The Supreme Court will not revive Michael Cohen's lawsuit against Trump claiming retaliatory prison

Lindsay Wittehurst
| Associated press

Washington – The Supreme Court on Monday rejected an appeal from Michael Cohen, who wanted to hold his former boss and ex-President Donald Trump liable for a prison sentence that he said was retaliation for writing a tell-all memoir.

The justices did not detail their reasoning in the brief, routine order released just over two weeks before Election Day, in which Trump is running for another term.

Trump attorney Alina Habba said the Supreme Court was right to reject Cohen’s petition and that “he must finally abandon his frivolous and desperate claims.”

Cohen has framed the lawsuit as an accountability measure, saying in court documents that the case “raises fundamental questions about the meaning and value of constitutional rights.”

Cohen had asked the Supreme Court to revive a lawsuit filed by lower courts. Those judges found that people generally could not bring charges over claims that they were imprisoned for criticizing a president, and that the situation was resolved when Cohen was released from custody.

He filed the lawsuit after his early release from prison was quickly reversed.

Cohen pleaded guilty in 2018 to charges related in part to the payment of hush money to porn actor Stormy Daniels to prevent damage to Trump’s 2016 presidential bid.

Cohen said Trump ordered the payment of hush money, an allegation that later became a key part of the New York trial in which Trump was convicted this year.

The former president has denied all allegations.

Cohen served more than a year of his three-year sentence and was released as authorities tried to contain the coronavirus outbreak in federal prisons.

But weeks later he was sent back to prison after authorities said he had not accepted certain conditions of his release. Cohen said he had asked that a condition banning him from speaking to the media and publishing his book be removed.

He was held in solitary confinement for 16 days before being released again on the orders of a judge who said he was jailed in retaliation for his desire to publish a book critical of the president and discuss it on social media.

Cohen sued Trump and then-Attorney General William Barr, along with several prison and probation officials.

The Supreme Court will not revive Michael Cohen’s lawsuit against Trump claiming retaliatory prison

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