{"id":2340946,"date":"2024-09-13T18:55:02","date_gmt":"2024-09-13T22:55:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/doj-opposes-michael-cohens-bid-to-sue-trump-in-supreme-court-washington-examiner\/"},"modified":"2024-09-13T18:57:59","modified_gmt":"2024-09-13T22:57:59","slug":"doj-opposes-michael-cohens-bid-to-sue-trump-in-supreme-court-washington-examiner","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/doj-opposes-michael-cohens-bid-to-sue-trump-in-supreme-court-washington-examiner\/","title":{"rendered":"DOJ opposes Michael Cohen\u2019s bid to sue Trump in Supreme Court &#8211; Washington Examiner"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">28<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fdoj-opposes-michael-cohens-bid-to-sue-trump-in-supreme-court-washington-examiner%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2340946&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The Department of Justice (DOJ) is opposing Michael Cohen&#8217;s request to sue former President Donald Trump in the Supreme Court regarding \u2064his imprisonment in 2020. This unusual agreement between Trump \u2062and the\u2063 Biden\u200c administration centers on Cohen&#8217;s \u2063claim that \u200bhe was improperly \u200ddetained due to his criticism of \u2062Trump, which he argues justifies compensation. Cohen, who \u2063was \u200dTrump&#8217;s former personal lawyer, was \u200cserving a three-year sentence for\u200b <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/breaking-president-trump-gives-pardons-to-73-individuals-and-commutes-another-70-sentences-steve-bannon-is-included\/\" title=\"BREAKING: President Trump Gives Pardons to 73 Individuals and Commutes Another 70 Sentences \u2013 Steve Bannon Is Included\">campaign finance violations<\/a> and other offenses and claims he was subjected \u200dto\u2063 restrictive conditions during his release, \u2064including speech limitations that delayed\u200c the publication of his \u2062critical book about Trump.<\/p>\n<p>In 2020, Cohen was eligible for home \u200dconfinement but alleges that the DOJ imposed unusual\u2063 conditions that led to his placement in solitary confinement for about two weeks, which \u200dhe\u200d describes as traumatic. Although a judge previously agreed that there was retaliation against Cohen, lower courts have dismissed his attempts to recover damages. \u2064Both Trump and the Biden \u2064DOJ filed \u200barguments on the same\u2063 day urging the Supreme Court to dismiss Cohen&#8217;s claims. \u2064Trump&#8217;s legal team presented broader arguments compared to\u200d those from the \u2062Biden DOJ, highlighting the\u2064 ramifications \u2063of Cohen&#8217;s request.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<p><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><\/p>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-mobile-menu-button\"><i class=\"tdb-mobile-menu-icon td-icon-mobile\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-header-search-button-mob dropdown-toggle\" data-toggle=\"dropdown\"><i class=\"tdb-mobile-search-icon td-icon-search\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-mobile-menu-button\"><i class=\"tdb-mobile-menu-icon td-icon-mobile\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div class=\"tdb-drop-down-search\" aria-labelledby=\"td-header-search-button\">\n<div class=\"tdb-drop-down-search-inner\">\n<form method=\"get\" class=\"tdb-search-form\" action=\"https:\/\/www.washingtonexaminer.com\/\"><\/form>\n<div class=\"tdb-aj-search\"><\/div>\n<\/div>\n<\/div>\n<p><a href=\"http:\/\/www.washingtonexaminer.com\/#\" role=\"button\" aria-label=\"Search\" class=\"tdb-head-search-btn dropdown-toggle\" data-toggle=\"dropdown\"><i class=\"tdb-search-icon td-icon-search\"><\/i><\/a><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<h1 class=\"tdb-title-text\">DOJ opposes Michael Cohen&rsquo;s bid to sue Trump in Supreme Court<\/h1>\n<div><\/div>\n<div class=\"tdb-title-line\"><\/div>\n<\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div id=\"Brid_1687780\" class=\"tpd-featured-video bridtv\"><\/div>\n<p>Former President <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/donald-trump\" target=\"_blank\" rel=\"noopener\" title=\"Donald Trump\">Donald Trump<\/a> and the Biden administration are fighting <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/michael-cohen\" target=\"_blank\" rel=\"noopener\" title=\"Michael Cohen\">Michael Cohen<\/a>&rsquo;s efforts in the <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/supreme-court\" target=\"_blank\" rel=\"noopener\" title=\"Supreme Court\">Supreme Court<\/a> to seek damages for his imprisonment in 2020, marking an unusual instance of Trump and his successor siding with one another in a legal battle.