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State Election Contest Exemplar

FULTON COUNTY SUPERIOR COURT

VOTER 1,

Plaintiff,

v.
BRAD RAFFENSPERGER, in his official
capacity as Secretary of State of the State
of Georgia,

Defendant.

ELECTION CONTEST COMPLAINT

Introduction
1. Plaintiffs only seek one remedy: an honest vote, honestly counted, with lawful ballots. The means to achieve this remedy is equally simple: an independently confirmed, observed signature-match-check of the absentee ballot envelopes to the pre-ballot voter’s signature in the voter file, as required by law, a monitored hand recount to assure an accurate vote count, and audit of the poll books to confirm we have the same number of ballots as voters, and no more, nor no less.
2. As acknowledged by leading practitioners and procedural guidebooks, a re-canvass and audit necessarily includes an independently confirmed, independently observed signature-match-check of the absentee ballot envelopes to the voter file, a protective procedure also advised by independent, bi-partisan blue ribbon panels and Congressional commissions, such as the Best Practices manual coauthored by the Election Integrity Project and the guideline publications of the Congressionally commissioned, United States Election Assistance Commission.
3. Understanding this, the Secretary of State ordered both an audit and a recanvass at the time of ordering the recount.
4. Unfortunately, the counties failed to conduct either the audit or the recanvass, and no independently confirmed, observed signature-match-check occurred. Notably, the counties refused pre-election requests to have an observer present when the signatures were matched to confirm the signature-match-check conformed to the law.
5. Compounding this problem, the manual recount prevents observers from seeing the ballots being counted to such a degree that some monitors had to bring binoculars to try to see what was on the ballot being counted.
6. Indeed, this conforms to a larger pattern, as during a critical ballot counting time period in Fulton County, Republican Party observers were told they could go home because no more ballot counting would occur, but then ballots were surreptitiously counted in the dark of night.
7. This is not the way to gain the confidence in the vote counting process necessary for the country to have confidence in the coming certification of the vote for the Presidency of the most powerful, and democratically governed, nation on earth.
8. The remedy plaintiffs seek is simple: no certification of the election for the Presidential electors from Georgia unless and until the counties conduct an independently observed, monitored and confirmed signature match check of the absentee ballots, or if not granted, a declaration the election outcome is in do.

JURISDICTION AND VENUE
9. This Court has original jurisdiction and venue pursuant to 21-2-524, as the defendant resides in Fulton County. The office contested is for the electors for the Presidency of the United States. This action contests the Defendant’s certification and seeks to declare the election invalid, and that no certification of Presidential electors can occur for this election as the result of the election is in doubt for the reasons cited below.

PARTIES
10. Voter 1 is a citizen of Georgia, a qualified elector of the state, a registered voter, and voted in the November 3, 2o20, General Election. As an aggrieved elector, Voter 1 is qualified to contest the election.
11. Georgia’s Secretary of State is a defendant in his official capacity, the chief elections officer responsible for overseeing the conduct of Georgia’s elections, responsible for assuring the elections are conducted in a free, fair, and lawful manner, and is the official responsible for certifying the vote for the Presidential election in the state of Georgia. The Secretary of State certified the results for the Presidential electors on November 18, 2020.
12. Joe Biden was a candidate for the Presidency in the 2020 General Election in Georgia.
13. Jo Jorgensen was a candidate for the Presidency in the 2020 General Election in Georgia.

