Former SDNY litigator ponders if the DOJ 'might be in possession of derogatory evidence about Trump'
Photo: AFP Photo/Timothy A. Clary

Former lawyer to Donald Trump, Michael Cohen, found out Tuesday that the government won't defend the ex-president in a lawsuit by Cohen.

The case sues Trump and former Attorney General Bill Barr and the Bureau of Prisons for singling out Cohen and throwing him back in jail after he refused the demand that he never speak out about Trump, Just Security recalled.

“I have never heard of such a spectacularly overbroad restriction on speech as a condition of probation or supervised release," said ACLU director of the National Prison Project David C. Fathi.

Cohen is suing, saying his First Amendment rights were violated. But that's not the case that former litigator for the Southern District of New York is curious about. Richard Signorelli tweeted Wednesday that the piece of the new revelation about the government not defending Trump may indicate other things about the case.

He prefaced his comments that he no longer works for the SDNY and can only speculate what the Justice Department is up to. However, it prompted him to wonder if the DOJ "might be in possession of derogatory evidence about Trump as it relates to Michael's allegations of retaliation."

There's also the matter of the DOJ possibly reconsidering representing Trump if he's an active target in a criminal investigation. Signorelli explained that could then be a conflict of interest at the DOJ.

If the reason is due to a conflict of interest, that would indicate that the Justice Department could be reconsidering the position on defending Trump in the E. Jean Carroll case that is pending at the Second Circuit.

"Will they file papers withdrawing their appeal of Judge Kaplan's decision?" asked Signorelli. "If so, then this is could be a sign that Trump is now being actively targeted by DOJ. Time may tell. As with all targets, subjects, and defendants, Trump is presumed innocent until proven otherwise in a court of law."

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