OK-now in Michael Cohen v Trump, Cohen is here in the courtroom to fend off motion to dismiss @SDNYLIVE. Inner City Press will live tweet, thread below 
Defense: Cohen was in custody pursuant to statute. He claims home confinement is different.
Judge Liman: He's citing the Bail Reform Act. What about abuse of process?
Defense: There was no abuse. BOP sent him to FCI Otisville.
Judge: He's saying Mr Trump retaliated
Judge Liman: He's citing the Bail Reform Act. What about abuse of process?
Defense: There was no abuse. BOP sent him to FCI Otisville.
Judge: He's saying Mr Trump retaliated
Defense: On emotional distress, Cohen is not even claiming intent or negligence. Under the FTCA, his complaint should be dismissed.
Judge Liman: He says the prison was 100 degrees.
Defense: It's within BOP's discretion.
Judge: That's not Judge Laval's analysis
Judge Liman: He says the prison was 100 degrees.
Defense: It's within BOP's discretion.
Judge: That's not Judge Laval's analysis
Judge Liman: What if it was 120 or 130 degrees?
Defense: The CFR gives discretion. It involves judgment.
Judge: I'm trying to figure how your logic wouldn't knock out all FTCA cases. Are prisoners the only ones not protected?
Defense: The CFR gives discretion. It involves judgment.
Judge: I'm trying to figure how your logic wouldn't knock out all FTCA cases. Are prisoners the only ones not protected?
2d defense lawyer: There is no Bivens relief for alleged 1st Amendment viilations.
Judge Liman: He's alleging that the then-President squashed opposition. We folks in black robes need to review that.
Defense: There are alternate remedial structures. This is for $
Judge Liman: He's alleging that the then-President squashed opposition. We folks in black robes need to review that.
Defense: There are alternate remedial structures. This is for $
Defense: He could have filed a grievance with BOP.
Judge Liman: Mr Cohen is saying he spent 16 days in solitary confinement for his political speech. We're talking about the President of the US.
Defense: You are bound by the Supreme Court.
Judge: I get it.
Judge Liman: Mr Cohen is saying he spent 16 days in solitary confinement for his political speech. We're talking about the President of the US.
Defense: You are bound by the Supreme Court.
Judge: I get it.
Trump's lawyer Habba: This is barrred by Presidential immunity.
Judge Liman: Could a US President just kidnap someone, via a valet, like in other countries?
Habba: No. We have press in the room: we deny these claims.
Judge: You've spoken to the press. Speak to me.
Judge Liman: Could a US President just kidnap someone, via a valet, like in other countries?
Habba: No. We have press in the room: we deny these claims.
Judge: You've spoken to the press. Speak to me.
Habba: Mr Cohen committed crimes.
Judge Liman: So he can do this to any prisoner?
Habba: These are just hypotheticals.
Judge: They tease out rules and the limits of arguments.
Judge Liman: So he can do this to any prisoner?
Habba: These are just hypotheticals.
Judge: They tease out rules and the limits of arguments.
Habba: Presidents bomb people. They can't be worrying about being sued. My client has absolute immunity. Thank you.
Judge Liman: Does the defense want to address the Coulhurst case?
Defense: That's about lazy action.
Judge Liman: Does the defense want to address the Coulhurst case?
Defense: That's about lazy action.
Cohen's lawyer Andrew Laufer: Judge Hellerstein found the remand was retaliatory, abuse.
Judge Liman: So would a warden cracking down on critics. But no Bivens action is allowed. How would I limit this?
Laufer: On home confinement my client could have a cocktail.
Judge Liman: So would a warden cracking down on critics. But no Bivens action is allowed. How would I limit this?
Laufer: On home confinement my client could have a cocktail.
Laufer: Mr Cohen was the lawyer for defendant Trump, then he did the right thing. Yes, expanding Bivens is a disfavored activity. But this is unique. They lured him here, knowing the paragraph would be a problem.
Ironically, amid Michael Cohen's argument about arrest by US Marshals, two US Marshals enter courtroom, whisper to deputy. No, they are not here to remand Cohen. They leave...
Cohen's lawyer Laufer: These were Gulag-like conditions at Otisville.
[Wag: like #GhislaineMaxwell's conditions in Florida prison?]
[Wag: like #GhislaineMaxwell's conditions in Florida prison?]
Judge Liman: Mr Laufer,I think your client passed you a note.
[But apparently not]
Defense rebuttal: He was on furlough, not home confinement.
Habba: Donald Trump was not in Hellerstein's decision.
[But apparently not]
Defense rebuttal: He was on furlough, not home confinement.
Habba: Donald Trump was not in Hellerstein's decision.
Laufer: It was home confinement, with conditions.
Judge: Under advisement. Adjourned.
Judge: Under advisement. Adjourned.
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