Former President Trump (AP Photo/Seth Wenig) and Michael Cohen (Chip Somodevilla/Getty Images)
Former President Donald Trump has sued Michael Cohen for $500 million, threatening his ex-fixer and star witness against him in his criminal case with economic annihilation.
In a 32-page federal court complaint, Trump claims that Cohen "breached the contractual terms of the confidentiality agreement he signed as a condition of employment," revealed the former president's "confidences," and spread "falsehoods" about him "with malicious intent and to wholly self-serving ends." This campaign, Trump claims, caused him "vast reputational harm."
Trump also claims that Cohen "unlawfully converted" his "business property when he fraudulently misrepresented a business expenditure, and stated that he was owed an extra $74,000 over the true amount of the expenditure."
The lawsuit doesn't specify the expenditure further.
Since pleading guilty to campaign finance violations undertaken at Trump's "direction," Cohen became one of the former president's sharpest critics. He revealed the hush-money checks signed by Trump in congressional testimony and spoke dozens of times to the Manhattan District Attorney's offices during the tenures of two of its leaders: Cyrus Vance and Alvin Bragg.
His insights into the byzantine system for executing $130,000 in hush-money payments to Stormy Daniels and receiving $420,000 in return, in $35,000 monthly increments, helped produce the 34-count indictment against Trump currently pending in Manhattan Criminal Court.
Cohen also has made "myriad public statements, including the publication of two books, a podcast series, and innumerable mainstream media appearances," Trump's lawsuit notes.
Trump claims that he's asked Cohen to "cease and desist such unacceptable actions," but Cohen "appears to have become emboldened and repeatedly continues to make wrongful and false statements about Plaintiff through various platforms."
The former president claims that those actions "reached a proverbial crescendo," leaving no alternative except to sue him.
Cohen's attorney Lanny Davis released a statement accusing Trump of "abusing the legal system as a form of harassment and intimidation."
"It appears he is terrified by his looming legal perils and his attempting to send a message to other potential witnesses who are cooperating with prosecutors against him," Davis said. "Mr. Cohen will not be deterred and is confident that this suit will fail based on the facts and the law."
"Is there anyone in America, aside from a shrinking minority base of believers, who takes Mr. Trump seriously when he files these frivolous lawsuits?" Davis asked.
In the Southern District of Florida, the same federal court where Trump filed Wednesday's lawsuit, U.S. District Judge Donald M. Middlebrooks issued a $1 million sanctions order against Trump and one of his attorneys Alina Habba earlier this year over what he called a pattern of "frivolous" litigation.
The latest lawsuit has yet to be assigned to a judge.
Trump's lawsuit asserts five causes of action, accusing Cohen of breaching his fiduciary duties, breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment and conversion.
None of the attorneys involved in any of Trump's other current legal disputes — criminal or civil — appear to be associated with the lawsuit, which was signed by Coral Gables, Florida-based attorney Alejandro Brito in the Southern District of Florida.
When asked whether he knew the lawsuit was going to be filed, Trump's attorney Joe Tacopina told Law&Crime: "Heard about it."
The Manhattan District Attorney's office didn't immediately respond to an email requesting comment.
Multiple legal experts told Law&Crime that Trump's filing of the lawsuit probably doesn't rise to witness intimidation.
"Just because Donald Trump is a criminal defendant doesn't extinguish his right to bring civil lawsuits if he's been damaged," said Renato Mariotti, a former federal prosecutor.
Mariotti couldn't recall a case that he prosecuted in which a defendant sued a key witness. Then again, he noted, Trump and Cohen have a unique history.
"It is not inconceivable that Trump could have potentially valid claims against Cohen, given the fact that Cohen was his attorney and appears to be making a living off criticizing Donald Trump," Mariotti added, referring to the complaint's allegations of breaches of attorney-client privilege.
Mitchell Epner, who was also a federal prosecutor, agreed that he wouldn't call the filing of the lawsuit witness intimidation — "but it is an attempt to exert leverage over Michael Cohen."
During his tenure in the District of New Jersey, Epner also could not recall a criminal defendant suing a witness.
Read the complaint here.
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