Cohen v. Barr, a suit by Michael Cohen and the ACLU seeking a temporary restraining order to get him out of prison, is underway. They claim he was unlawfully taken off home confinement because he's writing a book.
The government is arguing that Cohen didn't just object to what Cohen's lawyer's call a prior restraint agreement, but questioned several of the provisions of the home confinement agreement he was asked to sign.
Judge Hellerstein right off the bat sounds sympathetic to Cohen's claim just tried to negotiate home confinement agreement, but didn't refuse to sign and wasn't told he'd go back to prison if he didn't agree.
Hellerstein: "People object and then there are negotiations and discussion, but...applicants were never were given a chance to agree, they never were told 'Well this is it and if you don't sign you're going back to jail.' That was not ever told to them, alright?"
Allison Rovner from US Attorney's office responds: "I don't think BOP is necessarily required to give him a chance to negotiate." She later claims Cohen did refuse to sign, not just hesitate.
Rovner: "It's not unlawful for BOP to refuse to negotiate," about a home confinement agreement.
Judge Hellerstein on prior restraint agreement at issue in suit:" I've never seen such a clause. In 21 years of sentencing people and looking at the terms of release, I've never seen such a clause."
Hellerstein: "There is no purpose that I can discern for having this paragraph one... except as a retaliatory" measure.
Hellerstein: "I can not believe fairly that here was not a purpose of paragraph one other than...to stop an exercise of first amendment rights. And that’s my finding."
Judge now asks Cohen's lawyers to suggest terms under which he could grant their motion, ie, allow Cohen to return to home confinement.
We first published the so-called prior restraint agreement Cohen was asked to agree to that a federal judge just found to be constitutional. motherjones.com/politics/2020/…
Judge Hellerstein says he plans to order Cohen's release from prison "tomorrow."
Hellerstein: I make the finding that the purpose of transferring Mr. Cohen from furlough and home to jail is retaliatory and it's retaliatory because of his desire to exercise his First Amendment rights and publish a book."
Statement by Cohen lawyer Danya Perry: “This order is a victory for the First Amendment and we appreciate the Judge’s ruling confirming that the government cannot block Mr. Cohen from publishing a book critical of the president as a condition of his release to home confinement." 
