Supreme Court Rejects Cohen’s Appeal Alleging Retaliation by Trump

The Supreme Court on Oct. 21 rejected a request from former Trump attorney Michael Cohen to hear his case alleging retaliation by his ex-boss.
Cohen’s attorney, Jon-Michael Dougherty, said the ruling “signals a dangerous moment in American democracy” and raises questions about free-speech rights.
Trump attorney Alina Habba said the Supreme Court had correctly denied Cohen’s petition and that “he must finally abandon his frivolous and desperate claims.”
That case upheld a cause of action related to unlawful searches and seizures, and Cohen asked the Supreme Court to consider whether it should apply to his circumstances. He alleged that he faced “retaliation for his refusal to waive his right to free speech.”
U.S. Solicitor General Elizabeth Prelogar similarly raised concerns about separation of powers and argued that Cohen could have pursued alternative remedies such as the Bureau of Prisons’ Administrative Remedy Program.
In July, the Supreme Court broadened the scope of immunity enjoyed by presidents in response to an appeal from Trump. That decision was cited by Trump in his brief opposing Cohen’s petition and has been raised in Trump’s attempt to challenge his guilty verdict in New York City.
The Supreme Court’s order was the latest in a string of developments surrounding Cohen and Trump’s ill-fated working relationship. Once a longtime attorney of Trump, Cohen participated in the business magnate’s 2016 presidential campaign and then played a key role in Manhattan District Attorney Alvin Bragg’s prosecution of the former president for alleged election interference.
He alleged that during furlough, he was asked to sign a Federal Location Monitoring Program Participant Agreement that contained a provision prohibiting engagement with the media that was not “standard.”
His Supreme Court petition noted that the agreement “would have prevented Cohen from publishing his book and speaking publicly about Trump.” When Cohen and his attorney asked for the provision’s removal, probation officers said they would check with their superiors before Cohen was eventually redirected back to federal prison.
“Respondent James Petrucci, the prison’s warden, placed Cohen in solitary confinement where Cohen spent roughly [23 1/2] hours a day alone in a cell with poor ventilation, no air conditioning, and a broken window,” Cohen’s petition reads.
Southern District of New York Judge Alvin Hellerstein ordered Cohen’s release in 2020, saying the government retaliated against him and violated his First Amendment rights. Another federal judge from the same district, Judge Lewis Liman, dismissed Cohen’s claims under the Bivens precedent but said the court “pauses to reiterate the profound violence this holding does to Cohen’s constitutional rights.”
On appeal, the U.S. Court of Appeals for the Second Circuit affirmed Liman’s decision.