The Fast and Furious Michael Avenatti

Avenatti was in the best shape of his life: 185 pounds, 9 percent body fat.

.. he still has the bearing of a light-heavyweight brawler.

.. n 2017, a Russian oligarch named Viktor Vekselberg had deposited around $500,000 into the same bank account Michael Cohen, President Trump’s former fixer, used to pay off Avenatti’s client in October 2016.

.. Avenatti, whose ability to steer a news cycle is rivaled by only the president’s, initially hoped to distribute the file that morning, thus ensuring wall-to-wall coverage for the better part of the day.

.. Avenatti had immediately zeroed in on a potential weakness in his strategy: The document wouldn’t stand up for long without independent corroboration, especially not if he insisted on keeping the source of his information anonymous.

.. The Times published an article revealing that Vekselberg had been interviewed by Mueller, the special counsel

.. “He’s smart that way,” a reporter on the Mueller beat told me. “He needs the television for attention, but he leans on print publications to vet the information he uses on TV.”

.. Avenatti does not employ a public relations specialist, preferring to handle all media scheduling himself

.. he was slumped in the makeup chair at the CNN studios in Columbus Circle, where he seemed to know most of the staff by name.

.. Jeff Zucker, president of CNN, appeared in the doorway, grinning. The men exchanged greetings and retreated to a corner of the greenroom to speak privately.

.. Avenatti shot back. “Right before we went live, The Times issued an article where they verified the accuracy of what we’ve released based on an independent review of other documents. There’s no question this is accurate.”

.. Cooper continued to press his guest, pointing out that the payments the document attributed to Vekselberg had actually come from Columbus Nova, an investment firm whose biggest client is a company controlled by Vekselberg. “At the very least, there may be no nefarious reason here at all that this company would have given $500,000 to Michael Cohen,” Cooper said. “They could’ve been hiring him for any number of consulting work — ”

Avenatti cut him off: “For what? For his legal skill and acumen? I doubt that.”

.. Pat Sajak, the “Wheel of Fortune” host and a notable Republican donor, stopped by the table to pay his respects, as did Andrew Napolitano, the Fox News legal analyst, who grabbed Avenatti by the head with both hands and pulled him into an awkward embrace.

.. Several outlets, including The New York Times, had reported that Avenatti was exploring the possibility of hosting his own cable-news program.

According to Avenatti, since early March he has been interviewed more than 200 times on network and cable TV.

.. Avenatti, Comedy Central’s Jordan Klepper has joked, “is on every single network, every hour of the freakin’ day. He’s got a toothbrush at CNN, a cot at MSNBC and a locker at ‘Riverdale.’

.. He has visited the sets of “The View,” “Real Time With Bill Maher” and “Megyn Kelly Today”

he has made two separate trips to Stephen Colbert’s couch at CBS, most recently to spar with the former Trump communications director Anthony Scaramucci.

.. Two decades ago, a different Los Angeles lawyer, William Ginsburg, appeared on all five Sunday talk shows on a single morning, in an attempt to vindicate his client, Monica Lewinsky, in the court of public opinion. The feat is known today as “the Full Ginsburg.”

.. Avenatti has taken Ginsburg’s underlying approach — let the American people be the jury — and updated it for the social-media era.

He has learned, with practice, to leverage Twitter in much the same manner as the president:

  • as a place to goad (“This is the best Mr. Trump can do?”),
  • a venue for self-aggrandizement (“This is getting too easy”) and
  • a direct conduit to an adoring base of supporters.

.. we also have Avenatti because the left so desperately desires an anti-Trump: A person who can elicit the same dopamine reaction in his supporters that Trump can from his.”

.. Like Trump, Avenatti is all Freudian id, loudmouthed and cocky. “I’m a mercenary,” he acknowledged to me. “That’s what people hire me for, and I don’t apologize for it.”

.. He traffics primarily in a commodity in short supply among left-leaning voters: hope.

.. Nancy Pelosi, recently told The New Yorker that she doesn’t “like to talk about impeachment,” but Avenatti has gleefully predicted Trump will be out of the office before his term ends.

