Aug 15, 2024, 6:45 PM
Aug 15, 2024, 6:45 PM

Cohen Appeals to Supreme Court Over Alleged Retaliation by Trump Administration

Highlights
  • Constitutional experts and former federal officials urge the Supreme Court to review Michael Cohen's appeal.
  • Despite being a long shot, experts highlight the importance of Cohen's case.
  • The appeal gains attention as scholars push for Supreme Court intervention.
Story

Michael Cohen, former attorney to Donald Trump, has appealed to the Supreme Court, seeking civil damages for alleged government retaliation during Trump's presidency. This appeal has garnered support from constitutional scholars and former federal officials, who argue that the case raises significant questions about liberty and the rule of law. They filed an amicus brief urging the justices to consider Cohen's claims, which challenge the current legal landscape regarding such grievances. Cohen's case hinges on a legal precedent established in the 1971 Bivens decision, which allowed for damages claims against federal officials for violations of constitutional rights. However, the Supreme Court has since become increasingly reluctant to entertain Bivens claims, complicating Cohen's pursuit of justice. His complaint details an incident where, after serving prison time, he was coerced into signing a non-disclosure agreement that would prevent him from discussing Trump, raising concerns about the infringement of his First Amendment rights. The scholars supporting Cohen emphasize the potential implications of a ruling against him, suggesting it would embolden federal officials to retaliate against critics without fear of consequences. They argue that such a decision would undermine constitutional protections for individuals exercising their rights. With the requirement of four justices to grant a review, the odds appear stacked against Cohen, particularly given the political dynamics that may influence the court's decision-making process. Ultimately, Cohen's case underscores the critical need for legal remedies to address government retaliation against dissenters, highlighting the ongoing tension between federal authority and individual rights in the current political climate.

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