DOCSLIB.ORG

AVENATTI & ASSOCIATES, APC Michael J. Avenatti, State Bar No

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
AVENATTI & ASSOCIATES, APC Michael J. Avenatti, State Bar No Case 2:18-cv-06893-SJO-FFM Document 30-3 Filed 09/03/18 Page 1 of 8 Page ID #:952 1 AVENATTI & ASSOCIATES, APC Michael J. Avenatti, State Bar No. 206929 2 Ahmed Ibrahim, State Bar No. 238739 520 Newport Center Drive, Suite 1400 3 Newport Beach, CA 92660 Telephone: 949.706.7000 4 Facsimile: 949.706.7050 5 Attorneys for Plaintiff Stephanie Clifford a.k.a. Stormy Daniels 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 STEPHANIE CLIFFORD a.k.a. CASE NO.: 2:18-cv-06893-SJO-FFM STORMY DANIELS, 12 Plaintiff, PLAINTIFF STEPHANIE 13 CLIFFORD’S EVIDENTIARY vs. 14 OBJECTIONS TO THE DECLARATION OF CHARLES J. 15 DONALD J. TRUMP, HARDER IN SUPPORT OF 16 SPECIAL MOTION TO Defendant. STRIKE/DISMISS OF DEFENDANT 17 DONALD J. TRUMP PURSUANT TO 18 “ANTI-SLAPP” STATUTE OR, ALTERNATIVELY, TO DISMISS 19 COMPLAINT PURSUANT TO FRCP 20 12(b)(6) 21 Assigned to the Hon. S. James Otero 22 Action Filed: April 30, 2018 23 24 Hearing Date: September 24, 2018 Hearing Time: 10:00 a.m. 25 Location: 350 West 1st Street 26 Courtroom 10C Los Angeles, CA 90012 27 28 EVIDENTIARY OBJECTIONS TO DECLARATION OF CHARLES J. HARDER Case 2:18-cv-06893-SJO-FFM Document 30-3 Filed 09/03/18 Page 2 of 8 Page ID #:953 1 Plaintiff Stephanie Clifford (“Plaintiff”) hereby objects to the fact declaration of 2 Charles J. Harder as follows: 3 4 OBJECTION TO DECLARATION OF CHARLES J. HARDER 5 6 Citation Objection Ruling Paragraph 2: Exhibit A is irrelevant. Fed. R. Sustained: __ 1. 7 Attached hereto as Exhibit A is Evid. 401-402. It is also Overruled:__ 8 a true and correct copy of the hearsay. Fed. R. Evid. 801. It filmography for plaintiff also lacks foundation and is 9 Stephanie Clifford aka Stormy lacking in personal knowledge. 10 Daniels (“Ms. Clifford”) from Fed. R. Evid. 602. the Internet Movie Database, 11 which was obtained from the 12 following URL:https://m.imdb.com/name/n 13 m1317917/filmotype/actress?ref 14 _=m_nmfm_1. Paragraph 5: Exhibit D is irrelevant. Fed. R. Sustained: __ 2. 15 Attached hereto as Exhibit D is Evid. 401. Overruled:__ 16 a true and correct copy of an uncertified transcript of the 17 appearance by Ms. Clifford on 18 Saturday Night Live on May 5, 2018, which was prepared by 19 junior attorney Theodore 20 Nguyen at my law firm. A video of Ms. Clifford’s appearance can 21 be viewed at the following URL: 22 https://www.youtube.com/watch ?v=K1K8s-tQGqY. 23 Paragraph 6: Exhibit E is irrelevant and Sustained: __ 3. 24 At my instruction and under my misstates the evidence. Fed. R. Overruled:__ supervision, Mr. Nguyen Evid. 401. It also lacks 25 compiled a list of all television foundation. Fed. R. Evid. 602. 26 news appearances by Ms. Clifford and Mr. Avenatti 27 between March 6, 2018 (the date 28 Ms. Clifford filed her initial -1- EVIDENTIARY OBJECTIONS TO DECLARATION OF CHARLES J. HARDER Case 2:18-cv-06893-SJO-FFM Document 30-3 Filed 09/03/18 Page 3 of 8 Page ID #:954 1 action against Mr. Trump) and the date of this declaration 2 (August 24, 2018). Mr. Nguyen 3 performed this task by reviewing news organizations’ websites 4 and social media accounts 5 including CNN, ABC, NBC, CBS and others, and compiling a 6 list of each individual 7 appearance, by date. According to Mr. Nguyen’s analysis, Ms. 8 Clifford and/or Mr. Avenatti 9 have appeared on no less than 143 national television news 10 shows, to talk about Ms. 11 Clifford’s accusations against Mr. Trump and/or the ensuing 12 litigation. Attached hereto as 13 Exhibit E is the chart that Mr. Nguyen prepared, listing each of 14 the television news appearances. 