.. Robert Mueller, no matter the outcome of his investigation, is unlikely to ever call Rudolph Giuliani a “pig” or Michael Cohen a “moron”; Avenatti uses both insults so frequently that they have become a kind of refrain.

.. On paper, at least, Avenatti’s campaign against Trump and his personal attorney, Michael Cohen, is limited to three lawsuits.

  1. The oldest, from March, seeks to void the 2016 nondisclosure agreement prohibiting Daniels from discussing her supposed affair with Trump, on the grounds that Trump failed to sign the document ..
  2. .. accuses Trump of defamation for calling Daniels “a total con job” on Twitter, after Daniels said she had been threatened by someone who warned her to “leave Trump alone.”
  3. .. final suit claims that Daniels’s previous attorney, Keith Davidson, conspired with Michael Cohen and President Trump to keep Daniels quiet

.. the results of the raid have not been made public, the evidence is widely believed to contain files pertaining to the Daniels payout, which Cohen has admitted to orchestrating and which Trump had previously denied knowing anything about

.. Avenatti, for his part, claims to already have all the damning evidence he needs

.. Avenatti often describes his media omnipresence as integral to his long game: It rattles Trump’s defenders — as appeared to happen when the president’s lawyer, Rudolph W. Giuliani, contradicted the White House and acknowledged payment to Daniels.

.. helped bring in almost $600,000 for a CrowdJustice account in Daniels’s name, which Avenatti says is his sole source of financing for the case. It has also generated leads for Avenatti, like the Vekselberg data. “None of this happens if we don’t have a high profile,” Avenatti said.

.. Daniels told me. “People forced to play defense tend to get sloppy, they tend to make mistakes. And look, if I didn’t think Michael was doing a good job, I would fire his ass.” But, she added, “every time I watch him work, I think, This is what it must have been like to see the Sistine Chapel being painted. But instead of paint, Michael uses the tears of his enemies.”

.. litigating a case in the press is not without risk. As one of Avenatti’s former colleagues, the lawyer Brian Panish, pointed out, “Michael is good with the media, but the media isn’t always going to do what he wants them to do.”

.. has seen his personal life and past investments raked over. Fox News tracked down his second wife, Lisa Storie, and elicited her opinions on their acrimonious divorce. (Storie recently told me that they were now on “really good terms.”)

.. CNN recently published a quadruple-bylined expose on bankruptcy proceedings against Eagan Avenatti

.. At times, he has seemed genuinely unsettled by the scrutiny

.. after The Daily Caller published a critical piece, he threatened to sue the conservative site for defamation. “If you think I’m kidding, you really don’t know anything about me,” he wrote to the reporter in a Twitter message, which was denounced by other journalists. “This is the last warning.” For many people, it was the first time Avenatti’s hardball tactics had spilled into public view.

.. the Texas trip bolstered his messianic standing among liberals, and invited claims, from detractors, that he is little more than a flagrant opportunist

.. to the people who know him best, the evolution into partisan firebrand is hardly surprising.