FACTS
14. The Democratic Party of Georgia agreed that absentee ballots pose the greatest risk of election fraud.
15. The prior President, and Georgian, Jimmy Carter also identified absentee ballots as the greatest risk of election fraud. According to the Carter Report, mail-in voting is “the largest source of potential voter fraud.” (Id.)
16. The New York Times identified absentee ballots as the greatest risk of election fraud, as reported by the New York Times: “Error and Fraud at Issue as Absentee Voting Rises.”
17. Absentee ballots are “more likely to be compromised” than ballots cast at the polling booth, with a norm of at least 2% of all such ballots being invalid.
18. Increasing the amount of absentee balloting “increases the potential for fraud” as fraud is “vastly more prevalent” in absentee balloting.
19. Indeed, voting by mail is “problematic enough that election experts say there have been multiple elections in which no one can say with confidence which candidate was the deserved winner.”
20. “There is a bipartisan consensus that voting by mail, whatever its impact, is more easily abused than other forms” of voting. The bipartisan commission under former President Carter concurred that “absentee ballots remain the largest source of potential voter fraud.”
21. A consensus of election experts concurred that absentee ballots posed the greatest risk of election fraud. As election experts agree: “all the evidence of stolen elections involves absentee ballots and the like.”
22. Many well-regarded commissions and groups of diverse political affiliation agree that “when election fraud occurs, it usually arises from absentee ballots.”
23. Federal jurists long recognized the fraud risks attendant absentee balloting.
24. International, universally recognized election integrity standards require the presence of observers for the processing of ballots, as a “necessary safeguard of the integrity and transparency of the election.” Indeed, “the legal framework must contain a provision for representatives nominated by parties and candidates contesting the election to observe all voting processes.”
25. As Constitutional Law Professor Jonathan Turley publicly explained, canvassing in public view is critical to testing the integrity of the vote: “It’s like not just being asked to guess the number of jellybeans in a jar, but you have to do it without actually seeing the jar. So in order to find systemic problems, you need access to the system…. I’ve been reading these complaints and these affidavits. I think it’s clear at this point that voting fraud occurred. There is obviously a record here of dead people voting. There are obviously problems of keeping observers in places where they really couldn’t observe, very effectively. We still don’t know. But we wouldn’t know — unless we had greater access to the system itself. That is held by election officials and that requires a court to order that information to be turned over.”
26. The sole safeguard in Georgia against absentee fraud is the signature of the absentee ballot envelope matching the signature of the voter in the voter file. Much like the signature on a bank check, it is all that protects an honest accounting of the vote. Yet, it is the one process counties will not allow any independent confirmation of, any audit review of, any monitored observation of at any stage of the process, any canvassing of, or any recanvassing of.
27. Despite a massive rise of mail-in ballots, Georgia reports the lowest rate of rejection of such ballots in its history, and a rate more than ten times lower than past Georgia elections.
28. Georgians repeatedly requested the Secretary of State, prior to certification, verify, in the presence of party-designated observers, the validity of the signature of any ballot received absentee or by mail. Despite repeated assurances such verification was forthcoming, and a public statement commanding canvassing and auditing of the vote, no such verification has in fact occurred as of this date.
29. The Secretary of States assured the public there would be a complete audit, recanvass and recount of the vote.
30. As the Congressionally created United States Election Assistance Commission provided in its guidelines, a critical part of any canvass of the vote must include allowing observers to check any possible "signature mismatches on absentee ballot envelopes or in the poll books."
31. In order for Georgia’s electors to be included in the Electoral College under the statutory safe harbor, the defendant must certify the election by December 8, 2020. Section 5 of Title 3 of the United States Code provides a safe-harbor for the adjudication of contested issues concerning any election for the appointment of electors that allows the Governor to certify the election and have their electors included in the Electoral College if that determination is made six days prior to the appointment of the electors. To fall within the safe-harbor, this requires adjudication by December 8, 2020, as the Electoral College meets on December 14, 2020.
32. In testing the voter signature systems, a news reporter found Nevada, which reportedly employs a system similar to some counties in Georgia, failed to spot a forged signature 8 out of 9 times in this election. Georgia also reported an unusual number of votes only for the President for just one candidate, as Biden received almost 99% of the over-votes in this election. This constituted a margin of votes more than five times larger than the reported margin of victory in the state for the Presidential election. In prior election contests in Georgia, this fact alone warranted an election contest, and discovery to determine whether it was the product of error. In the few cases monitors could observe, they saw perfectly marked ballots for Biden only that looked like computer generated produced absentee ballots.
33. The hand recount occurred without proper notice to the parties, without effective monitoring of the ballots cast in many counties, without any signature match check of any kind occurring under independently confirmed observation, and without even a hand recount being conducted in some counties. Despite public assurances that the ballots (all scanned) would be made available to the entire public for independent review, no such ballots were ever made so available.
34. Those counties that allowed effective monitoring of the hand recount turned up thousands of uncounted ballots for Donald Trump, revealed miscounts by elections staff incorrectly counting tens of thousands of ballots for Joe Biden, and revealed major glitches in the Dominion software program that tabulated ballots. In other states employing Dominion technology, glitches occurred that changed the outcome of elections, and shifted votes more than 100 times the norm for a hand recount, including hand recounts conducted in Michigan, New Hampshire and Connecticut.
35. In counties that strictly enforced personal identification and in counties that never processed mail in votes for Donald Trump, thousands of votes for Donald Trump were not counted.
36. Individually, these errors in signature matches, counting the ballots, and discarding legal ballots, more than 15,000 votes were either illegally cast or not legally tabulated, which is more than the margin of victory in this election with 5 million voters in the state of Georgia. Indeed, a properly enforced signature match itself would have excluded more than 15,000 ballots cast in this election, which is more than the margin of victory in the election, and is, by itself, sufficient to place the outcome in doubt to qualify this contest.

