‘It’s Unprecedented’: Michael Cohen Urges Judges to Extend ‘Bivens’ in Retaliation Suit Against Trump

Former President Donald Trump’s former personal lawyer Michael Cohen urged a federal appeals court Thursday to allow his retaliation lawsuit against the ex-president to move forward under the landmark U.S. Supreme Court ruling Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, which permits civil claims for damages for constitutional violations by federal officers.

Cohen’s attorney told the U.S. Court of Appeals for the Second Circuit that even though the justices have cautioned against applying Bivens beyond its three recognized contexts, the high court has also said new claims may arise in “the most unusual circumstances.”

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