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Biden DOJ Promises to ‘Vigorously’ Defend Religious Schools ‘Right’ to Discriminate in Lawsuit from LGBTQ Students

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40 LGBTQ students are suing the U.S. Dept. of Education for allowing the faith-based colleges they attend to discriminate against them while receiving taxpayer funds and federal support. The Dept. of Justice, which generally defends the federal government and the laws of the United States, has promised it will “vigorously” defend the several dozen schools against the lawsuit.

If this were the Trump Justice Dept., many Americans would not be surprised. And while there is a wall between the White House and the DOJ, President Joe Biden has said passing the LGBTQ Equality Act is among his top priorities. (Majority Leader Schumer has indicated he will bring it to the floor for a vote this month.)

Add to all this that the U.S. Supreme Court in the coming days is expected to hand down its decision in a case filed by a Christian adoption agency that lost its contract with the City of Philadelphia for refusing to work with LGBTQ and same-sex couples.

The Washington Post reports the DOJ’s promise “it can ‘vigorously’ defend a religious exemption from federal civil rights law that allows federally funded religious schools to discriminate against LGBTQ students,” is “a move that surprised some LGBTQ advocates who said the wording went further than just an obligation to defend an existing law.”

During the Obama years the Dept. of Justice under Attorney General Eric Holder refused to defend in court a portion of the Defense of Marriage Act, declaring he and President Obama had decided it was unconstitutional. (The U.S. Supreme Court ultimately agreed.)

“In the filing,” the Post adds, “the Biden administration said it ‘shares the same ultimate objective’ as the conservative Christian schools named in the case.”

LGBTQ activists are displeased.

“What this means is that the government is now aligning itself with anti-LGBTQ hate in order to vigorously defend an exemption that everyone knows causes severe harm to LGBTQ students using taxpayer money,” said Paul Carlos Southwick, director of the Religious Exemption Accountability Project, which filed the case in March on behalf of dozens of current and past students at conservative religious colleges and universities. “It will make our case harder if the federal government plans to vigorously defend it like they have indicated.”

The lawsuit says the schools are “fueled by government funding,” and yet the Dept. of Education’s “inaction leaves students unprotected from the harms of conversion therapy, expulsion, denial of housing and healthcare, sexual and physical abuse and harassment, as well as the less visible, but no less damaging, consequences of institutionalized shame, fear, anxiety and loneliness.”

The Religious Exemption Accountability Project says its lawsuit “asserts the constitutional and basic human rights of LGBTQ+ students, seeking to end the sexual, physical and psychological abuses perpetrated under the religious exemption to Title IX at thousands of federally-funded schools, colleges and universities across America.”

The Constitution guarantees equal rights for all Americans, holding space for religious belief and practice, while ensuring that religion does not serve as a government-funded vehicle to harm racial, ethnic, gender, sexual, religious or other minorities. Government action that ignores this central principal, including the religious exemption to Title IX, is unconstitutional and must be remedied immediately. 

Several right wing groups are asking the courts to be included in the lawsuit to defend the religious exemption and their “right” to discriminate.

Among them, the Council of Christian Colleges and Universities, and the Alliance Defending Freedom, a legal firm that has won at the U.S. Supreme Court and appears on the Southern Poverty Law Center’s list of anti-LGBTQ hate groups.

On its website ADF describes the lawsuit as a demand the schools “renounce core religious beliefs,” which apparently includes discriminating against LGBTQ students.

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Kellyanne Conway, Who Trump Reportedly Told He Understood He Had Lost to Biden, Testifying Before J6 Committee

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Kellyanne Conway, whose work in 2016 propelled Donald Trump into the Oval Office and spent three and a half years with him as a top White House advisor, is testifying Monday morning before the U.S. House Select Committee on the January 6 Attack.

ABC News White House and Capitol reporter Gabe Ferris Monday morning said, “Kellyanne Conway is meeting with Jan. 6 Committee staffers right now. She did not answer my questions about why she is here today.”

NBC News Capitol Hill Correspondent Ryan Nobles posted video of Conway apparently walking into the Committee’s offices. “Conway was not subpoenaed publicly & the committee won’t say if she was appearing voluntarily,” he notes.

READ MORE: ‘Lowest Common Denominator’: Trump Refuses to Denounce White Supremacist He Dined With Despite Advisers’ Urgings

MSNBC legal analyst Lisa Rubin notes, “Emmet Flood, who is representing Kellyanne Conway, also represents [former Pence chief of staff] Marc Short and Mike Pence in the 1/6 investigation. The convergence of interests between Short and Pence is clear. Whether Kellyanne shares those interests? Remains to be seen.”