COUNT I: ELECTION CONTEST
37. As a blue-ribbon commission confirmed: “Foremost, properly conducted recounts assure candidates and the public that in a close election, there has been a fair examination of the procedures and an accurate count of all legally cast votes.” (Recount Principles & Best Practices, Citizens for Election Integrity, p.1 (2014).
38. Critically, any recount must employ a “consistency of methodology for all ballots recounted” and must provide for “participation of opposing parties to observe and challenge the interpretation of a voter’s intent” (Recount Principles & Best Practices, Citizens for Election Integrity p.4 (2014).Neither occurred here in the manual recount.
39. The failure to conduct signature matches allowed more than 15,000 illegal ballots to be included in the tabulation of the vote for this office, which is more than the margin of victory in this election.
40. The exclusion of monitors from the counting of ballots on Fulton County allowed more than 15,000 illegal votes to be included in the tabulation of the vote for this office, which is more than the margin of victory in this election.
41. The exclusion of monitors who could see the ballots being hand recounted allowed more than 15,000 illegal votes to be included in the tabulation of the vote for this office, which is more than the margin of victory in this election.
42. The failure of the counties to properly receive mail in ballots lawfully sent excluded more than 15,000 legal votes from being included in the tabulation of the vote for this office, which is more than the margin of victory in this election.
43. The failure of the counties to remove dead people, non-citizens, duplicate votes, and non-residents to vote in this election allowed more than 15,000 illegal votes to be included in the tabulation of the vote for this office, which is more than the margin of victory in this election.
44. The failure of the counties to conduct a proper election in accord with the best practices guidelines of the United States Election Assistance Commission allowed more than 15,000 illegal votes to be included in the tabulation of the vote for this office, which is more than the margin of victory in this election.
45. The Secretary of State failed his promise to the public, and no election results should be certified until he confirms the counties conducted the audit, recount, and recanvass, applying uniform standards and allowing meaningful monitoring of the process, as he publicly promised the citizens of Georgia, and the country, he would. "It will be an audit, a recount and a recanvass all at once." https://www.cbsnews.com/news/georgia-election-hand-recount-audit-presidential-race/

REMEDIES
46. Plaintiffs seek immediate discovery of all signature match files and immediate publication to the world of all scanned ballots, as the Secretary previously promised the public he would. If no review conducted, then Plaintiffs seek a declaration ...

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The Barnes Brief: Friday, March 27, 2026

I. INTRODUCTION 

**Alert: Amos Miller Special Dinner Fundraiser: https://vivabarneslaw.locals.com/post/7756876/1776-law-center-fundraiser-birthday-bash-at-amos-millers

A. Art of the Week

  • The artful studio, the hidden cigar room, and the secret negotiations place. The well-structured chairs, the comfortable cushions, the wood-paneled walls, the delicate lamps, the simple table, the luxuriant rug, the seafaring sailboat beckoning on the wall. The simple art of everyday aesthetics that shape mind and soul alike, the art that envelops and motivates at the same. An inviting, beckoning, hidden welcome. 

B. Recommendation of the Week

C. Wisdom of the Week

  • “The most disadvantageous peace is better than the most just war.” Desiderius Erasmus. 

D. Appearances

  • Interview w/ Dr. Parsi.
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II. THE EVIDENCE

*NOTE: A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Curated Weekly Articles

  1. The Gallipoli example. https://responsiblestatecraft.org/veterans-iran/
  2. Private credit risks spread. https://substack.com/home/post/p-192317151
  3. Doomberg’s perspective. https://newsletter.doomberg.com/p/house-of-pain
  4. Exit ramps. https://www.cato.org/commentary/how-end-war-iran
  5. Dr. Malone exits. https://thehighwire.com/watch/

 *Bonus: Rescued by hanging onto a cliff. https://abc7news.com/post/live-crews-working-rescue-person-clinging-cliff-house-san-francisco/18773788/

B. Best of the Board: Five Fun Posts of the Week

  1. Comedic wisdom. https://vivabarneslaw.locals.com/post/7802545/this-ones-for-you-janet-fly-the-friendly-skies
  2. American roulette. https://vivabarneslaw.locals.com/post/7802590/seems-pretty-accurate-from-where-i-sit-both-parties-are-poison-they-just-have-different-ideas-on
  3. Light and shadow at the Lighthouse. https://vivabarneslaw.locals.com/post/7802467/title
  4. Malone warns. https://vivabarneslaw.locals.com/post/7801997/they-tried-it-s-over
  5. Ideas for reformers. https://vivabarneslaw.locals.com/post/7802626/here-it-is-robertbarnes-a-highly-detailed-and-extensively-researched-list-for-1776-law-center-u

