Michael Cohen Was Sent Back to Prison After Refusing to Sign a Gag Agreement

Trump’s former fixer is writing a book. His lawyers suggest that’s why he’s back in jail.

Michael Cohen arrives at his Manhattan apartment on May 21, 2020, after his release from federal prison.John Minchillo/AP Photo

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Michael Cohen, President Donald Trump’s estranged former personal lawyer, was abruptly sent back to federal prison on Thursday after balking at a gag agreement that would have prevented him from talking to press or publishing a book while on home confinement. Cohen has been on home release since May due to the coronavirus pandemic.

As a condition of his home confinement, the Bureau of Prisons asked Cohen to agree to significant restrictions. He was required to abstain from “engagement of any kind with the media, including print, tv, film, books or any other form of media/news,” and from “all social media platforms,” according to a copy of the agreement obtained by Mother Jones. Cohen was also required to agree to tell friends and family to avoid posting on his behalf about him.

According to Lanny Davis, Cohen’s confidant and former lawyer, Cohen was presented with the agreement when he showed up Thursday at a Manhattan probation office to receive an ankle bracelet and sign paperwork related to his home confinement. Cohen is serving a three year sentence after pleading guilty in December 2018 to tax evasion, lying to Congress, and campaign finance fraud that involved paying women who claimed to have had affairs with Trump to stay silent before the 2016 election. Cohen has been furloughed since May 21 from a minimum security prison in upstate New York. Furloughs and home confinements carry different restrictions.

According to Davis, Cohen refused to sign the gag agreement because he plans to publish a book in the next few months detailing his work for Trump. Probation officers told him they would make a call to try to “work it out,” Davis says. But after Cohen was left alone for 1.5 hours, federal marshals carrying shackles arrived to take him into custody. Cohen then said he would sign the agreement. But one of the marshals told him it was “out of our hands,” according to Davis, who cited the account of Jeffrey Levine, a Cohen attorney who was present.

Cohen and his lawyers have not been given a specific reason for why he is being returned to federal prison, Davis says. The Bureau of Prisons said Thursday that Cohen “refused the conditions of his home confinement and as a result, has been returned to a BOP facility.”

Cohen teased his book on Twitter last week after a federal judge issued a ruling that allowed Mary Trump, President Trump’s niece, to proceed with publishing a book harshly critical of the president.

Read the gag agreement Cohen balked at signing:



Cohen Order (Text)

 

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WE'LL BE BLUNT.

We have a considerable $390,000 gap in our online fundraising budget that we have to close by June 30. There is no wiggle room, we've already cut everything we can, and we urgently need more readers to pitch in—especially from this specific blurb you're reading right now.

We'll also be quite transparent and level-headed with you about this.

In "News Never Pays," our fearless CEO, Monika Bauerlein, connects the dots on several concerning media trends that, taken together, expose the fallacy behind the tragic state of journalism right now: That the marketplace will take care of providing the free and independent press citizens in a democracy need, and the Next New Thing to invest millions in will fix the problem. Bottom line: Journalism that serves the people needs the support of the people. That's the Next New Thing.

And it's what MoJo and our community of readers have been doing for 47 years now.

But staying afloat is harder than ever.

In "This Is Not a Crisis. It's The New Normal," we explain, as matter-of-factly as we can, what exactly our finances look like, why this moment is particularly urgent, and how we can best communicate that without screaming OMG PLEASE HELP over and over. We also touch on our history and how our nonprofit model makes Mother Jones different than most of the news out there: Letting us go deep, focus on underreported beats, and bring unique perspectives to the day's news.

You're here for reporting like that, not fundraising, but one cannot exist without the other, and it's vitally important that we hit our intimidating $390,000 number in online donations by June 30.

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