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.

In a recent interview with LiveNow from Fox, Andrew Lieb, an attorney at Lieb at Law, offered insight into former President Donald Trump's federal arraignment. The case at hand revolves around accusations that Trump misused classified documents and obstructed justice.

Lieb explained that the investigation was being led by Special Counsel Jack Smith, appointed by Attorney General Merrick Garland. The probe's scope includes an examination of Trump's handling of classified documents at his Mar-a-Lago estate and the events of January 6th. However, the current arraignment focuses solely on the former.

While the investigation began under Judge Canon, the arraignment itself will be overseen by Magistrate Judge Goodman. The chief contention is what Trump did with classified documents after leaving office, including his alleged obstruction of returning these documents and the potential violation of the Espionage Act.

Trump reportedly paid someone to record conversations in which he acknowledged the classified status of certain documents. This revelation is a significant component of the indictment. The maximum penalty for these charges amounts to 400 years, although Lieb was clear to specify that this is a theoretical maximum, not a sentencing guideline.

The arraignment process was outlined as a relatively straightforward procedure. It typically involves the entry of a plea, and in Trump's case, the expectation is a plea of not guilty. However, the process of capturing images and video will be heavily restricted within federal court, and there will be no mug shots due to perceived security risks.

Moving forward, Lieb anticipates Trump will face trial, and given federal prosecutors' historically high conviction rates, he sees it likely that the former President could face prison time. It’s also worth noting that this arraignment is only one part of several potential legal issues for Trump, with potential grand jury proceedings in DC and investigations in Georgia yet to play out.

Addressing the crowds gathered outside the courthouse, Lieb expressed hopes for peaceful protests. He reiterated that it's essential for the judiciary to run its course without violent interruption, regardless of public opinion. He pointed out that Trump would have a jury largely composed of his peers in Florida, a state with a Republican majority.

In a follow-up interview with LiveNOW from Fox, Attorney Andrew Lieb delved deeper into the unprecedented indictment of former President Donald Trump. As the initial shock of the news subsided, Lieb was able to provide a more nuanced analysis of the charges and their potential implications on Trump's future political pursuits.

Breaking Down the Charges:

The charges brought against Trump are severe, ranging from allegations of willful retention of National Defense Information to accusations of making false statements, conspiracy, and concealment. Lieb laid out the possible consequences of these allegations, emphasizing that these charges are substantial and carry potential prison sentences.

Trump's Political and Personal Predicament:

Lieb examined Trump's response to the indictments, characterizing the former President as being caught between his political messaging and his need for self-defense. This, according to Lieb, is indicative of the seriousness of the situation and the weight that these legal proceedings place on Trump.

The Impact on Trump's Campaign Activities:

When asked about the possible disruptions these charges could bring to Trump's campaign activities, Lieb clarified that Trump is currently facing two separate indictments, with a third potentially in the pipeline. These charges could significantly impede Trump's campaign schedule. The power to schedule court appearances rests not with the defendant, but with the judges presiding over the cases. As such, Trump could be held in contempt if he fails to attend court sessions as required.

Looking Forward:

Looking ahead, Lieb expressed his anticipation for the full indictment details, which are to be released via the PACER system. Unfortunately, due to the enormous amount of traffic following the news, the system had temporarily crashed.

Lieb also expressed his keen interest in observing Trump's next steps. Will the former president pivot from his current political maneuvers to focus more heavily on his criminal defense? With the seriousness of the charges he faces, it's a transition Lieb suggests might be necessary.

In a recent TV news interview on LiveNOW from Fox, legal analyst Andrew Lieb provided expert analysis and insights into the indictment of former President Donald Trump. Lieb's comments shed light on the significance of the indictment and the potential implications for the former president and the country, based on how the case shakes out.  

Lieb emphasized the gravity of the situation, stating, "It's a somber day. It's an overwhelming day. We have a former president being indicted on federal charges. This isn't just a state coming after him. This is these United States." He further speculated about the possibility of additional indictments in Washington, D.C., indicating that the legal proceedings surrounding Trump are far from over.

Regarding Trump's approach to the indictment, Lieb commented on his previous inaccurate statements and urged him to focus on his defense rather than political messaging and fundraising. "The first reaction you have when facing a federal indictment is not how to run for office or raise money. The first reaction you have is how to keep your mouth quiet, go with innocence, and convince them that you are not someone who is guilty," Lieb advised.

Lieb acknowledged the concerns raised by Trump supporters about potential political interference, but emphasized the importance of upholding the principle that no one is above the law. "Whether the most liberal Democrat or the most conservative Republican, we need to understand that this is a momentous, big day that we should all remember. This day does matter," he stated.

Discussing the historic nature of the indictment, Lieb underscored the significance of a former president facing federal charges, stating, "Anyone who does anything wrong can get indicted."

Lieb expressed confidence in the prosecution team led by special counsel Jack Smith, highlighting Smith's reputation and the need for rock-solid evidence to ensure a successful case. "If Jack Smith loses this case, the legitimacy of our Justice Department is out the window," Lieb warned.

The interview concluded with Lieb addressing the potential political implications in an election year, emphasizing the importance of strong evidence to dispel doubts about the case's legitimacy. He also stressed the need for politicians to be held accountable for their actions, stating, "We have serious problems if people running for president become immune from prosecution if they committed crimes."

