Michael Cohen Wins Case Against AG Barr As Judge Rules His First Amendment Rights Were Violated!
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On Thursday, Michael Cohen won his case. A judge ordered his release from prison no later than Friday at 2pm. The judge ruled in his favor stating that the U.S. government has retaliated against him for planning to release his tell-all about Donald Trump.
Last Monday, Cohen’s attorneys and the ACLU filed lawsuits against Attorney General Bill Barr and others for violating Cohen’s First Amendment right to free speech.
Obviously, Trump and Barr are worried about what Trump’s former personal attorney will reveal in his new book which is why Barr is desperate to silence Cohen.
The petition stated about Cohen, “He is being held in retaliation for his protected speech, including drafting a book manuscript that is critical of the President—and recently making public his intention to publish that book soon, shortly before the upcoming election.”
Attorneys for Cohen wrote, “The First Amendment forbids Respondent from imprisoning Mr. Cohen in retaliation for drafting a book about the President and for seeking to publish that book soon.”
The @ACLU Tweeted, “BREAKING: We're suing the federal government for imprisoning Michael Cohen in retaliation for his plans to publish a book critical of Trump. We will defend the First Amendment from government censorship — as we have for a century now.”
What Happened?
In May, as Covid outbreaks increased through Otisville Prison, Michael Cohen was released on “Furlough Status.” Since March, the Justice Department and the Bureau of Prisons released thousands of nonviolent prisoners early so they wouldn’t contract the coronavirus.
Cohen was ten months into serving a three-year prison sentence for lying to Congress, campaign finance violations and tax evasion. He was considered a nonviolent offender.
Reportedly, Cohen was living a peaceful life at home with his wife and children.
Cohen was photographed having dinner at a restaurant near his home which he did not believe violated his agreement. This reportedly occurred weeks before he reported to the lower Manhattan courthouse to negotiate the terms of his transition.
Barr and Trump Violate Cohen’s Rights?
On July 9th, Cohen reported to the lower Manhattan courthouse to meet with his attorney and two probation officers so he could negotiate the terms of his transition to home confinement.
Cohen and his attorney, Jeffrey Levine, were handed a form which contained the standard language such as “don’t associate with felons”—with one unusual exception.
There was a clause that sought to ban Cohen from posting on social media and prohibited him from engaging with the media — the clause specifically listed books.
The clause stated, "No engagement of any kind with the media, including print, TV, film, books, or other form of media/news. Prohibition from all social media platforms, no posting on social media."
The purpose of this clause was listed as: "The purpose is to avoid glamorizing or bringing publicity to your status as a sentenced inmate serving a custodial term in the community.”
It’s an unusual clause. Moreover, attorneys for hundreds of other inmates who were released early from prison due to coronavirus stated that the paperwork for their clients' home confinement did NOT include this media clause.
Lying To Cohen
Cohen was promptly returned to prison. Authorities claimed he was sent back to prison because he refused the conditions of his home confinement. They stated that he refused to wear an ankle monitor.
However, Cohen’s lawyer disputes this. He stated that Cohen never refused to wear an ankle monitor. According to his attorney, the only thing Cohen refused to do was to sign that shady agreement stating he would not speak to the media and not publish his tell-all book about Trump.
Trump and Barr Caught Trying To Shut Down Cohen’s Book?
This appears to be the case:
Cohen has a book deal and his book is reportedly going to claim numerous and specific allegations against Trump.
On April 30 a letter was sent to Cohen by the Trump Organization in an effort to block the release of this book.
Cohen recently retweeted the news that Mary Trump had won her case filed by the Trump family in an effort to stop her from publishing her book.
Cohen added that he had a book that was “close to completion” and would drop in late September of this year.
Fun Fact: Besides trying to block the release of Mary Trump’s book, Trump also attempted to block the release of John Bolton’s book.
Cohen has a First Amendment right to free speech and his book will be published whether he is in prison or not.
Clearly, Trump and Barr are terrified about what Americans will learn from Cohen’s tell-all book.
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