Michael Avenatti, the lawyer convicted of stealing from former client Stormy Daniels, gave his first prison interview Tuesday about Donald Trump’s criminal case in New York. The case centers around alleged payments from Trump to Daniels to keep her quiet about their affair—and the alleged falsification of business records to cover up those payments before the 2016 election.
The disgraced lawman, however, argued that the entire case is “stale” and rests on a “legally tenuous theory.”
Avenatti spoke to MSNBC’s Ari Melber from Los Angeles’ Terminal Island prison, where he has been serving a 19-year sentence. In addition to defrauding Daniels, Avenatti was convicted of stealing from other clients and of extorting Nike. Melber prefaced the interview by noting Avenatti’s past, while stating that he is still a “very newsworthy and legally relevant guest.”
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When asked to weigh in on the strength of the Manhattan district attorney’s case, Avenatti said his answer would “surprise” many.
“I think this is the wrong case at the wrong time,” he told The Beat anchor, adding that he believes it is “in many ways stale at this juncture.”
“You’re talking about conduct that occurred some eight years ago. I think the fact that it’s occurring in state court in New York is a mistake. And I think that when you are going to potentially deprive tens of millions of Americans of their choice for the presidency of the United States, whether we agree with those folks or not, or regardless of what we may think of Donald Trump, I think it’s a mistake to do it based on a case of this nature,” Avenatti claimed.
A criminal conviction doesn’t prevent a presidential candidate from being elected or taking office.
Avenatti then said that Jan. 6-related charges against Trump should have been brought earlier, and if that had happened, “we would not have found ourselves in the situation we’re in right now.”
As to what specifically he sees problematic about the case, Avenatti pointed to the credibility of Michael Cohen, Trump’s former fixer, and said his testimony on the stand has the “potential to be a disaster.”
Prosecutors allege that Trump made periodic reimbursements to Cohen for payments Cohen had made to Daniels, but that Trump falsely claimed they were for Cohen’s legal services, thereby breaking New York state law. Prosecutors are likely to allege that Trump also broke federal campaign finance law by doing so.
Cohen himself served three years in prison over the matter.
Avenatti also asserted that Trump wouldn’t get a fair trial in New York—an argument Trump himself has made repeatedly.
“I think the case has a lot of problems. Now, I don’t mean to suggest that means that Trump will not be convicted, because I think he will be convicted, because number one: He’s a criminal defendant, and in our society, I don’t believe criminal defendants generally get a fair shake,” claimed Avenatti. “In fact, I think the percentage of convictions demonstrates that the deck is stacked decidedly against all criminal defendants—number one. Number two: I don’t think he can get a fair trial in New York.”
Jury selection in the case is scheduled for April 15. Two of Trump’s last-ditch efforts to delay the trial were tossed Monday and earlier in the day Tuesday.