<\/p>\n<div class=\"article-paywall\">\n<p>Trump and the Biden Department of Justice both argued in <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-admin-asks-supreme-court-to-cancel-asylum-border-wall-arguments\/\" title=\"Biden Admin Asks Supreme Court to Cancel Asylum, Border Wall Arguments\">separate court filings<\/a> on Friday that the high court should reject Cohen&rsquo;s claim that he was improperly detained for being critical of Trump, and, therefore, entitled to compensation.<\/p>\n<p>The odd state of agreement between the two parties comes after Cohen, Trump&rsquo;s former personal lawyer, asked the Supreme Court this year if he could sue Trump and the DOJ for damages.<\/p>\n<p>The lawsuit stems from a time when Cohen was serving out a three-year prison sentence for campaign finance violations, tax evasion, and false statements.<\/p>\n<p>In 2020, after spending about a year behind bars, Cohen became eligible for home confinement due to new COVID-19 policies. However, according to Cohen, the Trump DOJ sought terms of his prison release that included atypical speech restrictions.<\/p>\n<p>Cohen, who has built a brand around being critical of and hostile toward Trump, was at the time preparing to release a book titled <em>Disloyal: The True Story of Michael Cohen, Former Personal Attorney to President Donald J. Trump.<\/em><\/p>\n<figure class=\"wp-block-image size-full\"><figcaption class=\"wp-element-caption\">FILE &ndash; Michael Cohen leaves for a break during the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trump-dodges-calls-to-become-house-speaker-were-leading-by-like-50-points\/\" title=\"Trump avoids requests to become House speaker, citing a significant lead of around 50 points.\">civil business fraud trial<\/a> of former President Donald Trump at New York Supreme Court, Tuesday, Oct. 24, 2023, in New York. (AP Photo\/Stefan Jeremiah, File)<\/figcaption><\/figure>\n<p>Cohen opposed the speech restrictions, which would delay his book release, leading to the Bureau of Prisons placing him in solitary confinement after he had already been out on home confinement for weeks. Cohen stayed in solitary confinement for about two weeks in July 2020 before a judge granted Cohen an emergency application for his release. A judge agreed with Cohen at the time that Trump had retaliated against him, but lower courts have uniformly declined to award Cohen damages over it.<\/p>\n<p>Cohen&rsquo;s attorney described his client&rsquo;s experience in solitary confinement as traumatic, writing in the petition to the Supreme Court that Cohen &ldquo;spent roughly twenty-three-and-a-half hours a day alone in a cell with poor ventilation, no air conditioning, and a broken window.&rdquo;<\/p>\n<p>&ldquo;Cohen&rsquo;s health suffered, with his blood pressure becoming dangerously high, resulting in severe headaches, shortness of breath, and anxiety,&rdquo; Cohen&rsquo;s attorney wrote. &ldquo;While in solitary confinement, Cohen was unable to complete his book or make any public statements.&rdquo;<\/p>\n<p>Trump attorney Alina Habba responded on Trump&rsquo;s behalf, and Biden-appointed Solicitor General Elizabeth Prelogar responded on the Trump DOJ&rsquo;s behalf.<\/p>\n<p>Habba&rsquo;s arguments were far broader than Prelogar&rsquo;s and heavily incorporated the Supreme Court&rsquo;s <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/karine-jean-pierre-says-scotus-unconstitutionally-overturned-roe\/\" title=\"Karine Jean-Pierre Says SCOTUS Unconstitutionally Overturned Roe\">recent landmark ruling<\/a> on presidential immunity.<\/p>\n<p>&ldquo;Permitting a [damages claim] to proceed against the head of the Executive Branch, for acts allegedly performed within his official capacity as President, would undoubtedly raise grave separation-of-powers concerns,&rdquo; Habba wrote, citing the immunity ruling.<\/p>\n<p>Prelogar argued that Cohen was improperly claiming he was entitled to damages under the wrong constitutional amendment.<\/p>\n<p>&ldquo;This case would also be a poor vehicle for considering petitioner&rsquo;s arguments because his allegations of retaliation for speech fit more naturally under the First rather than the Fourth Amendment, and the Court has already declined to extend [damages eligibility] to First Amendment retaliation claims,&rdquo; Prelogar wrote. &ldquo;The petition for a writ of certiorari should be denied.&rdquo;<\/p>\n<p><strong><a href=\"https:\/\/www.washingtonexaminer.com\/\" target=\"_blank\" rel=\"noreferrer noopener\"><\/a><\/strong>&nbsp;<\/p>\n<p>Cohen&rsquo;s attorney argued that the case had serious implications for presidential power.