Michael Cohen’s Wrongful-Imprisonment Lawsuit Against Donald Trump & Bill Barr Rejected By Supreme Court

The U.S. Supreme Court rejected an appeal from lawyer Michael Cohen, who accused former President Donald Trump of retaliating against him for promoting a tell-all book. The justices declined to hear the case, keeping the decisions made by the lower courts regarding Cohen’s lawsuit in place. 

In 2021, Cohen made public comments about a tell-all book. He declined to sign an agreement with the Justice Department, which would have prevented him from speaking with the media, and was taken into custody. 

Cohen to sue Trump, former Attorney General Bill Barr, and other federal officials.

A U.S. District Court dismissed Cohen’s lawsuit for damages, and the New York-based 2nd U.S. Circuit Court of Appeals upheld that decision in January. The Trump administration and President Joe Biden‘s administration urged the Supreme Court to reject his appeal. 

The Justice Department said Cohen’s claim was outside the court’s role, and he made “no meaningful effort to show that the legal issues raised by this case recur in other cases.” 

The Supreme Court has made it extremely tricky for Americans to sue federal law enforcement. In a 1971 decision, Biven v. Six Unknown Named Agents, the court said that citizens could sue federal agents if their rights were violated in a limited number of circumstances.

Cohen pled guilty to nine counts in 2016 and served a three-year prison sentence. He was temporarily released in 2020 during the pandemic. Cohen later met with probation officials who presented him with an agreement prohibiting him from interacting with media and using social media. Cohen wanted to change the terms of the agreement but was transported back to prison for 16 days after he refused to sign. A federal court then ordered his release.