15 A separate Declaration of Theodore Nguyen, attesting to 16 his work, can be prepared and 17 provided to the Court upon request. 18 Paragraph 7: Exhibit F is irrelevant. Fed. R. Sustained: __ 4. 19 Attached hereto as Exhibit F is a Evid. 401-402. Overruled:__ true and correct copy of a July 4, 20 2018 tweet by Mr. Avenatti, 21 which was obtained from the following URL: 22 https://twitter.com/MichaelAven 23 atti/status/101450977806266368 1?ref_src=twsrc%5Etfw%7Ctwc 24 amp%5Etweetembed%7Ctwterm 25 %5E1014509778062663681&ref _url=https%3A%2F%2Fwww.cb 26 snews.com%2Fnews%2Fstormy- 27 daniels-lawyer-michael-avenatti- might-run-for-president%2F. Mr. 28 Avenatti’s tweet, which was in -2- EVIDENTIARY OBJECTIONS TO DECLARATION OF CHARLES J. HARDER Case 2:18-cv-06893-SJO-FFM Document 30-3 Filed 09/03/18 Page 4 of 8 Page ID #:955 1 response to another user’s tweet asking, “When are you 2 announcing your 2020 run?”, 3 states: “IF (big) he seeks re- election, I will run, but only if I 4 think that there is no other 5 candidate in the race that has a REAL chance at beating him. 6 We can’t relive 2016. I love this 7 country, our values and our people too much to sit by while 8 they are destroyed. #FightClub 9 #Basta.” Paragraph 8: Exhibit G is irrelevant. Fed. R. Sustained: __ 5. 10 Attached hereto as Exhibit G is Evid. 401-402. Overruled:__ 11 a true and correct copy of an August 14, 2018 tweet by Mr. 12 Avenatti, which contains a list of 13 his political policy positions, in connection with his possible run 14 for president, in the areas of jobs, 15 immigration, healthcare and other national issues, which was 16 obtained from the following 17 URL: https://twitter.com/michaelavenat 18 ti/status/1029385486958305280. 19 Mr. Avenatti’s tweet states: “Many have asked me my 20 position on various issues. Below 21 is a summary of where I stand. This is not an exhaustive list and 22 more positions & details will 23 follow. Most importantly, I didn’t have to hire a pollster or 24 political consultant to tell me 25 what to say or what to believe.” 26 27 28 -3- EVIDENTIARY OBJECTIONS TO DECLARATION OF CHARLES J. HARDER Case 2:18-cv-06893-SJO-FFM Document 30-3 Filed 09/03/18 Page 5 of 8 Page ID #:956 Paragraph 9: Exhibit H is irrelevant. Fed. R. Sustained: __ 1 6. Attached hereto as Exhibit H is Evid. 401-402. Overruled:__ 2 a true and correct copy of an 3 article entitled, Michael Avenatti in Iowa: ‘I’m exploring a run for 4 the presidency of the United 5 States,’ which was published by the Des Moines Register on 6 August 9, 2018, at the following 7 URL: https://www.desmoinesregister.c 8 om/story/news/politics/2018/08/ 9 09/michael-avenatti-iowa-wing- ding-president-exploring-run- 10 caucus-2020-stormy- 11 daniels/935636002/. Paragraph 10: Exhibit I is irrelevant. Fed. R. Sustained: __ 7. 12 Attached hereto as Exhibit I is a Evid. 401-402. It is also Overruled:__ 13 true and correct copy of an hearsay. Fed. R. Evid. 801. article entitled, Michael Avenatti 14 Visits New Hampshire, 15 Furthering a Prospective Presidential Bid, which was 16 originally published by Time 17 Magazine on August 19, 2018, at the following URL: 18 http://time.com/5371362/michael 19 -avenatti-trump-new-hampshire- presidency/. 20 Paragraph 11: Exhibit J is irrelevant. Fed. R. Sustained: __ 8. 