Cohen was sent back to prison, prosecutors said, after he became “antagonistic” during a meeting with probation officials, tried to dictate the terms of his release, and opposed almost all conditions, including electronic surveillance. and the restriction of doing their job. Own grocery store. Prosecutors added that the decision of where to transfer inmates rests with the Bureau of Prisons and is not subject to review by a judge.
A hearing is scheduled for Thursday morning. Cohen’s lawyer had no immediate comment Wednesday.
Cohen has alleged that he was detained after raising objections to a provision of his home confinement that would have prohibited him from interacting with the media, including books. He alleged that he violated his First Amendment rights and was retaliation for the book.
Prosecutors say Cohen’s claim “is not backed by evidence” and that he should not be released from prison. Cohen may, however, continue to work on his manuscript from Otisville Prison, according to the document.
“[T]The home confinement agreement was not devised by anyone in BOP or the executive branch, let alone a high-level official with any reason to avoid publication of the petitioner’s book, “prosecutors wrote in the filing.” Rather, the evidence shows that the settlement was drafted by a probation officer who was unaware that the petitioner was writing a book, based on a recent sample he obtained from a colleague “in another district that was used for inmates. High Profile Probation officers are employees of the court, not the Department of Justice.
The language included on Cohen’s disclosure form that prohibits his engagement with the media matches the language on the sample form provided by the probation officer in another district, but because of two minor grammatical changes, according to the document review. by CNN.
Probation officer Adam Pakula said in a statement filed with the court that he had not previously supervised any defendant under a Federal Location Monitoring Program and relied on the sample e-mailed to a colleague in another district.
“The email stated, in essence, that the officer had received several requests for supervision of high-profile inmates under the LWF Program; that he had developed terms and conditions to include in an LWF agreement for such cases; and that these terms had been approved by their supervisors and the BOP, “Pakula wrote in the presentation.
Pakula said he did not know that Cohen was writing a book when he presented the conditions for his release during a meeting on July 9, according to the document.
During the meeting, “Cohen was combative. Cohen and his lawyer attempted to negotiate the language of almost all the provisions of the agreement, and Cohen stated on at least one occasion that he would not sign the agreement,” Pakula wrote in the presentation.
Cohen stated that he was writing a book “no matter what happens” and told the probation officer to “greet Mr. Barr,” according to Pakula’s presentation.
In addition to the condition preventing Cohen from engaging with the media, prosecutors said Cohen also opposed a condition that would require BOP to pre-approve any employment. Cohen was “asking various hypothetical questions about the jobs he might have, as if he could appear as a political correspondent on television or radio,” prosecutors said.
They said Cohen also opposed terms that would prohibit him from contacting inmates in prison and requiring family members to buy groceries from him. During the meeting, prosecutors said, Cohen’s attorney objected to Cohen wearing an electronic control ankle bracelet saying they were violent criminals.
Pakula said that he and a supervisor contacted a prison official who, after consulting with supervisors, informed them that he would be sent to Cohen.
Jon Gustin, the BOP official in Washington who called for the forwarding of Cohen, said in a statement filed with the court: “In my opinion, Cohen’s behavior and, in particular, his refusal to sign the terms of confinement at home was unacceptable and undermined his suitability for home confinement placement, “said Gustin.
Gustin noted that although Cohen sought to be transferred to home confinement due to the coronavirus pandemic, “he was reportedly seen dining in Manhattan restaurants on more than one occasion, including July 2, 2020.”
A New York Post photographer captured Cohen dining at a restaurant near his apartment with his wife and another partner. Cohen addressed that in his presentation, saying he was contacted by a prison administrator and was told that officials in Washington were “upset” with the story. Cohen says he was told he was not violating his release.
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