“The First Amendment prohibits the Defendant from jailing Mr. Cohen in retaliation for writing a book about the President and for trying to publish that book soon,” Cohen’s attorneys wrote in the court filing.
“The government’s effort to exercise prior restraint on Mr. Cohen’s book is only the latest of the Trump Administration’s efforts to censor speech that is negatively reflected in Trump himself or his Administration,” he said.
CNN has reached out to the Justice Department for comment.
Cohen has been held in solitary confinement at Otisville Federal Prison after he was sent back to prison on July 9 when he opposed a provision in his internment agreement that would have prohibited his use of social media and his commitment. with the media, including books.
The filing is the latest in an unusual series of twists surrounding Cohen’s sentence since he pleaded guilty in 2018 to tax fraud, made false statements to Congress, and made it easy to secretly pay money to two women who allegedly had relationships with Trump. . Cohen is serving a three-year prison sentence.
On July 9, Cohen and his attorney Jeffrey Levine went to federal court in Lower Manhattan to transfer his status from license to home confinement and receive an electronic monitoring device.
During a meeting with probation officers, Cohen received a copy of a Federal Placement Monitoring Agreement form that stated as a condition of release. Cohen is prohibited from posting on social media and engaging with the media, specifically listing “books.”
Cohen objected, and Levine previously told CNN that probation officials said they would consult with supervisors to see if that condition could be eliminated. Cohen’s attorneys contend that he never refused to sign the release form. When officials returned, Cohen was chained by American sheriffs.
A spokesman for the Bureau of Prisons previously said Cohen was detained after he “refused to accept the terms required for the program and placement in home confinement.”
Several defense attorneys and legal experts told CNN that the media-free provision was unusual.
.