21 Attached hereto as Exhibit J are Evid. 401-402. It is also Overruled:__ true and correct copies of posts hearsay. Fed. R. Evid. 801. 22 from Ms. Clifford’s Instagram 23 account detailing her tour appearances at live adult 24 entertainment venues around the 25 United States as part of her “Make America Horny Again” 26 tour. These posts were obtained 27 from the following URL: https://www.instagram.com/thest 28 ormydaniels/?hl=en. -4- EVIDENTIARY OBJECTIONS TO DECLARATION OF CHARLES J. HARDER Case 2:18-cv-06893-SJO-FFM Document 30-3 Filed 09/03/18 Page 6 of 8 Page ID #:957 Paragraph 12: Exhibit K is irrelevant. Fed. R. Sustained: __ 1 9. Attached hereto as Exhibit K is Evid. 401-402. Overruled:__ 2 a true and correct copy of a 3 certified transcript of Mr. Avenatti’s appearance on CNN 4 on April 9, 2018. A video of Mr. 5 Avenatti’s appearance can be viewed at the following URL: 6 https://www.youtube.com/ 7 watch?v=H5bXr-1seIw. 8 Paragraph 13: Exhibit L is irrelevant. Fed. R. Sustained: __ 10. 9 Attached hereto as Exhibit L is Evid. 401-402. Overruled:__ a true and correct copy of an 10 April 7, 2018 tweet by Mr. 11 Avenatti, which was obtained from the following URL: 12 https://twitter.com/michaelavena 13 tti/status/982599066260353025? lang=en. Mr. Avenatti’s tweet 14 states: “Expect a major 15 announcement in the coming days regarding our efforts to 16 identify the thug who threatened 17 Ms. Clifford in Las Vegas in 2011 to ‘leave Trump alone’ 18 while making reference to her 19 little girl. You can run but you can’t hide. #thugsearch 20 #seriousconsequences #basta.” 21 Paragraph 14: Exhibit M is irrelevant. Fed. R. Sustained: __ 11. Attached hereto as Exhibit M is Evid. 401-402. Overruled:__ 22 a true and correct copy of a 23 certified transcript of Mr. Avenatti’s appearance on CNN’s 24 The Situation Room With Wolf 25 Blitzer on April 18, 2018.
Load more

Recommended publications
  • Letter from Ranking Member Jordan to Chairman
    (!Congress of tbe Wntteb ~tates f!,ouse of !1\epresentatibes mtasbington, llC!C 20515 January 15, 2019 The Honorable Elijah E. Cummings Chairman Committee on Oversight and Reform U.S. House of Representatives Washington, DC 20515 Dear Mr. Chairman: I am writing to request additional information about the Committee' s hearing scheduled for February 7, 2019, at which you have invited Michael D. Cohen, a convicted felon sentenced to prison, to testify. 1 Cohen pleaded guilty to providing intentionally false testimony to a Congressional committee.2 You invited Cohen to testify before finishing consultations with the Special Counsel's Office and without consulting the minority.3 As the Committee prepares for your first major hearing, there is still much we do not know about your plans for the hearing. Shortly after you announced the hearing, Michael A venatti, an attorney for Stephanie Clifford, who presents herself in the adult performance industry under the stage name Stormy Daniels, announced that he will attend the hearing with Ms. Clifford.4 Avenatti did not say whether you invited them to attend the hearing or whether they will testify. I hope you can clarify Mr. Avenatti's and Ms. Clifford's roles in the hearing. 1 Press Release, H. Comm. on Oversight & Reform, Chairman Cummings Announces Oversight Committee Hearing Schedule, Jan. l 0, 2019, https://oversight.house.gov/news/press-releases/chairman-curnmings-announces-oversight­ committee-hearing-schedule. 2 See Plea Agreement, U.S. v. Michael Cohen, No. l:18-cr-850 (S.D.N.Y. 2018), https://www.justice.gov/file/l 1 l 5566/download; Indictment, U.S.
