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A Morality Of War Discussion

The matter of the mass electronic denotations in Lebanon that have killed a dozen or so people and wounded thousands has elicited much discussion. The folks on the Duran (here I refer to the hosts and in particular Mr. Mercouris ) for instance have labelled it a "terrorist attack." While there is nothing new per se in using phones or other electronic devises as explosives (see for instance how the Mossad/Shin Bet killed Yahya Ayyash, a Hamas militant who made explosive bombs, in 1996 via a bomb planted in his phone), it is the mass scale of the use of such devises that is the shocking thing in Lebanon.

The Duran points out the broader implications of such a method of war/death and on those abstract points (governments targeting dissidents and/or the broader civilian population through such lethal mass produced means) I concur. However, unless the Duran by "terrorist attack" mean that the attack was intended (at least in part) to sow fear into the enemies of Israel, I would not concur with this designation. Keep in mind that under that broader definition of terror attack this could include any act, no matter how lawful or even lethal [like firing warning shots or just bombing an enemy military base] that is (at least in part) intended to disrupt enemies/opposing forces and weaken morale/the will to fight. What I mean by terrorism is the unlawful use of violence that is intentionally directed at civilians (i.e. non-combatants) for the purposes of achieving political goals.

Does the attack in Lebanon constitute that kind of terrorism? I don't think so. Why? For one thing Hezbollah itself admits that the pagers belonged to them and were used by their organization. In other words, the pagers constituted part of their communications system that they used for various purposes (military included). Hezbollah distributed the pagers to those who belonged to or had close ties to the organization. Hezbollah itself is a paramilitary organization that does not comport itself to typical laws of war. They store munitions near civilian areas and their operatives don't always (especially in combat conditions) wear distinguishing uniforms.

As for the act of putting explosives in the pagers themselves, the amount put into the pagers appear to be enough to potentially kill (or at least maim) a person in possession of the pager. Videos purporting to show moments of detonation of these pagers, show that people close to the person with the exploding pager appear unharmed. In effect, the explosion is narrowly confined and not intended to be, like a suicide bomb, a means to kill as many people in a confined area as possible.

What about the outcome of these explosions? Apparent video evidence taken from hospitals of affected persons show adult males (i.e. military aged males) being predominately among those injured. Presumably based on statements by Hezbollah themselves and media reporting these males were affiliated with the terror organization. Hezbollah has also publicly admitted that the majority of those who dead belonged to their organization. Still, there are two minors who reportedly perished from the pager bombs (with at least one reportedly being a member of Hezbollah youth wing that trains minors to be soldiers for the organization). The death of children in conflict is always tragic. However, the general picture that emerges that there was reason for the Israelis to assume that the pagers belonged to Hezbollah members and with the information we currently have of outcome of the page bombing tends to affirm this logic.

As Professor Eugene Kontorovitch noted "A shipment of communications devices ordered by Hezbollah (the Army of God), for their specific needs, and issued to its members, does not qualify as ordinary civilian objects any more than if Israel had put bombs in Hezbollah jeeps, even though civilians also drive jeeps."
https://x.com/EVKontorovich/status/1836476527434682739
He also observed that "Given that whoever did this individually accessed the units and also had their phone numbers, it seems they would have pretty good idea whose phones they were, and thus in whose possession they could be expected to be. That is an extraordinary level of precaution. And the overwhelming proportion of fatalities appear to be Hezbollah."
https://x.com/EVKontorovich/status/1836136082783817807

For an operation to be lawful, it does not necessarily have to prove it will cause no civilian damage but that has taken proper precautions to target military objects (or persons). In effect, a hypothetical where a Hezbollah operative gave his pager to his child or where a child simply was playing with a pager would not make the act unlawful- especially if the Israelis did not have that information at the time of the mass operation.

Obviously, the technology that carried such an operation can be misused/abused like any technology can. It can be used in the commission of an act of terror (as I have strictly defined it).

