Judge orders Michael Cohen released, saying return to prison was retaliatory
Reporting cited here
- documented
Federal officers returned Cohen to prison after a meeting over home-confinement conditions that included a broad ban on publishing, media contact, and social media. Officials said he refused the conditions and was combative; Cohen said he sought to negotiate language affecting his forthcoming Trump book. A court later tested those competing explanations and found the reincarceration retaliatory.
July 9 sequence and parties' competing accounts reviewed at habeas hearingProbation officials return Cohen to prison during home-confinement negotiations · Remand ruled retaliatory two weeks later
- ruled unlawful
Judge Alvin Hellerstein found the purpose of Cohen's remand was retaliatory and that enforcing a condition barring publication of a Trump-critical book violated the First Amendment. He ordered Cohen released to home confinement. The government denied retaliation and said release officials acted because Cohen rejected conditions; the court nevertheless made an adjudicated constitutional ruling.
Ruling, government response, and custody consequenceFederal judge rules Cohen's return to prison was retaliation for his Trump book · Remand ruled unlawful; Cohen released to home confinement