Michael Cohen asked the U.S. Supreme Court on Wednesday to revive his lawsuit accusing former President Donald Trump and some Trump administration officials of retaliating against him when he sought release from federal prison.
Cohen served time after a federal judge in Manhattan sentenced him in 2018 to three years in prison for various crimes, including campaign finance violations, tax evasion and lying to Congress. He was released to home confinement during the COVID-19 pandemic but sent back to prison after he balked at a condition of his release that required him to waive his ability to criticize Trump, who was president at the time. Cohen had been writing a book critical of Trump.
A judge eventually allowed Cohen to serve the remainder of his sentence in home confinement. However, a judge tossed out his lawsuit against the former president, and in January, a panel of appellate judges declined to revive it.
Michael Cohen, former personal lawyer to Donald Trump, leaves his apartment building on his way to Manhattan criminal court in New York, May 14, 2024.
Michael Nagle/Bloomberg via Getty Images
“Thus, as it stands, this case represents the principle that presidents and their subordinates can lock away critics of the executive without consequence. That cannot be the law in the country the Founders created when they threw off the yoke of the monarch,” Cohen’s petition to the Supreme Court said.
Michael Cohen, former personal attorney to President Donald Trump, is seeking to revive a lawsuit against his former client with the Supreme Court of the United States (SCOTUS). The lawsuit, which was originally filed in 2018, alleges that Trump defamed Cohen by calling him a “rat” on Twitter.
Cohen’s legal team argues that Trump’s tweet was a clear attempt to intimidate and silence him, as Cohen was cooperating with federal prosecutors at the time. They believe that Trump’s actions were a violation of Cohen’s First Amendment rights and are seeking damages for the harm caused by the tweet.
The lawsuit was initially dismissed by a federal judge in New York, who ruled that Trump’s tweet was protected speech under the First Amendment. However, Cohen’s legal team is now appealing the decision to the Supreme Court, hoping for a different outcome.
If the Supreme Court agrees to hear the case, it could have far-reaching implications for the limits of presidential power and freedom of speech. It would also bring renewed attention to the legal troubles facing both Cohen and Trump, who have had a tumultuous relationship since Cohen pleaded guilty to multiple charges in 2018.
Cohen has been a key figure in several investigations into Trump’s business dealings and alleged ties to Russia. He has also been a vocal critic of the president since turning on him in 2018, making numerous media appearances and writing a tell-all book about his time working for Trump.
The outcome of this lawsuit could have significant implications for both Cohen and Trump, as well as for the broader legal landscape surrounding defamation and free speech. It remains to be seen whether the Supreme Court will agree to hear the case, but if they do, it could be a major moment in the ongoing legal battles between Cohen and Trump.
