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Update on Smollett
Jussie Smollett investigation: Judge orders Google to turn over a full year of the actor’s data as part of special prosecutor probe
A Cook County judge has ordered Google to turn over Jussie Smollett’s emails, photos, location data and private messages for an entire year as part of the special prosecutor’s investigation into the purported attack on the actor.
Two sweeping search warrants, obtained by the Chicago Tribune, provide the first public glimpse at the direction of the probe by special prosecutor Dan Webb more than four months into the investigation.
The warrants, filed last month in Circuit Court, sought a trove of documentation from Smollett and his manager’s Google accounts — not just emails but also drafted and deleted messages; any files in their Google Drive cloud storage services; any Google Voice texts, calls and contacts; search and web browsing history; and location data.
Investigators sought a full year’s data — from November 2018 to November 2019 — even though the key events in the controversy took place between late January and late March 2019. Authorities could be looking for any incriminating remarks from Smollett or his manager, especially in the months after State’s Attorney Kim Foxx’s office abruptly dismissed disorderly conduct charges against the then-"Empire" actor just weeks after his indictment. Smollett, who is African American and openly gay, has declared the dismissal a vindication of his claims that he was the victim of a racist and homophobic attack.
A timeline of the Jussie Smollett case »
The mysterious reversal by Foxx’s office — coming after Foxx herself stepped aside from overseeing the prosecution — sparked a public outcry that ultimately led Judge Michael Toomin to appoint Webb as special prosecutor in late August.
Toomin signed off on the search warrants on Dec. 6, the records show. In doing so, the judge ordered Google and its “representatives, agents and employees” not to disclose his order to turn over the records, saying to do so “may jeopardize an ongoing criminal investigation.”
More: https://www.chicagotribune.com/news/criminal-justice/ct-jussie-smollett-special-prosecutor-investigation-20200108-j3j3p2dypvf5vbbo5jpxrvcjsq-story.html
Avenatti Update:
In Court Filings, Michael Avenatti Hasn’t Changed One Bit
Chaos is a defendant’s best friend. And Michael Avenatti is going to do his level best to make his trial about anything—and anyone—but his guilt or innocence.
Caroline Court
By Caroline Court
JANUARY 8, 2020
On January 21, the first of three separate criminal trials against disgraced attorney Michael Avenatti is set to begin in New York City. This trial involves Avenatti’s alleged attempt to extort the sports apparel powerhouse Nike. The federal government alleges that after obtaining confidential information from a client that was potentially harmful to Nike, Avenatti used that information to extort Nike.
Specifically, the indictment alleges that Avenatti threatened to hold a press conference (we know he loves those!) revealing this potentially damaging information, but told Nike he would call it off … for money. In a recorded meeting, Avenatti told Nike it could either agree to pay Avenatti and another attorney $15 million ($12 million upfront, of course) in fees for a purported internal investigation into Nike’s conduct, or make a one-time payment of $22.5 million to Avenatti.
The government has claimed that Avenatti was more than $15 million in debt at the time of his meeting with Nike, and that his debt (including his inability to pay child support) was motive for his attempt to extort Nike. Avenatti has asked the court to keep such purported evidence out of his trial, arguing that it “logically makes no difference” why he hoped to be paid by Nike, “whether to pay off debts, travel the world, or save up for a rainy day.” Avenatti also disputes that he was behind on child and spousal support.
Avenatti steadfastly maintains his innocence (one only need to peruse his Twitter feed), and claims his behavior was entirely legal. However, court filings recently revealed that the attorney who accompanied Avenatti to the meeting with the attorneys for Nike was not exactly comfortable with Avenatti’s behavior during the meeting. Indeed, that attorney was concerned Avenatti had “crossed a line,” and that his behavior may have become “extortionate.” Not sure I’d call this attorney as a witness if I were Avenatti.
Avenatti has made clear, however, that he would like to call several Nike employees to the witness stand. He has served subpoenas on seven different Nike employees, including two individuals that are in-house counsel at Nike. While I am not privy to the defense strategy, my guess is that Avenatti wants to be able to demonstrate to the jury that Nike was in fact engaged in wrongdoing.
There is little doubt in my mind that Avenatti will attempt to portray himself as a hero for exposing Nike’s misdeeds. (Surely, Avenatti’s lawyers know that the truth of damaging allegations underlying a threat is not a defense to extortion, right?)
More: https://thefederalist.com/2020/01/08/in-court-filings-michael-avenatti-hasnt-changed-one-bit/