The employer here, Bear Creek Bible Church, "is a nondenominational church" that "does not permit Braidwood to employ individuals who engage in behavior he considers sexually immoral or gender non-conforming, nor does he allow Braidwood to recognize homosexual marriage."
Bear Creek sued the EEOC asserting "that Title VII, as interpreted in the EEOC’s guidance and Bostock,
prevents them from operating their places of employment in a way compatible with their Christian beliefs."
The 5th Cir held that "Title VII post-Bostock would substantially burden its ability to operate per its religious beliefs about homosexual and transgender conduct."
However, the 5th Cir called for SCOTUS by writing - "Although the Supreme Court may some day determine that preventing commercial businesses from discriminating on factors specific to sexual orientation or gender identity is such a compelling government interest that it overrides religious liberty in all cases, it has never so far held that."
Political Commentator and Legal Analyst Attorney Andrew Lieb recently shared his analysis and insights on the Hunter Biden case and former President Donald Trump's trial during an exclusive interview on LiveNOW from FOX.
Hunter Biden Case:
Investigation and Charges: The investigation into Hunter Biden's case spanned four to five years before specific charges were brought forward. Charges include felony gun charges and two misdemeanors related to unpaid taxes in 2017-2018.
Cooperation and Plea Deal: Lieb emphasizes the importance of cooperation with prosecutors to achieve a favorable plea deal when facing potential exposure. Cooperation before formal charges are brought can lead to more favorable outcomes.
Potential Penalties: Lieb expresses doubt regarding the likelihood of jail time for Hunter Biden. The felony firearm charge is to be addressed through a pretrial diversion program focused on rehabilitation rather than punitive measures. Hunter Biden has already paid back taxes and penalties, reducing the possibility of incarceration by the Judge where the prosecutors are said not to be seeking jail time.
Former President Trump's Trial:
Trial Date and Venue: Tentative trial date set for August 14, although delays due to motions and discovery are expected. The trial will take place in Fort Pierce, Florida, a location considered more favorable for Trump compared to Miami. Lieb explains the significance of trial venue and its potential impact on the proceedings.
Congressman George Santos' Case:
Judge denies Santos' attempt to keep bond backers' identities sealed. The order mandates unsealing of identities on June 22 at 12 pm, allowing Santos or bond suretors the opportunity to modify the release to incarceration before the disclosure. Lieb questions if Santo's family-member suretors are actually even family members given Santos' track record for the truth.
SCOTUS considers striking down affirmative action, we may find ourselves
on a slippery slope. Are we edging towards ignoring student's
backgrounds in college admissions, perhaps even disregarding admission
letters altogether? Remember, nine states already don't factor in race
for university admissions. Attorney Andrew Lieb's analysis with
@CBSNewYork
On June 14th, 2023, marking the 77th birthday of Donald Trump, CBS Radio hosted an enlightening discussion with legal analyst and attorney Andrew Lieb. The interview revolved around the former president's current legal situation following his recent arraignment and pre-birthday celebration in Bedminster.
In this deep-dive conversation, Lieb shared intriguing insights into Trump's defense strategy, potential repercussions, and the challenging path ahead for his legal team.
Trump's Defense Strategy: The 'What About Isms':
Lieb noted that Trump's defense seemed to hinge heavily on 'what about isms.' This is a tactic where the accused attempts to deflect blame by bringing attention to similar offenses committed by others. In Trump's case, the targets of his 'what about isms' are often Hillary Clinton and Joe Biden.
However, Lieb was quick to point out the ineffectiveness of this strategy in a court of law. The legal focus is solely on the individual on trial—in this instance, Trump—not anyone else. Thus, accusations directed towards Clinton, Biden, or others would be deemed irrelevant.
Trump's Legal Defense: A Game of Suppression:
According to Lieb, the defense's primary task should be to ascertain whether any evidence has been obtained illegally. If that's the case, their efforts should be directed towards suppressing such evidence. This approach takes precedence over simply trying to prove innocence. It's all about making it difficult for the prosecutor to prove guilt, rather than making it easy for the defense to prove innocence.
The Double-Edged Sword of Public Statements:
Lieb had some advice for Trump: stop talking about the case, especially on the campaign trail. As a legal professional, he believes any public discourse about the case could potentially be used against Trump in court. However, he recognized the potential political benefits of such communication, as playing the victim might appeal to Trump's base of supporters.
The Outlook: A High Likelihood of Jail Time?
In a somewhat startling revelation, Lieb expressed a belief that, based on the current state of affairs, Trump is likely to face jail time. He made it clear that this prediction doesn't factor in any potential actions the defense team could take, such as suppressing evidence or getting charges dismissed.
Further, Lieb noted that this is just the beginning. Besides the present case, there's a possibility of Trump facing additional charges in Georgia, and at the federal level in NJ—especially related to the sharing of classified documents, and in DC.
Attorney Andrew Lieb recently shared key insights on Scripps News on former President Trump's defense strategy following his arraignment. Lieb's analysis sheds light on important arguments and potential challenges that may arise in the case. Let's explore the crucial points discussed during the interview.
1. Selective Prosecution and Relevancy:
Lieb notes that Trump's references to other investigations, such as those involving Hillary Clinton and Joe Biden, may hold political weight but lack the relevancy required to be heard in a courtroom. Selective prosecution may be raised as a defense, but its success remains unlikely.
2. Fourth Amendment and Unreasonable Search and Seizures:
Trump's defense may challenge the legality of the FBI raid on his Mar-a-Lago home, arguing violations of the Fourth Amendment. However, Lieb suggests the experienced prosecution team is unlikely to have made critical mistakes in obtaining the subpoena.
3. Personal vs. Official Records:
Trump's claim to distinguish personal and official records presents an intriguing argument because of the Clinton Sock Drawer Case. However, legal precedent from the Court of Appeals limits a president's authority in determining record categorization under the Presidential Records Act. This argument may face challenges and potential appeals.
4. Motions, Appeals, and Bond Conditions:
Lieb outlines three expected motions: discovery of evidence, suppression based on Fourth Amendment violations, and dismissal based on record categorization as personal. Appeals are likely to complicate the case further. Violating bond conditions, including communicating with witnesses, may result in consequences for Trump's bond.
Attorney Andrew Lieb recently delivered a comprehensive legal interpretation during his appearance on Scripps News, offering deep insights into the indictment case against former President Trump. Here are the key takeaways from his commentary:
The Importance of Discovery:
According to Lieb, the stage of litigation following arraignment will be an approximate year-long discovery. Discovery is an information exchange process where the defense counsel has the right to view what the evidence supporting the prosecutor's case, allowing them to prepare their defense based on the evidence at hand.
Anticipated Motions:
In the context of this case, Lieb predicts a series of motions to suppress and dismiss the evidence presented by the prosecutors. This process of challenging the evidence is critical for the defense in ensuring any evidence used in the trial is obtained properly and is relevant.
Role of the Defense Team:
Lieb believes the defense team's immediate task should be to take charge of the case, turning it from a political show into a serious criminal defense case. This involves ensuring their client refrains from making potentially damaging public speeches and focusing on evaluating the evidence at hand.
Fourth Amendment Implications:
Lieb noted that improper acquisition of evidence could lead to motions for suppression based on Fourth Amendment rights, which protect against unreasonable searches and seizures. This approach could potentially impact what evidence is deemed admissible in the trial.
Implications for Future Proceedings:
As the case unfolds, Lieb anticipates many of the decisions made by the judge to be appealed to the 11th circuit, which may set precedent for future high-profile cases.
