Why Michael Avenatti’s Accusation That Jacob Wohl Set Him Up Is Absurd

Posted: November 20, 2018 in NEWS
Tags: , , , ,

James A., Ph.D

“Creepy Porn Lawyer”, Michael Avenatti, was arrested on or about November 14, 2018, for felony domestic battery. Although Avenatti denies being either “charged”, or accused of a felony, the LAPD website states both: that Avenatti was not only “charged”, but charged with a class F Felony.

After Avenatti’s release on $50,000 bail, Avenatti accused Jacob Wohl of orchestrating a smear campaign against him. In other words, Avenatti was arrested not because he actually assaulted someone, but because there’s a vast conspiracy between Jacob Wohl and the Los Angeles Police Department (which just happens to be one of the most liberal strongholds in the country).

For the following reasons, this accusation against Wohl is patently absurd.

1. Avenatti’s grounds for this accusation seems to be based on a single tweet made by “Surefire Intelligence” which stated simply, “Surefire strikes again”. It is obvious that the tweet was not an admission to Wohl’s “complicity” in Avenatti’s arrest, but a sentiment that they thought they were  first to circulate the story, which is a common “puffing” tactic used by all news reporting agencies and marketers. Even if Surefire was playing head games with Avenatti, that’s not evidence that Wohl was behind Avenatti’s arrest.

2. The reports which rely heavily on TMZ and AP Network News, who report getting their information from the LAPD, state that the victim reporting the incident had visible injuries. The injuries were serious enough to charge Avenatti with a felony as opposed to a misdemeanor. To think Wohl orchestrated the physical, visible bruises on the victim is absurd. Avenatti has attacked TMZ for being part of the “conspiracy” against him as well because it’s owner is friends with President Trump, even though TMZ has quite a plethora of negative anti-Trump articles. However, ironically, Avenatti is silent on the same reporting done by AP, who is clearly not Trump-friendly.

3. Avenatti was arrested for a DOMESTIC battery, which typically indicates the victim and perpetrator were in a close relationship.* This is also supported by the fact that the victim obtained a restraining order (screenshot of relevant portion of the article below) against Avenatti on November 15, 2018. The fact that the victim feared that Avenatti would return not only shows trauma, but also shows that Avenatti and the victim knew each other, and knew each other long enough for there to have been a relationship. For Wohl to have orchestrated this, he would have to have known who Avenatti was dating, and then somehow, convinced the victim to cooperate in a conspiracy to have Avenatti arrested for battery, in addition to being willing to take a punch.

To think that Wohl just schmoozed into this woman’s life and someone convinced a girl he didn’t know to accuse her boyfriend of domestic abuse is just absurd. How did Wohl know who Avenatti was dating? How did Wohl know where they lived?  Note that in all of Avenatti’s public statements, he has not denied knowing the woman, he has not denied having a relationship with the woman, and he has not directly accused the woman or Jacob Wohl of knowing each other.

4. Avenatti is reported to have told the police, “she hit me first”. Avenatti has not denied that he made this statement to police. This statement made in the heat of the incident would be considered in law “res gestae, excited utterance”. These kind of utterances are often the most powerful statements because they reflect what a person is thinking and feeling in the moment without having time to reflect on how they could have or should have responded differently, and before you give your official spin narrative to the media. The fact that Avenatti has claimed he never hit the woman, AT ALL, yet claims that she hit him first based on his excited utterance shows that not only is he lying about hitting her, but is trying to give the impression that even if he did, it would be OK to crush a woman’s face simply because she hit him first.

So much for “believe survivors”, and “believe women”.

The media, and Avenatti’s supporters have pointed to another incident in where they accuse Wohl of orchestrating an attack against Robert Mueller. Even if this were true (and there’s no proof that it is), it is a post hoc ∴ propter hoc fallacy to claim that Wohl is behind the Avenatti arrest based solely on Avenatti’s question-begging premise that Wohl orchestrated a “Mueller smear”.

Thus ultimately, the only grounds so far that Avenatti has put forward in an attempt to substantiate his claim that Jacob Wohl was behind his arrest is a single tweet that is quite ambiguous. This is just sloppy, irresponsible lawyering, and hardly constitutes evidence of a conspiracy.

Unfortunately, California is an activist state. It is where the ACLU goes judge shopping, and where courts have exonerated illegal immigrants in the face of overwhelming evidence of murder, and warned them in advance of impending arrests by ICE. It is highly likely, in my opinion, Avenatti will seek the assistance of the US Senator over Los Angeles, Dianne Feinstein, the senator who was involved in smearing Justice Kavanaugh, who will then put pressure on local LAPD officials and the mayor, and thus it is unlikely Avenatti will face any real consequences, and the victim will not get any real justice. But until the case against Avenatti has been adjudicated, it is absurd to make Jacoh Wohl into a patsy, and direct public ire against him without any evidence whatsoever that Wohl had anything to do with putting Michael Avenatti’s fist into the face of his girlfriend as reported by the LAPD, TMZ, and AP.  All Avenatti is doing at this point is harpooning the public pool of opinion. “Harpooning the jury” is a lawyer tactic where even though a lawyer knows a comment will be objected to and ordered stricken from the record, it nevertheless stews in the minds of the jurors and can often be persuasive in deliberations. It is clear that’s what Avenatti is doing. Even though there’s absolutely no substance to his accusations, he’s employing a common propaganda technique to deflect and project the entire case onto Jacob Wohl. In my opinion, if all this is true, Avenatti should take the advice of Jacob’s father:

*Although it appears that the victim was misidentified at first as Avenatti’s ex-wife, Lisa Avenatti, it is clear that Avenatti was accused of hitting SOMEONE. It would not be difficult for any media to make this kind of mistake given that Avenatti was charged with a domestic battery, and his last known spouse was Lisa Avenatti. However, domestic battery can include a girlfriend. What Avenatti has attempted to do is deny that any person was assaulted at all by laying the entire alleged assault on Lisa, and since Lisa denies being the victim, ergo it follows that no victim exists at all and the event as alleged never happened. Again, bad lawyering and really bad logic.

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