Michael Cohen, former President Donald Trump’s ex-attorney, lost an appeal Tuesday to revive his claim that he was jailed in retaliation for writing a tell-all book that was critical of the former president.
— One America News (@OANN) January 2, 2024
The 2nd U.S. Court of Appeals in Manhattan, according to Fox News, said that it would not revive Cohen’s lawsuit after a lower judge ruled that the law did not allow him to pursue damages as a remedy for his claims.
“The outcome is wrong if democracy is to prevail,” Cohen told Fox News. “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.”
Cohen has stated that he will bring the challenge to the U.S. Supreme Court.
According to The Hill, Cohen was often referred to as Trump’s “fixer” and in 2018, he pleaded guilty to charges of tax evasion, violating campaign finance laws and lying to Congress.
Cohen served more than a year of his three-year prison sentence before being released on furlough on May 21, 2020, to serve the remainder of his time. After being released, however, Cohen allegedly did not take the necessary steps to finalize the transfer and was put back in prison before being returned to home confinement in July.
Cohen’s lawsuit claims that his return to prison was retaliation by Trump for publishing a book that was critical of the president. He also claims that he suffered physical ailments while imprisoned and is seeking damages for what happened to him in confinement.
Reuters reported, “Cohen said he suffered severe headaches, shortness of breath and anxiety while spending 23-1/2 hours a day in a small cell at the Otisville, New York, federal prison, where temperatures exceeded 100 degrees Fahrenheit.”
At the time the events took place, the Bureau of Prisons said, “Any assertion that the decision to remand Michael Cohen to prison was a retaliatory action is patently false.”
Trump attorney Alina Habba told Fox News that they are “very pleased with today’s ruling…Mr. Cohen’s lawsuit was doomed from its inception. We will continue to fight against any frivolous suits aimed at our client.”
Last November, U.S. District Judge Lewis Liman in Manhattan rejected Cohen’s claims of retaliation and that decision was upheld again Tuesday.