Statement of Jon Dougherty, Gilbert LLP, in the Matter of Cohen v. Trump

March 08, 2024

Yesterday, the United States Court of Appeals for the Second Circuit declined to grant en banc review of Michael Cohen’s appeal of the dismissal of his complaint against former President Donald J. Trump, Attorney General William Barr, and other federal officials.  As the Second Circuit rarely grants en banc review, this result, while disappointing, was not unexpected.  In a case where one federal judge has stated Mr. Cohen was incarcerated in “retaliation” for his attempt to speak and write about his experiences with the former President and a second federal judge wrote that the dismissal of Mr. Cohen’s claim did “profound violence” to his constitutional rights, the courts and the public deserve every opportunity to learn about and understand the facts of this largely overlooked and ominous abuse of power.  We look forward to submitting Mr. Cohen’s claim to the United States Supreme Court.