Michael Cohen’s former attorney ordered to explain citing cases the judge believes don’t exist
By Kara Scannell, CNN
(CNN) — A federal judge has ordered Michael Cohen’s former attorney to explain where he came up with the court cases cited in Cohen’s request for early termination of supervised release, saying as far as the judge can tell “none of these cases exist.”
Judge Jesse Furman instructed Cohen’s former attorney David Schwartz to provide by December 19 copies of the court decisions he cited and what role, if any, Cohen had in drafting or reviewing the motion before it was filed. The judge also told the attorney that if he is unable to provide the opinions that he should explain why he shouldn’t be sanctioned.
“As far as the Court can tell, none of these cases exist,” the judge wrote.
“Moreover, the Court contacted the Clerk of the Court for the United States Court of Appeals for the Second Circuit, who found no record of any of the three decisions and reported that the one listed docket number (for Ortiz) is not a valid docket number,” Furman added.
The judge also noted that Cohen’s new lawyer Danya Perry told him that she also could not verify those court cases.
Schwartz did not respond to a request for comment from CNN. Schwartz has until Tuesday to respond to the judge.
Cohen, like most convicts, is subject to supervised released following the completion of a prison sentence. Cohen’s attorneys have asked the judge to end the supervision early, citing his cooperation with law enforcement, having met his financial obligations, and his continuing assistance with “various government investigations.”
Prosecutors with the US attorney’s office for the Southern District of New York oppose the early termination citing Cohen’s public statements, including testimony in the New York attorney generals’ civil fraud lawsuit against Donald Trump, that attempt to “walk back” his guilty plea to tax offenses.
“His renewed request for early termination should be denied because Cohen has failed to identify any new extraordinary or sufficiently compelling reasons for his request, has continued to deny responsibility for his own criminal conduct, and appears to have lied under oath in a court proceeding,” prosecutors wrote in a court filing earlier this month.
If the judge finds Cohen had any involvement in the apparent mix up over the cases, his credibility will be further tested. He is expected to testify against Trump in the criminal trial relating to a hush money scheme next year.
In 2018, Cohen pleaded guilty to nine criminal charges, including campaign finance violations, tax-related charges and lying to Congress. He was sentenced to three years in prison.
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