What Does Supreme Court’s Decision on Cohen Mean for Free Speech?

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Michael Cohen, President Trump’s former attorney, has filed a lawsuit against him. He claimed it was retaliation for writing a book critical of his time with Trump. Cohen’s appeal to revive a lawsuit has been denied by the Supreme Court. The original suit was dismissed by the lower courts, despite concerns about constitutional violations.

The Supreme Court turns down Cohen’s appeal.

Michael Cohen’s legal battle against former President Donald Trump and other federal officials has ended, according to the United States Supreme Court. Cohen, who once worked as Trump’s personal lawyer, attempted to revive a lawsuit alleging retaliation for writing a book critical of the former president. The high court’s decision not to hear the case effectively upholds the lower courts’ dismissals, leaving Cohen with no other legal recourse.

Cohen’s lawsuit arose from his return to prison in 2020, after being initially released to home confinement due to the COVID-19 pandemic. He claimed his re-arrest was in retaliation for his plans to publish a tell-all book about Trump. In September 2020, the book “Disloyal: A Memoir” became a bestseller.

Legal Journey and Dismissals

Cohen’s legal battle began in 2021, when he filed a civil lawsuit seeking monetary damages for alleged violations of his constitutional rights, such as free speech and protection from illegal seizure and cruel punishment. Despite a judge’s initial order for Cohen’s release from his brief re-incarceration, determining that he had been targeted for retaliation, subsequent courts dismissed his lawsuit.

“In denying Michael Cohen’s petition, the Supreme Court has stated that the courts will not provide any deterrent for an executive intent on incarcerating its critics in retaliation for their speech.” – Jon-Michael Dougherty

U.S. District Judge Lewis Liman dismissed Cohen’s lawsuit, citing Supreme Court precedents while acknowledging possible constitutional violations. The 2nd U.S. Circuit Court of Appeals upheld the dismissal, prompting Cohen’s ultimately unsuccessful appeal to the Supreme Court.

Implications for Executive Power and Free Speech

The Supreme Court’s decision not to hear Cohen’s case has raised concerns about the limits of executive power and the protection of free speech. Cohen’s lawyer, Jon-Michael Dougherty, expressed alarm at the potential implications of the ruling.

On the other hand, Trump’s lawyer, Alina Habba, dismissed Cohen’s claims as frivolous and desperate. The Biden administration’s lawyers had also urged the justices to deny Cohen’s appeal, contributing to the complexity of the case’s political implications.

Background and Ongoing Legal Matters

Cohen’s history with Trump extends beyond this lawsuit. In 2018, he was sentenced to three years in prison for federal felonies such as campaign finance violations and false testimony to Congress. More recently, Cohen testified in a criminal case against Trump involving an alleged hush money payment to adult film actress Stormy Daniels.

As the dust settles on this particular legal battle, the Supreme Court’s decision leaves open questions about the balance between executive power and individual rights, particularly in cases involving political speech and potential retaliation.

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