    [Show full text]
  • THE ECHO: a FRIDAY TIPSHEET of POLITICAL ACTIVITY on TWITTER Thanks to the Support of GSPM Alumnus William H
    THE ECHO: A FRIDAY TIPSHEET OF POLITICAL ACTIVITY ON TWITTER Thanks to the support of GSPM alumnus William H. Madway Class of 2013. may 10-16: The split screen between the important and historic vs. the petty was central to understanding this week on political Twitter in the United States. After decades of promises to enforce the law, the United States unveiled its new embassy in Jerusalem, prompting violent protests in Gaza. The Net Neutrality issue resurfaced spiking discussion about the Senate, House, and specific members. Discussion on Gina Haspel’s nomination to lead the CIA was down this week, likely signaling a smoother confirmation vote than initially expected, given some Senators’ apprehension. Additional findings, including the continuing Avenatti/Cohen vortex and reaction to a snide comment by Kelly Sadler about John McCain can be found on Medium. INSTITUTIONS POTUS Republicans Democrats U.S. Senate U.S. House 4.8m ▼20% 1.5m ▼45% 1.4m ▼2% 82.4k ▲40% 12.6k ▲32% Average 6.4m Average 2.4m Average 1.6m Average 60.1k Average 13.7k KEY RACES Heller (NV) Nelson (FL) Donnelly (IN) Brown (OH) Manchin (WV) 33.2k ▲771% 23.1k ▲92% 17.8k ▲172% 9.6k ▼26% 9.0k ▼37% Rohrabacher Blum Comstock Denham Curbelo CA-48 IA-01 VA-10 CA-10 FL-26 5.2k ▲32% 4.6k ▲484% 4.2k ▲164% 3.7k ▲174% 2.9k ▲30% Powered by GW | GSPM THE ECHO | Volume 2, Issue 18 | May 18, 2018 Page 2 of 3 NEWSMAKERS Daniels’ Lawyer United States Sen. Trump Attorney CIA Dir.
    [Show full text]
  • Sexing the Mueller Report
    SEXING THE MUELLER REPORT Ruthann Robson* I. INTRODUCTION Sexual indiscretion, misconduct, and deceit percolate throughout the extensive 2019 Report On The Investigation Into Russian Interference In the 2016 Presidential Election—known as the Mueller Report.1 President Trump’s sexual behaviors are certainly not the focus of the Mueller Report, which resulted from the Acting Attorney General’s appointment of Robert S. Mueller, III as Special Counsel for the United States Department of Justice to investigate “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump,” and “any matters that arose or may arise directly from the investigation.”2 Volume I of the Mueller Report addresses Russian interference with the 2016 election and any Trump campaign links in approximately 200 pages. Volume II of the Mueller Report, which is slightly longer at 241 pages, focuses on the question of whether the president obstructed justice in connection with the Russia-related investigations, including presidential actions related to the Special Counsel’s investigation itself. Given its charge, it is both predictable and understandable that the Mueller Report only obliquely addresses President Trump’s sexual * © 2020, All rights Reserved. Professor of Law & University Distinguished Professor, City University of New York School of Law. Appreciation to the editors and staff of Stetson Law Review, and for discussions on the Mueller Report and the role of sex, to Professors Penelope Andrews, Janet Calvo, Julie Goldscheid, Ellen Podgor, and Sarah Valentine. 1. 1 ROBERT MUELLER, REPORT ON THE INVESTIGATION INTO RUSSIAN INTERFERENCE IN THE 2016 PRESIDENTIAL ELECTION (2019) [hereinafter MUELLER REPORT VOL.
