Supreme Court Turns Away Michael Cohen Lawsuit Against Trump

The Supreme Court has declined to hear Michael Cohen’s appeal to revive his retaliation lawsuit against former President Donald Trump.

At a Glance

The Supreme Court has rejected Michael Cohen’s bid to sue Trump for alleged retaliation.
Cohen’s lawsuit claimed he was sent back to prison over a tell-all book.
A lower court ruling dismissing Cohen’s lawsuit remains intact.
The decision is based on a 2022 Supreme Court ruling limiting citizens’ ability to sue federal officials.
Both Trump’s lawyers and the Biden administration urged the rejection of Cohen’s appeal.

Supreme Court Declines Cohen’s Appeal

The Supreme Court has rejected Michael Cohen’s attempt to revive a lawsuit against former President Donald Trump, dealing a significant blow to the former Trump lawyer’s legal efforts. Cohen, once a close confidant of Trump, sought to sue the former president for alleged retaliation, claiming he was sent back to prison over his plans to publish a tell-all book.

This decision leaves intact a lower court ruling that dismissed Cohen’s lawsuit. The dismissal was based on a 2022 Supreme Court decision that limited citizens’ ability to seek damages from federal officials for constitutional violations. The high court’s rejection effectively closes another chapter in the ongoing legal saga between Cohen and his former employer.

The Supreme Court rejected an appeal Monday from Michael Cohen, who wanted to hold his former boss and ex-president Donald Trump liable for a jailing he said was retaliation for writing a tell-all memoir. https://t.co/NrDsLiv3H7

— PBS News (@NewsHour) October 21, 2024

From Ally to Adversary

Cohen’s relationship with Trump took a dramatic turn in 2018 when he pleaded guilty to felonies and implicated the former president in a “hush money” scheme. This pivotal moment transformed Cohen from a loyal legal adviser to one of Trump’s most vocal critics. Following his guilty plea, Cohen was sentenced to 36 months in prison.

“Michael Cohen has exhausted every avenue of his pathetic attempt to drag my client into court time and time again. As expected, the Supreme Court has correctly denied Michael Cohen’s petition and he must finally abandon his frivolous and desperate claims,” Trump’s lawyer Alina Habba said.

During the 2020 health emergency, Cohen was released to home confinement. However, he was later returned to prison after refusing to sign a media restriction form. This move was seen by some as an attempt to prevent Cohen from publishing his book critical of Trump. A federal judge later ordered Cohen’s release, finding his return to custody was retaliatory for his intent to publish the book.

Legal Battle and Its Implications

Following his release, Cohen filed a civil rights lawsuit against Trump and others, claiming violations of his First, Fourth, and Eighth Amendment rights. The lawsuit asserted a Bivens claim, which allows individuals to sue federal officials for constitutional violations. However, the Supreme Court’s 2022 decision limiting such claims led to the dismissal of Cohen’s case by both a federal judge and the U.S. Court of Appeals for the 2nd Circuit.

“The possibility that the federal government has the power to retaliate against critics with imprisonment, without any consequence for or check against the officials engaged in such retaliation, is a chilling prospect,” Cohen’s lawyers wrote.

Cohen’s legal team argued that his case highlights the potential for government retaliation against critics without consequence. Lawyer Jon‑Michael Dougherty expressed concern that the Supreme Court’s decision “signals a dangerous moment in American democracy.” However, both President Biden’s administration and Trump urged the Supreme Court to reject Cohen’s appeal, with the Solicitor General arguing that Congress, not the courts, should determine if officials can be sued for placement decisions.