Judge rules Cohen target of retaliation for Trump book, orders release from prison

[webfact]

Judge rules Cohen target of retaliation for Trump book, orders release from prison

By Karen Freifeld

 

FILE PHOTO: Michael Cohen, the former lawyer for U.S. President Donald Trump, arrives back at home after being released from prison during the outbreak of the coronavirus disease (COVID-19) in New York City, New York, U.S., May 21, 2020. REUTERS/Brendan McDermid/File Photo

 

New York (Reuters) - U.S. President Donald Trump's former lawyer Michael Cohen was ordered released from prison and will go into home confinement on Friday after a federal judge found he was subjected to retaliation for planning to publish a book about the president ahead of November's election.

 

Cohen, who had been released in May, was sent back to prison on July 9 after questioning a provision in a new series of conditions U.S. probation officers asked him to sign. The provision barred him from publishing the book, engaging with news organizations and posting on social media.

 

U.S District Judge Alvin Hellerstein ordered Cohen released from the federal prison in Otisville, New York, about 70 miles (110 km) northwest of New York City to his son by 2 p.m. EDT (1800 GMT) on Friday.

 

"I make the finding that the purpose of transferring Mr. Cohen from furlough and home confinement to jail is retaliatory and it's retaliatory because of his desire to exercise his First Amendment rights to publish a book," Hellerstein said at Thursday's hearing.

 

Hellerstein said he had never seen such a gag order in his 21 years on the bench.

 

U.S. President Donald Trump's former lawyer Michael Cohen was ordered released from prison and will go into home confinement on Friday after a federal judge found he was subjected to retaliation for planning to publish a book about the president ahead of November's election. Freddie Joyner has more.

 

During the hearing, Assistant U.S. Attorney Allison Rovner said that Cohen and his attorney had also questioned or objected to other provisions in the agreement, including pre-employment approval and electronic monitoring. She also said probation officer Adam Pakula found Cohen "combative."

The judge disagreed.

 

"It seems to me what Mr. Pakula saying is combative is an attorney's effort to negotiate an agreement," Hellerstein said.

 

Cohen's lawyer, Danya Perry, called the order a "victory" for the First Amendment, which guarantees freedom of speech, and said she appreciated the judge's ruling that the government can't block Cohen from publishing a book that is critical of the president as a condition of his release.

 

“This principle transcends politics, and we are gratified that the rule of law prevails,” she said.

 

The Federal Bureau of Prisons did not immediately respond to a request for comment.

 

Hellerstein asked the two sides to negotiate the media provision over the next week so that "it is consistent with the First Amendment but yet serves the purposes of confinement."

 

For the time being, Cohen's lawyer said he would agree to the media gag order so he does not have to wait.

 

Cohen, who once said he would “take a bullet” for Trump, was sentenced in 2018 for directing hush payments to pornographic film star Stormy Daniels and former Playboy model Karen McDougal, who claimed they had affairs with Trump.

 

The president has denied having the encounters and has called Cohen a "rat."

 

On July 2, Cohen tweeted he was close to completing a book and he anticipated publishing it in September. At the time of his release in May, he tweeted that “there is so much I want to say and intend to say. But now is not the right time. Soon.”

 

Even as he turned on Cohen, Trump has repeatedly voiced his support for loyal former allies.

 

A day after Cohen was sent back to prison, Trump commuted longtime friend and adviser Roger Stone's prison sentence for lying under oath to lawmakers investigating Russian interference in the 2016 U.S. election.

 

Cohen served a year of his three-year sentence before being released due to the outbreak of the novel coronavirus in federal prisons.

 

(Reporting by Karen Freifeld; Writing by Tom Hals; Editing by Noeleen Walder and Jonathan Oatis)

 

 

-- © Copyright Reuters 2020-07-24

 

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[Bluespunk]

4 minutes ago, webfact said:

I make the finding that the purpose of transferring Mr. Cohen from furlough and home confinement to jail is retaliatory and it's retaliatory because of his desire to exercise his First Amendment rights to publish a book," Hellerstein said at Thursday's hearing.

Boom. 
 

Gotta love an independent judiciary, helps remind those who may think they are the law that they are not. 

