Gilbert Statement on Cohen v. Trump

January 02, 2024

Gilbert Of Counsel Jon-Michael Dougherty stated, “While we are of course disappointed in the Second Circuit’s ruling, our consistent expectation has been that this novel issue involving the appropriate remedy against a rogue President who seeks to use the prisons to silence his personal critics would need to be addressed by the United States Supreme Court.  In America, an adequate remedy against this sort of abuse of power must deter future misconduct by federal officials.  This is the purpose of a Bivens remedy, as recognized by the District Court in its opinion, by the judges of the Second Circuit during oral argument, and by the Supreme Court in its recent Bivens decisions.  We look forward to taking the fight for Americans’ right to speak freely about their government without fear of imprisonment to the highest court in the land.”