Disclaimer: This article may contain hte viewpoint and opinion of the author.
Disclaimer: This article may contain the viewpoint and opinion of the author.
Michael Cohen, one of President Trump’s former lawyers, was sentenced to three years in prison after pleading guilty to tax fraud, bank fraud, violations of campaign finance laws and lying to Congress.
According to Bloomberg.com, these are crimes he says he carried out in “coordination with and at the direction of defendant Trump.” In May 2020, Cohen was released to home confinement to avoid getting sick in the crowded prison.
He was abruptly returned to prison after he refused to sign an agreement to not write a book or talk to the media. Everyone wants to write a book.
Furthermore, Cohen claims he was placed into solitary confinement with numerous problems within the cell. “My specific cell was possibly the worst of them all missing pieces of glass, bathroom not working, flooding, no ventilation, etc, so I disagree with any argument” that it was legal, he said.
Cohen is also suing prison officials for mis-treatment during his stay behind bars. The Justice Department is also claiming immunity because prison officials are protected when it comes to matters governing “discretionary functions.”
Trump’s lawyer Alina Habba argued Cohen can’t sue the former President because he was in office at the time of the alleged conduct. It would be Presidential Immunity if that were the case.
The Constitution does not directly discuss presidential immunity from criminal or civil lawsuits. Instead, this privilege has developed over time through the Supreme Court’s interpretation.
Presidential immunity only protects the President when he or she takes part in official conduct and business that pertains to the office. Anything that is not considered official conduct opens the Commander-in-Chief to liability.
Official conduct includes activities considered in the “outer perimeter” of those duties according to Constitutional Find Law.com. However, the President is not immune from actions arising from unofficial conduct.
What is determined to be the outer perimeter is the big question. If the action is considered regular conduct, it is considered behavior immune to liability.
A clear cut example of unofficial conduct would be a President who is involved in sexual advances on an aide or assistant or someone related to his on-going official or unofficial conduct.
Former President Clinton would be a prime example of behavior outside of the outer ring. His lawsuits fell out of the realm of official conduit and he could be sued for his actions. President Nixon’s actions would be another example.
Alina Habba has mentioned the idea of bringing suit against Cohen. She says there is enough to go beyond just a simple counter suit at this point.
President Trump will be the subject of additional lawsuits over the next several weeks and months. They will all be designed to ensure he is not re-elected on the Ballot for 2024or if he is, they will look to smear him making the election hard to win.
