SCOTUS Ends Michael Cohen’s Latest Attempt To Take Down Trump

This morning, the Supreme Court rejected former Donald Trump attorney Michael Cohen’s appeal to bring back his civil rights claim against the former president.

Cohen alleged former President Donald Trump, former Attorney General William Barr and other federal officials put him back in prison as retaliation for promoting a book critical of Trump.

“[A]s it stands, this case represents the principle that presidents and their subordinates can lock away critics of the executive without consequence,” Cohen’s petition states.

As Sam Dorman reports for The Epoch Times, Cohen had argued that two lower courts wrongly dismissed a claim that former President Donald Trump violated his rights by ending his prison furlough during the COVID-19 pandemic.

According to Cohen’s petition, he had objected to a federal form that probation officers asked him to sign, which prohibited him from engaging with the media, including posting on social media.

At the time, he was writing a book critical of the former president.

Cohen’s attorney, Jon-Michael Dougherty, said the ruling “signals a dangerous moment in American democracy,” and raises questions about free-speech rights.

Both Trump and the Justice Department filed briefs opposing Cohen’s petition.

Cohen had attempted to claim a private right of action under the Supreme Court’s 1971 precedent in Bivens v. Six Unknown Federal Narcotics Agents.

While that case upheld a cause of action related to unlawful search and seizures, 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.

Trump told the court that Cohen’s attempt to expand the precedent under Bivens would disrupt the constitution’s separation of powers. He added that the doctrine of presidential immunity presented an “insurmountable obstacle” to Cohen’s claim.

Trump attorney Alina Habba said the Supreme Court had correctly denied Cohen’s petition, and “he must finally abandon his frivolous and desperate claims.”