The bombastic legal adviser to Stormy Daniels is taking cues from the era of O.J. Simpson and Monica Lewinsky.
All of the elements have worked in Avenatti’s favor: the missteps of President Trump’s lawyers and media defenders, the desire in Resistance America for a counterpoint to Trump’s dominance, and the eagerness of cable news to amplify and obsess over people who cause a spectacle.
.. Of course, this has long ceased to be just about Stormy Daniels, whose real name is Stephanie Clifford, and her legal dealings with the president with whom she says she had an affair. Daniels says Trump bought her silence—for a while—through his lawyer/fixer Michael Cohen for $130,000. The saga has taken on a life of its own, with Avenatti treating it like an episodic television show, teasing information reveals, getting into all-out scraps with critics, and generally making it a capital-T Thing.
.. “I’m the lawyer for Stormy Daniels in the first instance and I’m the lawyer for the truth in the second instance,” he said on MSNBC last week.
.. It’s a field in which lawyers often operate as “lone wolves,”
.. Avenatti is not the first lawyer to rely heavily on media attention to litigate his case, nor is he the first to do this in a case involving the president. There are examples in the not-so-distant past: Monica Lewinsky’s lawyer William Ginsburg, famous for inventing the “full Ginsburg” maneuver of doing all of the Sunday talk shows the same day, and the lawyers for Paula Jones, who sued Bill Clinton for sexual harassment in 1994.
Joseph Camaratta, one of Jones’s lawyers, said he saw similarities in what Avenatti was doing “in the sense that you wanted to move the case along, keep the president on his heels, and, to the extent permitted, use the media as a tool in the toolbox.”
.. Camaratta said Avenatti had done a “masterful job” getting Daniels out from under the NDA. “He wants to invalidate the arbitration, he wants to take the president’s deposition. These are all things I’d be doing. These are all the right things to do for an aggressive trial lawyer.”
.. Alan Dershowitz, who worked on O.J. Simpson’s defense team and who has become a Trump confidant, said that Avenatti’s approach is the right one if he’s truly doing it for Daniels’s benefit and not just for himself.
.. “Here the object is not just to win the lawsuit, it’s to destroy the presidency. It’s to create problems for Trump.”
.. whereas the Simpson case unfolded during the early rise of cable news, the Daniels case is playing out in a landscape dominated by social media. Everything is faster, and there are more news cycles per day.
.. Ken White has criticized Avenatti’s threatening reporters who have written about him—something that has happened several times. An email he sent to Daily Caller reporters threatening to sue them, for example, was in White’s view poorly executed because it failed on a number of levels to be a credible threat, neglecting to list specific complaints and identifying itself as off the record, a demand for secrecy that makes the substance of Avenatti’s complaint seem specious.
.. On Twitter, White coined a term—“Avenattos”—for Avenatti’s adoring followers, whom he sees as analogous to Trump’s
.. Avenatti, he said, is “beating Trump at his own game.”
.. Avenatti, who briefly changed his Twitter avatar to a version of Shepard Fairey’s famous Barack Obama poster but with his image instead of Obama’s and his catchphrase “Basta”—meaning “enough” in Spanish or Italian—instead of “Hope,”
.. Avenatti has said he would like to face off against Giuliani on Fox and Friends.
.. “He’s out-lawyered them and out-media’d them. It’s an easier job because he has an easier client.”
.. Turley said. He added that the NDA had been poorly constructed, giving an opening for Avenatti to argue that his client shouldn’t be bound by it.
.. Trump’s lawyers, Turley said, had “tripped every wire that Avenatti has put in front of them.”
.. agent Jay Sures had pitched television executives on a Crossfire-style show starring Avenatti opposite Anthony Scaramucci
.. There’s also been interest in his personal life; he filed for divorce against his wife Lisa Storie Avenatti in December 2017
.. Avenatti also defaulted on back taxes he agreed to pay the government.
Stormy Daniels’s lawyer is a media star. So why is he threatening journalists?
He has proved to be irresistible media catnip : flamboyant and fast-talking with a bottomless pocketful of scoops and quotes.