Andrew Lieb, a renowned constitutional attorney, was recently invited to provide expert commentary on Scripps News regarding the groundbreaking indictments of former President Donald Trump in Florida and Washington DC. The charges range from mishandling classified documents to violating the Espionage Act.

Lieb described the indictments as shocking due to their sheer magnitude. He highlighted that the incident marked a significant moment in U.S. history, where a former president was facing legal scrutiny on this scale. 

He also addressed House Minority Leader Kevin McCarthy's public backlash against the indictment, which he deemed as a severe injustice and an unprecedented politicization of the judiciary.

According to Lieb, it is essential to appreciate that no one, including a former president, is above the law. At the same time, he noted that the case could set a precedent where potential public office candidates must maintain impeccable records to avoid similar legal scrutiny.

Lieb underlined the potential political implications of the indictment, suggesting that while it could benefit Trump in terms of visibility and fundraising amidst a crowded nomination field, the former president should prioritize his legal defense over political aspirations due to the severity of the charges.

The attorney eloquently captured the dilemma many Americans are currently grappling with: the desire for the rule of law to prevail versus the fear of potential political witch-hunts. In Lieb's view, the resolution of this case could significantly impact public trust in our judicial system and the very foundations of our democracy.

As the landscape of anti-discrimination law continues to evolve, New York's Labor Law Section 201-g has seen significant updates that employers / employees should be aware of.  

The updates, which are encompassed in a  Model Sexual Harassment Prevention Policy, aim to strengthen workplace protections and foster a safe environment for all employees. New York employers must adopt the model policy or create their own sexual harassment prevention policies that meet or exceed state standards. They are also obligated to provide employees with annual sexual harassment prevention training. 

Let's take a closer look at the key changes:

1. Expanded Definition of "Sexual Harassment:

The new policy broadens the definition of sexual harassment to include harassment based on gender, gender identity, gender expression, or sexual orientation. It recognizes that harassment doesn't have to be of a sexual nature, emphasizing that any form of harassment related to these characteristics constitutes sexual harassment. Furthermore, the policy defines important terms such as "cisgender," "transgender," and "non-binary" to ensure a comprehensive understanding.

2. Updated Standards:

Previously, proving a claim of sexual harassment required demonstrating that the conduct was "severe and pervasive." However, the updated policy aligns with the law's 2019 amendments which eliminated this strict standard. Instead, it emphasizes that New York plaintiffs need only show they experienced inferior treatment compared to others based on protected class membership, similar to the standards set by the New York City Human Rights Law.

3. Virtual and Hybrid Workspaces - A New Frontier of Harassment:

The updates in the law recognize the rise of virtual and hybrid workspaces, providing examples to illustrate what constitutes harassment in these contexts. In a world where many employees continue to work remotely, it's crucial for employers to understand and address harassment that may occur outside of the physical office. This includes unwelcome comments or behaviors in virtual meetings and messaging apps, among other things.

4. Universal Application Across Discrimination Types:

The law clarifies that the policy applies equally to all forms of discrimination based on other characteristics, such as race, age, religion, disability, or sexual orientation. It underlines the fundamental principle that all employees should be free from any form of discrimination, regardless of its nature. The reporting and investigation procedures for other forms of discrimination are aligned with those for sexual harassment, ensuring consistent treatment and protection across all protected classes.

5. Interplay Between Sex and Other Protected Characteristics:

The revised law offers examples showing how sexual harassment can intersect with other forms of discrimination. These instances are crucial for employers to understand as they illustrate complex situations where employees might be subjected to discrimination based on multiple protected characteristics simultaneously. 

6. Third-Party Intervention: A Key Role:

One key update emphasizes third-party intervention in instances of perceived harassment or discrimination. The policy provides a clear set of five steps that bystanders can take to intervene and support those affected, including interrupting the harassment, seeking help from a third party, making a record of the incident, checking in on the target, and confronting the harasser. This change underscores the collective responsibility within organizations to maintain a respectful and inclusive work environment. 

7. Strengthened Retaliation Protections:

The policy's retaliation section now explicitly lists examples of retaliatory actions, including disparagement on social media platforms. Importantly, employees are protected from retaliation even if the alleged conduct is not ultimately deemed unlawful, provided they had a good faith belief that it was. This provision encourages a safe reporting environment for all individuals.

8. The Responsibility of Supervisors:

Supervisors play a critical role in maintaining a harassment-free workplace. The updated policy emphasizes that supervisors must not wait for a formal complaint before reporting incidents of harassment. It highlights their duty to offer accommodations to victims and highlights the potential disciplinary consequences for supervisors who fail to report known instances of harassment. 

Streamlined Complaint and Investigation Process:

The new policy streamlines the complaint and investigation process, with an emphasis on promptness. Investigations should be initiated and completed as soon as possible. Additionally, employees are no longer required to submit complaints solely through the policy's complaint form; they can report incidents orally or in other written forms such as emails.

The revised sexual harassment prevention policy in New York State signifies a crucial step forward in creating safer and more inclusive workplaces. By familiarizing themselves with these changes, employers and employees can contribute to a work environment free from discrimination.