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Fri Jun 15, 2018, 09:28 AM

 

Cohen files for restraining order against Avenatti


This amusing filing popped up on the docket in the Stormy Daniels case this morning.

https://www.courtlistener.com/recap/gov.uscourts.cacd.704250/gov.uscourts.cacd.704250.60.0.pdf

The current status of that case is that Avenatti's motion to lift the stay is fully briefed for hearing on June 22. So, for light entertainment, Cohen decided to go with this.

Of note is the extended excerpt from the transcript before Judge Wood in the SDNY proceeding involving the Cohen search warrants:

11 Judge Kimba Wood, who is presiding over Mr. Cohenís action in the Southern
12 District of New York relating to materials seized during FBI raids of his home, office
13 and hotel room (the ďCohen SDNY ActionĒ), already came to this conclusion when
14 she recently admonished Mr. Avenatti in connection with his failed attempt to be
15 admitted pro hac vice in the Cohen SDNY Action:

16 Iíve a different view from you [Avenatti], from the one you have
17 expressed earlier as to what it is that would subject you to the standards
18 for professional responsibility in this court.
19 In my view, this matter, which is a potential precursor to a criminal
20 trial if charges are filed against Mr. Cohen, I believe that once you are
21 participating in this proceeding, you are subject to the New York Code of
22 Responsibility 3.6 and the local rule for the Southern District of New York
23 23.1. That means that you would have to stop doing some things you have
24 been doing. If you participate here, you would not be able to declare your
25 opinion as to Mr. Cohenís guilt, which you did; you would not be able to
26 give publicity to documents that are not public. It would change your
27 conduct. That is my only possible role in doing what Mr. Cohenís lawyers
28 want, which is, to essentially stop in its tracks your publicity tour on TV
1 and elsewhere. And I say ďpublicity tourĒ not in a derogatory sense. You
2 are entitled to publicity so long as Ė that is, I canít stop you, unless you are
3 participating in this matter before me.

4 So I either want you to participate or not be in the matter at all. I
5 donít want you to have some existence in limbo, where you are free to
6 denigrate Mr. Cohen and I believe potentially deprive him of a fair trial by
7 tainting a jury pool. I know a jury, if there is one, is way down the road,
8 and memories certainly may fade, but this conduct is inimicable to giving
9 Mr. Cohen eventually a fair trial.

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Reply Cohen files for restraining order against Avenatti (Original post)
jberryhill Jun 2018 OP
Crutchez_CuiBono Jun 2018 #1
jberryhill Jun 2018 #2
Crutchez_CuiBono Jun 2018 #3

Response to jberryhill (Original post)

Fri Jun 15, 2018, 09:30 AM

1. Professional responsibility....

that's a two way street. What a joke.

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Response to Crutchez_CuiBono (Reply #1)

Fri Jun 15, 2018, 10:50 AM

2. No, it's not a two way street

 


There is not some exception to one's own responsibilities premised on "if the other guy is a scumbag".

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Response to jberryhill (Reply #2)

Fri Jun 15, 2018, 10:51 AM

3. Yeah

I get it. It's just how honor works. Ethics being closely tied to honor.

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