Michael Avenatti (Photo by Jennifer S. Altman/For The Washington Post via Getty Images)
Michael Avenatti isn’t known for his sound judgment. Sure, once upon a time (2018) he was lawyer of the year, but, what with the multiple convictions (defrauding former client Stormy Daniels through aggravated identity theft and wire fraud, trying to extort Nike, embezzling millions of dollars from four of his clients and obstruction) and some heavy prison sentences, well, the bloom is off that rose.
So, why is he on television opining about the New York hush money case against Donald Trump? Sure, he was Stormy Daniels’s attorney before he stole from her, but he’s on MSNBC’s The Beat with Ari Melber talking about the strength of District Attorney Alvin Bragg’s case, saying it’s the “wrong case at the wrong time.” Cue all the side eye in the entire world as he’s making the proclamation about the merits of the New York case against the former president FROM FEDERAL PRISON.
He continued:
I think that the case is, in many ways, stale at this juncture. You’re talking about conduct that occurred some eight years ago. I think the fact that it’s occurring in state court in New York is a mistake, and I think that when you are going to potentially deprive tens of millions of Americans of their choice for the presidency of the United States…I think it’s a mistake to do it based on a case of this nature.
So he doesn’t want New York state crimes prosecuted in New York state? That’s *a* take. He says he wishes the January 6th related charges had been brought against Trump earlier — which same — saying, “I was hoping, frankly, that there would have been less handwringing, less bed-wetting, and that the January 6th case would’ve been filed in a more timely manner. There’s no excuse or reason as to why that case could not have been brought in 2021.” But the federal government’s inability to get things done at a reasonable pace only supercharges the necessity of New York stepping up with their own case (for a very different set of alleged crimes, I might add).
But despite trashing Bragg’s case, Avenatti still predicts he’ll win and Trump will be convicted. On appeal, however, he’s less optimistic:
And I think it’s going be tested on appeal when Trump is convicted. And again, I think he will be convicted. That doesn’t necessarily mean it’s going hold up. I believe if you’re going bring a case against a sitting president or a former president, who tens of millions of people support, especially in today’s day and age with how divided we are, I think it needs to be a rock-solid, lock tight, nearly perfect prosecuted case. Because otherwise, you run a huge risk as to what it’s going mean for the country.
Vintage Avenatti right here — bold proclamations and headline-grabbing rhetoric — but it remains to be seen if he has a better grasp on the New York appellate scene than he does on the law of embezzlement.
Watch the full appearance below.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.