BREAKING: Judge Orders Michael Cohen Back to Home Confinement, Citing Government’s Attempts to Suppress His Book
Breaking now:
Judge: Cohen must be released by 2pm tomorrow.
Judge: I make the finding that the purpose of transferring Mr. Cohen to jail was retaliatory because of his desire to exercise his First Amendment rights to publish his book.
Sit back and think about that. Frightening this happened
— Ryan Goodman (@rgoodlaw) July 23, 2020
I’m sure people will post links and further developments in the comments but I wanted to open a thread for you.
UPDATE: Changing the headline because this is correct:
It would be more accurate to say that Cohen is being *transferred* back to home confinement than "released back to home confinement" or, even worse, "released."
He will still serve the remainder of his sentence from home subject to BOP supervision.
— Gabriel Malor (@gabrielmalor) July 23, 2020
Yikes.
DRJ (aede82) — 7/23/2020 @ 9:15 amTop Experts: DOJ’s Bureau of Prison Blocking Michael Cohen Book about Trump Violates First Amendment
…..
I asked some of the country’s leading First Amendment law experts for their views about the agreement Cohen was told to sign. Their comments are published in full below. They are almost uniform in decrying the condition placed on Cohen by the Bureau of Prisons, an agency under William Barr’s Justice Department. I recommend reading their extensive comments in full, but here are some highlights:
…..
RipMurdock (d2a2a8) — 7/23/2020 @ 9:18 amReformatted for easier reading.
not the sharpest fellow, trying to defraud the new york state tax department, of course khuzaimi was focused on that, as berman let him,
narciso (7404b5) — 7/23/2020 @ 9:20 amThis is pure Donald Trump..
KenL (6340ff) — 7/23/2020 @ 9:22 amfun and malpractice
https://www.powerlineblog.com/archives/2020/07/report-patricia-mccloskeys-gun-was-inoperable.php
narciso (7404b5) — 7/23/2020 @ 9:23 amDid he violate the terms of his home confinement? This is an easy Yes/No question.
Let’s see if the Rule of Law folks can answer.
beer ‘n pretzels (883307) — 7/23/2020 @ 9:27 amHas there ever been a more incompetently corrupt bunch of buffoons?
nk (1d9030) — 7/23/2020 @ 9:27 amI’ve never thought that Cohen was all that sharp.
Time123 (653992) — 7/23/2020 @ 9:27 amDid he violate the terms of his home confinement? This is an easy Yes/No question.
No.
nk (1d9030) — 7/23/2020 @ 9:27 amDraft Republican virus aid proposal reflects significant retreat by White House on tax cuts, testing and school
Trump gets rolled again-by Republicans.
RipMurdock (d2a2a8) — 7/23/2020 @ 9:28 amWHERE’S MY ROY COHN?
nk (1d9030) — 7/23/2020 @ 9:29 amspeaking of omissions,
https://dailycaller.com/2020/07/23/new-york-times-chinese-propaganda-tom-cotton-yi-rao/
narciso (7404b5) — 7/23/2020 @ 9:30 am7… see Chicago…
Colonel Haiku (2601c0) — 7/23/2020 @ 9:34 amthe possum senate don’t even support their own voters interests, ‘what are they good for, absolutely nothing, say it again’
narciso (7404b5) — 7/23/2020 @ 9:34 amTwo squirrels in the first 12 comments. Are you angling for a bonus, narciso?
nk (1d9030) — 7/23/2020 @ 9:34 amit’s run for the criminals and slumlords like rezko, coronello, and the politicians that are supported by them, like burke and madigan, oh you mean average working man, no you’re out of luck,
narciso (7404b5) — 7/23/2020 @ 9:37 amhttps://www.americanthinker.com/blog/2020/07/someone_is_trying_to_kill_conservative_crusader_steve_stockman.html
So Cohen gets home confinement, but Stockman gets to rot.
NJRob (eb56c3) — 7/23/2020 @ 9:42 amand judge jackson gives greg craig, obama’s roy cohen, and ukrainian fixer, a clean slate, of course podesta nor weber are not charged, to be bipartisan,
narciso (7404b5) — 7/23/2020 @ 9:46 amCohen will have another chapter for his book.
Chapter 27: How the Trump DOJ imprisoned me to delay publication of this book.
DRJ (aede82) — 7/23/2020 @ 9:46 amBet you it’s prominently on the dust jacket too, DRJ.
nk (1d9030) — 7/23/2020 @ 9:53 amwill david corn, be ghosting it like the annoying niece who failed to fact check,
narciso (7404b5) — 7/23/2020 @ 9:55 am@9: Thank heavens Cohen can resume dining in swanky Manhattan restaurants past curfew time.