    [Show full text]
  • Trump Is Right About Stone Sentencing, for Wrong Reasons by Alan Ellis and Mark Allenbaugh (February 18, 2020)
    Trump Is Right About Stone Sentencing, For Wrong Reasons By Alan Ellis and Mark Allenbaugh (February 18, 2020) President Donald Trump recently voiced his ire, via Twitter, about the government’s recommendation to U.S. District Judge Amy Berman Jackson that Roger Stone be sentenced according to the U.S. sentencing guidelines advisory sentencing range of 87 to 108 months (a little more than seven to nine years). The president called such a recommendation a “miscarriage of justice.” As a result, the government, rather controversially, backed off that recommendation and now suggests that a sentence between 37 and 46 months would be “more in line with the typical sentences imposed in obstruction cases.” Alan Ellis Despite the U.S. Department of Justice's written policy that prosecutors should recommend “in most cases” a sentencing within the sentencing guidelines, and despite the obvious conflict of interest with regard to Stone, Trump was right to be outraged over the guidelines’ recommendation, but for the wrong reasons. It is beyond dispute that it is inappropriate for a president to get directly involved in the sentencing process of a single individual, especially where, as here, there are clear conflicts of interest. And this is so despite the fact Mark Allenbaugh that the president is the chief executive and therefore the ultimate authority over all federal prosecutors. Our criminal justice system, which not only values impartiality, but uniformity, proportionality and certainty, is not designed for such ad hoc intervention at the sentencing stage. Such ad hoc power is reserved for the pardon process. It is, nevertheless, appropriate for a president to critique the criminal justice system writ large and set policy, and to promote such policies through appropriate legislation.
    [Show full text]
  • Metoo, Brett Kavanaugh, and Christine Blasey Ford
    Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2019 The Masculinity Mandate: #MeToo, Brett Kavanaugh, and Christine Blasey Ford Ann C. McGinley University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Law and Gender Commons Recommended Citation 23 Emp. Rts. & Emp. Pol'y J. 59 (2019). This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact [email protected]. THE MASCULINITY MANDATE: #METOO, BRETT KAVANAUGH, AND CHRISTINE BLASEY FORD BY ANN C. McGINLEY I. INTRODUCTION: THE HEARING The fall 2019 Senate Judiciary Committee hearings involving Dr. Christine Blasey Ford's testimony about then-Judge Brett Kavanaugh's al- leged behavior at a high school party gone awry and his emotional testimo- ny in response will be etched in American minds for the foreseeable future. Dr. Blasey Ford accused then-teenager Brett Kavanaugh of sexually as- saulting her in an upstairs bedroom as his friend, Mark Judge, egged him on. At the hearing, Blasey Ford's trembling voice and respectful demeanor softened the bite of the substance conveyed: she was 100 percent sure that she had been sexually assaulted and that Brett Kavanaugh was the attacker. Blasey Ford's occasional lapse into technical explanations using psycho- logical terms established her competence. The combination of vulnerability and competence led to the widespread belief that Blasey Ford's testimony was credible.' After Blasey Ford testified, Kavanaugh came out swinging, accusing the Democrats of corrupting the process and categorically denying that he had sexually assaulted anyone.2 For the second time in three dec- ades, the country was left with many questions about fairness, process, and sexual assault/harassment, and the role they should and do play in the nom- .