.. stories circulated of Avenatti threatening or harshly criticizing three media organizations: the Daily Caller, the Hollywood Reporter and Law & Crime, a legal website.
.. “If you and your colleagues do not stop with the hit pieces that are full of lies and defamatory statements, I will have no choice but to sue each of you and your publication for defamation,”
.. Here is the charismatic ratings-meister who thrives in the spotlight, but when the coverage turns negative, he goes on the attack against the very press that benefits him.
.. “Avenatti seems quite Trumpian in both loving media attention and acting quite contemptuously toward the free press.”
.. Identifying errors, and asking for corrections, is always legitimate, of course.
But should a fit of pique really include threats to sue journalists and their news organizations for defamation?
.. he sees Avenatti being treated as a hero because a lot of people agree with his anti-Trump agenda.
But he says he shouldn’t get that kind of a pass.
.. Liberals’ faulty thinking about Avenatti goes like this, he said: “It’s okay if he acts badly because he’s accomplishing things.”
.. White sees a clear parallel to the way avid Trump supporters defend the president’s unsavory behavior: “Take him seriously, not literally” — simply because it’s someone whose agenda you like.
.. “I generally support standing up to Trump and Cohen,” White said, “but when Avenatti makes frivolous legal threats, he’s acting just like them.” (Trump is well known for threats to sue journalists, very few of which have come to pass.)
Avenatti is effective, in part, because he plays the same game as Trump, with a gleeful willingness to attack and an instinct for manipulating journalistic appetites.
Show Starring Avenatti and Scaramucci Is Being Pitched to Television Executives
A television show featuring Michael Avenatti, the lawyer who is suing President Trump on behalf of a pornographic film actress, and the former White House communications director Anthony Scaramucci was pitched to two cable networks in recent weeks, people briefed on the matter said on Thursday.
.. Before becoming a fixture on cable news as counsel to Ms. Clifford, Mr. Avenatti had made a name for himself in California legal circles by mixing serious cases — like a $454 million verdict he won against Kimberly-Clark and Halyard Health for claims they were selling defective surgical gowns — with more tabloid-friendly suits against the celebrities Paris Hilton and Jim Carrey.
.. He had an early mentor in the aggressive use of media in Mayor Rahm Emanuel of Chicago, a veteran of the Clinton and Obama administrations. Mr. Avenatti worked during college and law school at Mr. Emanuel’s political communications firm, the Research Group. The firm specialized in so-called opposition research, or digging up potentially embarrassing information on opponents for future use in the press.
Stormy Daniels already had a defamation claim against Trump. Now she has a splendid case.
Stormy Daniels already has a defamation claim against President Trump based in part on his accusation that her story that she was threatened in a parking lot was false. (Trump says the claim of an affair was “false and extortionist.”) Now she has a splendid case.
Accusing someone of a crime is defamation per se, meaning no damages need to be proved. Avenatti will be entitled to depose Trump under oath to ask such nettlesome questions as:
- Did you have sexual relations with my client?
- Did you publicly deny knowledge of a settlement payment on national TV?
- Did you reimburse Michael Cohen for fronting the money?
- Did you break up the payments in monthly installments? Why?
- Have you made other payments to remain silent about adulterous affairs? How many? Did they all extort money from you, in your view? What are their names? How much did you pay out?
.. According to Daniels, Cohen strong-armed her into making a settlement. She, in other words, was the victim of a pressure campaign, not its instigator. Cohen would therefore need to answer questions that parallel inquiries for Trump. One or both might take the 5th — which many Americans would interpret as evidence one or both violated criminal campaign laws.
Avenatti has advantages over Robert S. Mueller III. Avenatti can needle Trump daily on TV, a tactic that already pushed Trump to lie publicly about his knowledge of the settlement. Avenatti can not be fired by Trump. Pursuant to the Paula Jones case, Daniels’s lawyer unquestionably has the right to depose Trump under oath.
There is delicious karma in this happening to Trump, who bludgeoned Hillary Clinton during the campaign for allegedly helping her husband to falsely smear women who accused the philandering president of sexual conduct. We reach karmic overload when we note that Trump has spent a lifetime threatening to and actually filing lawsuits alleging defamation.