Attorney George Conway, a “never Trumper” who happens to be married to Kellyanne Conway, posted a screenshot from Jonathan Lemire’s book which suggests Trump knew he had lost the 2020 presidential election.

That critical observation could prove important for prosecutors, who reportedly are already using the Committee’s work.

Conway points to a section that reads, “But off camera, [Trump] took a slightly different tone, even wondering aloud to Kellyanne Conway how he could ‘lose to fucking Joe Biden,’ in what she took as a sign that he understood, deep down, that he had been defeated, even if he was not ready to say so publicly.”

Video tweets and video above or at this link.

 

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‘Unambiguous Felony’: Trump at Risk in IRS ‘Personal Vendetta’ Audit Investigation – Report

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According to a report from former Assistant U.S. Attorney Mitchell Epner at the Daily Beast, Donald Trump’s legal problems may be growing exponentially because there appears to be evidence he attempted to use the IRS to persecute political enemies before he lost re-election.

At issue, Epner wrote, are accusations from former White House Chief of Staff John Kelly that the former president demanded the IRS look into tax returns filed by, among others, former FBI Director James Comey and former FBI Deputy Director Andrew McCabe.

According to the legal expert, there is already an investigation by the IRS inspector general into the suspicious audits of the two FBI officials, with Epner writing, “As reported earlier this summer, both Comey and McCabe were subjected to highly unusual IRS audits. The odds of an individual randomly being subjected to this type of audit are similar to being struck by lightning. For both to be the subject of special audit by happenstance is about as likely as a whale falling from the sky and landing in the middle of a mountain range.”

As he notes, there is evidence Kelly is willing to provide evidence about Trump’s illegal demand, with Epner writing that “a president who unlawfully seeks to have an individual audited is subject to up to five years in prison. The crime does not require that the IRS actually carry out the audit. The crime is completed with the mere request.”

RELATED: The coming indictment of Donald Trump will break his power: former Obama lawyer

“If Trump made this demand while he was president, that is an unambiguous felony. Section 7217 of Title 26 of the United States Code makes it a crime for the ‘President’ to ‘request, directly or indirectly, any officer or employee of the Internal Revenue Service to conduct or terminate an audit or other investigation of any particular taxpayer with respect to the tax liability of such taxpayer,'” he wrote before adding, “Based on my training and experience as an Assistant U.S. Attorney who prosecuted tax offenses, I expect that each IRS employee along the chain of command kept detailed notes and records of who ordered them to conduct the audit, and on the facts that were cited to support that audit demand. I would not be surprised if each of those IRS employees cooperated with the DOJ, with all fingers pointing in Trump’s direction.”

He concluded that “the nice thing about prosecuting tax crimes is that the crimes are very clearly delineated. Few jurors have any sympathy for people who cheat on their taxes or wrongfully sic the IRS on an individual to carry out a personal vendetta.”

You can read more here.

 

Image by Evan El Amin/Shutterstock

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Trump Complains the ‘Fake News Went Crazy’ With Coverage of His 2-Hour Meeting With Notorious Racist He Won’t Condemn

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On Saturday evening, Donald Trump issued a fourth statement on his meeting with white nationalist Nick Fuentes and once again refused to denounce his racism and anti-Semitism.

Trump posted to his Truth Social account, “so I help a seriously troubled man, who just happens to be black, Ye (Kanye West), who has been decimated in his business and virtually everything else, and who has always been good to me, by allowing his request for a meeting at Mar-a-Lago, alone, so that I can give him very much needed ‘advice.’”

“He shows up with 3 people, two of which I didn’t know, the other a political person who I haven’t seen in years. I told him don’t run for office, a total waste of time, can’t win. Fake News went crazy,” Trump wrote.

Trump’s dinner has already become an issue in the 2024 presidential campaign and could play a role in determining the next Speaker of the House of Representatives. Trump’s ambassador to Israel condemned him dining with “human scum.”

Trump has received harsh headlines.

“Trump criticized for dining with far-right activist Nick Fuentes and rapper Ye,” headlined The Washington Post.

“Trump’s Latest Dinner Guest: Nick Fuentes, White Supremacist,” was The New York Times headline.

“Trump world reels after white nationalist dinner,” headlined Politico playbook.

“Trump’s former US ambassador to Israel blasts meeting with Ye, Nick Fuentes: ‘You are better than this,'” Fox News headlined.

NBC News headlined, “‘F—ing nightmare’: Trump team does damage control after he dines with Ye and white supremacist Nick Fuentes”

READ MORE: Trump’s Dinner With Kanye Also Included a Former Aide Accused in Pay-for-Pardon Play, and White Supremacist Fuentes

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