NEW YORK _ Michael Avenatti's comments about lawyer Michael Cohen should disqualify him in the case regarding the FBI raid on Cohen's office and residences, Cohen's lawyer argued Friday.
Avenatti has sought to intervene in the case over the April 9 raid, arguing that some of the documents seized from President Donald Trump's personal attorney may pertain to a $130,000 hush money payment to his client, Stormy Daniels.
Cohen paid the sum to Daniels shortly before the 2016 presidential election in exchange for her keeping quiet about an alleged affair with Trump.
But Cohen argued that Avenatti's conduct during frequent media appearances showed he was not fit to appear before Manhattan Federal Court Judge Kimba Wood.
"Mr. Avenatti appears to be primarily focused on smearing Mr. Cohen publicly in his efforts to further his own interest in garnering as much media attention as possible," Cohen's attorney Stephen Ryan wrote.
"To our knowledge, this Court has never been presented with clearer evidence of the deliberate creation of a carnival atmosphere and inappropriate conduct."
Ryan cited misstatements by Avenatti regarding a leaked Treasury Department document that revealed suspicious bank transactions made by Cohen. Information from the document was published by Avenatti on Twitter last week.
"Mr. Avenatti's deliberate public dissemination of confidential nonpublic information speaks to his character and lack of fitness to appear before this Court," Ryan wrote.
Avenatti called Cohen's latest argument "nonsense."
"Why are they so desperate to exclude me?" he asked.
Cohen is reportedly being investigated for bank fraud, wire fraud and campaign finance law violations. He argues that much of the material seized by the FBI is subject to attorney-client privilege. A retired magistrate judge is in the midst of reviewing the trove of materials for privilege.
A hearing in the case is scheduled for Thursday.