But, he’s writing a hit job on Trump so that’s okay.
beer ‘n pretzels (883307) — 7/23/2020 @ 10:02 amThe government claimed Cohen’s resistance to the terms of home confinement was the reason he was sent back to Otisville Federal Correctional Institution:
DRJ (aede82) — 7/23/2020 @ 10:13 amAh hellerstein, he moved to have more qbu ghraib pictures released no mattee how inflammatory they were.
Narciso (7404b5) — 7/23/2020 @ 10:13 amYes, because of the First Amendment.
DRJ (aede82) — 7/23/2020 @ 10:22 amYes, because of the First Amendment
LOL, because prisoners are entitled to nights on the town and zoom calls at will with the media.
Because First Amendment.
beer ‘n pretzels (c63793) — 7/23/2020 @ 10:27 amThat was quick, three and a half years later general flynn still cant get out of this coerced charge based on fraudulent representations
Narciso (7404b5) — 7/23/2020 @ 10:28 ambeer ‘n pretzels (c63793) — 7/23/2020 @ 10:27 am
Are you saying it is wrong to enjoy the the fruits of honest labor?
felipe (023cc9) — 7/23/2020 @ 10:31 amAlso, the enjoyment of life, liberty, and the persuit of $$.
felipe (023cc9) — 7/23/2020 @ 10:36 amWell, with the same evidence that the judge posessed (none) I can confidently say that Dinesh D’Souza was targeted for investigation, and jailed by serendipity, after he made a movie criticizing Obama and Paula Jones was subjected to a taxpayer-compliance audit for suing Clinton.
Kevin M (ab1c11) — 7/23/2020 @ 10:39 amAre you saying it is wrong to enjoy the the fruits of honest labor?
What is the key word in that question?
Kevin M (ab1c11) — 7/23/2020 @ 10:41 amBetween 1931 and 1936, Chester Himes, a black man, serving 20-25 years for armed robbery in Ohio Penitentiary, was publishing short stories in national magazines, including Esquire.
Great writer, BTW. Especially the Coffin Ed and Grave Digger Jones stories.
nk (1d9030) — 7/23/2020 @ 10:41 amIt’s truly sad when judges succumb to naive cynicism.
Kevin M (ab1c11) — 7/23/2020 @ 10:42 amIf they spot Cohen out on the town again, they should arrest him on the spot.
Kevin M (ab1c11) — 7/23/2020 @ 10:44 amOff topic: Hawaiian Airlines keeps sending me ads about special low fares to Hawaii. The ads also carry a notice that a strict 14-day quarantine is imposed on all arrivals into the state.
I wonder why they bother.
Kevin M (ab1c11) — 7/23/2020 @ 10:50 amHoneymooners.
nk (1d9030) — 7/23/2020 @ 10:52 amThe 14-day quarantine is an incentive.
nk (1d9030) — 7/23/2020 @ 10:53 amWhat is the key word in that question?
Kevin M (ab1c11) — 7/23/2020 @ 10:41 am
I know, right? It was meant to be caught.
felipe (023cc9) — 7/23/2020 @ 10:55 amTo be clear, Kevin M, the desired result is the self-identification of a respondent when a certain word is chosen, or “seized upon.”
felipe (023cc9) — 7/23/2020 @ 11:00 amIf the BOP decides that home confinement is appropriate can they then take it away for an illegitimate reason?
Time123 (653992) — 7/23/2020 @ 11:04 amIf the BOP decides that home confinement is appropriate can they then take it away for an illegitimate reason?
Was the night in the town a violation of his home confinement? (And, to pre-empt a BS answer, I don’t care whether it was or wasn’t used as a reason to take it away. That’s irrelevant to the question.)
Do you swallow whole a need for home confinement based on health concerns when you choose to confine yourself at a downtown restaurant?
beer ‘n pretzels (7b79e1) — 7/23/2020 @ 11:30 amTrumpkins! They’ll git up on their hind laigs, all hoity-toity like, and gaslight you right in your face.
nk (1d9030) — 7/23/2020 @ 11:40 amThe government said eating at the restaurant was not a factor in him being jailed. How do you all know it should have been a factor? Maybe he was meeting about his book and the prison supervisor gave him permission. Maybe it was the topic of his meeting that triggered the problem, not the location.
DRJ (aede82) — 7/23/2020 @ 11:40 amI know we don’t read every link but I gave you that information in my comment. I even bolded it.