*Bonus: Art meets nature. https://vivabarneslaw.locals.com/post/7801135/title

C. Homework: Cases of the Week for Sunday

  1. Free speech win. https://www.realclearpolitics.com/articles/2026/03/27/a_consent_decree_for_freedom_speech_153985.html
  2. Pentagon loses Anthropic block. https://storage.courtlistener.com/recap/gov.uscourts.cand.465515/gov.uscourts.cand.465515.134.0.pdf
  3. North Carolina voter id upheld. https://www.courthousenews.com/wp-content/uploads/2026/03/nc-voter-id-naacp-hirsch-berger.pdf
  4. Environmentalists lose. https://www.courthousenews.com/wp-content/uploads/2026/03/reclamation-water-contracts-ruling.pdf
  5. Cop negligence. https://www.courthousenews.com/wp-content/uploads/2026/03/monica-liliana-v-san-diego-ruling.pdf
  6. Musk loses. https://www.courthousenews.com/wp-content/uploads/2026/03/x-advertiser-boycott-lawsuit-dismissed.pdf
  7. Musk loses again. https://www.storyboard18.com/digital/elon-musk-challenges-twitter-fraud-verdict-flags-4-20-joke-as-jury-bias-93424.htm
  8. Facebook loses. https://courthousenews.com/meta-and-google-hit-with-6-million-verdict-for-social-media-harms-to-young-woman/
  9. Facebook loses again. https://nmdoj.gov/press-release/new-mexico-department-of-justice-wins-landmark-verdict-against-meta/
  10. SCOTUS: copyright law. https://www.supremecourt.gov/opinions/25pdf/24-171_bq7d.pdf
  11. SCOTUS: more immunity. https://www.supremecourt.gov/opinions/25pdf/25-297_bqm2.pdf
  12. SCOTUS: mail-in voting argument. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-1260_8njq.pdf

*Bonus: A joke lawsuit over Lion King. https://www.slashfilm.com/2133281/the-lion-king-circle-of-life-singer-comedian-learnmore-jonasi-lawsuit/

**Bonus: Google settles again. https://topclassactions.com/lawsuit-settlements/open-lawsuit-settlements/5m-google-play-subscription-class-action-settlement/

***Bonus; MN sues over shootings. https://storage.courtlistener.com/recap/gov.uscourts.dcd.290713/gov.uscourts.dcd.290713.1.0_2.pdf

D. Deep Dive: Sources on X to Follow on Iran War

  1. War analyst. https://x.com/pati_marins64
  2. Former Israeli defense intelligence. https://x.com/citrinowicz
  3. War & geopolitics nerd. https://x.com/policytensor
  4. Commodity manager. https://x.com/tleilax___
  5. Geopolitics from an economics perspective. https://x.com/DarioCpx?

*Bonus: War nerd. https://x.com/ripplebrain

III. CLOSING ARGUMENT: An Answer to My Critics on Iran War

  • A few common complaints recur. Their most continuous error is the failure to step back and provide an effective overview. What are the rewards you seek? What is the probability the means you employ will obtain those rewards? What are the risks of using those means to obtain those rewards? What is the probability of those risks coming to fruition? This simple 4-step analysis is the very thing the critics can’t seem to meaningfully engage. Instead, the criticisms tend to conflate wishful thinking with geopolitical realism. 
  • For example: “Are you saying you want the Islamic regime in Iran to be the hegemon in the Middle East?” Nope. I am saying the current war is more and more likely to make them such a hegemon. This common confusion conflates wishful thinking with geopolitical realism. Recognizing a likely reality doesn’t make it a desirable reality. Wishing for a particular outcome doesn’t make it happen. This isn’t a fairytale world. 
  • Another: “Sounds like Barnes is moving the goal posts by labeling Iran's proxies as 'resistance movements. ' lol” It is important to use consistent, objective definitions for a label like “terrorism”, rather than the subjective whims of calling those you don’t like “terrorists” but excuse the identical conduct by those you support as something else. Terrorism has a long standing broadly understood definition: “the unlawful use of violence against civilians to intimidate societies for politicized objectives.” By that definition, Iran’s support tends to be for rebels who mostly use violence against states or other armed rivals — e.g., the Houthis, Hezbollah and the Shia Militias in Iraq. By contrast, they fought ISIS more than we did. By our own State Department, more terrorism happens by Israel and US backed groups than by Iran. Pretending otherwise makes the Iran critics look hypocritical and fraudulent. Equally, and more importantly for American security interests, it makes Iran’s government not an imminent threat to Americans in our own homeland. As is, even if it did, the war creates far more terrorists who will target America.  
  • A third: “I guess a 4000km range missile doesn't worry Mr. Barnes. Personally, I would prefer a non-radioactive Middle East.” Once again, what is your evidence Iran would use nuclear armed ballistic missiles against the United States when they have whenever attacked us in our homeland, ever? Even if you believed that was so, how do you think the war reduces that risk? 
  • This fundamental failure to test their own assumptions, filter their own arguments through an objectively verifiable standard, and their dubious sourcing relying on emotional appeals, the critics reveal their lack of quality arguments for their position. 
  • My take: I see the reward of a peaceful, democratic, pro-American, pro-Israel regime in Iran as highly unlikely. I see the reward of an Iran incapable of making nuclear weapons as equally unlikely. I see the reward of a docile, submissive Iran, unsupportive of Shia rebel groups and the Palestinians as equally unlikely. Indeed, I see the risk of a more hostile, more likely to get nuclear weapons, more likely to embrace true terrorism, as the more probable outcome of the war. As important, I see the risk of Democratic dominance for a half-decade as much more likely than Iran becoming the 1978 Shah’s version of Iran, due to the betrayal to anti-war voters, the economic fallout from the conflict, the budgetary cost of the war, and the way it sucks all the oxygen out of the room from achieving any meaningful reforms of the kind Trump voters elected him to achieve.
  • It is that risk-reward analysis that leads to my skepticism toward the war. Those who disagree need to do so on those terms — what is the sought after reward?; what is the price, or risk, of the means chosen to obtain that reward?; compare and contrast the two to come to a decision about the policy preferences concerning the war. The fact the critics cannot even try to do so speaks volumes about the absence of good arguments on their side of supporting the war. 
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Robert Barnes@RobertBarnes
March 20, 2026
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The Barnes Brief: Weekend of March 20, 2026