    [Show full text]
  • Case 2:18-Cv-06893-SJO-FFM Document 39-3 Filed 10/29/18
    Case 2:18-cv-06893-SJO-FFM Document 39-3 Filed 10/29/18 Page 1 of 33 Page ID #:1194 Case 2:18-cv-06893-SJO-FFM Document 39-3 Filed 10/29/18 Page 2 of 33 Page ID #:1195 Document title: Charles J. Harder | HARDER LLP Capture URL: http://www.harderllp.com/attorneys/charles-j-harder/ Capture timestamp (UTC): Mon, 29 Oct 2018 21:13:28 GMT Page 1 of 5 Case 2:18-cv-06893-SJO-FFM Document 39-3 Filed 10/29/18 Page 3 of 33 Page ID #:1196 Document title: Charles J. Harder | HARDER LLP Capture URL: http://www.harderllp.com/attorneys/charles-j-harder/ Capture timestamp (UTC): Mon, 29 Oct 2018 21:13:28 GMT Page 2 of 5 Case 2:18-cv-06893-SJO-FFM Document 39-3 Filed 10/29/18 Page 4 of 33 Page ID #:1197 Document title: Charles J. Harder | HARDER LLP Capture URL: http://www.harderllp.com/attorneys/charles-j-harder/ Capture timestamp (UTC): Mon, 29 Oct 2018 21:13:28 GMT Page 3 of 5 Case 2:18-cv-06893-SJO-FFM Document 39-3 Filed 10/29/18 Page 5 of 33 Page ID #:1198 Document title: Charles J. Harder | HARDER LLP Capture URL: http://www.harderllp.com/attorneys/charles-j-harder/ Capture timestamp (UTC): Mon, 29 Oct 2018 21:13:28 GMT Page 4 of 5 Case 2:18-cv-06893-SJO-FFM Document 39-3 Filed 10/29/18 Page 6 of 33 Page ID #:1199 Case 2:18-cv-06893-SJO-FFM Document 39-3 Filed 10/29/18 Page 7 of 33 Page ID #:1200 Case 2:18-cv-06893-SJO-FFM Document 39-3 Filed 10/29/18 Page 8 of 33 Page ID #:1201 Document title: Ryan J.
    [Show full text]
  • Stormy Daniels and Summer Zervos Are Using Defamation Laws to Try and Reveal the Truth About Trump Candidate Trump Celebrated Defamation Statutes in 2016
    Stormy Daniels and Summer Zervos are using defamation laws to try and reveal the truth about Trump Candidate Trump celebrated defamation statutes in 2016. Now they're one of President Trump's biggest headaches. By Jessica Levinson It would be ironic if the tort of defamation, widely celebrated by candidate Donald Trump in 2016, helps to bring down President Donald Trump in 2018. In two separate suits, lawyers for a woman accusing Trump of sexual assault and for another woman accusing Trump of engaging in an extramarital affair are using defamation laws to hold the president and his lawyer accountable for allegedly false statements. But perhaps more importantly, lawyers are using these suits as an avenue to request documents and even statements under oath from the president and his surrogates. While President Bill Clinton was not sued for defamation, it is worth remembering that it was similar allegations of sexual misconduct by Clinton that ultimately opened him up to depositions and the subsequent charges of perjury and obstruction of justice that led to his impeachment in the House of Representatives. While President Bill Clinton was not sued for defamation, it is worth remembering that it was similar allegations of sexual misconduct that ultimately opened him up to depositions and charges of perjury. Let’s begin at the beginning. Defamation laws are state laws. The president, as the leader of the executive branch of the federal government, has no power over the shaping of defamation statutes. Of course, that didn’t stop Trump from famously saying at a Texas campaign rally that he wanted to strengthen those laws so that people could more easily sue the media.
