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Supreme Court refuses to take up Michael Cohen’s Trump retaliation appeal

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Supreme Court refuses to take up Michael Cohen’s Trump retaliation appeal

The Supreme Court has refused to take up Michael Cohen’s appeal seeking civil damages for alleged government retaliation during Donald Trump’s administration.

The high court’s denial, which comes as Trump has vowed a revenge-filled second term, is unsurprising for reasons having nothing to do with Cohen and the former president. That’s because the court has long restricted the sort of claim that Cohen sought to bring.

In a 1971 case called Bivens, the high court allowed a damages claim against federal officials for alleged Fourth Amendment violations. But the court has taken a stingy view since then, routinely rejecting so-called Bivens claims. In a 2022 decision, Justice Clarence Thomas’ majority opinion cited Bivens while noting: “Over the past 42 years, however, we have declined 11 times to imply a similar cause of action for other alleged constitutional violations.” Thomas wrote that the court will deny claims “in all but the most unusual circumstances.”

Cohen argued that his case met those circumstances, but not enough justices agreed. It takes four justices to grant review. The court denied the petition without comment from any of the justices.

The high court was unmoved, despite Cohen’s claim stemming from what a federal judge found was clear government retaliation. The dispute is related to when Cohen served time for Trump-related crimes and started writing a book that would be unfavorable to the then-president. He was released during the Covid pandemic, but when he didn’t immediately agree to waive his free speech rights, he was sent back to prison. He was released after a federal judge said that the government’s action had been “retaliatory in response to Cohen desiring to exercise his First Amendment rights to publish a book critical of the President and to discuss the book on social media.”

In separate opposition motions, both Trump and the federal government (representing former Attorney General Bill Barr and others) urged the justices to deny review. Cohen was supported by constitutional scholars and former federal officials, who wrote to the justices that:

The stakes could not be higher. The decision below [denying Cohen relief] sends a clear signal to federal actors that critics of the government can be punished without repercussion for exercising their constitutional rights.

Subscribe to the Deadline: Legal Newsletter for expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in Donald Trump’s legal cases.

Jordan Rubin

Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.

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Politics

Jack Smith plans to double down on the need for his Trump investigations

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Jack Smith plans to double down on the need for his Trump investigations

Republicans and Democrats are hoping for a blockbuster hearing from the former special counsel, who is testifying publicly for the first time about his efforts to charge the president…
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Former Trail Blazer Chris Dudley to run again for governor of Oregon

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Former Portland Trail Blazer center Chris Dudley has launched a second attempt to run for governor of Oregon as a Republican, a long-shot bid in a blue state even as the incumbent has struggled in polls.

Dudley, who played six seasons for the Trail Blazers and 16 for the NBA overall, said in an announcement video Monday that he would ease divisiveness and focus on public safety, affordability and education in a state where support for Democratic Gov. Tina Kotek has been low for her entire tenure.

“The empty promises, the name calling, the finger pointing and fear mongering that has solved nothing must stop,” said in his election announcement. “There are real solutions, and I have a plan.”

Dudley is one of the most successful Republicans of the last 25 years in Oregon, coming within 2 points of defeating Democratic Gov. John Kitzhaber in 2010.

“I think it’s imperative that we get somebody from outside of Salem who’s away from the partisan politics, away from the name calling, the finger pointing,” Dudley told The Oregonian. “Who has the expertise and background and the ability to bring people together to solve these issues.”

In his election announcement, Dudley spoke about his love of the state and frustration people have with the current state of politics. He mentioned education, safety and affordability as key issues he plans to address but did not give any key policy specifics.

Dudley is a Yale graduate who worked in finance after leaving the NBA. A diabetic, he also founded a foundation focused on children with Type 1 diabetes.

In the GOP primary, Dudley faces a field that includes state Sen. Christine Drazan, who lost to Kotek by nearly 4 percentage points in 2022.

Other candidates include another state lawmaker, a county commissioner and a conservative influencer who was pardoned by President Donald Trump for his involvement in the Jan. 6, 2021, riot at the U.S. Capitol.

Kotek is a relatively unpopular governor. Her approval rating has consistently remained under 50 percent her entire term in office, according to polling analysis by Morning Consult. She has not announced her campaign but is expected to run for reelection.

Despite expectations that Democrats will do well in the midterms, a number of Oregon Republicans have become more involved in state politics since the last election. Phil Knight, a co-founder of Nike, donated $3 million to an Oregon Republican PAC focused on gaining seats in the state Legislature in October. It was his largest political donation to date, according to the Willamette Week.

Dudley received significant backing from Knight in his 2010 race, but it’s unclear if he will get the same level of support this time around.

Any Republican faces an uphill battle for governor in Oregon, where a GOP candidate has not won since 1982 and where Democrats have a registration edge of about 8 percentage points.

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Politics

Jack Smith plans to double down on the need for his Trump investigations

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on

Republicans and Democrats are hoping for a blockbuster hearing from the former special counsel, who is testifying publicly for the first time about his efforts to charge the president…
Read More

Continue Reading

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