Edited July 23, 2020 by Bluespunk

[Tug]

Uh ho I sense a tantrum coming and donalds going to yell at billey Barr his lap dog ag

[bendejo]

1 hour ago, webfact said:

The president has denied having the encounters and has called Cohen a "rat."

If the things didn't happen then there's nothing to rat (snitch) about.

For a guy who tells so many lies DT should be much better at it by now.

 

 

[thaibeachlovers]

Never mind.

Edited July 23, 2020 by thaibeachlovers

[DoctorG]

I agree with the judge (but I still think Cohen is a sleeze).

[Tippaporn]

2 hours ago, Bluespunk said:

Boom. 
 

Gotta love an independent judiciary, helps remind those who may think they are the law that they are not. 

LOL.  It's called an "independent judiciary" when the verdict favours your political persuasions and a "corrupt judiciary" when the verdict is in opposition to your politics.  Let's be honest.

[galenflagler]

4 minutes ago, Tippaporn said:

LOL.  It's called an "independent judiciary" when the verdict favours your political persuasions and a "corrupt judiciary" when the verdict is in opposition to your politics.  Let's be honest.

Well, now we know how your conclusions are arrived at. Thanks for sharing.

[worgeordie]

2 hours ago, webfact said:

Cohen served a year of his three-year sentence before being released due to the outbreak of the novel coronavirus in federal prisons.

 

So all prisoners were released due to Covid 19...........No, I did not think so.

regards Worgeordie

[bendejo]

Tomorrow's news today:

DT reveals that the judge is radical left.

 

We need Chris Matthews back, he's the one who would ask DT "what is a radical leftist?"

 

 

[Chomper Higgot]

49 minutes ago, worgeordie said:

So all prisoners were released due to Covid 19...........No, I did not think so.

regards Worgeordie

Manafort was.

[TopDeadSenter]

50 minutes ago, worgeordie said:

So all prisoners were released due to Covid 19...........No, I did not think so.

regards Worgeordie

Maybe not all, but...

 

"Prison officials have announced California will release up to 8,000 people from state prisons to curb the spread of Covid-19 throughout the institutions."

https://www.theguardian.com/us-news/2020/jul/10/california-coronavirus-prisons-release

 

[TopDeadSenter]

1 minute ago, Chomper Higgot said:

Manafort was.

and "serious contender" Mike Avenatti

[Chomper Higgot]

The judge has, not unsurprisingly, agreed that Cohen’s re-imprisonment was an attempt to stop him publishing his book that is critical of Donald Trump, I’m sure hard evidence of the post release ‘agreement’ Cohen was being conferred I to signing was pivotal in the judge’s ruling.

 

The problem Trump and his lackey Bill Barr now have is Cohen is going to seek damages.

 

They may try to settle out of court to avoid getting into ‘Disclosure’, but down the line there is something else coming Trump and Barr’s way.

 

The judges ruling underscores a criminal abuse of power.

 

Stay tunes, this will be back with a vengeance.

 

[cmarshall]

1 hour ago, DoctorG said:

I agree with the judge (but I still think Cohen is a sleeze).

Cohen is certainly a sleaze, but I do want to read his book on the Sleaze-in-Chief.

[Chomper Higgot]

6 minutes ago, TopDeadSenter said:

and "serious contender" Mike Avenatti

Who is released to avoid Covid-19 is a side issue.

 

The judge has agreed with Cohen that his re-imprisonment was an abuse of power.

 

AKA a crime.

[Tug]

2 minutes ago, Chomper Higgot said:

Who is released to avoid Covid-19 is a side issue.

 

The judge has agreed with Cohen that his re-imprisonment was an abuse of power.

 

AKA a crime.

It’s heartening to know that trump and Barr haven’t completely corrupted our judicial system mr trump you reap what you sow that’s why people write so much nasty stuff about you 

[Emdog]

16 minutes ago, Chomper Higgot said:

The judge has, not unsurprisingly, agreed that Cohen’s re-imprisonment was an attempt to stop him publishing his book that is critical of Donald Trump, I’m sure hard evidence of the post release ‘agreement’ Cohen was being conferred I to signing was pivotal in the judge’s ruling.

