Ex-federal prosecutor: DOJ appears to be building case to keep Michael Avenatti in jail without bail until trial

Former federal prosecutor James Trusty suggested to Fox News on Monday that Department of Justice prosecutors may be moving to hold attorney Michael Avenatti in jail without bail ahead of his trial.

Fox News host Dana Perino spoke to Trusty after Avenatti, a frequent critic of President Donald Trump, was charged in two states with extortion and bank fraud.

"I think there's another interesting procedural components [of Avenatti's arrest], which is charging by complaint instead of indictment," Trusty explained. "In a lot of white collar cases, you don't see the case go visible until there is an indictment."

"The complaint suggests at least that these prosecutors may be seeking to keep him locked up pre-trial," the former prosecutor continued. "Which is a little bit unusual in a lot of white collar cases."

Trusty went on to say that prosecutors likely viewed Avenatti a flight risk due to his provocative style.

"They may be looking at him and thinking he's a pretty unstable character right now," Trusty said. "I don't think they would say he's a danger to the community, but the risk of flight thing is at least in play."

Watch the video below from Fox News.