Whilst I am writing, the Duran hosts also mentioned how Bibi was warcrazy about Lebanon and about how the public behind his coalition was warcrazy. I think they miss the broader picture here. Given that they argue in Russia's case that an expanding anti-Russian proxy alliance justified the invasion of Ukraine, there is a bit of rank hypocrisy in not seeing that an anti-Israel proxy alliance is the potential trigger point for a broader war. Even more so given that the declared goal of this alliance is the eradication of Israel and its replacement through a Palestinian state. Netanyahu has so far waited 11 months since the war started in Gaza after a partner of theirs (Hamas) invaded Israel and since that time this alliance has (a) fired rockets (both from Gaza, Lebanon, Iran, and Yemen) into Israeli sovereign territory, (b) issued a blockade against shipping to Israel, and (c) have inflicted causalities and fatalities among both the broader Israeli public and its military. The first two elements (and part of the third) is illegal and all of them constitute acts of war. The effect of this current round of conflict has been the evacuation of people from northern Israel and the occasional shelling of still populated in Israel by groups like Hezbollah (which would be worse if not for the Iron Dome and other such defenses). Netanyahu has plenty legitimate (that is to say legal) pretexts for war (even if an occupation of Lebanon may not be wise given the last two times Israel tried this) and the reason that the public is in such a bellicose mood. Yet, Mr. Mercouris ignores all this.

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FOOD for THOUGHT folks..... if young men have gotten to the point where "girl power" has left them with ZERO HOPE of finding a TRADITIONAL girl, with a LOW Or NO body count to settle down with and MARRY.... BUT ISLAM PROVIDES NUMEROUS VIRGIN WIVES...... WHO do yall THINK theyre gonna VOTE WITH?? BLUE HAIRED PSYCHOS telling them THEY HAVE to settle for TRANS WOMEN, OR the folks who treat women as SECOND CLASS CITIZENS, BUT provides them with MODEST WOMEN??? I KNOW which way Im gonna BET these young men go!!! 🤷‍♂️. NOT Happy about it, BUT I UNDERSTAND IT totally!!!

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The Barnes Brief, Halloween Weekend, 2026
I. THE INTRODUCTION
 

Special Notices

 
A. Art of the Day 
  • Mysterious without malevolence, a Sleepy Hollow kind of invite, in the deep woods of deep fall, the kind pumpkins waiting like hitchhikers on All Hallows Eve to greet a pleasant hello, the wavy trees just spooky enough to give a premonition of concern without too much fear, the road part inviting to the curious, part concerning to the wary traveler. Welcome to All Hallows Eve. 
 
B. Wisdom of the Day
    • “The Harvest Moon glows round and bold,
      In pumpkin shades outlined in gold,
      Illuminating eerie forms,
      Unnatural as a candied corn.
      Beware what dare crawls up your sleeve,
      For 'tis the night called Hallows Eve.” Richelle Goodrich. 
 
