Michael Cohen loses fight to revive retaliation claim against Trump

Michael Cohen, former President Trump’s ex-attorney, lost his appeal Tuesday to revive the claim that Trump retaliated against Cohen, using his presidential powers to jail him from promoting his book.

Cohen, who was often referred to as Trump’s “fixer,” pleaded guilty to campaign finance violations, tax evasion and lying to Congress. While incarcerated, he began writing a tell-all book detailing his experiences with the former president.

The former Trump attorney was released in May 2020 amid the COVID-19 pandemic’s effects on the prison population. He was later returned to prison over a dispute about whether he could speak with the media about his upcoming book while in home confinement.

Cohen said he suffered physical ailments like headaches, shortness of breath and anxiety while spending almost all day in a small cell at the federal prison, where temperatures exceeded 100 degrees, Reuters reported.

A federal judge said in July 2020 that Cohen should return to home confinement. The ACLU filed a lawsuit alleging that Cohen was sent back to prison in retaliation for the book.

Cohen’s book “Disloyal: A Memoir” debuted at No. 1 on the Amazon bestseller list when it was released.

Cohen attempted to revive the retaliation claim against Trump, but a decision from U.S. District Judge Lewis J. Liman, a Trump-appointed lawyer, dismissed the complaint for the second time.

Liman first dismissed Cohen’s claims that putting him in solitary confinement conditions for 16 days violated the Constitution by undermining his free speech. He claimed it subjected him to an illegal seizure and cruel and unusual punishment, Reuters reported.  

In the most recent dismissal, Liman again said Cohen does not have a viable claim to say a federal officer, on behalf of federal authority, violated the Constitution.

In his brief, Cohen asked Liman to reverse the court’s dismissal and recognize that “where such a grievous injury is done to a citizen’s rights and to the nation’s rule of law, there must be a remedy.”

The former president’s legal team praised the decision Tuesday.

“We are very pleased with today’s ruling. Mr. Cohen’s lawsuit was doomed from its inception. We will continue to fight against any frivolous suit aimed at our client,” Trump attorney Alina Habba said in a statement.