• Investing
  • Stock
Round Table Thoughts
  • Economy
  • Editor’s Pick
Home Economy Federal appeals court denies Michael Cohen’s attempt to revive lawsuit against Trump
Economy

Federal appeals court denies Michael Cohen’s attempt to revive lawsuit against Trump

by January 3, 2024
by January 3, 2024 0 comment
Share
0
FacebookTwitterPinterestWhatsapp

A federal appeals court on Tuesday denied Michael Cohen’s attempt to revive his lawsuit against former President Trump in which he claimed he was jailed in retaliation for writing a tell-all book.

The 2nd U.S. Circuit Court of Appeals in Manhattan said in an order that it would not revive the lawsuit. A lower-court judge had tossed out the lawsuit, ruling that the law did not seem to provide a damages remedy for most claims that someone was jailed in retaliation for their criticisms of a president.

The court of appeals on Tuesday ruled that Cohen already obtained relief by getting a judge to order his release from imprisonment to home confinement weeks after he was imprisoned, when the government claimed he violated severe restrictions on his public communications.

The court said the law did not provide an outlet for more relief than that.

Cohen served more than a year of his three-year sentence in federal prison after pleading guilty in 2018 to tax evasion, campaign finance charges and making a false statement to Congress.

Cohen, however, told Fox News Digital he will bring the challenge to the Supreme Court.

‘The outcome is wrong if democracy is to prevail,’ Cohen told Fox News Digital. ‘A writ of habeas corpus cannot be the only consequence to stop a rogue president from weaponizing the Department of Justice from locking up his/her critics in prison because they refuse to waive their first amendment right.’

He added: ‘We will be filing a writ of certiorari to the Supreme Court.’

In a statement Tuesday, Cohen’s attorney Jon-Michael Doherty of Gilbert LLP said they plan to take the fight to ‘the highest court in the land.’

‘While we are of course disappointed in the Second Circuit’s ruling, our consistent expectation has been that this novel issue involving the appropriate remedy against a rogue President who seeks to use the prisons to silence his personal critics would need to be addressed by the United States Supreme Court,’ he said. ‘In America, an adequate remedy against this sort of abuse of power must deter future misconduct by federal officials.’

He added: ‘We look forward to taking the fight for Americans’ right to speak freely about their government without fear of imprisonment to the highest court in the land.’

Cohen filed the initial lawsuit in 2020.

Meanwhile, Trump attorney Alina Habba told Fox News Digital that they are ‘very pleased with today’s ruling.’ 

‘Mr. Cohen’s lawsuit was doomed from its inception,’ Habba told Fox News Digital. ‘We will continue to fight against any frivolous suits aimed at our client.’

Cohen had been released on furlough on May 21, 2020, to serve out the remainder of his three-year sentence — but allegedly failed to take necessary steps to finalize that transfer. In a statement, the Bureau of Prisons charged that instead of complying with the terms of the U.S. Probation Office’s Federal Location Monitoring (FLM) program, Cohen was obstinate.

At the time, the Bureau of Prisons said: ‘Any assertion that the decision to remand Michael Cohen to prison was a retaliatory action is patently false.’

The Bureau of Prisons also said that during the process of transitioning to home confinement, Cohen ‘refused to agree to the terms of the program, specifically electronic monitoring.’

The agency said he was ‘argumentative’ and ‘was attempting to dictate the conditions of his monitoring, including conditions relating to self-employment, access to media, use of social media and other accountability measures.’ Cohen also allegedly ‘refused to acknowledge and sign the conditions of his transfer of home confinement and was remanded into custody.’

‘While it is not uncommon for BOP to place certain restrictions on inmates’ contact with the media, Mr. Cohen’s refusal to agree to those conditions here played no role whatsoever in the decision to remand him to secure custody nor did his intent to publish a book,’ the bureau said at the time.

In July 2020, U.S. District Judge for the Southern District of New York Alvin Hellerstein said the move to put Cohen back in prison was ‘retaliatory’ and claimed it was related to his forthcoming tell-all book. Hellerstein noted that probation officers had demanded Cohen agree to avoid engagement with the media, then cuffed him when he didn’t agree.

‘I’ve never seen such a clause in 21 years of being a judge and sentencing people. How can I take any other inference but that it was retaliatory?’ Hellerstein said at the time.

The Justice Department, at the time, led by then-Attorney General Bill Barr, denied the move was retaliatory, as did the Bureau of Prisons.

The Associated Press contributed to this report. 

