BY Benjamin ClarkSeptember 15, 2024
4 weeks ago
BY 
 | September 15, 2024
4 weeks ago

DOJ, Trump Oppose Cohen's Supreme Court Damages Claim

In a remarkable turn of legal affairs, former President Donald Trump, alongside the Biden administration, has taken a stand against Michael Cohen’s U.S. Supreme Court claim for damages relating to alleged wrongful imprisonment.

Cohen asserts his 2020 imprisonment conditions were influenced by his criticisms of Trump, a claim now opposed by both Trump's legal team and the Department of Justice, as the Washington Examiner reports.

Cohen, previously a personal lawyer for Trump, has been a controversial figure due to his fallout with the former president.

Initially, Cohen was serving a three-year sentence due to convictions involving campaign finance violations, tax evasion, and falsehoods. The onset of the COVID-19 pandemic in 2020, however, shifted his confinement to potential home detention.

Origins Of Cohen's Legal Struggles

Cohen was poised for home confinement under new health-guided regulations meant to curb the spread of the virus within penal facilities. It was during this transition that he claimed to face unusual legal demands from the Trump administration's Department of Justice, ones that heavily restricted his freedom of speech.

These demands notably included conditions that would prevent him from releasing his forthcoming book, Disloyal: The True Story of Michael Cohen, Former Personal Attorney to President Donald J. Trump, which promised critical insights into his former employer.

Despite his eligibility for adjusted confinement, Cohen argued that his outspoken past against Trump led to punitive measures against him. After challenging the imposed conditions, he was placed back into solitary confinement, a move he describes as retaliatory.

According to his attorney, Cohen's resumption of full imprisonment was under harsh conditions -- nearly 24 hours in solitary confinement daily, in a room with poor airflow and no air conditioning, exacerbating his health issues.

The Legal Roadblocks for Cohen

The judicial system presents a complicated backdrop for Cohen's allegations. While a judge acknowledged the possibility of retaliation against him, appellate bodies have since rejected his attempts to secure damages for his treatment.

Rendering the legal battle even tougher are the arguments presented by Trump’s lawyer, Alina Habba, and Solicitor General Elizabeth Prelogar. Habba argues that presidential immunity shields Trump from such claims, emphasizing the potential conflict with the separation of powers.

Judicial Perspectives, Key Arguments

On the other side, Solicitor General Prelogar, representing the Biden administration's Department of Justice, critiques Cohen’s legal strategy.

She points out that Cohen mistakenly based his claims on the wrong constitutional amendment, suggesting that issues on free speech should invoke the First Amendment, not the Fourth.

Prelogar also noted that the Supreme Court had previously hesitated to extend damage claims to First Amendment retaliation cases, recommending the denial of Cohen’s petition for a writ of certiorari.

The broader implications of this case resonate beyond the personal legal battles of Michael Cohen. Echoed by Cohen’s legal representation, this matter is portrayed as a significant constitutional concern, suggesting “This case represents the principle that presidents and their subordinates can lock away critics of the executive without consequence.”

Examination Of Constitutional Implications

The accumulation of these legal confrontations draws a complex narrative about the boundaries of executive power, legal accountability, and individual rights under U.S. law.

As the Supreme Court considers whether to take on Cohen's plea, the legal community and the public alike watch closely. This case not only explores individual grievances but also tests the robustness of constitutional protections against potential governmental overreach.

In conclusion, Michael Cohen’s ongoing legal saga encapsulates significant debates over freedom of speech, presidential immunity, and judicial integrity.

As both the former and current administrations unite against his claims, the resulting decisions will likely resonate through legal precedents concerning executive power and individual rights.

The case’s outcome could very well shape how similar cases are approached in the future, making it a pivotal moment in constitutional law.

Written by: Benjamin Clark

NATIONAL NEWS

SEE ALL

Supreme Court Rejects Revival Of Georgian Republican's Lawsuit Against Fox News

A peculiar legal battle between a Republican politician and a major news network reaches its conclusion at the highest court. According to The Hill, the…
20 hours ago
 • By Benjamin Clark

Group Targets Trump's Potential Lawyers with Disbarment Warnings

A political organization takes an unprecedented step to discourage legal professionals from aligning with a former president. Breitbart News reported that Project 65, a left-wing…
21 hours ago
 • By Benjamin Clark

Supreme Court Declines Alabama IVF Clinic's Appeal In Embryo Case

A legal dispute over the status of frozen embryos takes an unexpected turn, potentially reshaping the landscape of reproductive rights. On Monday, the U.S. Supreme…
21 hours ago
 • By Benjamin Clark

Appeals Court Rules Favorably for Public Access to Gallego Divorce Files

A legal battle over the disclosure of a prominent politician's divorce records takes an unexpected turn. The Washington Free Beacon emerged victorious in a court…
21 hours ago
 • By Benjamin Clark

House Chairman Probes Vetting Failure in Afghan Terror Suspect Case

A recent arrest has sparked concerns over the vetting process for Afghan refugees entering the United States. According to Just the News, House Homeland Security…
21 hours ago
 • By Benjamin Clark

DON'T WAIT.

We publish the objective news, period. If you want the facts, then sign up below and join our movement for objective news:

    LATEST NEWS

    Newsletter

    Get news from American Digest in your inbox.

      By submitting this form, you are consenting to receive marketing emails from: American Digest, 3000 S. Hulen Street, Ste 124 #1064, Fort Worth, TX, 76109, US, http://americandigest.com. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact.
      Christian News Alerts is a conservative Christian publication. Share our articles to help spread the word.
      © 2024 - CHRISTIAN NEWS ALERTS - ALL RIGHTS RESERVED
      magnifier