C. Appearances & Publications
 
 
D. Daily Picks
 
E. *Bonus: Board Post of the Day
 
II. THE EVIDENCE: BARNES LIBRARY
 
A. Food & Medicine
 
B. Economics
 
C. Politics
 
D. Geopolitics
 
E. Law
III. HOMEWORK: Ten of the Top Cases for Sunday Show
  1. Right to sue judges. https://www.courthousenews.com/wp-content/uploads/2026/10/us-v-maddox.pdf
  2. Government funded ads stopped. https://courthousenews.com/judge-blocks-3-maga-ads-over-concerns-they-breached-taxpayer-funded-propaganda-law/
  3. NFL verdict reinstated. https://www.courthousenews.com/wp-content/uploads/2026/10/ninth-circuit-nfl-opinion.pdf
  4. Zuckerberg suit. https://www.courthousenews.com/wp-content/uploads/2026/10/meta-zuckerberg-stock-control-bid-class-action.pdf
  5. 2ndA & CIA. https://courthousenews.com/fourth-circuit-considers-second-amendment-argument-from-man-arrested-near-cia-headquarters/
  6. Candace vs Macron. https://www.courthousenews.com/wp-content/uploads/2026/10/macron-owens-dismissal.pdf
  7. United sued for high costs by employers. https://www.plansponsor.com/six-employers-accuse-unitedhealth-of-breaching-fiduciary-duty/
  8. Ninth Circuit allows blocking DHS elections investigation. https://drive.google.com/file/d/1hUpCfn3tnQMXEyk7nC1yD-ls2ZHeeK19/view
  9. Abortion right questioned. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/10/30/26-5558.pdf
  10. Comey indicted. https://storage.courtlistener.com/recap/gov.uscourts.dcd.297297/gov.uscourts.dcd.297297.1.0.pdf
IV. CLOSING ARGUMENT: Classes in the Constitution — Governing Elections
  • Article I establishes how individuals become members of the House of Representatives; first, they must be “chosen every second year”; second, they must be chosen “by the People”; third, the represenation must be by the “several states”; fourth, the voters must be as broad the qualifications for voting for a member of “the most numerous branch of the state legislature.” Article I limits the qualifications for holding office to age (25 years or older), duration of citizenship (7 years minimum), and an inhabitant of the state claiming to represent (at time of election). Of note, the number of representatives within a state depend upon a required census and apportionment.
  • Article I further establishes state control over elections to federal office, subject to Congressional oversight. As Clause 2 of Section 4 of Article 1 provides: The Times, Places and Manner of holding Elections for Senator and Representatives shall be prescribed in each State by the Legislatire thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.”
  • The first aspect confers control over the “times” of “holding elections" to Congress to “each State”; the second aspect confers control over the “places” of "holding elections” to “each State”; the third aspct confers the “manner” of holding such elections to “each state.” Of note, the power conferred is not given to the state as a whole; rather, in each case, the power is conferred only upon “the legislature thereof.” Note the power is not conferred upon the judicial branch or executive branch of the state, nor to lower county , city or town functionaries of the state. The power to control federal elections is conferred solely upon the legislature of the state. Notably, Congress’ supervisory power is equally constrited to “the times, places and manner” of holding federal elections which they can only “make or alter” by a passed “law.”
  • Of particular note, the “judge of the elections, returns and qualifications” is solely the Congress itself under section 5 of Article I.  Article 2 confers no particular elections power on the Presidency. Article 3 confers no particular elections power on the Judiciary. Congress may, under its power to regulater the “times, places and manner” of elections confer power upon the executive branch or the judicial branch as it seels fit as long as it does not delegate legislative-making power to those bodies.  
  • The Constitutional qualification to it all is the Bill of Rights, restricting the state method of governing election that may condition access to the ballot or expression by the voter according to status. The First Amendment prohibits states from limiting the freedom of assemply and association, of which elections remain the paramount form. The Tenth Amendment protects the right of the people preserved against all governments. The Fifteenth Amendment protects the “right of citizens of the United States to vote” without regard to race. The Nineteenth Amendment protects “the right of citizens of the United States to vote” regardless of gender. The Twenty Fourth Amendment protects “the right of citizens of the United States to vote” regardless of “poll tax or other tax.” The Twenty Sixth Amendment protects “the right of citizens of the United States to vote” regardless of age once a person is at least 18. The broad 14th Amendment provides for Congress to pay laws protecting all property and liberty from incursion or intrusion by the state, manifested in the Civil Rights Acts and Voting Rights Act laws of Congress that, in turn, confer power upon both the Exeuctive branch and the Judicial branch accordingly.
  • Aside from matters arising under the Bill of Rights or special Congressional legislation, the Constitution otherwise confers all powers of regulating federal elections solely and exclusively to the legislature of each state. 
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The Barnes Brief: Weekend of October 24, 2026
I. THE INTRODUCTION
 

Special Notices

 
A. Art of the Day 
  • I love globes and maps, especially those with a vintage flavor or ancient maps of how we perceived the world in the past, to show quickly the world can change, how connected so many part of the world can be, the ever present reality of geography in history and contemporary geopolitics, continuing to shape the world we inhabit and how rapidly it we can shift. 
 
