By Matthew Russell Lee, Patreon Maxwell Book
BBC - Honduras - CIA Trial Book - NY Mag
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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