I. INTRODUCTION 

**Alert: Amos Miller Special Dinner Fundraiser: https://vivabarneslaw.locals.com/post/7756876/1776-law-center-fundraiser-birthday-bash-at-amos-millers

A. Art of the Week

Persepolis: the ancient city of the Achaemenid Empire founded centuries ago by Darius the Great in succession from Cyrus. The Gate of All Nations invites visitors to this 3,000 year old ceremonial city celebrating the power of Persian culture and its echoing effect across the Iranian nation today. The Gate itself integrated the languages of the time — Elamite, Babylonian and Old Persian, with its symbols of strength but solemnity, showcasing power without threat, as the columns facing the public stand the Lamas, mythical legends with the bodies of a bull, the wings of an eagle, and the heads of the human leaders. Such legends still shape much of the Persian mindset to this day.  

B. Recommendation of the Week

A unique travelogue on Iran. https://www.goodreads.com/book/show/161711.Mirrors_of_the_Unseen

C. Wisdom of the Week

“Yesterday I was clever, so I wanted to change the world. Today I am wise, so I am changing myself.” Rumi. 

D. Appearances

  • LIVE w/ Tom Woods

https://vivabarneslaw.locals.com/post/7780307/tom-woods-interview

  • LIVE w/ Nina Infinity

II. THE EVIDENCE

*NOTE: A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Curated Weekly Articles

  1. Russiagate lies. https://www.realclearinvestigations.com/articles/2026/03/20/fbi_misled_court_to_spy_on_second_trump_campaign_adviser_1171646.html
  2. Democrats lack growth agenda. https://www.liberalpatriot.com/p/democrats-dont-have-a-growth-program
  3. Iran war intent. https://www.foreignaffairs.com/iran/how-iran-sees-war
  4. Hormuz risks. https://www.realclearpolitics.com/articles/2026/03/20/solving_the_hormuz_problem_imposing_costs_without_incurring_risk_153960.html
  5. Polling on who benefits from Iran War. https://substack.com/@greenwald/note/c-230246413

 *Bonus: The Greeks rescue the pets. https://www.oregonlive.com/nation/2026/03/greece-launches-animal-airlift-to-evacuate-pets-and-owners-from-mideast.html

B. Best of the Board: Five Fantastic Posts of the Week

  1. Board insight on F35. https://vivabarneslaw.locals.com/post/7782690/this-is-exactly-the-weakness-i-have-been-pointing-out-in-the-f-35-design-for-years-it-uses-what-is
  2. RIP a legend. https://vivabarneslaw.locals.com/post/7783832/chuck-norris-passed-away-one-of-those-men-you-just-expect-to-live-forever-thank-you-for-all-the-en
  3. Memeatic magic from the OG. https://vivabarneslaw.locals.com/post/7784089/in-honor-of-chuck-norris
  4. Gas price reports from Europe. https://vivabarneslaw.locals.com/post/7784098/well-we-have-hit-11-pr-gal-of-diesel-in-noway
  5. Board wisdom. https://vivabarneslaw.locals.com/post/7782594/thinking-about-jd-vance-s-position-and-last-nights-bwb-comment-that-at-some-point-jd-should-step-a

