The Supreme Court on Monday rejected an appeal from former Trump attorney Michael Cohen, who sued the former president and his former attorney general on claims of retaliating against him.
Mr. Cohen had asked the justices to review his 2021 lawsuit that lower courts had dismissed.
The suit claimed the Trump administration retaliated against Mr. Cohen by keeping him behind bars after he refused to sign an agreement not to criticize Donald Trump in order to receive early release from prison. Mr. Cohen was sentenced in 2018 to three years in federal prison after being convicted of tax evasion and campaign finance violations.
Mr. Cohen sued Mr. Trump, former Attorney General William P. Barr and the former federal director of prisons, saying the decision to keep him in prison was a retaliation for his tell-all memoir and violated his constitutional rights.
The Biden Justice Department — now handling the case on behalf of the former attorney general — had asked the justices not to hear the dispute.
Mr. Trump’s attorneys also had asked the court in a filing not to take up the case, saying the former president is immune from the claim since the actions taken against Mr. Cohen were within the realm of his presidential duties, as Mr. Cohen was under the control of the Bureau of Prisons.
“There is no judicially recognizable remedy for the alleged constitutional deprivations [Mr. Cohen] claims to have suffered,” Mr. Trump’s attorney said in the filing.
Mr. Cohen had referred to himself as “the fixer” for Mr. Trump before he won the 2016 election. He later turned against Mr. Trump and has written books and aired podcasts complaining about the former president.
He also testified against Mr. Trump in his Manhattan hush money trial in which the former president was convicted of falsifying business records in connection to payments made to porn actress Stormy Daniels, who alleged having an affair with Mr. Trump nearly two decades ago.
Mr. Trump has denied the claim.
Mr. Trump, the Republican presidential nominee, is set to be sentenced in the Manhattan case next month after the election.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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