Michael Cohen can't hold Trump accountable for retaliatory incarceration, appeals court rules.

New York — An appeals court ruled Tuesday that Michael Cohen cannot sue his former boss, ex-president Donald Trump, for retribution for publishing a book.

The 2nd U.S. Circuit Court of Appeals in Manhattan said that it would not resurrect a complaint a lower court judge had dismissed because the statute did not seem to afford a damages remedy for most allegations that someone was detained for criticizing a president.

A three-judge panel found Cohen had secured relief by obtaining a court to order his release to home confinement many weeks after the government unexpectedly imprisoned him for violating stringent public communications restrictions. It said the law did not provide further remedy.

Cohen served almost a year of a three-year federal prison term in 2018 after pleading guilty to tax fraud, campaign finance violations, and lying to Congress about Trump ordering him to pay hush money to a porn performer to protect his 2016 presidential campaign.

Cohen was released early to home confinement while federal prisons contained the coronavirus outbreak, but he was returned to prison weeks later for violating his parole. Cohen said he was just clarifying a clause barring him from communicating with the media and releasing his book.

Cohen was released from solitary confinement after 16 days, which he said left him with shortness of breath, severe headaches, and anxiety. A judge said he was jailed in retaliation for his desire to publish a book critical of the president and discuss it on social media.

Cohen sued Trump, then-AG Barr, and jail and probation authorities. Cohen announced Tuesday he will appeal to the U.S. Supreme Court.

If democracy wins, the outcome is incorrect. He said that a writ of habeas corpus alone cannot preclude a rogue president from weaponizing the Department of Justice to imprison opponents who refuse to renounce their First Amendment rights.

According to Trump's lawyer, Alina Habba, "We are quite delighted with today's judgment. Mr. Cohen's case was doomed from the start. We will fight spurious lawsuits against our client.”

Watch this space for further developments.