B. Wisdom of the Day
  • “Each betrayal begins first with trust.” Martin Luther. 

C. Appearances & Publications
 
 
D. Daily Picks
 
E. *Bonus: Board Post of the Day
 
II. THE EVIDENCE: BARNES LIBRARY
 
A. Food & Medicine
 
B. Economics
 
C. Politics
 
D. Geopolitics
 
E. Law
 
III. HOMEWORK: Ten of the Top Cases for Sunday Show
 
  1. ICE Detentions. https://s3.documentcloud.org/documents/28830924/sosnava.pdf
  2. ICE & Elections. https://www.courthousenews.com/wp-content/uploads/2026/10/california-nurses-vs-mullin-preliminary-injunction.pdf
  3. ID & Elections. https://www.courthousenews.com/wp-content/uploads/2026/10/scanlan-v-coalition-open-democracy-order-scotus.pdf
  4. DOJ sues Alaska over Senate race. https://storage.courtlistener.com/recap/gov.uscourts.akd.80263/gov.uscourts.akd.80263.1.0.pdf
  5. Bias rejected in Italy trial. https://courthousenews.com/wp-content/uploads/2026/10/berlusconi-v-italy-echr-2026-judgment.pdf
  6. Tommy Robinson trial. https://courthousenews.com/british-far-right-activist-defends-messages-to-journalists-in-harassment-trial/
  7. DEI reversal cites AI judges. https://www.courthousenews.com/wp-content/uploads/2026/10/fifth-circuit-mississippi-dei-injunction-reversed.pdf
  8. 2A win in NY. https://www.courthousenews.com/wp-content/uploads/2026/10/buffalo-fed-body-armor-ruling.pdf
  9. Instacart discrimination. https://www.justice.gov/opa/pr/civil-rights-division-and-equal-employment-opportunity-commission-secure-5000000-joint
  10. 2A protects switchblades. https://storage.courtlistener.com/recap/gov.uscourts.ca5.225116/gov.uscourts.ca5.225116.136.1.pdf
 
IV. CLOSING ARGUMENT: Classes in the Constitution — Presidential & Vice Presidential Replacements
 
  • Section 4 of Article II the Constitution provides the President “shall be removed from office on impeachment for, and conviction of, treason, bribery or other high crimes and misdemeanors.” The House gets to be the sole judge of what constitutes a "high crime and misdemeanor" for impeachment while the Senate gets to be the sole judge of what facts constitute "a high crime and misdemeanor." 
  • Clause 5 of Section 2 of Article I vests the power of Impeachment solely to the House of Representatives. Given no specific requirement as to support to impeach, the majority vote default rule presides historically.
  • Clause 6 of Section 3 of Article I vests the power to try impeachments solely in the Senate, requiring "Concurrence of two thirds of the Members present." This means Senators who absent themselves from the Chamber may be excluded potentially from the baseline required to reach two-thirds. 
  • Clause 6 of Section 1 of Article II provides that the Vice President obtains the powers of the President — “all executive powers of the federal government — “in case of” either “removal, death, resignation or inability to discharge the powers and duties of the said Office.”
  • In the instance both are removed, resigned, die, or are unable to discharge the duties, then Congress may legislate what Officer shall then act as President. The Presidential Succession Act of 1947 provides that the Speaker of the House becomes the officer who becomes President in case of Presidential and Vice Presidential absence, followed by the President Pro Tempore of the Senate, and then the cabinet in priority of when that cabinet office was first established. In that last instance, the Secretary of State is first, the Secretary of Treasury second, and the Secretary of Defense third.
  • The Twenthy Fifth Amednment slightly amends that process, still proving the succession protocols. In the case of removal, or death or resignation, “the Vice President shall become President.” Replacement of the Vice President requires Presidential nomination and “confirmation by a majority vote of both Houses of Congress.” 

 

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The Barnes Brief: Friday, October 16, 2026
I. THE INTRODUCTION
 

Special Notices

 
A. Art of the Day 
  • The old fold-down wooden desk, handcrafted by deliberate care, the little boxes to store letters and notes, the shelf above to carry papers and books, the firm backed, four quared chair with comforting armrests, above the wooden floor and near the open window, the neighboring painting on the wall, that could sit today just as it had centuries ago, taking the work of the mind back to the place our forefathers enjoyed the same. 
 
B. Wisdom of the Day
  • America is “the champion and vindicator only of her own”, a perfect articulation of America First.  John Quincy Adams. 