.. “Look, Michael has always been a hard-charging guy,”
.. And I think what we’re seeing now is that he’s a perfect foil for Trump, because he actually sees the world just like Trump does. He has that same faith in the spotlight,” Kabateck paused. “In a way, he is sort of is Trump.”
.. When Avenatti was 10 years old, his father, an executive at Anheuser-Busch, took him to an off-road car race
.. Avenatti was captivated. “The speed, the danger — I couldn’t look away,” he told me recently. “In retrospect, it was the feeling I’d get later on, working on a major legal case. You’re nervous, there’s a sense of fear, and also a sense of intense excitement.”
.. he was already incredibly driven, incredibly serious. I don’t think he ever relaxed.
.. To avoid going too deep into student-loan debt, Avenatti, who had long thought about going into politics, took a year and a half off from Penn and accepted a full-time job with Rahm Emanuel’s political-consulting firm, the Research Group.
.. the firm’s leadership soon promoted him to opposition researcher.
.. “This was before the days of the internet, so if you wanted to find clerk records or look up business disputes, you would have to go to the candidate’s jurisdiction,” Avenatti says. “I did a lot of flying around, a lot of gumshoeing.”
.. he says he participated in 150 campaigns in 42 states
..  It was an exceptionally demanding schedule for someone who had not yet finished his senior year in college, and by 1996, Avenatti was burned out on politics. 
.. Daniel Petrocelli. “Dan was the trial guru at O’Melveny,” Avenatti told me: He represented the family of Ron Goldman during the civil suit against O.J. Simpson and once went to battle for Disney over merchandising rights to Winnie the Pooh. “He was a street fighter,”
.. “But he was exceptional at speaking to juries, and I’d like to think he saw a little bit of him in me.”
.. A lot of what I absorbed from Dan involved his preparation,” Avenatti told me. “He was extremely diligent, and he was able to absorb a lot of information in a short period of time.”
.. He wasn’t going to stay at O’Melveny forever, no matter how high the pay. “The drafting, the redrafting of motions, the back and forth, he hated it,” Avenatti-Carlin told me. “He wanted to be more than a paper pusher. He wanted to be a change agent.”
.. In 2004, he sued the future president and the producer Mark Burnett for stealing the concept of “The Apprentice” from a client.
.. Avenatti was able to prove his client had pitched a pilot called “C.E.O.” to Burnett’s people. Trump and Burnett settled.
..  But such cases are expensive to litigate and can drag on for years, with little — or, in the event of an adverse verdict, nothing — to show for it. Still, the high-risk-high-reward aspect of the work appealed to Avenatti; it was a good fit, he thought, for his personality.
.. he defining case of his young career, suing the accounting giant KPMG for audit malpractice, for failing to notice or report the some $40 million the chief financial officer had embezzled
.. Michael was a force of nature. He was like a little computer: He’d sit there processing, synthesizing. Then he’d sit down with the witness, and you’d watch him set them up, listen to their answers, and set them up again. They didn’t know what hit them.
..  “Michael has lived large for as long as I’ve known him,”
.. “The thing with living large, though, is that the highs might be high, but the lows are going to be really low. You can crash hard.”
.. Avenatti was dealing with a potentially more costly legal matter, this one involving a former litigator at the firm, Jason Frank. In an arbitration case filed in California, Frank claimed that Avenatti had kept pertinent financial forms from him and generally misstated profits in order to avoid paying Frank millions.
.. A judge in Florida issued what’s called an automatic stay on Eagan Avenatti, a temporary form of bankruptcy that would remain in effect until the debt to Tobin was repaid.
.. which meant Frank could not move forward in his effort to recoup the millions he said he was owed
..  judge in charge of adjudicating the bankruptcy. Referring to what she described as a “stench of impropriety,” the judge said it was unclear whether “Tobin had some relationship with the firm that would have induced a collusive filing” or whether “Eagan Avenatti just got plain lucky.”
.. “At their root, the O’Malley thing and the Frank thing, they were both about Michael not playing nicely with others,”
..  “Michael has always been attack, attack, attack. That ability to sit down and calmly settle things behind closed doors, that’s the club missing from his bag. He has no reluctance about letting problems turn into public, very ugly brawls.”
.. “The kind of work I do,” Avenatti told me recently, “there’s usually a lot of money on the line, there are jobs on the line. It’s not a world that lends itself to everyone being friendly all the time. We’re certainly not sitting around holding hands, singing ‘Kumbaya.’ ”
.. Frank was approved by a bankruptcy judge: Eagan Avenatti was to pay Frank $4.85 million, with $2 million due in May. (That first payment was missed; the parties now dispute the terms of the settlement.)
.. Around the same time, Avenatti reached out to William Hearon, a lawyer friend, to talk about a new client he was considering representing in a civil suit.
.. Avenatti has taken great pains not to reveal how he was introduced to Stormy Daniels, possibly because he worries the story of their meeting could help fuel persistent suspicions that he is acting on behalf of a Democratic donor
.. The Times has reported that Avenatti reached out to major Democratic financial backers, including David Brock, to discuss funding for the lawsuit, but that no money changed hands.
.. “Michael never sought me out,” Daniels told me. “I hate it when people say Avenatti must have persuaded me to do this. I had the same conversation with him I had with other lawyers,” she went on. “Michael was the best choice. He never tried to discredit what I was saying. He believed me. He thought I was speaking the truth.”
.. And after Cohen subsequently produced a letter he said was signed by Daniels, denying an affair ever took place, she grew increasingly frustrated.
.. “Part of the reason that we went with a media-heavy strategy,” Avenatti told me, “was because we wanted to reset the narrative around my client. I wanted the American people to see what she’s all about. I wanted them to see her in the way that I had come to know her.”
.. Avenatti’s theatrics, and the often-intersecting paths of the Mueller probe and his own legal crusade, have left him vulnerable to the charge that he is merely piggybacking onto an investigation that would move forward with or without his participation. (The Wall Street Journal has reported that Avenatti has “frustrated” the efforts of Mueller’s team to investigate Cohen’s orchestration of the NDA — a charge Avenatti vociferously denies,
.. Should Avenatti, for instance, fail in his bid to invalidate the NDA, his client, who described on “60 Minutes” the details of her alleged affair with Trump — down to the precoital spanking and the claim that she could identify his genitals — could be liable for millions in damages.
.. by continuing to appear on television, Avenatti risks annoying jurists on his cases like Kimba Wood, the judge overseeing the federal Cohen probe
.. “I either want you to participate or not be in the matter at all,” the judge went on. “I don’t want you to have some existence in a limbo where you’re free to denigrate Mr. Cohen and, I believe, potentially deprive him of a fair trial by tainting a jury pool.”
.. “My own personal opinion is he’s getting too much exposure,” says Robert Bennett, President Clinton’s personal lawyer leading up to the 1999 impeachment hearings. “If you want to really win, and not just cause embarrassment to the White House, you should resist the urge to be in the spotlight all the time. You don’t want to overplay your hand.”
.. “Here’s the comment: Keith Davidson is a disgrace.”
..  I wondered if, given the intense highs of the Daniels case, he could envision himself going back to regular old corporate law in a full-time capacity. Wouldn’t politics be more appealing?
..  Using the car’s paddle shifters, Avenatti dropped the car into fifth, and we shot forward down the carpool lane until the surrounding scenery had been reduced to a nauseating blur.
.. “Pull over,” the police cruiser’s loudspeaker crackled.

