“Michael Cohen’s Failed Quest to Sue Donald Trump: Court Rejects Appeal

A federal appeals court denied former President Donald Trump’s former personal lawyer, Michael Cohen, his attempt to revive the defamation lawsuit against Trump. The District of Columbia Circuit Appeals Court ruled on Tuesday in a 2-1 decision that revived the $35 million suit against Trump was not permissible. The majority opinion was written by Senior Circuit Judge Sri Srinivasan—the first Asian American judge appointed to the court—seated on the court since 2014. The suit was brought by Cohen against Trump in April 2018, claiming the former president had defamed him in comments he made regarding Cohen’s role in a hush-money payment to Stormy Daniels—an adult film actress— during the 2016 presidential campaign. Specifically, Trump called the payment “a fraud and a total lie” and also claimed Cohen made it “for the purposes of influence.” U.S. District Judge Trevor McFadden dismissed the suit in August 2018, citing Trump’s First Amendment rights. Cohen appealed the decision and the court ultimately overturned it in December 2019, in a single-vote decision, stating that McFadden should not have considered the merits of the case when in the dismissal process. Subsequently, Trump appealed the court’s ruling. On Tuesday, the appeals court ruling was a rare agreement between judges appointed by a Republican president and by a Democratic president, stating that the District court “correctly determined” that the claims made by Cohen lacked “plausibility.” In their ruling, the court noted that the comments made by Trump about Cohen did not urge third parties to take action or even suggest that Cohen was guilty, nor were their defamatory in character. The ruling ends all current arguments in the case and, as a result, the lawsuit is effectively derailed. The decision also adds to the broader legal and political downfall of Cohen, who plead guilty to a myriad of charges in 2018—including tax fraud, lying to Congress, and campaign finance violations—and after being sentenced to three years in prison was later pardoned by the former president. A federal appeals court denied former President Donald Trump’s former personal lawyer, Michael Cohen, his attempt to revive the defamation lawsuit against Trump. The District of Columbia Circuit Appeals Court ruled on Tuesday in a 2-1 decision that revived the $35 million suit against Trump was not permissible. The majority opinion was written by Senior Circuit Judge Sri Srinivasan—the first Asian American judge appointed to the court—seated on the court since 2014. The suit was brought by Cohen against Trump in April 2018, claiming the former president had defamed him in comments he made regarding Cohen’s role in a hush-money payment to Stormy Daniels—an adult film actress— during the 2016 presidential campaign. Specifically, Trump called the payment “a fraud and a total lie” and also claimed Cohen made it “for the purposes of influence.” U.S. District Judge Trevor McFadden dismissed the suit in August 2018, citing Trump’s First Amendment rights. Cohen appealed the decision and the court ultimately overturned it in December 2019, in a single-vote decision, stating that McFadden should not have considered the merits of the case when in the dismissal process. Subsequently, Trump appealed the court’s ruling. On Tuesday, the appeals court ruling was a rare agreement between judges appointed by a Republican president and by a Democratic president, stating that the District court “correctly determined” that the claims made by Cohen lacked “plausibility.” In their ruling, the court noted that the comments made by Trump about Cohen did not urge third parties to take action or even suggest that Cohen was guilty, nor were their defamatory in character. The ruling ends all current arguments in the case and, as a result, the lawsuit is effectively derailed. The decision also adds to the broader legal and political downfall of Cohen, who plead guilty to a myriad of charges in 2018—including tax fraud, lying to Congress, and campaign finance violations—and after being sentenced to three years in prison was later pardoned by the former president.