WASHINGTON — On Monday, the Supreme Court declined to consider an appeal from Michael Cohen, who sought to hold his former employer and ex-president Donald Trump accountable for his imprisonment, which he claimed was enacted in retaliation for writing a revealing memoir.
The Court did not provide specific reasons for its brief order, which is customary in such cases. Cohen had petitioned the high court to reinstate his lawsuit that a New York judge had dismissed. The judge concluded that existing laws generally do not permit individuals to seek damages for claims related to being imprisoned as a result of criticizing a president.
An appellate court upheld this dismissal, stating that Cohen had already received a form of relief when a judge permitted his transfer from prison to home confinement. Cohen spent over a year of a three-year sentence following his guilty plea in 2018 to charges including tax evasion, violations of campaign finance laws, and lying to Congress. He alleged that Trump instructed him to facilitate payments to silence a pornographic actress, which was intended to protect Trump’s 2016 presidential campaign from potential fallout. Trump has consistently denied any misconduct.
Cohen initially obtained early release amid efforts to control the COVID-19 pandemic within federal correctional facilities but was later re-incarcerated just weeks after his release. Officials cited his noncompliance with the terms of his release. Cohen contended that he had inquired about the possibility of lifting a condition that barred him from communicating with the media and from publishing his book.
After spending 16 days in solitary confinement, he was again released to home confinement after a judge asserted that his incarceration was retaliatory, stemming from his intent to publish a critical book about the president and discuss it on social media platforms. Cohen subsequently filed a lawsuit against Trump, the former Attorney General William Barr, alongside various prison and probation authorities.
