cohen's attorneys denied.

"I think that today will become a seminal moment in our nation's modern history because we have an admission that the attorney for the president of the United States was recording conversations with the president for years on end, and those recordings were seized by the FBI and they presently exist," Avenatti said.

Pressed about whether he would change his strategy in light of Wood's comments, Avenatti said he has done "nothing wrong with regard to the release of information."

"We are not under investigation," he said. "Any claim to the contrary is a bunch of nonsense and is brought by people who don't want the information released to each of you and don't want the information released to you. We live in a democracy, a free society where people have an expectation of receiving information timely and accurately. This isn't Russia."

As he was turning the corner and nearing his car, Avenatti was asked about sending emails from the Eagan Avenatti account in matters pertaining to Daniels.

"There are various signature blocks on emails. It means absolutely nothing," he said.

READ MORE ARTICLES ON



Popular Right Now



Advertisement