Michael Cohen Recommitted to Federal Custody

Michael Cohen has been returned to prison today. According to reports, he went to sign paperwork converting his furlough to home confinement. According to statements attributed to his lawyer, the paperwork included a prohibition on several first amendment protected activities, such as speaking to media, engagement on social media, and publishing things like books. Cohen had been working on a book about his history with Donald Trump, which dates back years before Trump ran for president.

This is troubling for a couple reasons. First, it appears the prison is arbitrarily adding conditions to his sentence that were not ordered by the court. Second, those conditions seem pointedly targeted to silence him from speaking out, which is normally protected by the first amendment. While he gives up some freedom when convicted and confined or supervised, his first amendment rights do not generally go away. There may be exceptions, such as when his crime directly relates to his speech (such as if someone who had sent a threat might be restrained while on supervision,) but such conditions would not be expected in this case. The unique conditions, sprung on him without notice, suggest ulterior motives.

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