Michael Cohen sparks debate as he takes Trump to Supreme Court over prison return and gag order

MANHATTAN, NEW YORK: Michael Cohen, once Donald Trump's personal attorney, is launching a bold challenge against his former employer by petitioning the US Supreme Court.

Cohen's aim? To seek damages over his contentious return to federal prison in July 2020, a move he alleges was accompanied by a gag order aimed at silencing his forthcoming tell-all book about his experiences as Trump's confidant and fixer.

Michael Cohen's fight against political retaliation

This latest legal salvo sets the stage for potential oral arguments at the highest judicial level in the United States. If Michael Cohen secures the support of at least four justices, he would need to persuade at least one of the conservative justices, while also seeking approval from liberal justices Sonya Sotomayor, Elena Kagan, and Ketanji Brown Jackson.

Cohen's legal saga has been tumultuous since his fallout with Trump, marked notably by his pivotal role as a witness in Trump's New York criminal trial, which ended in a significant conviction on 34 felony counts. Now, Cohen's appeal pivots on a nuanced legal strategy, challenging the restrictive measures imposed on him during his incarceration, which he argues were politically motivated and aimed at stifling his freedom of speech. 

Central to Cohen's argument is a profound concern over constitutional protections against government retaliation. His writ of certiorari seeks clarity on whether “federal officials imprison a critic in retaliation for his refusal to waive his right to free speech and there is no remedy to deter them from doing so?” reported Daily Beast.

He also referenced a ruling on his conditions of release from Judge Alvin K Hellerstein, who described the actions by Trump and the DOJ as "retaliatory." “In 21 years of sentencing people and looking at the terms of release,” the judge penned in his July 2020 ruling, “I’ve never seen such a clause.” The clause in the documents Cohen declined to sign included a prohibition on "engagement of any kind with the media, including print, TV, film, books, or any other form of media/news… Prohibition from all social media platforms."

Michael Cohen pursues damages

It also mandated that Michael Cohen abstain from communicating "with friends and family to exercise discretion in not posting on your behalf or posting any information about you." The DOJ explicitly stated the "purpose is to prevent glamorizing or attracting publicity to your status as a sentenced inmate serving a custodial term in the community."

Now, Cohen seeks clarification on whether another judge's ruling could entitle him to damages from the government, particularly under a clause pertaining to individuals facing "the most unusual of circumstances," which would afford them Fourth Amendment protections under Bivens at the federal level, rather than relying on a state law or congressional act for specific remedies.

"More 'unusual circumstances' in need of a deterrent Bivens remedy are difficult to imagine," reads Cohen’s petition. Previously, Cohen attempted but failed to pursue his retaliation claim in 2022, resulting in its dismissal by US District Judge Lewis J Liman, who was appointed by Trump.

Cohen was sentenced in 2018 to three years in prison for various crimes, including campaign finance violations and tax evasion. He was released due to health concerns during the Covid-19 pandemic. However, he was sent back to prison after he announced his plans to write a book about Trump.

Netizens divided over Michael Cohen's legal battle

A social media user commented, "Why? Cohen lied and is a thief! He is certainly no victim He admitted to stealing from Trump.... go check court records."

Another said, "Only in New York. The two key witnesses in Bragg's case have been on the losing end of cases against Trump. One stuck for thousands in damages. Most DAs wouldn't call such tainted witnesses, but hey it's Bragg and New York."

A third claimed, "Cohen is always about the money and getting away with his Crimes. Cohen lost his appeal and was jailed for crimes he committed."

"I have news for you, you can forget that!!!" read a comment.

"Well if the trump has republican’s blessing to lie, and sues anyone he thinks has disrespected him. Why can’t the same treatment for everyone. Go for it Michael." said a user.

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