GOT A TIP?

Search
Close this search box.
Home High profile 'Perverse': A federal judge strongly rejects Michael Cohen’s effort to end supervised release early, and uses Trump civil fraud trial testimony against him

'Perverse': A federal judge strongly rejects Michael Cohen’s effort to end supervised release early, and uses Trump civil fraud trial testimony against him

Michael Cohen returns to the courtroom after a break in proceedings at New York Supreme Court, Wednesday, Oct. 25, 2023, in New York. Cohen is back on the witness stand to testify against his ex-boss Donald Trump in a New York civil trial over allegations the former president chronically exaggerated the value of his real estate holdings on financial documents. (AP Photo/Seth Wenig)

A judge turned down Michael Cohen’s bid to end supervised release early, calling it “perverse” of the defense to try and “spin” an admitted lie into a positive.

Share Article:

Facebook
Twitter
LinkedIn
Reddit
Michael Cohen returns to the courtroom after a break in proceedings at New York Supreme Court, Wednesday, Oct. 25, 2023, in New York. Cohen is back on the witness stand to testify against his ex-boss Donald Trump in a New York civil trial over allegations the former president chronically exaggerated the value of his real estate holdings on financial documents. (AP Photo/Seth Wenig)
Michael Cohen

Michael Cohen goes back to the courtroom after a break in proceedings on Oct. 25, 2023, during Donald Trump’s New York civil trial. (AP Photo/Seth Wenig)

On Wednesday, a federal judge declined Michael Cohen’s request to end his supervised release early, commenting that it was “perverse” of the defense to try and “spin” an admission that he lied under oath as a reason for relief from the rest of his sentence.

U.S. District Judge Jesse Furman, recognizing that Donald Trump’s former fixer has repeatedly sought to terminate his supervised release, was not at all convinced by the “main argument” of Cohen’s latest request. While Cohen referenced his October 2023 testimony in Trump’s New York trial, where he admitted to lying under oath to his sentencing judge, Furman agreed with the government that the testimony only supported denying the request. civil fraud “Specifically, Cohen repeatedly and clearly testified at the state court trial that he was not guilty of tax evasion and that he had lied under oath to Judge Pauley when he pleaded guilty to those crimes,” Furman said, before quoting a sampling of Cohen’s admissions.

The judge then stated it was “perverse” of Cohen’s lawyer David Schwartz to use the Trump trial testimony “as evidence of Cohen’s ‘commitment to upholding the law.'”

“It gives rise to two possibilities: one, Cohen committed perjury when he pleaded guilty before Judge Pauley or, two, Cohen committed perjury in his October 2023 testimony. Either way, it is perverse to cite the testimony, as Schwartz did, as evidence of Cohen’s ‘commitment to upholding the law.’ And either way, it would undermine, rather than serve, the purposes of sentencing incorporated by reference in Section 3583(e), including deterrence, rehabilitation, or proportionality, to terminate Cohen’s supervised release before its natural expiration in November of this year,” Furman concluded. “At a minimum, Cohen’s ongoing and escalating efforts to walk away from his prior acceptance of responsibility for his crimes are manifest evidence of the ongoing need for specific deterrence.”

Though this would not be the last time the judge sharply criticized Schwartz, he also wrote that Cohen’s defense attorney E. Danya Perry attempted to “turn a sow’s ear into a silk purse” by arguing her client was merely griping about prosecutorial abuse in his testimony.

“Cohen’s testimony was not, as Perry contends, a ‘clumsy’ or ‘poorly worded’ attempt to argue that, while he committed the crimes to which he pleaded guilty, the Government abused its prosecutorial discretion in charging those crimes. To the contrary,” Furman said, “he unambiguously testified that he ‘didn’t’ commit tax evasion and that he ‘lied’ to Judge Pauley when he said that he had.”

The judge refused to allow Cohen to “shorten his sentence” based on that, as the testimony did not show the “exceptional level of remorse and a commitment to upholding the law” required.

Trump's attorneys have repeatedly criticized Cohen’s reliability

as a witness in the Manhattan DA’s hush-money prosecution, but efforts to prevent his testimony on those grounds have not succeeded so far. Furman’s opinion and order may provide additional support for their argument. The most recent unsuccessful attempt regarding supervised release was already tainted by a Google Bard fiasco

, where the defense referenced three cases to support their arguments — cases that only existed in the Chat GPT-esque artificial mind that generated them as Michael Cohen researched case law. Furman described the entire incident as “embarrassing” and “unfortunate” but did not find it deserving of sanctions, although he did place blame on attorney Schwartz for including fake citations in a motion that was “certainly negligent” and “perhaps even grossly negligent.”The Court could not find evidence of bad faith, considering Perry’s comments on the initial draft (as conveyed by Cohen), Schwartz understandably believed that the cases had come from her. While Schwartz admits it was his responsibility to review the citations before submitting them to the Court, he explained that he trusted the accuracy of the cases due to Perry's reputation and never considered them nonexistent.

In response, attorney Perry referred to the ruling as a “

“While Judge Furman's decision was an important victory for Michael, we disagree with one aspect of the decision regarding Mr. Cohen’s previous testimony. This characterization, although not a judicial ruling, is both factually incorrect and legally wrong,” Perry said. “Judge Furman did not witness the lengthy trial before Judge Engoron, who strongly affirmed that ‘Michael Cohen told the truth.'”

Perry reiterated the defense's position that Cohen’s testimony only revealed that he pleaded guilty under “extreme pressure” from prosecutors.win.”

“And Judge Furman overlooks the fact that Mr. Cohen has never contested the underlying facts of his actions, a point also noted by many of Judge Furman’s colleagues on the bench: that defendants often feel coerced into agreeing to plea deals under severe pressure,” she continued. “That is exactly what happened to Mr. Cohen.”

Read the ruling

A judge rejected Michael Cohen’s attempt to terminate supervised release early, labeling it “perverse” of the defense to try to turn an admitted lie into a positive.

Read the ruling here.

0 0 votes
Article Rating
Subscribe
Notify of
guest
0 Comments
Inline Feedbacks
View all comments

Criminal Time is a media organization, we provide regular reports, crime bulletins, crime scene photos, analysis, data, investigations and crime related news.

Our work is costly and high risk. Please support our mission investigating organized crime.

By topic

By country

By person

Criminal Time

© 2024 Criminal Time.

Powered by WordPress VIP