    [Show full text]
  • JOSHUA D. BLANK Professor of Law Faculty Director of Strategic Initiatives University of California, Irvine School of Law 401 E
    JOSHUA D. BLANK Professor of Law Faculty Director of Strategic Initiatives University of California, Irvine School of Law 401 E. Peltason Dr., 4800-Q • Irvine, CA 92697-8000 (949) 824-4807 • [email protected] • SSRN ACADEMIC POSITIONS UNIVERSITY OF CALIFORNIA, IRVINE SCHOOL OF LAW, Irvine, CA Professor of Law July 2018 – Present Faculty Director of Strategic Initiatives July 2019 – Present Honors: Teacher of the Year Award, Association of American Law Schools, 2020 NEW YORK UNIVERSITY SCHOOL OF LAW, New York, NY Vice Dean for Technology-Enhanced Education September 2016 – June 2018 Faculty Director of the Graduate Tax Program January 2010 – June 2018 Professor of Tax Law September 2012 – June 2018 Associate Professor of the Practice of Tax Law January 2010 – August 2012 Acting Assistant Professor of Tax Law August 2006 – July 2008 Adjunct Professor of Law July 2018 – Present Honors: Legal Teaching Award, NYU School of Law Alumni Association, 2017 Podell Distinguished Teaching Award, 2014 RUTGERS SCHOOL OF LAW - NEWARK, Newark, NJ Assistant Professor of Law September 2008 – December 2009 Honors: 2009 Student Bar Association Professor of the Year Nominee HEBREW UNIVERSITY, FACULTY OF LAW, Jerusalem, Israel Visiting Professor of Law December 2017 – January 2018 BOCCONI UNIVERSITY SCHOOL OF LAW, Milan, Italy Visiting Professor May 2014 RADZYNER SCHOOL OF LAW, IDC HERZLIYA, Herzliya, Israel Visiting Professor December 2013 – January 2014 OFFICE OF CHIEF COUNSEL, INTERNAL REVENUE SERVICE, Washington, DC Visiting Professor Summer 2009, Summer 2011 SCHOLARLY INTERESTS Tax Administration and Compliance; Taxpayer Privacy and Tax Transparency; Taxation of Business Entities Curriculum Vitae of Joshua D. Blank (September 2021), Page 2 of 19 PUBLICATIONS Books CORPORATE TAXATION: EXAMPLES & EXPLANATIONS (with Cheryl D.
    [Show full text]
  • To Kavanaugh Or Not to Kavanaugh: That Is the Polarizing Question
    To Kavanaugh or Not to Kavanaugh: That is the Polarizing Question Kareem Darwish Qatar Computing Research Institute, HBKU Doha, Qatar [email protected] Abstract tice Anthony Kennedy2. His nomination was marred by con- troversy with Democrats complaining that the White House On October 6, 2018, the US Senate confirmed Brett Ka- withheld documents pertaining to BK’s record and later a vanaugh with the narrowest margin for a successful confir- few women including a University of California profes- mation since 1881 and where the senators voted overwhelm- sor accused him of sexual assault. The accusations of sex- ingly along party lines. In this paper, we examine whether ual misconducted led to a public congressional hearing on the political polarization in the Senate is reflected among the general public. To do so, we analyze the views of more than September 27, 2018 and a subsequent investigation by the 128 thousand Twitter users. We show that users supporting or Federal Bureau of Investigation (FBI). The US Senate voted opposing Kavanaugh’s nomination were generally using di- to confirm BK to a seat on the Supreme Court on October vergent hashtags, retweeting different Twitter accounts, and 6 with a 50–48 vote, which mostly aligned with party loyal- sharing links from different websites. We also examine char- ties. BK was sworn in later the same day. acterestics of both groups. Data Collection We collected tweets pertaining to the nomination of BK in Introduction two different time epochs, namely September 28-30, which On October 6, 2018, the US senate confirmed Brett Ka- were the three days following the congressional hearing con- vanaugh to become a justice on the US Supreme Court cerning the sexual assault allegation against BK, and Octo- with a 50 to 48 vote that was mostly along party lines.