 

The problem Trump and his lackey Bill Barr now have is Cohen is going to seek damages.

 

They may try to settle out of court to avoid getting into ‘Disclosure’, but down the line there is something else coming Trump and Barr’s way.

 

The judges ruling underscores a criminal abuse of power.

 

Stay tunes, this will be back with a vengeance.

 

And guess where money for settlement will come from? It won't be Trump or Barr... Taxpayers

Settlements can include non monetary elements, like exposure of details of decision to violate Cohen's civil rights

[Chomper Higgot]

1 minute ago, Emdog said:

And guess where money for settlement will come from? It won't be Trump or Barr... Taxpayers

Settlements can include non monetary elements, like exposure of details of decision to violate Cohen's civil rights

Well yes, the Taxpayer will foot the bill, along with the costs associated with every other criminal abuse of power this excuse for a President is up to his neck in.

 

The taxpayers need to understand this and vote him out of office.

 

 

[Paul Henry]

Looks like Trump has to load the lower courts with his hand picked judges.Just can't trust judges to do what they are paid for bad luck Donald, some people are still honest,above and against corruption. Donald will want to hand pick the judges in his numerous trials after January.

[Tippaporn]

2 hours ago, galenflagler said:

Well, now we know how your conclusions are arrived at. Thanks for sharing.

Just pointing out obvious human nature.  Has nothing to do with how I draw my conclusions.

 

Edited July 24, 2020 by Tippaporn

[Tippaporn]

26 minutes ago, Paul Henry said:

Looks like Trump has to load the lower courts with his hand picked judges.Just can't trust judges to do what they are paid for bad luck Donald, some people are still honest,above and against corruption. Donald will want to hand pick the judges in his numerous trials after January.

Here's a perfect example of what I'm talking about.  Any judge chosen by Trump is always considered "hand picked" as if Trump was deliberately selecting "corrupt" judges.  Any judge ruling against any Trump related issue is considered "honest, above and against corruption."  I would bet a dollar to a donut that Paul Henry doesn't know diddley squat about this judge; who he is, past rulings, political persuasion or anything of his personal biases which play into any of his verdicts.  But he's damn sure he's a judge who is "honest, above and against corruption."  Who are we trying to kid here?  LOL

[ThailandRyan]

3 hours ago, bendejo said:

If the things didn't happen then there's nothing to rat (snitch) about.

For a guy who tells so many lies DT should be much better at it by now.

 

 

 The problem is he can't remember which lies hes told

[cmarshall]

50 minutes ago, Chomper Higgot said:

The taxpayers need to understand this and vote him out of office.

 

About that "vote him out of office," in his book "Will He Go: Trump and the Looming Election Meltdown in 2020" the author Lawrence Douglas considers several scenarios by which Trump can do lasting damage to democracy in the US.  Here is at least one way that he could steal the election outright.

 

It is quite possible, indeed probable, that in some states the tally available on Nov. 3 will show Trump the winner only to be flipped days later when the mail-in ballots are counted.  This already happened to Republican Martha McSally who was running for Senator in AZ in 2018.  The day of the election she was up by 15,000 votes, but ultimately lost to the Democrat by 55,000 votes.  Trump accused the Democrats of electoral fraud.  So, if or more likely, when this happens to the votes for president he will scream fraud.  This effect, called the "blue wave" could well happen in any of the swing states where the legislature is controlled by Republicans while the governor is a Democrat.  In these states the result could be that the governor and the legislature each send the votes of competing slates of electors to the joint session of the Congress on Jan. 6.  The Senate and the House must both certify the electoral vote count of a state for it to be included in the total.  If it also happens, that the Republicans retain control of the Senate and the Democrats of the House, and each house votes along partisan lines, then there is no way to resolve the impasse of which electors to recognize.  If the result of being unable to count the electoral votes from some states prevents either candidate from getting the necessary 270 EVs to win then the House meets separately on the spot to elect the president with each state getting one vote.  Since there are more Republican states than Democrat states, Trump would win.

 

If that scenario sounds implausible that is how Republican Rutherford B. Hayes stole the election from popular vote winner Samual Tilden in 1876.

