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Judge sides with Cohen, orders his release

by LARRY NEUMEISTER THE ASSOCIATED PRESS | July 24, 2020 at 4:06 a.m.
FILE- In this May 21, 2020 file photo, Michael Cohen arrives at his Manhattan apartment in New York after being furloughed from prison because of concerns over the coronavirus. Cohen was furloughed from prison along with other prisoners as authorities tried to slow the spread of the coronavirus in federal prisons. He was returned to prison on July 9, 2020 because he refused to sign an agreement over terms of his home confinement, not because he planned to publish a book critical of Trump, prosecutors said Wednesday, July 22, 2020. (AP Photo/John Minchillo, File)

NEW YORK -- A judge on Thursday ordered the release of President Donald Trump's former personal lawyer from prison, saying the government retaliated against him for planning to release a book critical of Trump before November's election.

Michael Cohen's First Amendment rights were violated when he was ordered back to prison on July 9 after probation authorities said he refused to sign a form banning him from publishing the book or communicating publicly in other manners, U.S. District Judge Alvin K. Hellerstein said during a telephone conference.

Hellerstein ordered Michael Cohen released from prison to home confinement by 2 p.m. today.

"How can I take any other inference than that it's retaliatory?" Hellerstein asked prosecutors, who insisted in court papers and again Thursday that Probation Department officers did not know about the book when they wrote a provision of home confinement that severely restricted Cohen's public communications.

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"I've never seen such a clause in 21 years of being a judge and sentencing people and looking at terms of supervised release," the judge said. "Why would the Bureau of Prisons ask for something like this ... unless there was a retaliatory purpose?"

In ruling, Hellerstein said he made the "finding that the purpose of transferring Mr. Cohen from furlough and home confinement to jail is retaliatory." He added: "And it's retaliatory for his desire to exercise his First Amendment rights to publish the book."

Cohen, 53, sued federal prison officials and Attorney General William Barr on Monday, saying he was ordered back to prison because he was writing a book: "Disloyal: The True Story of Michael Cohen, Former Personal Attorney to President Donald J. Trump."

The Bureau of Prisons issued a defense of its intentions after the ruling Thursday, stating any assertion that the reimprisonment of Cohen "was a retaliatory action is patently false."

It said the terms of his home confinement were determined by the U.S. probation office, which is run by the courts, rather than the bureau.

"During this process, Mr. Cohen refused to agree to the terms of the program, specifically electronic monitoring. In addition, he was argumentative, was attempting to dictate the conditions of his monitoring, including conditions relating to self-employment, access to media, use of social media and other accountability measures," the statement said.

The Bureau of Prisons also said it was not uncommon for it to place restrictions on inmates' contact with the media. Still, it said Cohen's refusal to agree to those conditions or his intent to publish a book played "no role whatsoever" in his return to prison.

He said he worked openly on his manuscript until May at Otisville's prison library and discussed his book with prison officials. He said he was told in April that a lawyer for the Trump Organization, where he worked for a decade, was claiming he was barred from publishing his book by a nondisclosure agreement. Cohen disputes that.

Cohen has been in isolation at an Otisville, N.Y., prison camp, quarantined while prison authorities ensure he does not have the coronavirus.

Prosecutors declined through a spokesperson to comment on Hellerstein's ruling.

Cohen was initially released in May along with other prisoners as authorities tried to slow the spread of the covid-19 in federal prisons.

He was one year into a three-year prison sentence after pleading guilty to campaign finance charges and lying to Congress, among other crimes.

Information for this article was contributed by Michael Balsamo of The Washington Post.

 In this March 6, 2019 file photo, Michael Cohen, President Donald Trump's former lawyer, returns to testify on Capitol Hill in Washington. (AP Photo/J. Scott Applewhite, File)
In this March 6, 2019 file photo, Michael Cohen, President Donald Trump's former lawyer, returns to testify on Capitol Hill in Washington. (AP Photo/J. Scott Applewhite, File)
FILE- In this Dec. 12, 2018 file photo, President Donald Trump's former lawyer, Michael Cohen, leaves federal court in New York after being sentenced to three years in prison. Cohen was furloughed from prison in May 2020 as authorities tried to slow the spread of the coronavirus in federal prisons, but was returned to prison because he refused to sign an agreement over terms of his home confinement, not because he planned to publish a book critical of Trump, prosecutors said Wednesday, July 22, 2020. (AP Photo/Craig Ruttle, File)
FILE- In this Dec. 12, 2018 file photo, President Donald Trump's former lawyer, Michael Cohen, leaves federal court in New York after being sentenced to three years in prison. Cohen was furloughed from prison in May 2020 as authorities tried to slow the spread of the coronavirus in federal prisons, but was returned to prison because he refused to sign an agreement over terms of his home confinement, not because he planned to publish a book critical of Trump, prosecutors said Wednesday, July 22, 2020. (AP Photo/Craig Ruttle, File)
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