Fogbow

raison de arizona wrote: ↑Wed Dec 13, 2023 12:14 pm Oh my. What, did he think they wouldn't check?

raison de arizona wrote: ↑Wed Dec 13, 2023 12:14 pm Oh my. What, did he think they wouldn't check?

Trump lawyer Alina Habba humiliated in appeals court during Michael Cohen hearing
Sarah K. Burris December 14, 2023 5:55PM ET

Former Donald Trump lawyer Michael Cohen was back in court on Thursday for his ongoing case U.S. vs. Cohen, in which the ex-fixer argues that his case against former Attorney General Bill Barr, and the Trump government should be able to move forward.

Among the issues cited is that Cohen was told by the Bureau of Prisons that he could only be allowed out on home confinement if he agreed not to speak to the press or write anything about Trump. He refused, and was promptly thrown back into prison and isolated in solitary confinement. When he took the case to court, a judge found that it was against his First Amendment rights and he was released in the middle of the pandemic.



Those speaking before the Court were Cohen's lawyers, the Justice Department, and Trump's lawyer Alina Habba. The arguments took less than 30 minutes, ten minutes for each side. But it was significantly less, possibly because Habba's presentation was so short.

While the Justice Department prosecutors experienced tough questions from the appeals panel, it was Habba who sent one judge to simply hold his head in his hands.

"What would deter a president from engaging in behavior like this if we don't use Bibbins?" asked one of the female judges, indistinguishable on audio.

"That's not a part of this," said Habba, citing Nixon v. Fitzgerald, a case in which a civilian analyst with the United States Air Force was fired after testifying before a congressional committee that there were inefficiencies and cost overruns.

"So, you're basically conceding there's no deterrence available? There's nothing to deter?" the judge cut in.

Habba claimed she thinks the "deterrence" was that Cohen was able to be released in spite of Trump's actions when he sought an injunction from a judge. [!!!]

"What is deterring behavior like this again?" the judge asked.

Habba claimed that the ruling by the judge in Cohen's case is what deters it in the future. She said that the biggest prevention is "separation of powers."

"Ok, so," the judge cut in again, "the allegation, and again, we are at this point where we need to take the allegations, was that someone pulled strings to retaliate against someone related to a personal vendetta. How does that fall within a president's official capacity as an office holder?"

"In this case, he has absolutely no facts," said Habba. "It's a Michael Cohen assumption."



"So, you're saying it's too conclusory for us to credit?" the judge stepped in again.

"Absolutely," Habba agreed.

The judge then asked Habba if she was familiar with Blassingame v. Trump.

"Not off the top of my head, your honor," said Habba.

The case in question was decided last week and found that Trump doesn't have absolute immunity in civil cases. It's the case of the Capitol police who were injured on Jan. 6. They have argued Trump is responsible for actions he took as a candidate and not in his official capacity as president, which was agreed to by the appeals court.

Habba, who has worked as Trump's lawyer for more than a year, said she wasn't aware of the case.

Habba said that if the decision isn't from the Supreme Court then it takes a second seat to Bibbins.

The judge interrupted and explained that Bibbins is an official act case and the one she questioned Habba about was about presidential immunity.

Habba said that in Cohen's filing the case says that the individuals he is targeting acted in their official capacity. Cohen is arguing that Trump used his power of the presidency to target and silence as a perceived foe.

"He admits that the president is working within his job as the president of the United States and his complaint fails under absolute immunity," said Habba. "So, frankly it fails on two levels."

Habba continued to speak using her prepared remarks. She talked for a little less than a minute before the judge stepped in.

"I think, I thank you for your time if my colleagues don't have any questions," the judge said.

RTH10260 wrote: ↑Fri Dec 15, 2023 2:18 am a lawyer that does not know what is happening in concurrent court cases against their client

Michael Cohen @MichaelCohen212 wrote: Rudy ‘Colludy Drunkin’ Giuliani was just ordered to pay Ruby Freeman and Shaye Moss $148 million for defamation. I warned this moron that everyone who gets close to Donald, suffers. Rest assured, the next line from Donald’s mouth will be…Rudy who? #TeamCohen

Michael Cohen used fake cases created by AI in bid to end his probation

Michael Cohen, a former fixer and lawyer for former president Donald Trump, said in a new court filing that he unknowingly gave his attorney bogus case citations after using artificial intelligence to create them as part of a legal bid to end his probation on tax evasion and campaign finance violation charges.

According to the filing, which was unsealed Friday, Cohen said he used Google Bard, an AI chatbot, to generate case citations that his lawyer could use to assist in making the case to shorten his supervised release. He pleaded guilty to the crimes in 2018 and had served time in prison.

Cohen said he gave those citations to one of his attorneys, David M. Schwartz, who then used them in a motion filed with a U.S. federal judge on Cohen’s behalf, the filing said.

Cohen’s admission comes after U.S. District Judge Jesse Furman of the Southern District of New York said in a Dec. 12 order that he could not find any of the three cases cited by Schwartz and asked for a “thorough explanation” of how these cases came to be included and “what role, if any” Cohen may have played in the motion before it was filed.

In the filing, Cohen wrote that he had not kept up with “emerging trends (and related risks) in legal technology and did not realize that Google Bard was a generative text service that, like ChatGPT, could show citations and descriptions that looked real but actually were not.” To him, he said, Google Bard seemed to be a “supercharged search engine.”

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Appeals court says Michael Cohen can’t hold Trump liable for retaliatory imprisonment

Politics
Jan 2, 2024 3:39 PM EST

NEW YORK (AP) — Michael Cohen can’t hold his former boss, ex-president Donald Trump, liable for allegedly jailing him in retaliation for writing a tell-all memoir, an appeals court said Tuesday.

The 2nd U.S. Circuit Court of Appeals in Manhattan said in an order that it would not revive a lawsuit that a lower-court judge had tossed out because the law did not seem to provide a damages remedy for most claims that someone was jailed in retaliation for their criticisms of a president.

A three-judge panel concluded Cohen already obtained relief by getting a judge to order his release from imprisonment to home confinement several weeks after he was abruptly put behind bars when the government claimed he violated severe restrictions on his public communications. It said the law did not provide an outlet for more relief than that.



https://www.pbs.org/newshour/politics/a ... prisonment