DRJ (aede82) — 7/23/2020 @ 11:42 amFrom what I understand the answer to that is “Maybe, depending on how close the restaurant in question is to the residence. A sandwich from the corner store being easier to justify then a lengthy sit down on the opposite side of town.” From what I understand this was a sit down restaurant near his apartment, which makes it questionable at best. Not trying to BS, that’s the answer I heard a lawyer (ken white) give on a podcast a couple weeks ago.
I think you mean “Does going to a restaurant make claims about health concerns hypocritical or a pretext?” I think they definitely weaken those claimed concerns. I think staying home>restaurant>Public space with AC>Prison as far as catching COVID goes. I don’t think everyone that’s in prison should be released because of covid. I think the BOP response to this should be consistent regardless of the convicts wealth or relationship to the president. No favoritism, no targeting.
I think if they would have let him stay in home confinement except for the book, then they should let him stay in home confinement.
Time123 (653992) — 7/23/2020 @ 11:44 amThis is what was reported when he was arrested, and it had nothing to do with eating out:
DRJ (aede82) — 7/23/2020 @ 11:47 amI know we don’t read every link but I gave you that information in my comment. I even bolded it.
I read your comment and what you bolded.
As I said in my comment, I don’t care if that wasn’t the reason for taking it away. It’s an entirely legit reason.
Your scenario of having to go to the restaurant to discuss the book is ridiculously laughable.
beer ‘n pretzels (b27f61) — 7/23/2020 @ 11:49 amMaybe so. I won’t bother you again.
DRJ (aede82) — 7/23/2020 @ 11:50 amIn early July after Cohen was taken into custody, Lanny Davis said this about Cohen’s home confinement:
The government could have said home confinement means stay at home but apparently it didn’t, and it acknowledged that in court. What the Trump DOJ wanted was to muzzle Cohen as a high profile defendant.
DRJ (aede82) — 7/23/2020 @ 12:01 pmSee “Michael Cohen Ordered to Be Released From Custody By Federal Judge Over Violation of His First Amendment Rights” at Redstate.com for more details on the Cohen hearing and and related matters.
Stu707 (52fdfe) — 7/23/2020 @ 12:04 pmDRJ, i think the information you’ve provided makes a strong case that the BOP decisions were based on his speech, and not his behavior.
Time123 (653992) — 7/23/2020 @ 12:19 pmStu707,
I ask that commenters here not recommend posts written by people who have been banned by this site.
Patterico (115b1f) — 7/23/2020 @ 12:19 pmWhen he was allowed to be under home confinement, nobody mentioned to him, you can’t talk to the press. Nobody said, you can’t go to a restaurant.
Nobody said, you’re a prisoner.
In less insane times, Lanny Davis would have the reputation of a clown here.
beer ‘n pretzels (c63793) — 7/23/2020 @ 12:20 pmIt is hard to find unbiased sources on this story.
DRJ (aede82) — 7/23/2020 @ 12:22 pmIt’s not easy, actually. I thought it looked bad but I am told by people who know better than I that it was not necessarily a violation. It does not seem to be the reason for the Government’s action.
Patterico (115b1f) — 7/23/2020 @ 12:23 pmTime123,
I think home confinement should mean stay at home. I wish Cohen’s failure to do that were the reason he was taken into custody, and I hope further hearings establish what the facts are. But for now it appears he was sent to prison because he wanted publicity for his book and I don’t know if that can be done in this manner. It is especially suspicious given the way Roger Stone was treated.
DRJ (aede82) — 7/23/2020 @ 12:27 pm@58, I thought the same thing. But apparently ‘home confinement’ doesn’t mean you can never leave your home. I haven’t found a clear explanation of what the rules are but from what I heard on APL this dinner out wasn’t necessarily a violation of the terms. Had the BOP said “We’re sending you back because you went out to eat.” I wouldn’t have thought much of it. But that’s not what they said.
Time123 (306531) — 7/23/2020 @ 12:45 pmThe idea of prisoners going to Chili’s is annoying. It’s worth asking why that would be.
The idea of Trump’s former lawyer talking to the American people about what happened, in the run up to an election, despite a conviction? Yeah that’s what we have a first amendment for.
One problem is that as Trump and his sleazy partners stab eachother in the back, there is no way to know what the truth is. Cohen could accuse Trump of cheating on his SATs and endorsing concentration camps, but why would I believe it?
It’s kinda like the Lincoln Project. Brilliant, power ads, but I know they don’t have my best interests at heart.
Dustin (4237e0) — 7/23/2020 @ 1:19 pm(powerful)
Dustin (4237e0) — 7/23/2020 @ 1:19 pm“Home confinement” should mean just that, no matter who has been sentenced to it. I suspect for any number of others on “home confinement,” it would absolutely mean just that.