This post appeared first on FOX NEWS
You Might Also Like
  • No charges for Biden after Special Counsel probe into improper handling of classified documents
  • White House says commitment to Israel ‘ironclad,’ despite report of slow-walking military aid
  • Americans view Harris as more honest than Trump, but trust her less on economy, immigration: poll
  • Hawley says Garland should invoke 25th Amendment if DOJ declines to charge Biden: ‘One or the other’
Share
0
FacebookTwitterPinterestWhatsapp

previous post
Trump starts 2024 in ‘strongest possible position’ in Republican presidential primary race
next post
Technology Shares PLUNGE to Kick Off 2024

You may also like

New Hampshire House passes $15.9B budget proposal

April 7, 2023

House Republicans blast ‘cry wolf’ conservatives who tanked FISA renewal...

April 11, 2024

Five most significant allegations against the Bidens in FBI FD-1023...

July 22, 2023

McCarthy GOP primary challenger praises eight Republicans who ousted him...

October 31, 2023

Nancy Mace defends Biden impeachment inquiry: ‘Facts are everywhere’

September 18, 2023

Biden admin under pressure to stop billions of dollars in...

March 14, 2024

Longtime Wisconsin Sec. of State, ‘Fighting Bob’ relative Doug La...

March 18, 2023

House Judiciary votes to hold AG Garland in contempt over...

May 17, 2024

Pro-lifers set for 50th March for Life after fall of...

January 20, 2023

Lila Rose: Kamala Harris, Democrats’ abortion extremism would be a...

August 24, 2024

    Stay updated with the latest news, exclusive offers, and special promotions. Sign up now and be the first to know! As a member, you'll receive curated content, insider tips, and invitations to exclusive events. Don't miss out on being part of something special.


    By opting in you agree to receive emails from us and our affiliates. Your information is secure and your privacy is protected.

    Recent Posts

    • Week Ahead: NIFTY Stays In A Defined Range; Moving Past This Level Crucial For Resumption Of Upmove

      May 31, 2025
    • Breakouts, Momentum & Moving Averages: 10 Must-See Stock Charts Right Now

      May 31, 2025
    • Leadership Rotation Could Confirm Corrective Phase

      May 30, 2025
    • Run Your Stock Portfolio Like a Pro Sports Team

      May 30, 2025
    • U.S. foreign tax bill sends jitters across Wall Street

      May 30, 2025

    Popular Posts

    • 1

      Trump-era China sanctions ended by Biden may be...

      June 27, 2024 2,765 views
    • 2

      Walz’s honeymoon with China gets fresh scrutiny as...

      August 9, 2024 2,472 views
    • 3

      Biden appointee played key role in recruiting Chinese...

      June 25, 2024 2,451 views
    • 4

      Shein’s global ambitions leaves some cybersecurity experts fearful...

      July 10, 2024 2,432 views
    • 5

      Harris VP pick spent years promoting research facility...

      August 29, 2024 2,308 views

    Categories

    • Economy (7,009)
    • Editor's Pick (2,106)
    • Investing (538)
    • Stock (2,582)

    Popular Posts

    • 1

      Trump-era China sanctions ended by Biden may be revived under new House GOP bill

      June 27, 2024
    • 2

      Walz’s honeymoon with China gets fresh scrutiny as Harris camp blasts ‘lying’ critics

      August 9, 2024
    • 3

      Biden appointee played key role in recruiting Chinese businesses to Delaware: ‘Longtime friends’

      June 25, 2024
    • 4

      Shein’s global ambitions leaves some cybersecurity experts fearful of Chinese spy threats

      July 10, 2024
    • 5

      Harris VP pick spent years promoting research facility that collaborated with ‘Chinese military company’

      August 29, 2024

    Latest News

    • Week Ahead: NIFTY Stays In A Defined Range; Moving Past...

      May 31, 2025
    • Breakouts, Momentum & Moving Averages: 10 Must-See Stock Charts Right...

      May 31, 2025
    • Leadership Rotation Could Confirm Corrective Phase

      May 30, 2025

    Categories

    • Economy (7,009)
    • Editor's Pick (2,106)
    • Investing (538)
    • Stock (2,582)

    Disclaimer: RoundTableThoughts.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

    Copyright © 2024 RoundTableThoughts.com. All Rights Reserved.

    Round Table Thoughts
    • Investing
    • Stock
    Round Table Thoughts
    • Economy
    • Editor’s Pick

    Read alsox

    Disney tries to silence grieving husband...

    August 26, 2024

    US troops could pay price if...

    May 1, 2024

    Biden admin claims economic policies are...

    September 13, 2023
    Sign In

    Keep me signed in until I sign out

    Forgot your password?

    Password Recovery

    A new password will be emailed to you.

    Have received a new password? Login here