Ex-Michael Cohen attorney who used AI in court docs made ‘embarrassing’ mistake: judge
A Manhattan judge Wednesday blasted Michael Cohen’s former lawyer for his “embarrassing” and “negligent” flub after the attorney accidentally included fake cases generated by AI in court papers.
In a blistering ruling, Manhattan federal Judge Jesse Furman opted not to sanction Cohen or his then-attorney David Schwartz for the blunder, finding that while Schwartz displayed “extreme carelessness,” he’d made an honest mistake.
“His citation to non-existent cases is embarrassing and certainly negligent, perhaps even grossly negligent,” Furman wrote. “But the Court cannot find that it was done in bad faith.”
Cohen — Donald Trump’s former “fixer” and lawyer — admitted that he mistakenly gave non-existent cases taken from artificial intelligence service Google Bard to Schwartz, who then submitted them to the court.
Schwartz no longer represents Cohen, his attorney, retired judge Barry Kamins, told The Post Wednesday, adding: “We are gratified that the court viewed the mistake as one that was not made in bad faith by Mr. Schwartz.”
Schwartz declined to comment, saying “the substance of the decision speaks for itself.”
The snafu happened as Schwartz and Cohen made a bid to wrap up Cohen’s supervised release following his guilty plea on charges of tax evasion and violating campaign finance law in 2018.
Cohen admitted to those offenses and to lying to banks and Congress in part for the “hush money” payments he said he made on Trump’s behalf to ex-porn star Stormy Daniels and to former Playboy playmate Karen McDougal.
The judge denied the motion for Cohen’s early dismissal from supervised release, finding that Cohen must have perjured himself after he took the stand at Trump’s Manhattan civil fraud trial and admitted to lying when he took the guilty plea for tax evasion.
“It gives rise to two possibilities: one, Cohen committed perjury when he pleaded guilty before Judge [William] Pauley or, two, Cohen committed perjury in his October 2023 testimony,” Furman wrote.
Schwartz had attempted to use Cohen’s testimony to bolster the case for his early release, claiming it showed his willingness “to provide truthful accounts of his experience.”
Schwartz also said it showed his “exceptional level of remorse and a commitment to upholding the law.”
Furman said in light of Cohen’s admission to perjury it was “perverse” of Schwartz to try to spin it as a “commitment to upholding the law.”
Cohen’s lawyer Danya Perry called Furman’s decision an “important win” for Cohen, apparently referring to the fact that the judge didn’t issue sanctions.
But Perry said “we take exception” with Furman’s inference that Cohen perjured himself, adding that it’s not uncommon for defendants to take guilty pleas for crimes they didn’t commit because of “coercive plea deals under severe pressure.”
“That is exactly what happened to Mr. Cohen.”
Trump’s lawyer Alina Habba lauded Furman’s decision for confirming “what we already know: that Michael Cohen committed perjury and should be prosecuted.”
The real estate tycoon’s legal team has maintained that Cohen’s testimony against their client can’t be trusted since Cohen’s an alleged liar and a convicted felon.
A spokesman in the Manhattan US Attorney’s Office — which prosecuted Cohen — declined to comment.
