Judge orders Michael Cohen to be released from prison

Summary: Michael Cohen, Donald Trump's former personal lawyer who had plead guilty to campaign finance charges, lying to congress, and was serving his three year sentence when he sued the federal prison officials. Cohen had been on supervised release, was taken back to prison after he refused to sign a form forbidding the publishing of his book or otherwise communicating with the public. He alleged that this jailing is a direct retaliation to the criticism of the Trump administration within the book. The Bureau of Prisons issued a statement defending itself claiming Cohen was jailed because he did not agree to electronic monitoring, but denied knowledge of the specific terms. US District Judge Alvin K. Harrison sided with Cohen ordering his release.

“I’ve never seen such a clause in 21 years of being a judge and sentencing people and looking at terms of supervised release,” the judge said. “Why would the Bureau of Prisons ask for something like this ... unless there was a retaliatory purpose?”

Recent Developments: Supreme Court won’t revive Michael Cohen’s lawsuit against Trump claiming retaliatory imprisonment

Following this legal victory, Michael Cohen went back to court to seek damages from Trump, then Attorney General William Barr, as well as prison officials. It was rejected by both the lower courts, as well as in appeal to the Supreme Court. The courts ruled that the situation was rectified by freeing him from prison and no damages were owed.

Conclusions: This precedent of prisoners not receiving damages will likely be under more scrutiny as time goes on. Cohen wasn't the most sympathetic figure, but it's likely the administration will try this with others. I'm not a lawyer and won't speculate when this will or will not apply.