| Michael
Cohen Lawsuit For Remand to Otisville
Fends off Trump Argument to Dismiss in
SDNY
By Matthew
Russell Lee, Patreon Maxwell
Book
BBC -
Honduras
- CIA
Trial Book - NY
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SDNY COURTHOUSE,
August 2 – Former President
Donald Trump, through his
lawyer Alina Habba, and
Federal defendants argued on
August 2 to dismiss Michael
Cohen's Federal Tort Claims
Act and Bivens complaints.
Inner City Press
was there and live tweeted it,
here:
Defense: Cohen
was in custody pursuant to
statute. He claims home
confinement is different.
Judge Liman: He's
citing the Bail Reform Act.
What about abuse of process?
Defense: There
was no abuse. BOP sent him to
FCI Otisville.
Judge: He's
saying Mr Trump retaliated
Defense: On emotional
distress, Cohen is not even
claiming intent or negligence.
Under the FTCA, his complaint
should be dismissed.
Judge Liman: He
says the prison was 100
degrees. Defense: It's within
BOP's discretion. Judge:
That's not Judge Laval's
analysis
Judge Liman: What
if it was 120 or 130 degrees?
Defense: The CFR gives
discretion. It involves
judgment. Judge: I'm trying to
figure how your logic wouldn't
knock out all FTCA cases. Are
prisoners the only ones not
protected? Inner City Press
@innercitypress · 1h 2d
defense lawyer: There is no
Bivens relief for alleged 1st
Amendment violations.
Judge
Liman: He's alleging that the
then-President squashed
opposition. We folks in black
robes need to review that.
Defense: There are alternate
remedial structures. This is
for damages.
Defense: He
could have filed a grievance
with BOP.
Judge Liman: Mr
Cohen is saying he spent 16
days in solitary confinement
for his political speech.
We're talking about the
President of the US. Defense:
You are bound by the Supreme
Court. Judge: I get it.
Trump's
lawyer Alina Habba: This is
barrred by Presidential
immunity.
Judge Liman:
Could a US President just
kidnap someone, via a valet,
like in other countries?
Habba: No. We
have press in the room: we
deny these claims. Judge:
You've spoken to the press.
Speak to me.
Habba: Mr Cohen
committed crimes.
Judge Liman: So
he can do this to any
prisoner?
Habba: These are
just hypotheticals. Judge:
They tease out rules and the
limits of arguments.
Habba: Presidents
bomb people. They can't be
worrying about being sued. My
client has absolute immunity.
Thank you. Judge Liman: Does
the defense want to address
the Coulhurst case? Defense:
That's about lazy action.
Cohen's lawyer
Andrew Laufer: Judge
Hellerstein found the remand
was retaliatory, abuse.
Judge Liman: So
would a warden cracking down
on critics. But no Bivens
action is allowed. How would I
limit this? Laufer: On home
confinement my client could
have a cocktail.
[Ironically, amid
Michael Cohen's argument about
arrest by US Marshals, two US
Marshals enter courtroom,
whisper to deputy. No, they
are not here to remand Cohen.
They leave... ]
Cohen's
lawyer Laufer: These were
Gulag-like conditions at
Otisville.
Judge
Liman: Mr Laufer,I think your
client passed you a note. [But
apparently not]
Defense rebuttal:
He was on furlough, not home
confinement. Habba: Donald
Trump was not in
Hellerstein's decision.
Laufer: It
was home confinement, with
conditions. Judge: Under
advisement. Adjourned.
The case is Cohen
v. United States of America,
et al., 21-cv-10774
(Liman).
***
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