Donald Trump's former "fixer" is asking the Supreme Court to resurrect his First Amendment lawsuit against his old boss after a federal appeals court smacked down his attempt to seek compensation over retributive jailing.
Michael Cohen told news outlets Wednesday in a statement that, "No president should ever be permitted to weaponize the Department of Justice through a willing and complicit attorney general, to have a citizen unconstitutionally remanded to prison, in my case, solitary confinement, because that person refuses to waive that First Amendment constitutional right."
He called Trump and his administration "un-American," and said he believes his case is "ripe" for the Supreme Court to hear.
Cohen's filing with the court asks the nation's highest court — which includes three Trump-appointed justices — to take a second look at an appeals court's rejection of his request to hold former President Trump, former Attorney General Bill Barr, and other Justice Department officials accountable for sending him back to jail over his refusal to refrain from writing a book critical of Trump.
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“This is a case of first impression," Cohen said. "No president should ever be permitted to weaponize the Department of Justice through a willing and complicit attorney general to have a citizen unconstitutionally remanded to prison (solitary confinement) because they refused to waive their First Amendment right. It’s a case ripe for the SCOTUS.”
Cohen's request comes after the Supreme Court infamously laid down its presidential immunity ruling, which held that presidents have "absolute" immunity from criminal prosecution for "official acts" in office.
Cohen is asking the justices to apply the Bivens precedent, though such claims are "virtually impossible" to obtain due to recent Supreme Court decisions, according to NBC News.
Cohen has said, according to The Independent he doesn't "believe that anyone could justify this blatant, unconstitutional act" as being one that could be granted immunity under the recent immunity ruling.
The filing comes after Cohen gave a stark warning Tuesday to Americans growing nervous about warning of revenge in a second term: it's no joke.
"When Donald Trump turns around and says that he's going to use SEAL Team Six as his own private force to incarcerate his political opponents, and the comment that people make is, 'You know Donald, he just talks stupid s---. He's not going to do anything,' the point of the unconstitutional remand of me is don't discount what he's telling you," said Cohen.
"He's already foreshadowing what he intends to do. And when you say, 'That's not possible. He won't do it. He can't do it.' He's already done it to me. It was a practice run."
