Justice Department Denies Michael Cohen Was Jailed Over Planned Book

(Bloomberg) -- The U.S. Justice Department strongly rejected a claim that President Donald Trump’s former lawyer and fixer, Michael Cohen, was thrown back in prison in retaliation for his plan to publish a book critical of his ex-boss just before the election.

Cohen, who is serving three years for crimes tied in part to his work for Trump, sued the U.S. on Monday alleging that his release to home confinement due to the coronavirus pandemic was withdrawn by the U.S. Bureau of Prisons after he revealed he’s writing a book about his experiences working for Trump.

But the Justice Department responded on Wednesday that Cohen was ordered taken back into custody because he refused to agree to electronic monitoring and other restrictions as part of the planned home confinement -- not because of the book.

“The home confinement agreement was not devised by anyone at BOP or in the executive branch -- let alone a high-level official with any motive to prevent the release of Petitioner’s book,” the government said in its filing in federal court in Manhattan. “Rather, the evidence shows that the agreement was drafted by a probation officer who had no knowledge that Petitioner was writing a book.”

Cohen, who sued with help from the American Civil Liberties Union, accused Attorney General William Barr and Bureau of Prisons Director Michael Carvajal of using a false justification to lock him up and violating his First Amendment right to free speech.

The Justice Department said Cohen “is free to work on his book while incarcerated.” The lawyer said in his suit that he fears additional retaliation if he does so.

According to the government’s filing, Cohen was “antagonistic” during his July 9 meeting with the Bureau of Prisons and complained about other restrictions such as a prohibition on grocery shopping. He said he would be writing a book “no matter what happens” and told a prison official to “say hello” to Barr, the Justice Department said, characterizing Cohen’s behavior as “intransigence.”

The ACLU didn’t immediately respond to a request for comment.

U.S. District Judge Alvin K. Hellerstein in Manhattan scheduled oral arguments for July 23 on Cohen’s emergency petition for release to home confinement. Cohen argues he will win the case on First Amendment grounds and shouldn’t have his health put at risk in the mean time.

The Bureau of Prisons said in a separate filing that Cohen is in quarantine to protect the inmate population from the coronavirus, and that he will be tested for the disease on July 24 and released into the general population if he is negative. Cohen complained in his suit that he’s locked in solitary confinement as retaliation for his planned book.

Though Cohen was initially released due to his risk of contracting coronavirus, the Justice Department minimized that in its filing Wednesday.

”Other than a vague reference to his medical condition, Petitioner has provided no evidence supporting his allegation that he is likely to suffer irreparable harm as a result of the Covid-19 pandemic if he remains incarcerated,” the government said.

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