    [Show full text]
  • The Conviction of Michael Avenatti: a ‘Lessons Learned’ Analysis for Hardball Litigators
    LOS ANGELES & SAN FRANCISCO www.dailyjournal.com FRIDAY, MARCH 13, 2020 PERSPECTIVE The conviction of Michael Avenatti: A ‘lessons learned’ analysis for hardball litigators By Mathew Rosengart or her adversary. It is, in fact, fundamental that threats to file ess than 15 months non-sham civil suits are typ- ago, attorney Michael ically “not within the scope L Avenatti was a me- of the extortion statutes, even dia darling, a fixture on ca- though [counsel’s] execution of ble television, and a self-pro- the threat could result in public claimed potential presidential disgrace or prosecution.” “A candidate. Although it was his Rationale of the Law of Aggra- representation of adult film vated Theft,” 54 Colum. L. Rev. actress Stephanie Clifford, 84, at 94 (1954). Where, then, aka “Stormy Daniels,” which did Avenatti cross the line? brought him national attention New York Times News Service Why was his conduct criminal, (and later, a separate indict- and what lessons can litigators Michael Avenatti outside the federal courthouse in Manhattan after a series ment for fraud), he previously of hearings on Tuesday, May 28, 2019. learn from his misconduct? obtained awards against large Although there is no clear, corporations that reportedly brightline test, an examination exceeded $100 million and Although Avenatti’s misconduct appears especially of the facts in United States v. appeared in two positive “60 obvious in hindsight, many practitioners undoubtedly Avenatti is instructive and will Minutes” segments featuring come closer to the line than they might think. help ensure that good lawyers his clients. stay on the right side of the line, Today, he is a disgraced fed- representing their clients zeal- eral convict, incarcerated and “substantial financial and repu- in the complaint, Avenatti was ously — and equally important, awaiting sentencing and prob- tational harm” on Nike if his fi- not acting as an attorney.
    [Show full text]
  • RESEARCH PAPER – No. 65
    5 November 2018 RESEARCH PAPER THE STAKES OF THE 2018 MIDTERM ELECTIONS IN THE UNITED STATES Maud QUESSARD Senior Research Fellow-US Foreign Policy, IRSEM ABSTRACT This paper explores the impact of the American midterm elections (“Midterms”) on the orientations of US foreign policy in the lead up to the next presidential election of 2020. In a context defined by extreme po- larization, these elections are predominantly expected to reflect the domestic political concerns of the US electorate. The impact of the Midterms on American foreign policy will depend on whether the Democrats win a partial victory (House of Representatives) or total victory in Congress (both the lower house and the Senate). In both cases, the first priority of Democrats will be to reinforce current congressional investigations into the president. Unsettled by domestic policy issues, the president, in the grand tradition of American “imperial” presidencies, would transfer all his attention to international policy issues. For example, he could double down on the hubris of his decisions and the politicization of alliances that have characterized the first two years of his mandate. In this respect, a victory for the Democrats would not necessarily be good news for – No. 65 either America’s allies nor its rival powers. CONTENT The Midterms, elections polarized by divided visions of society ....................................................................... 2 What is the agenda for democrat foreign policy in the case of partial or total victory in Congress? ................ 4 What impact will the results of the Midterms have on the foreign policy of the trump administration? ......... 5 Conclusion: towards an increasing politicization of alliances? .........................................................................
    [Show full text]
  • Multiple PR Comments in a High-Profile Or Crisis Situation Don't
    Multiple PR Comments in a High-Profile or Crisis Situation Don’t Fly Before You or Your Client Comments, Make Sure You Have the Facts Andrew Blum, Principal, AJB Communications When four companies recently caught up in the revelation that they had each paid thousands of dollars to President Trump’s long-time attorney Michael Cohen, they forgot a key rule of PR: if you don’t have all the facts, wait before commenting. The companies were Korea Aerospace Industries, AT&T, Novartis and a corporation affiliated with a Russian oligarch. In total, they paid Cohen several million dollars reportedly for help in dealing with the Trump administration. Their paying of Cohen was first alleged by Michael Avenatti, the PR-savvy attorney for porn star Stormy Daniels, who is fighting Trump over a non-disclosure agreement and her right to speak about their alleged affair. Cohen paid her $130,000 through a shell company he formed, Essential Consultants. Unfortunately for the companies who hired Cohen, he had them pay him through the same shell company. Avenatti uncovered it and several media organizations confirmed the payments. The companies’ mistake was giving media comments that weren’t complete or clear and then making several other comments. Next to asking a reporter to make a correction about information you send them, there perhaps can be nothing worse than providing too many statements that only continue the story and make the media skeptical. Take Rachel Maddow, for example. On her MSNBC show earlier this month, she said after summarizing the companies PR responses: “Whoever is doing their public relations on this matter has been having an off day.” And that was one of her milder comments.
    [Show full text]