Federal Judge Denies Michael Cohen's Request to End Supervised Release Early
ICARO Media Group
Cohen, the former attorney of Donald Trump, sought to lift his supervised release, which was set to end in November. However, US District Judge Jesse Furman determined that Cohen should serve out the remainder of his supervised release term.
Cohen's request was based on his testimony in the New York Attorney General's civil fraud case against Trump. His attorney argued that Cohen's testimony had been widely praised and publicized, and that it showed his remorse for his actions. Cohen had attempted three prior times to lift the supervision, claiming a "substantial change in circumstances".
Judge Furman acknowledged that there had indeed been a change, but one that did not favor Cohen. Referencing Cohen's October 2023 testimony, the judge noted that it either constituted perjury or confirmed that Cohen had committed perjury before the court. This led Judge Furman to conclude that Cohen should complete his supervised release term.
The judge emphasized the need for specific deterrence, stating that Cohen's continuous efforts to distance himself from accepting responsibility for his crimes were evidence of this necessity. He expressed concerns over Cohen's ongoing and escalating attempts to walk away from his prior admissions of guilt.
Cohen's attorney, E. Danya Perry, disagreed with Judge Furman's assertion that Cohen had committed perjury, calling it factually inaccurate and legally incorrect. Perry highlighted that another judge, Judge Arthur Engoron, had declared Cohen's testimony to be truthful during a lengthy trial.
Engoron had previously found Trump liable for fraudulently inflating the value of his assets, with Cohen's testimony lending credibility to the claim that Trump indirectly ordered him to manipulate financial statements. However, Engoron did not directly address questions regarding Cohen's tax evasion plea.
In Cohen's motion for early release, his lawyers included citations to non-existent cases, which were inadvertently generated by an artificial intelligence (AI) tool called Google Bard. Judge Furman clarified that these erroneous citations did not influence his decision against Cohen.
Furthermore, Judge Furman declined to impose sanctions on Cohen's former attorney, David Schwartz, who had included the non-existent cases in the filing. The judge accepted Schwartz's explanation that he believed the citations had come from Cohen's current attorney, Danya Perry, thus attributing the error to negligence rather than bad faith.
Cohen, in a signed declaration, admitted that he sent the citations and descriptions to Schwartz without realizing that Google Bard was an AI chatbot tool that could generate misleading information.
The judge also noted that as a disbarred attorney, Cohen is no longer considered an officer of the court, therefore ruling out the need for sanctions against him.
As Cohen's supervised release continues, this ruling further underscores the legal consequences he faces as a result of his past actions.