I sneaked a look at Avenatti. He was smiling. He took the next exit, and drawing to a halt in a strip-mall parking lot, waited for the cop to reach his window. Instead of writing a ticket, the officer gave Avenatti a warning: “Sir, in the future, make sure to stay in your lane.”

Michael Avenatti, the adrenaline-fueled lawyer taking on President Trump

That setback in 2012 now serves as a parable of resilience in the legend Avenatti has been crafting about himself — both with a string of multimillion-dollar jury verdicts and with his brash, almost nonstop cable news appearances.

.. It is another big bet for an attorney with an enormous appetite for risk whose roster of courthouse adversaries includes mega-corporations, as well as celebrities, such as Paris Hilton and Jim Carrey.

“He is an adrenaline junkie,” says Jonathan Turley, who taught Avenatti at George Washington University’s law school and has stayed in touch since his former student earned his law degree. “I think he needs that adrenaline rush. He lives his life aggressively. In both litigation and in life he shows a certain aggressive style.”

.. The next he’s delving into entrepreneurial pursuits, such as buying Tully’s, a struggling Seattle coffee-shop chain, or blasting around a track while competing as a driver in a professional racecar circuit, sometimes hitting speeds of up to 195 MPH. The main photograph on his website depicts him in a race suit, rather than a business suit.

.. “Initially, I was very skeptical about getting involved because I, much like many Americans, had preconceived notions about Stormy Daniels and her motivations and what she is all about,” Avenatti says.

It took him only about 20 minutes to decide that she was credible, he says, although he won’t reveal what led him to that conclusion.

.. Avenatti’s foil in the Daniels melodrama has been Trump’s lawyer, Michael Cohen, as much as the president.

.. Avenatti has been daring Cohen to appear on television with him to discuss the case. He recently used an enlarged photograph of Cohen as a propduring a contentious appearance on CNN with Cohen’s attorney, David Schwartz.

