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Michael Cohen loses fight to revive retaliation claim against Trump

Former President Trump's former lawyer Michael Cohen on Tuesday lost an appeal seeking to reinstate claims that Trump used his executive powers to retaliate against Cohen by jailing him for promoting his book.

Cohen, who was often referred to as Trump's “fixer,” pleaded guilty to campaign finance violations, tax evasion and lying to Congress. During his incarceration, he began writing a tell-all book detailing his experiences with the former president.

The former Trump lawyer was released in May 2020 amid the impact of the coronavirus disease (COVID-19) pandemic on prison populations. He was later returned to prison over a dispute over whether he could discuss his planned book with the media while under house arrest.

Cohen said he suffered physical ailments, including headaches, shortness of breath and anxiety, as he spent most of the day in a small cell at a federal prison where temperatures exceeded 100 degrees. Reuters reported.

A federal judge said in July 2020 that Cohen should be returned to home confinement. The ACLU filed a lawsuit alleging that Cohen was sent back to prison in retaliation for the book.

Cohen's book “Disloyal: A Memoir'' hit number one on Amazon's bestseller list upon its release.

Mr. Cohen tried to revive his retaliation claim against Mr. Trump, but the second suit was dismissed by a ruling by U.S. District Judge Louis J. Lehman, a lawyer appointed by Mr. Trump.

Lehman first rejected Cohen's argument that his 16 days in solitary confinement violated the Constitution by impairing free speech rights. According to Reuters, he claimed that he was subject to illegal seizure and cruel and unusual punishment as a result.

In his latest firing, Mr. Lehman reiterated that Mr. Cohen does not have a valid claim on behalf of federal authorities that federal employees violated the Constitution.

In a brief, Mr. Cohen told Mr. Lehman to reverse the court's dismissal and urge that “in the absence of a remedy, such serious harm has been done to the rights of the people and the rule of law of the nation.'' He asked them to recognize that “this is not the case.”

The former president's legal team praised the decision Tuesday.

“We are very pleased with today's ruling. Mr. Cohen's case was doomed from the beginning. We will continue to fight against any frivolous lawsuits aimed at our client,” Trump said. lawyer Alina Haba said in a statement.

Copyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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