In an unusual political alignment, former President Donald Trump and the current Biden administration are both opposing Michael Cohen’s efforts to bring his case before the U.S. Supreme Court.

Cohen, Trump’s former attorney, is seeking damages, alleging that his imprisonment in 2020 was retaliatory due to his outspoken criticism of Trump, but the Department of Justice (DOJ), under President Biden, has joined Trump’s legal team in arguing that Cohen’s case does not merit review by the nation’s highest court, as the Washington Examiner reports.

Michael Cohen was originally sentenced to three years in prison after pleading guilty to a range of charges, including tax evasion and campaign finance violations.

In 2020, Cohen was briefly released to home confinement as part of broader COVID-19 policies aimed at reducing the spread of the virus in federal prisons. However, Cohen claims that his freedom came with unconstitutional strings attached.

Cohen’s Imprisonment and Retaliation Claims

As part of his release conditions, Cohen says the Trump administration imposed unusually strict speech restrictions, which he alleges were designed to prevent him from publicly criticizing the former president. At the time, Cohen was preparing to publish his tell-all book, Disloyal: The True Story of Michael Cohen, Former Personal Attorney to President Donald J. Trump. The book is critical of Trump’s actions during and after his presidency.

When Cohen challenged these conditions, refusing to comply with what he described as unconstitutional restrictions on his freedom of speech, he was sent back to prison. For approximately two weeks in July 2020, Cohen was placed in solitary confinement. According to Cohen’s legal team, the conditions were harsh, including poor ventilation, no air conditioning, and a broken window.

Court Sides with Cohen, But No Damages Awarded

Cohen's imprisonment in solitary confinement drew widespread attention, and he soon filed an emergency application for release. A federal judge sided with Cohen, agreeing that his re-incarceration was retaliatory. The judge ordered Cohen’s release from solitary confinement, concluding that his imprisonment appeared to be linked to his refusal to comply with the Trump administration’s demands.

Despite this ruling, Cohen’s efforts to obtain monetary compensation have so far been unsuccessful. Lower courts have consistently dismissed Cohen’s claims for damages, citing legal precedents that limit the ability to seek damages against a sitting or former president for actions taken while in office.

Trump’s Legal Team Cites Presidential Immunity

Alina Habba, one of Trump’s attorneys, has argued that the lawsuit should not be allowed to proceed, referencing a Supreme Court ruling on presidential immunity. Habba contends that allowing damages claims against a president for actions taken in their official capacity would create significant separation-of-powers issues. The argument centers on the principle that a president’s actions, even if later deemed wrongful, are protected from such lawsuits to preserve the independence of the executive branch.

This stance has found support from the Biden administration, with Solicitor General Elizabeth Prelogar also opposing Cohen’s Supreme Court petition. Prelogar has pointed out that Cohen’s claims would be more appropriately considered under the First Amendment, not the Fourth Amendment, which addresses unreasonable search and seizure.

Biden’s DOJ Echoes Trump’s Argument

Prelogar further argued that the U.S. Supreme Court has already made clear that damages claims for First Amendment retaliation are not allowed. Therefore, Cohen’s case would not be a suitable candidate for review by the Court. This alignment between the Biden DOJ and Trump’s legal team is particularly notable, given the often adversarial relationship between the two political figures.

Cohen’s attorney, however, maintains that the case highlights a dangerous precedent. According to Cohen’s legal team, this case demonstrates how presidents and their administrations could silence critics through incarceration without facing any repercussions. They argue that Cohen’s return to prison was directly linked to his willingness to speak out against Trump, and that allowing the lower courts' decisions to stand would leave future critics of the executive branch vulnerable.

Health Complications from Solitary Confinement

During Cohen's time in solitary confinement, his attorney noted that the conditions severely affected his health. Cohen reportedly spent nearly 24 hours a day isolated in a cell with substandard living conditions. His blood pressure spiked to dangerous levels, causing severe headaches, shortness of breath, and anxiety.

While the courts ruled in favor of Cohen’s release from solitary confinement, his legal team continues to seek compensation for the physical and emotional toll he endured. Despite their efforts, the Trump and Biden teams remain aligned in arguing that the case does not meet the legal criteria necessary for damages.

Cohen's Attorney Emphasizes Presidential Overreach

Cohen’s legal team insists that the case is about more than just one man’s experience. They argue that it represents a broader question about the extent of presidential power, particularly the ability to imprison political critics without consequence. Cohen's attorney emphasized the risk of unchecked authority, stating that the case could set a precedent allowing presidents to retaliate against their opponents with impunity.

However, both the lower courts and the DOJ have countered that the constitutional protections Cohen seeks cannot be applied in this context. The arguments made by both Trump’s and Biden’s legal teams suggest that granting Cohen’s request for damages could disrupt the balance of powers in the federal government.

Conclusion

In a rare moment of political unity, the Biden administration and former President Trump have come together to oppose Michael Cohen’s bid for Supreme Court review of his damages claim.

Cohen’s lawsuit, stemming from his 2020 imprisonment, alleges retaliatory actions by Trump’s DOJ after Cohen spoke out against the former president.

Though Cohen has been released from confinement, his fight for compensation faces significant legal obstacles, with both Trump’s and Biden’s legal teams arguing that the courts should not allow his case to proceed.