..  But Avenatti is arguing a broader case about the integrity of the president and his legal team — and drawing from a well-honed playbook of using media appearances as an integral part of his strategy.

.. Brian Panish, a prominent plaintiffs attorney who has worked on cases with Avenatti, compares his former colleague to William Ginsburg, Monica Lewinsky’s attorney famous for appearing on all the Sunday talk shows on the same day during President Clinton’s White House-intern sex scandal. It spawned the term “the full Ginsburg.”

.. his father was unexpectedly laid off, and the son went to work to earn tuition money by doing opposition political research on Republicans and Democrats for a firm owned by Rahm Emanuel

.. His cases included a $10 million defamation lawsuit, which ended in a confidential settlement, that he filed on behalf of a socialite client against Paris Hilton. He was also on the team of lawyers who sued Trump and the producer of “The Apprentice” on behalf a man who said they stole his idea for the hit show. The case ended in a settlement.

.. Avenatti says he’s been lead counsel on $1 billion worth of verdicts and settlements. The biggest, by far, came last year when he won a $454 million jury verdict in a case against Kimberly-Clark and Halyard Health related to claims that the companies knowingly sold defective surgical gowns that were not impermeable to Ebola and HIV, despite representations that they were.

.. Avenatti has also been engaged in a heated financial dispute with a former law partner who’d sued saying he was owed millions in unpaid fees. At a court hearing , a lawyer for one side characterized the level of acrimony as “unbelievable.” But the partners have now settled the case and are back on speaking terms, and Avenatti — employing a few four-letter words, as he is wont to do — says the portrayal of the squabble has been “overblown.”

 

Scam I Am: Why is the G.O.P. Rushing This Tax Abomination?

In fact, they’re rushing to jam the thing through before Doug Jones can be certified, in a stunning act of hypocrisy from the same people who demanded that Obamacare wait until Scott Brown was seated and held up a Supreme Court seat for a year.

.. the Pundit’s Fallacy: “belief that what a politician needs to do to improve his or her political standing is do what the pundit wants substantively.” I.e., “Obama can win the midterms by endorsing Bowles-Simpson,” which the vast majority of voters never heard of.

.. Today’s Republicans are apparatchiks, who have spent their whole lives inside an intellectual bubble in which cutting taxes on corporations and the rich is always objective #1.

.. Their party used to know that it won elections despite its economic program, not because of it – that the whole game was to win by playing on

  • social issues,
  • national security, and above all on
  • racial antagonism,

then use the win to push fundamentally unpopular economic policies.

.. the GOP may also be engaged in the fallacy of points on the board thinking – I’m taking the phrase from Rahm Emanuel, who believed that Obama could gain electoral capital simply by racking up legislative victories.

The idea is that voters are impressed by your record of wins, or conversely that they’ll turn away if you don’t win enough.

Thanks, Obama

The Clintons, infuriated by the raft of Democrats who deserted them during the 2008 campaign, sneered at Obama’s hope and change message. Hillary protested, “We don’t need to be raising the false hopes of our country.” Bill groused, “This whole thing is the biggest fairy tale I’ve ever seen.”

.. But in this election, Bernie Sanders’s idealistic young people were cast as unrealistic dreamers who wanted free stuff or, according to Gloria Steinem, dates.

.. The same Obama who sparked a revolution has now made it his mission to preserve the establishment for Hillary. He told Rutgers’s school paper in May that Sanders supporters needed to stop searching for silver bullets and recognize “we have to make incremental changes where we can, and every once in a while you’ll get a breakthrough and make the kind of big changes that are necessary.”

.. Yes we can — incrementally!

.. Showing his icy pragmatism, the president passed over his loyal vice president because he thought Joe Biden would not be as strong a candidate, given his tendency for gab and gaffes. (That was before Donald Trump made Biden seem exquisitely bridled.) When Biden didn’t take the hint, Obama sent his former strategist David Plouffe to break the bad news.

.. Emanuel, who was hosting a party at the convention that night, was rightfully upset. It was his job to warn the president of the political consequences, and after Obama decided, it was Emanuel and Nancy Pelosi who had to arm-twist the bill through with no Republican votes.