*Bonus: Magical photography from a board member. https://vivabarneslaw.locals.com/post/7782916/some-images-from-late-october-and-early-nov-2025-another-outing-with-my-wife-her-spotting-with-bi

C. Homework: Cases of the Week for Sunday

  1. SCOTUS: street preacher win! https://www.courthousenews.com/wp-content/uploads/2026/03/olivier-city-of-brandon-scotus-opinion.pdf
  2. Joe Kent targeted. https://www.axios.com/2026/03/19/joe-kent-fbi-leak-investigation
  3. Richin verdict. https://vivabarneslaw.locals.com/post/7779244/summary-of-closing-arguments-in-kouri-richie-trial
  4. DOJ withdraws abortion pill challenge. https://www.nationalreview.com/news/slap-in-the-face-major-pro-life-group-unloads-on-trump-admin-after-doj-moves-to-dismiss-abortion-pill-suits/
  5. Judicial coup against Kennedy. https://www.theepochtimes.com/us/judge-says-hes-ruling-against-rfk-jr-move-to-block-gender-dysphoria-procedures-for-kids-6001419?utm_source=andshare
  6. Judicial coup against Kennedy part 2. https://www.courthousenews.com/wp-content/uploads/2026/03/Murphy-vaccine-ruling.pdf
  7. AI plans. https://conservativeladiesofamerica.substack.com/p/nationwide-age-assurance-takes-center?triedRedirect=true
  8. Latest California insanity. https://www.thecollegefix.com/calif-democrats-advance-measure-to-allow-race-based-preferences-in-financial-aid/
  9. Powell plans to usurp Fed further. https://www.realclearpolitics.com/articles/2026/03/19/freekevin_153957.html
  10. Afroman wins. https://www.oregonlive.com/nation/2026/03/greece-launches-animal-airlift-to-evacuate-pets-and-owners-from-mideast.html
    Trump DOJ sues Harvard over Israel statements. https://www.courthousenews.com/wp-content/uploads/2026/03/justice-department-harvard-antisemitism-complaint.pdf
  11. Campaign disclosure laws. https://www.courthousenews.com/wp-content/uploads/2026/03/american-future-fund-ny-elections-appellant-brief.pdf
  12. Trump AG loses effort to support corporate farming. https://www.courthousenews.com/wp-content/uploads/2026/03/united-states-vs-california-ruling.pdf

*Bonus: Disney settles latest scam. https://courthousenews.com/disney-settles-livestream-subscriber-class-action-for-50-million/

**Bonus: States sue over mergers. https://www.courthousenews.com/wp-content/uploads/2026/03/attorneys-general-nexstar-lawsuit.pdf

***Bonus: Court clerk sues judge over libel & corruption. https://www.courthousenews.com/wp-content/uploads/2026/03/maness-tanner-complaint-political-defamation.pdf

D. Deep Dive: Private Capital Market Risks

  1. Financial system risks. https://goghieas.substack.com/p/is-private-credit-another-2008-not
  2. Liquidity issues. https://romulusstrategy.substack.com/p/the-liquidity-illusion-in-private
  3. Iran war ties. https://matein.substack.com/p/private-credits-meltdown-will-hurt
  4. Roaches exposed. https://eurodollaruniversity.substack.com/p/private-credit-and-the-return-of
  5. 2008 echoes. https://discussthetape.substack.com/p/the-butterfly-effect-what-is-really

*Bonus: A 401K/IRA perspective. https://felixprehn.substack.com/p/private-credit-risks-what-us-retirees

