REPORT: Michael Cohen Asks To Leave Jail Over Coronavirus. Judge Issues Blistering Response

“After his sentencing, Cohen sought to proffer with the United States Attorney’s Office for the Southern District of New York in the hope of obtaining a reduction of his sentence. As the Government’s memorandum in opposition makes clear, Cohen made material and false statements in his post-sentencing proffer sessions.

“Unable to articulate how he advanced any investigation or prosecution, Cohen and his surrogates make extravagant allegations that the Department of Justice—from the Attorney General down to line prosecutors—acted in bad faith. Those ad hominem attacks lack any substance and do not trigger the right to a remedy or a hearing before this Court. The Government acted well-within its discretion in deciding that Cohen’s false statements and efforts to minimize his own wrongful conduct justified the Government’s decision to cease any consideration of a Rule 35(b) application on his behalf. It is not within this Court’s purview to review that determination.

“Apparently searching for a new argument to justify a modification of his sentence to home confinement, Cohen now raises the specter of COVID-19. (ECF No. 69.) That Cohen would seek to single himself out for release to home confinement appears to be just another effort to inject himself into the news cycle. As the Government points out, he is “manifestly ineligible” for compassionate release and has not exhausted his administrative remedies. (ECF No. 70.)

“Ten months into his prison term, it’s time that Cohen accept the consequences of his criminal convictions for serious crimes that had far reaching institutional harms. For these reasons, Cohen’s application to reduce or modify his sentence is denied.”