Michael Cohen is petitioning the Supreme Court to intervene in his legal battle with President Trump after a federal appeals court dismissed his latest attempt to seek compensation for being jailed in what another judge deemed an act of retribution.
In a filing Wednesday, Cohen will request the Supreme Court to review a decision by the Court of Appeals for the Second Circuit, which denied his bid to hold Trump, former Attorney General Bill Barr, and other Justice Department officials accountable for re-imprisoning him after he refused to agree not to publish a book critical of Trump.
Cohen is invoking the Bivens precedent, which permits certain lawsuits against federal officials. However, recent Supreme Court decisions have significantly limited Bivens claims, making them nearly impossible to pursue. Cohen’s filing argues his case should qualify as a Bivens claim due to a federal judge’s finding that Cohen was jailed as retaliation for attempting to speak and write about the president. Justice Sonia Sotomayor granted Cohen an extension to file his petition, moving the deadline from June to July 10th.
Judge Alvin Hellerstein of the Southern District of New York previously determined that Cohen’s imprisonment was retaliatory and ordered his release, barring the government from re-incarcerating him.
Initially, a district judge ruled against Cohen's attempt to sue Trump and other officials, citing Supreme Court precedent that precluded him from seeking damages. The Second Circuit Court of Appeals upheld this decision, stating that Cohen’s release met his claims. District Judge Lewis Liman, while denying Cohen’s claim, acknowledged that Cohen’s rights were violated but indicated that Supreme Court precedent prevented the case from advancing.
Cohen played a key role as a witness in Trump’s New York hush money trial, which resulted in a jury finding him guilty of 34 counts of business document falsification related to hush money payments to Stormy Daniels before the 2016 election.
Trump’s attorney, Alina Hanna, has dismissed the lawsuit as frivolous. “We are very pleased with today’s ruling,” she said when Cohen’s complaint was initially dismissed. “Mr. Cohen’s lawsuit was doomed from its inception. We will continue to fight against any frivolous suits aimed at our client.”
