The Second Circuit Court of Appeals dealt a significant blow to Michael Cohen on Tuesday, denying his bid to revive claims that former President Donald Trump misused his presidential powers to re-incarcerate the former attorney in a retaliatory move aimed at stopping him from promoting his tell-all book. Following a prior ruling by the district court, the decision effectively puts an end to Cohen’s lawsuit seeking damages against Trump and other officials involved in his re-imprisonment.
The appellate court’s decision centered on Cohen’s efforts to secure damages under the Bivens doctrine, a legal precedent established in 1971 that allows for damages against federal officials who violate constitutional rights. Cohen’s lawsuit, filed in 2021, alleged that his return to prison was a direct attempt by Trump and others to silence him amid the release of his book, which promised damaging revelations about Trump’s conduct both before and during his presidency.
However, the three-judge panel of the Second Circuit determined that Cohen’s claims did not fall within the established scope of Bivens. The court said that Cohen’s case presented a “new context” with different categories of defendants, including a former President and federal probation officers, making it unsuitable for an extension