III. CLOSING ARGUMENT: Article I, Legislative Immunity

  • The Constitution affords Congress broad leniency in terms of transparency, internal operations, and immunity from the other branches of government in the exercise of its legislative duties. 
  • First, under Article 1, Section 5, Congress can exempt any of its proceedings from public transparency whenever it “may in their Judgment require secrecy” from the duty to keep and publish the journal of its proceedings. 
  • Second, under Article 1, Section 5, Congress “may determine the Rules of its Proceedings”, “punish members for disorderly Behavior”, and may expel a member “with the Concurrence of two-thirds.” 
  • Third, under Article 1, Section 6, the compensation of members of Congress can be set by them, and must be paid out of the Treasury, prohibiting the power of payment from the executive branch’s control of the Congress. The Twenty-Seventh Amendment, the last amendment to be passed, limits this power to “until an election” has “intervened” between the time of the passage of a compensation law and its enforcement. 
  • Fourth, under Article 1, Section 6, members of Congress are “privileged from arrest during their attendance” and during their transit, except for the limited crimes of Treason and Felony breach of the Peace. 
  • Fifth, under Article 1, Section 6, no member of Congress can be questioned “in any other place” for any of their “speech or debate in either house”, the so-called Speech & Debate clause immunity from libel and slander suits for their speech inside the Chamber. 
  • These privileges intend to afford members of Congress sufficient, but no more than sufficient, immunity from the other branches of government in order to capably, confidently, and competently perform their legislative duties. Of course, it can’t fix the corruptibility, cowardice, or constricted cognitive capacity of Congress. 
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Robert Barnes@RobertBarnes
March 13, 2026
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The Barnes Brief: Weekend of March 13, 2026

I. INTRODUCTION

**Alert: Amos Miller Special Dinner Fundraiser: https://vivabarneslaw.locals.com/post/7756876/1776-law-center-fundraiser-birthday-bash-at-amos-millers

A. Art of the Week

  • From a board member, this photo captures a place I want to someday retreat to — out in the woods, with a wood fireplace inside & out, in a cozy cabin that embraces its surroundings while escaping the busy, busy world of concrete interiors and crowd-field valleys between mountainous walls of sky-rising office towers and condos. A place to be still with nature and within it while outside its colder embrace. 

B. Recommendation of the Week

C. Wisdom of the Week

  • "My apprehension is traceable, too, to a belief that our republic has begun to retrace, step by step, the march of folly that led to the fall of the British and every other great empire.” Pat Buchanan, 1999.  

D. Appearances

II. THE EVIDENCE

*NOTE: A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Curated Weekly Articles

  1. Myth of EU Military. https://eventsinukraine.substack.com/p/eu-weapons-complex-rises
  2. Populists oppose the war. https://x.com/PatrickBashamDI/status/2032186099804651697?s=20
  3. Trouble in private credit markets. https://www.aol.com/veteran-fund-manager-george-noble-093001166.html
  4. Cuba next? https://www.usatoday.com/story/news/world/2026/03/13/cuba-confirms-talks-trump-economic-deal/89132765007/
  5. SAVE Act struggles. https://spectator.com/article/trump-defeat-senate-republicans-save-act/?edition=us&rcp=true

 *Bonus: Rescuing sloths.

B. Best of the Board: Five Fantastic Posts of the Week

  1. Tennessee toward top of move-in list. https://vivabarneslaw.locals.com/post/7764685/title
  2. Truth. https://vivabarneslaw.locals.com/post/7764970/they-had-a-golden-opportunity-squandered-to-do-the-bidding-of-another-country
  3. Humor. https://vivabarneslaw.locals.com/post/7764477/been-there
  4. Epstein as global framing. https://vivabarneslaw.locals.com/post/7765282/title
  5. Mematic truth. https://vivabarneslaw.locals.com/post/7764927/title

*Bonus: Spooky day. https://vivabarneslaw.locals.com/post/7765058/title

C. Homework: Cases of the Week for Sunday

  1. Antitrust settlement controversy. https://prospect.org/2026/03/09/live-nation-settlement-spurs-chaos-in-court/
  2. Social media to jury. https://courthousenews.com/landmark-social-media-addiction-trial-heads-to-jury/
  3. Israel lets war criminals walk. https://x.com/TRHLofficial/status/2032256539830972614?s=20
  4. Israel at ICJ. https://www.courthousenews.com/wp-content/uploads/2026/03/united-states-declaration-of-intervention-genocide-in-the-gaza-strip-icj.pdf.pdf
  5. Torture verdict. https://www.ca4.uscourts.gov/opinions/251043.P.pdf
  6. Judges protect DEI. https://www.courthousenews.com/wp-content/uploads/2026/03/institute-for-applied-ecology-v-burgum-opinion-dei-grants.pdf
  7. Online risks to kids. https://www.courthousenews.com/wp-content/uploads/2026/03/netchoice-vs-bonta-opinion.pdf
  8. Richins murder trial. https://www.fox13now.com/news/crime/kouri-richins-defense-team-surprisingly-rests-case-without-calling-single-witness
  9. Qui Tam win over Pharma fraud. https://www.ca4.uscourts.gov/opinions/241793.P.pdf
  10. Necessary parties. https://www.ca4.uscourts.gov/opinions/232316.P.pdf
  11. Trans care mandates. https://fingfx.thomsonreuters.com/gfx/legaldocs/movaokabwva/USA_HEALTH_TRANSGENDER_WESTVIRGINIA.pdf
  12. 1st Amendment in schools. https://www.courthousenews.com/wp-content/uploads/2026/03/BB-Capistrano-Unified-ninth-circuit-opinion.pdf