 

There are lots of ways this strategy could fail, but not because the Constitution prevents it.

[tlandtday]

5 hours ago, Bluespunk said:

Boom. 
 

Gotta love an independent judiciary, helps remind those who may think they are the law that they are not. 

Independent my <deleted>.  It shows they are playing a game together.  Cohen is a sleazeball lawyer who committed serious crimes and regardless of Trump deserves to be locked up.

[Chomper Higgot]

4 minutes ago, cmarshall said:

About that "vote him out of office," in his book "Will He Go: Trump and the Looming Election Meltdown in 2020" the author Lawrence Douglas considers several scenarios by which Trump can do lasting damage to democracy in the US.  Here is at least one way that he could steal the election outright.

 

It is quite possible, indeed probable, that in some states the tally available on Nov. 3 will show Trump the winner only to be flipped days later when the mail-in ballots are counted.  This already happened to Republican Martha McSally who was running for Senator in AZ in 2018.  The day of the election she was up by 15,000 votes, but ultimately lost to the Democrat by 55,000 votes.  Trump accused the Democrats of electoral fraud.  So, if or more likely, when this happens to the votes for president he will scream fraud.  This effect, called the "blue wave" could well happen in any of the swing states where the legislature is controlled by Republicans while the governor is a Democrat.  In these states the result could be that the governor and the legislature each send the votes of competing slates of electors to the joint session of the Congress on Jan. 6.  The Senate and the House must both certify the electoral vote count of a state for it to be included in the total.  If it also happens, that the Republicans retain control of the Senate and the Democrats of the House, and each house votes along partisan lines, then there is no way to resolve the impasse of which electors to recognize.  If the result of being unable to count the electoral votes from some states prevents either candidate from getting the necessary 270 EVs to win then the House meets separately on the spot to elect the president with each state getting one vote.  Since there are more Republican states than Democrat states, Trump would win.

 

If that scenario sounds implausible that is how Republican Rutherford B. Hayes stole the election from popular vote winner Samual Tilden in 1876.

 

There are lots of ways this strategy could fail, but not because the Constitution prevents it.

I’m sure the book is a god read, but Trump has to get to the election first.

 

Mitch McConnell has given him until

Labor Day (September 7) to turn the polls around or he, Trump, is ‘on his own’.

 

Cohen’s book, which Trump’s administration has now been shown to have illegally tried to suppress, is also going to be a rather good read and will arrive just in time for the final run up to the election.

 

I can’t think of any better sales pitch than ‘The author was sent to prison to prevent you the public from reading this book’.

 

Pure marketing genius.

 

And all this winning, I don’t know if I can take any more ... but I’ll try.

 

 

 

 

[Eric Loh]

Can't wait for Cohen's book to come out before the election. Not looking good for Trump's election with continuing revelation of his crime filled life after Bolton and Mary Trump's best selling books that attracted millions of interests. 

[Chomper Higgot]

1 minute ago, tlandtday said:

Independent my <deleted>.  It shows they are playing a game together.  Cohen is a sleazeball lawyer who committed serious crimes and regardless of Trump deserves to be locked up.

He might deserve to be locked up, but not for writing a book he doesn’t.

[Berkshire]

6 minutes ago, tlandtday said:

Independent my <deleted>.  It shows they are playing a game together.  Cohen is a sleazeball lawyer who committed serious crimes and regardless of Trump deserves to be locked up.

Only a sleazeball client would hire a sleazeball lawyer.  So yes, Trump is a sleazeball.

[Tie Dye Samurai]

30 minutes ago, Tippaporn said:

Here's a perfect example of what I'm talking about.  Any judge chosen by Trump is always considered "hand picked" as if Trump was deliberately selecting "corrupt" judges.  Any judge ruling against any Trump related issue is considered "honest, above and against corruption."  I would bet a dollar to a donut that Paul Henry doesn't know diddley squat about this judge; who he is, past rulings, political persuasion or anything of his personal biases which play into any of his verdicts.  But he's damn sure he's a judge who is "honest, above and against corruption."  Who are we trying to kid here?  LOL

I would be interested to know what Tippaporn thinks the proper outcome of the decision should have been...did this judge render the correct decision?