Posts tagged with "US district Court"

Judge orders Michael Cohen to be released from prison, returned to home confinement

July 24, 2020

A federal judge on Thursday ordered that President Donald Trump’s former personal attorney and “fixer,  Michael Cohen be returned to home confinement, after the he was sent back to prison earlier this month over a dispute with federal corrections officials, The Hill reports.

Judge Alvin Hellerstein of the U.S. District Court for the Southern District of New York, accused the federal Bureau of Prisons (BOP) of trying to violate Cohen’s First Amendment rights by imposing a gag order as a condition of his home confinement.

“I make the finding that the purpose of transferring Mr. Cohen from furlough and home confinement to jail as retaliatory, and it’s retaliatory because of his desire to exercise his First Amendment rights to publish the book and to discuss anything about the book or anything else he wants on social media” and elsewhere, Hellerstein said during a court hearing on July 23.

Cohen had been writing a book about his time working for Trump and the American Civil Liberties Union (ACLU) filed a lawsuit this week alleging that he was sent back to prison in retaliation for the tell-all. Cohen is serving a three-year sentence for various charges, including fraud and lying to Congress.

“This order is a victory for the First Amendment,” Cohen’s attorney Danya Perry said in a statement after the hearing. “The First Amendment does not allow the government to block Cohen from publishing a book critical of the president as a condition of his release to home confinement. This principle transcends politics. We are gratified that the rule of law prevails.”

Cohen had been released to home confinement in May amid concerns about the coronavirus pandemic’s effects on the prison population, The Hill said..

Earlier this month, Cohen and his attorney met with corrections officials to finalize the terms of the home confinement agreement and objected to a number of the conditions, including a prohibition against speaking with the media or publishing any sort of writing.

According to the report by The Hill, Justice Department officials detained Cohen during the meeting over his objections and sent him back to prison.

The DOJ denied that the gag order was aimed at stopping Cohen from proceeding with his book or that his being returned to prison was retaliation over the planned publication.

During Thursday’s hearing, Hellerstein, who was appointed to the court by former President Clinton, appeared disturbed by the manner in which BOP officials decided to reincarcerate Cohen and the gag order that they tried to impose upon him.

“I’ve never seen such a clause,” Hellerstein said. “In 21 years of being a judge and sentencing people and looking at the conditions of supervised release, I’ve never seen such a clause.”

A spokesman for the U.S. Attorney’s Office for the Southern District of New York, which defended the BOP’s move in court, did not immediately respond when asked for comment.

Research contact: @thehill

Trump tied to Cohen’s guilty plea; Manafort considers next steps

August 23, 2018

“If anyone is looking for a good lawyer, I would strongly suggest that you don’t retain the services of Michael Cohen!” President Donald Trump tweeted early on August 22, following a day in which his former “fixer” surrendered to the FBI in New York City and pleaded guilty to eight violations of banking, tax, and campaign finance laws–implicating the POTUS in the process.

The feeling is mutual: For years, one of Trump’s most trusted confidantes, as well as his personal attorney, Cohen made it abundantly clear in the U.S. District Court for the Southern District of New York that he has flipped and is willing to talk to Special Counsel Robert Mueller and his team about the Russia case—less than a year after he said he “would take a bullet for” the president.

His only loyalty now, he has said, remains with his wife, his children, and the American people.

Specifically, in court, he said that, during the 2016 presidential campaign, Trump [referred to as a candidate for federal office] directed him to make payments to two women who claimed they had affairs with the president in exchange for their silence.

According to his lawyer Lanny Davis—who also represented President Bill Clinton during the Monica Lewinsky scandal—Cohen has information that would be of “significant interest” to Mueller’s team. Davis told MSNBC that the information pertains both to “knowledge of a conspiracy to corrupt American democracy by the Russians and the failure to report that knowledge to the FBI.”

Although Cohen’s recommended sentence for his crimes currently stands at five years, the implication is that—if he is of sufficient use to the Mueller team—that sentence may be reduced.

Also on August 21, Trump’s former Campaign Manager Paul Manafort was found guilty by a jury in Alexandria, Virginia, on eight out of 18 tax and bank fraud charges leveled against him by Special Counsel Robert Mueller in a case meant to bring pressure against the defendant to turn on his former boss.

Manafort is due back in court in Washington, D.C., next month for a second trial centered on allegations of lying to the FBI, money laundering and foreign lobbying, according to the Washington Post. Pundits said he “had plenty to think about” on Wednesday night.

Trump has continued to call Manafort’s prosecution “sad” and to insist that his former campaign aide has been swept up in a “witch hunt” instigated by the Democratic Party.

“Paul Manafort’s a good man,” Trump told reporters in West Virginia. The verdict, he said, “doesn’t involve me, but I still feel, you know, it’s a very sad thing that happened.”

On August 22, according to Gallup, Trump’s favorability rating remained stable, at 42%.

Research contact: datainquiry@gallup.com