Dana (25e0dc) — 7/23/2020 @ 3:02 pmDana, maybe. But can you go to the doctor? Can you go to the grocery store? Can you go to a restaurant? Can you hit a drive through? I need to look up the rules.
Time123 (dfbd2e) — 7/23/2020 @ 3:27 pmthe fernando wood project, snorfle,
narciso (7404b5) — 7/23/2020 @ 3:42 pm#54
Stu707 (52fdfe) — 7/23/2020 @ 3:58 pmSorry, Pat
I think Cohen was released on a continuing federal routine overnight non-transfer furlough pending consideration of his home confinement request. Here are the rules for that kind of furlough. They do not require home confinement on the face of the law, but there may be other applicable requirements. My guess is the other requirements are imposed as an agreed condition of release but that wasn’t ever required. Later, Cohen objected to the publicity-related conditions.
The DOJ/BOP may have planned to continue to handle Cohen’s release as a furlough rather than as a home confinement if the goal was to impose publicity-related limitations. Home confinement did not seem to be the goal if there was no home confinement order, but I can’t be sure whether or not that happened.
DRJ (aede82) — 7/23/2020 @ 4:06 pmThis would also explain a lot of things, including why Cohen eating at a restaurant was not something the government could or would complain about.
DRJ (aede82) — 7/23/2020 @ 4:25 pmMeanwhile, Paul Manafort was released for Covid home confinement:
The article also notes that AG Barr and the BOP are not requiring electronic monitoring in most cases because the “Bureau of Prisons has limited resources to monitor all the inmates sent home.”
DRJ (aede82) — 7/23/2020 @ 4:33 pmIf the BOP decides that home confinement is appropriate can they then take it away for an illegitimate reason?
But they GAVE a legitimate reason. A real legitimate reason. The judge imposed his own SUPPOSITION instead.
Kevin M (ab1c11) — 7/23/2020 @ 9:06 pmI think if they would have let him stay in home confinement except for the book
Where is the “what you think” part of the statute?
Kevin M (ab1c11) — 7/23/2020 @ 9:08 pmhis client was asked by officials at a meeting to sign a document barring him from speaking or engaging with any media as a condition of his continued home confinement.
He is in home confinement SOLELY because of the COvid-19 situation. It is not unreasonable for such a alternative confinement to have the same conditions that would apply if incarcerated. He should be happy he’s not eating bologna sandwiches.
Are different conditions being applied here than with others, similarly situated?
Kevin M (ab1c11) — 7/23/2020 @ 9:14 pmBut they GAVE a legitimate reason.Or maybe not.
Kevin M (ab1c11) — 7/23/2020 @ 9:15 pmIs there a BOP rule that a prisoner, in his cell, cannot write a book and make arrangements to have it published?
nk (1d9030) — 7/23/2020 @ 9:21 pmOh, yeah, and one more thing. It ain’t nobody’s supposition or what anybody thinks. It was a finding of fact by a trier of fact appointed by a President and confirmed by a Senate to put on a black robe and make findings of fact.
nk (1d9030) — 7/23/2020 @ 9:27 pmDRJ @58:
He was coming in to be fitted with an ankle bracelet and make final arrangements because it looks like he was released rather hurriedly.
Once there, they wanted him to sign an agreement that he (or even members of his family!) would not give interviews to the press, or make public statements, I guess, in any way, for the duration of his sentence. He refused arguing that in prison he could give interviews (at least with permission) and there shouldn’t or couldn’t be more restrictions on him than there are in prison. They went away to talk to their superiors.
Then they came back and said they were taking him back to jail. He then said he would sign whatever papers they put in front of him. They said it is too late – it was out of their hands. His lawyers later said he had not refused – he asked questions.
You shouldn’t think that he would necessarily tell the truth – and this is not the issue. If I remember correctly, at an earlier point, Michael Cohen said (unless this was just is lawyer, Lanny Davis) that one day he was in Donald Trump’s office, and Donald Trump got a call from Roger Stone and he put it on speakerphone and Stone said that he had just gotten off the phone with Julian Assaunge and there was going to be another release of hacked mails soon from Wikileaks.
We know that’s not true, not just improbable, because actual copies of some form of email or text exchanges later between Julian Assaunge and Roger Stone make clear he was not in contact at that time because Assaunge asks him not to claim he is contact and that he’s going to have to deny it and Roger Stone says, not that it is true, but that he has defended Assaunge so Assaunge should not contradict him.
Sammy Finkelman (db2a13) — 7/24/2020 @ 10:11 am