Michael Cohen released from prison to home confinement
CGTN
Michael Cohen. /AFP

Michael Cohen. /AFP

Michael Cohen will be released to home confinement, a judge ruled on Thursday, finding that the government acted in a retaliatory manner when it took President Donald Trump's former personal attorney and fixer into custody earlier this month.

"The purpose of transferring Mr. Cohen from furlough and home confinement to jail is retaliatory and its retaliatory because of his desire to exercise his first amendment rights to publish a book and discuss anything about the book or anything else he wants on social media and others," Judge Alvin Hellerstein ruled during a telephonic hearing.

Cohen, who has been held in solitary confinement at federal prison in Otisville, New York, since he was remanded on July 9, will be released by 2 p.m. ET Friday after he takes a test for the coronavirus.

Cohen and prosecutors will have one week to negotiate the terms of his release as it relates to his involvement with the media.

"I make the finding that the purpose of transferring Mr. Cohen from furlough and home confinement to jail as retaliatory, and it's retaliatory because of his desire to exercise his First Amendment rights to publish the book and to discuss anything about the book or anything else he wants on social media" and elsewhere, Hellerstein said during a court hearing on Thursday.

Cohen had been writing a book about his time working for President Trump and the ACLU filed a lawsuit this week alleging that he was sent back to prison in retaliation for the tell-all. Cohen is serving a three-year sentence for various charges, including fraud and lying to Congress.

He had been released to home confinement in May amid concerns about the coronavirus pandemic's effects on the prison population.

Earlier this month, Cohen and his attorney met with corrections officials to finalize the terms of the home confinement agreement and objected to a number of the conditions, including a prohibition against speaking with the media or publishing any sort of writing.

Justice Department officials detained Cohen during the meeting over his objections and sent him back to prison.

The DOJ denied that the gag order was aimed at stopping Cohen from proceeding with his book or that his being returned to prison was retaliation over the planned publication.

(With input from the agencies)