*Bonus: Italy court affirms citizenship limits. https://www.cortecostituzionale.it/uploads/release/69b2adc90cb9b.pdf?fbclid=IwY2xjawQgK8hleHRuA2FlbQIxMABicmlkETF0UG41c3M1aWhsTHZ4U1lyc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHhvXqFDR4BGvMTH3XKnxYxpQ-KxzoZCTGOtJDHeTDemH3z9pPKTgaJtL2dME_aem_rFeIHB6Nrrwte1UJXunMPA

**Bonus: Limits of Anti-SLAPP. https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20W2022-01636-SC-R11-CV.pdf

***Bonus: EV Mandate. https://www.courthousenews.com/wp-content/uploads/2026/03/trump-california-ev-mandate-complaint.pdf

D. Deep Dive: Iran War Risks

  1. $50B more for Iran War. https://debtdispatch.substack.com/p/5-reasons-the-us-should-not-spend
  2. Battle of weapons attrition. https://mrandrewfox.substack.com/p/the-iran-war-is-now-an-ammunition
  3. Epic Folly? https://richardhaass.substack.com/p/epic-folly-march-12-2026
  4. China? https://greenwald.substack.com/p/iran-war-supporters-invent-a-new
  5. Nukes? https://sonar21.com/should-iran-build-a-nuke-game-theory-says-yes/

*Bonus: Chess strategy needed. https://fallows.substack.com/p/the-arrogance-of-ignorance

III. CLOSING ARGUMENT: Article I, Defining War Crimes 

  • Two sources in the Constitution provide the power to Congress to define war crimes. 
  • First, Section 8 of Article I provides three separate sources of legislative authority, as Congress is a body of only defined, express powers, not inferred, implicit or broad powers. Article 1, Section 8 provides that Congress “shall have Power” to “define and punish Piracies and Felonies on the high Seas, and Offences against the Law of Nations”; “to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”; “to make Rules for the government and Regulation of the land and Naval forces.”
  • Second, the Congress enjoys the power to enforce Treaties. Article VI provides “all Treaties made, and which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.” 
  • The phrase “the Law of Nations” derives from a popular scholastic legal work in many a library of the Founding generation entitled: The Law of Nations, or Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns” by Emmerich de Vattel, published in 1758. Today, we know it by another name: international customs and law. 
  • First, Vattel’s Law of Nations recognized war as illegal, and any actions taken in its kinetic course and conduct, as a crime against the law of nations whenever it is fought for reasons other than self-defense and securing essential rights of sovereignty, and even then, only after meaningful sincere diplomatic and peaceful efforts fail. This was colloquially called Just War, influenced by the Catholic intellectual tradition especially. 
  • Second, Vattel’s Law of Nations required moderation, sparing civilians, treating prisoners with humanity, and especially prohibited denying quarter to those who have not violated the laws of war. 
  • The early Congresses recognized their obligations to declare war by authorizing conflict with France, the Barbary pirates, and American tribes on the frontier. Presidents Washington, Adams and Jefferson all recognized their requirement for Congressional authorization to initiate force against foreign adversaries. 
  • The very first Congress also accepted this Constitutional authorization and included the law of nations violations in its first Judiciary Act of 1789. The very first criminal prosecution ever in federal courts enforced these Law of Nations against Gideon Henfield for violating America’s neutrality in the British-French wars at the time. Chief Justice Jay identified the source of law for the prosecution: the Law of Nations, which Congress gave the courts the power to enforce under the Judiciary Act of 1789. 
  • Treaties signed by the President and affirmed by the requisite vote in the Senate governing conduct in kinetic conflicts include: the Geneva Convention; The Hague Conventions; and the Pact of Paris of 1928. Congress codified several of the precepts and principles from these treaties and conventions into federal statutory criminal law, such as section 2441 of Title 18 of the United States Code, which include the death penalty as a possible sentence. 
  • The key criminal prohibitions for grave violations of these treaties and the Law of Nations, include: torture; curly or inhumanity toward anyone in custody or control; biological experiments; and murder, mutilation, maiming, or serious bodily injury in violations of the law of war, including harm to anyone “taking no active part in the hostilities” which include those “out of combat” for any reason, such as the injuries, detained or “any other cause.” The law excludes Antone harmed from “collateral damage” or “lawful attack.” 
  • Thus, the Law of Nations still guides American law, as it has from the founding the of the nation, and expressly referenced within the explicit powers of Congress to enforce, be it by treaty or particular statute, or simply judicial authority to prosecute or punish. 
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