Michael Cohen Loses Bid To Revive His Retaliation Suit Against Former Boss Trump: ‘Rogue President’

Former aide to former President Donald Trump, Michael Cohen attempted to resurrect his lawsuit against Trump, but a federal appeals court denied his request.

Cohen, a staunch ally of Trump at one point, claimed in the lawsuit that Trump had retaliated against him for marketing a tell-all book that was unflattering in its assessment of the former president. After allegedly being sent back to prison for criticizing Trump, Cohen, the former attorney, and fixer for the president, filed a lawsuit against Trump, former Attorney General Bill Barr, and other Justice Department officials, alleging that they had violated Cohen's constitutional rights in a retaliatory move, CNN reported.

Cohen was denied relief for his claims by a lower court judge who ruled against him, citing a Supreme Court precedent. The 2nd US Circuit Court of Appeals concurred on January 2. Cohen, Trump's former attorney and self-described "fixer," returned to a New York courtroom last year to serve as the star witness in the former president's $250 million civil fraud trial, per ABC News.

Cohen, who was once a close Trump confidant, was part of Trump's inner circle for ten years until he got involved in his legal issues, which led to jail time and Cohen's disbarment. During that period, Cohen flipped sides and started to intensely criticize Trump outspokenly, revealing insider details from their years-long close association. It was his 2019 congressional testimony—which asserted that Trump had exaggerated his net worth—that prompted New York Attorney General Letitia James to launch her probe into the fraud case.

Trump's lawyer Alina Habba was pleased with the January 2 appeals court ruling, describing Cohen's lawsuit as "frivolous." She said outside the courtroom, “We are very pleased with today’s ruling. Mr. Cohen’s lawsuit was doomed from its inception. We will continue to fight against any frivolous suits aimed at our client.”

In a hearing held last month, Habba contended that Cohen hasn't offered any proof that Trump had a direct hand in the decision to send Cohen back to prison, despite Cohen's assertions to the contrary. “The complaint itself does not have facts that Trump did it. It’s a Michael Cohen assumption,” she said.

Jon Dougherty, Cohen's attorney, contended that Cohen's action was necessary to hold Trump and previous presidents responsible. “A remedy of damages provides necessary deterrence so presidents cannot use prisons as a threat against their critics,” Dougherty told the court, adding, “We are that most unusual circumstance.”

Cohen is currently planning to approach the Supreme Court and appeal this decision. “The outcome is wrong if democracy is to prevail,” Cohen said. “A writ of habeas corpus cannot be the only consequence to stop a rogue president from weaponizing the Department of Justice from locking up his/her critics in prison because they refuse to waive their First Amendment right. We will be filing a writ of certiorari to the Supreme Court.”