<\/p>\n<p>&ldquo;Thus, as it stands, this case represents the principle that presidents and their subordinates can lock away critics of the executive without consequence,&rdquo; the attorney wrote.<\/p>\n<\/p>\n<\/div>\n<p> <script data-cfasync=\"false\" src=\"http:\/\/www.washingtonexaminer.com\/cdn-cgi\/scripts\/5c5dd728\/cloudflare-static\/email-decode.min.js\"><\/script><script>!function(){var g=window;g.googletag=g.googletag||{},g.googletag.cmd=g.googletag.cmd||[],g.googletag.cmd.push(function(){g.googletag.pubads().setTargeting(\"has-featured-video\",\"true\")})}();<\/script><script>var _bp=_bp||[];_bp.push({\"div\":\"Brid_1687780\",\"obj\":{\"id\":\"27789\",\"width\":\"1280\",\"height\":\"720\",\"stickyDirection\":\"below\",\"video\":\"1687780\"}});<\/script><script defer src=\"https:\/\/services.brid.tv\/player\/build\/brid.min.js\"><\/script><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Biden administration are jointly opposing Michael Cohen&#8217;s attempt to sue Trump in the Supreme Court for damages related to his 2020 imprisonment. This situation is notable as it showcases an unusual alignment between Trump and President Biden in a legal context. Both parties submitted separate court documents on Friday, urging the Supreme Court to dismiss Cohen&#8217;s claim that he was wrongfully detained due to his criticisms of Trump, which he argues entitles him to compensation.<\/p>\n<p>Cohen, who previously served as Trump&#8217;s personal attorney, has sought permission from the Supreme Court this year to file a lawsuit against both Trump and the Department of Justice (DOJ) for damages stemming from his incarceration. His imprisonment was part of a three-year sentence for campaign finance violations, tax evasion, and making false statements. In 2020, after spending about a year in prison, Cohen became eligible for home confinement under new COVID-19 regulations. However, he alleges that the DOJ under Trump imposed unusual speech restrictions on him as part of his release terms.<\/p>\n<p>At that time, Cohen was preparing to publish a book titled &#8220;Disloyal: The True Story of Michael Cohen,&#8221; which criticized Trump. When he opposed these speech restrictions\u2014believing they would delay his book&#8217;s release\u2014the Bureau of Prisons placed him in solitary confinement after weeks on home confinement. He remained there for approximately two weeks until a judge approved an emergency application for his release.<\/p>\n<p>A judge had previously agreed with Cohen that Trump&#8217;s actions constituted retaliation against him; however, lower courts have consistently denied any damages claims made by Cohen regarding this matter. His attorney described the solitary confinement experience as traumatic and noted significant health issues resulting from it.<\/p>\n<p>In their responses filed with the court, Trump&#8217;s attorney Alina Habba presented broader arguments than those made by Elizabeth Prelogar representing Biden\u2019s DOJ. Habba emphasized concerns about separation-of-powers if such claims were allowed against a sitting president acting within their official capacity while referencing recent rulings on presidential immunity.<\/p>\n<p>Prelogar contended that Cohen misapplied constitutional grounds in seeking damages and suggested that allegations related more appropriately fall under First Amendment protections rather than Fourth Amendment rights\u2014pointing out that previous cases have not extended eligibility for damages based on First Amendment retaliation claims.<\/p>\n<p>Cohen\u2019s legal team argued that this case raises significant questions regarding presidential authority over critics within the executive branch without facing repercussions<\/p>\n","protected":false},"author":49,"featured_media":2340947,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/04\/AP23363655580817-1.jpg.optimal.jpg","fifu_image_alt":"","footnotes":""},"categories":[538],"tags":[7076,4585,40875,32275,3634],"class_list":["post-2340946","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-washington-examiner","tag-doj","tag-lawsuit","tag-michael-cohen","tag-supreme-court","tag-trump"],"fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/04\/AP23363655580817-1.jpg.optimal.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2340946","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/49"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2340946"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2340946\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2340947"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2340946"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2340946"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2340946"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}