Michael Cohen's Retaliation Lawsuit Against Trump Fails to Gain Traction in Appeal
Michael Cohen's retaliation lawsuit against Trump dismissed as federal appeals court rejects his plea to revive it The court ruled against Cohen's claims of retaliation for promoting a critical tell-all book
The federal appeals court on Tuesday denied Michael Cohen's attempt to resurrect his lawsuit against Donald Trump for supposedly retaliating against him for promoting a critical tell-all book about the ex-president. Cohen, who was once Trump's lawyer and fixer, had filed a lawsuit against Trump, former Attorney General Bill Barr, and other Justice Department officials, alleging that his constitutional rights were violated when he was sent back to prison after speaking critically of Trump.
A lower court judge ruled against Cohen, stating that Supreme Court precedent does not permit him to seek damages as a remedy for his claims. On Tuesday, the 2nd US Circuit Court of Appeals upheld the decision.
Michael Cohen, former attorney to Donald Trump, leaves the District Attorney's office in New York after testifying before a grand jury on March 13, 2023. (AP Photo/Yuki Iwamura)
Yuki Iwamura/AP
Michael Cohen admitted to unknowingly sending his lawyer fake case citations that were generated by artificial intelligence. The appeals court noted that Cohen was able to promptly obtain an injunction that allowed him to be released from prison and placed under home confinement, which supported his claims.
During a hearing last month, Trump's attorney Alina Habba claimed that Cohen's release from prison should be considered his remedy, and she argued that the judge's decision to allow this release would serve as a deterrent. Habba also contended that Cohen has not provided evidence of Trump's direct involvement in the decision to send him back to prison.
"The complaint lacks factual evidence that Trump was involved. It's simply an assumption made by Michael Cohen," she stated.
Dougherty, Cohen's lawyer, contended that the lawsuit was necessary to hold Trump and other presidents accountable. "Seeking damages serves as a crucial deterrent to prevent presidents from using imprisonment as a tool to intimidate their critics," Dougherty informed the court, emphasizing, "Our case is an exceptional circumstance."
