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Michael Cohen asks the Supreme Court to revive his lawsuit against Trump

Michael Cohen asked the Supreme Court to wade into his fight with former President Donald Trump after a federal appeals court rejected his latest attempt to seek compensation for being jailed in what another judge called an act of retribution.

In a filing he will make with the court on Wednesday, Cohen asked for a review of a Court of Appeals for the Second Circuit decision that denied his request to hold Trump, former Attorney General Bill Barr and other Justice Department officials accountable for throwing him back in jail because he refused to agree not to write a book that was going to be critical of Trump.

“This is a case of first impression," Cohen said of his filing. "No president should ever be permitted to weaponize the Department of Justice through a willing and complicit attorney general to have a citizen unconstitutionally remanded to prison (solitary confinement) because they refused to waive their First Amendment right. It’s a case ripe for the SCOTUS.”

Cohen is asking the Supreme Court to apply theBivens precedent which would allow some suits against federal officials. Bivens claims are virtually impossible to obtain after recent Supreme Court decisions gutted the prior ruling, an NBC News investigation found.

Cohen’s filing argues that his case should qualify as a Bivens claim because of “a finding by a federal judge who found that the president’s most public critic was incarcerated for retaliation for attempting to speak and write about the president.” Justice Sonia Sotomayor granted an extension to Cohen of the filing deadline from June to July 10th.

Judge Alvin Hellerstein of the Southern District of New York found that Cohen was incarcerated in retaliation for attempting to speak and publish his

Read more on nbcnews.com