C. Appearances & Publications
 
 
D. Daily Picks
 
E. *Bonus: Board Post of the Day
 
II. THE EVIDENCE: BARNES LIBRARY
 
A. Food & Medicine
 
B. Economics
 
C. Politics
 
D. Geopolitics
 
E. Law
 
III. HOMEWORK: Ten Top Cases for Sunday Show
 
  1. Ex-agents sue Patel. https://www.courthousenews.com/wp-content/uploads/2026/10/fbi-agents-sue-patel-over-mar-a-lao-tied-firings.pdf
  2. Court allows non-resident voting. https://www.courthousenews.com/wp-content/uploads/2026/10/rnc-v-evnen-opinion-nebraska-supreme-court.pdf
  3. Social media limits approved. https://www.courthousenews.com/wp-content/uploads/2026/10/netchoice-v-attny-gen-georgia-eleventh-circuit.pdf
  4. California tries to stop ICE arrests. https://www.courthousenews.com/wp-content/uploads/2026/10/california-vs-ice-complaint.pdf
  5. Trans bathrooms & federal funds. https://www.courthousenews.com/wp-content/uploads/2026/10/fairfax-county-school-board-v-mcmahon-ruling.pdf
  6. Court allows sanctuary for illegals in NYC. https://www.courthousenews.com/wp-content/uploads/2026/10/sanctuary-city-dismissed-nyc-eastern-district-new-york.pdf
  7. Looted paintings. https://www.courthousenews.com/wp-content/uploads/2026/10/norton-simon-vs-jewish-federation-complaint.pdf
  8. Court demands lottery for immigrants. https://www.courthousenews.com/wp-content/uploads/2026/10/redeagle-v-rubio-ruling-101426.pdf
  9. California can’t regulate Feds. https://www.courthousenews.com/wp-content/uploads/2026/10/ninth-ciruit-no-vigilantes-act.pdf
  10. Scotus: Privacy suit. https://www.scotusblog.com/2026/10/court-appears-likely-to-allow-internet-suit-based-on-decades-old-video-privacy-law-to-go-forward/
 
IV. CLOSING ARGUMENT: Classes in the Constitution, Reminders from our Founding Fathers on Foreign Entanglements
 
Two founding documents of the founding generation’s approach to foreign entanglments consist of President Washington’s Farewell Address and John Quincy Adams July 4th speech to the House of Representatives in 1821. 
 
Cousin Adams address “on foreign policy” summarized America’s approach to foreign conflicts, by starting with America’s founding rejection of the politics of imperial empire, denouncing Britian’s “portentious system of despotism” with “oppressions of power” governed bby an appetite for “conquest” against the “claims of right” of self-governance. In such an imperial worldview “man had no rights”, where “neither the body nore the soul of the individual was his own” subjecting the people to the “impentarable gloom of this intellectual darkness, and the deep degradation of this servitude” which defined the “British nation” under its imperial mask. These imperial ambitions inflected “the delusions of all Europe” degrading the societies occupied by an intellectually and morally robust people. It was in rejection of these very ideas of empire and presumptions of imperial rule that guided the American revolution. 
 
This animating spirit requires America “respect the indpendence of other nations”, must “abstain from interference in the concerns of others, even when the conflict has been for principes to which America clings.” America “well knows that by enlisting under other banners than her own, she would involve herself beyond the power of extrictation, in all the wars of interest and intrigue, of individual avarice, envy and ambition, which the assume the colors and usrup the standard of freedom” changing her “from liberty to force” creating the hated British “Imperial Diadem, flashing in falkse and tarnished lustre the murky radiance of dominion and power” to become the “distatress of the world” and no longer “the ruler of her own Revolutartionary spirit.” 
 
America is “the champion and vindicator only of her own”, a perfect articulation of America First.  That is why America “does not go aborad searching for monsters to destroy.” America’s “glory is not dominion, but liberty.” 
 
Washington warned in his founding Farewell Address: “the nation which indulges towards another an habitual hatred or an habitual fondness is in some degree a slave. It is a slave to it animosity or to its affection.” Washington discouraged any political connections beyond economic trade with nations of the world due to the likely subsuming of a foreign nation’s cause as our own, their antipathies or adversaries as our own, substituting a foreign nation for our own in decision making. Thus the “true policy” of our founders was “to steer clear of permanent alliances with any portion of the foreign world.” 
 
These principles — avoiding the trap of imperial logic, respecting each nation’s own sovereign path, and escaping the entanglements of foreign conflicts — animated the founders. Only when we abandon these precepts and principles do we lose our way. The first promoters of America First were our founders themselves. 

 

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