Two new court filings show “A Tale of Two Michaels”: Michael Flynn and Michael Cohen. In Michael Flynn’s case, Attorney General Bill Barr has nine – count ’em, nine – DOJ lawyers sign a brief saying the full DC Federal Circuit Court of Appeals should not review the decision of the three-judge panel in which two of the three judges said Judge Emmett Sullivan must dismiss Flynn’s case.
But if you scratch below the surface of the DOJ brief, it falls under the weight of its own poor reasoning. In Michael Cohen’s case, Cohen’s attorneys together with the American Civil Liberties Union seek a Writ of Habeas Corpus, asking the SDNY Federal District Court to order the federal government to release Cohen from what they contend is unlawful confinement.
Bill Barr’s Bureau of Prisons removed Cohen from his home detention and returned him to prison when he refused to pledge not to speak with the media or write a book. Additionally, Barr’s BOP insisted that Cohen sign an agreement that also prohibited his family and friends from speaking to the media or posting anything about Cohen.
This is Bill Barr casting the widest imaginable unconstitutional net, violating the First Amendment free-speech rights of Cohen AND his friends and family. In this Tale of Two Michaels, regarding Trump, you are either the best of friends or the worst of friends. Trump’s enemies get punished while his friends/criminal associates get rewarded.