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IlanHulkower@IlanHulkower
September 18, 2024
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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I did a quick hit on Richard Syrette yesterday. Gotta keep Canadians apprised of the U.S. madness.
Say hello to my little friend!
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We might have to call him rigatoni, so it can be Tony for sure! Lol
The Barnes Brief: Weekend of February 20, 2026
I. INTRODUCTION
A. Art of the Week
- When Picasso painted me before I was born, his portrait of famous patron saint of the arts, Ambroise Vollard. The painting struck my brother when he first saw it in person, as a biographical portrait of yours truly. The intensive, internal self-reflection expresses a true self-recognition. My favorite portrait to this day, even if only of me across the psychic plains of time and space.
B. Recommendation of the Week
- Reshore. The argument for using tariffs to reindustrialize America. https://www.goodreads.com/book/show/230408506-reshore
C. Wisdom of the Week
- “I am a tariff man, with a tariff plan, standing on a tariff platform.” President William McKinley.
D. Appearances
- LIVE w/ George Gammon https://vivabarneslaw.locals.com/post/7699318/george-gammon-interview
- LIVE w/ Daniel Davis https://vivabarneslaw.locals.com/post/7694824/live-w-lt-col-davis
- LIVE w/ Alex Jones
II. THE EVIDENCE
- 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 of Interest
- 1776 Law Center Survey: War Vote Mirrors Midterms https://www.bigdatapoll.com/blog/democrats-expand-generic-ballot-lead-in-february/
- Iran War risk. https://www.theamericanconservative.com/war-on-iran-is-the-opposite-of-realism/
- Welfare state fraud. https://www.liberalpatriot.com/p/the-democrats-fraud-problem
- Utility battles. https://prospect.org/2026/02/19/blackstone-private-equity-utility-acquisition-new-mexico-public-service-txnm-energy/
- Remembering Jessie Jackson. https://www.theamericanconservative.com/jesse-jackson-complicated-man/
*Bonus: Bald eagle rescued. https://abc7ny.com/post/nypd-officers-describe-rare-rescue-trapped-american-bald-eagle-icy-hudson-river-nyc/18616678/
B. Best of the Board: Five Fantastic Posts of the Week
- Bill Brown’s comedic relief. https://vivabarneslaw.locals.com/post/7704528/title
- Jonathan’s prayer. https://vivabarneslaw.locals.com/post/7704685/morning-daily-prayer-heavenly-father-i-thank-you-for-blessings-everyday-i-thank-you-for-my-beloved
- Meme magic. https://vivabarneslaw.locals.com/post/7704745/title
- Bountiful art. https://vivabarneslaw.locals.com/post/7704798/title
- Board thoughts on Iran war. https://vivabarneslaw.locals.com/post/7700010/board-poll-war-in-iran
*Bonus: Bondi mockery. https://vivabarneslaw.locals.com/post/7703469/spotted-all-over-washington-dc-while-i-normally-don-t-share-the-political-views-of-people-in-dc
**Bonus: Weekly Wisdom. https://vivabarneslaw.locals.com/post/7704649/the-intersection-of-politics-youtube-commentary-and-critical-traffic-infrastructure-https-you
C. Homework: Cases of the Week for Sunday
- SCOTUS: Tariffs. https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf
- Facebook trial. https://courthousenews.com/safety-was-someone-elses-problem-ex-facebook-vp-says-in-teen-social-media-trial/
- Jury bias in Musk case. https://courthousenews.com/contempt-for-musk-clouds-jury-selection-in-twitter-takeover-trial/
- Amazon death. https://www.courthousenews.com/wp-content/uploads/2026/02/amazon-nitrite-washington-supreme-court-2.pdf
- Virginia redistricting stalls. https://www.courthousenews.com/wp-content/uploads/2026/02/tazewell-injunction.pdf
- British ex-royal arrested. https://courthousenews.com/ex-prince-andrew-arrested-on-suspicion-of-sharing-sensitive-documents-with-epstein/
- Firetruck monopoly. https://www.courthousenews.com/wp-content/uploads/2026/02/mke-v-fire-truck-manufacturers.pdf
- ICE churches. https://www.courthousenews.com/wp-content/uploads/2026/02/synod-v-dhs-ice-injunction.pdf
- Tina Peters denied bond. https://www.courthousenews.com/wp-content/uploads/2026/02/people-tina-peters-order-bond.pdf
- Slushie fraud. https://www.courthousenews.com/wp-content/uploads/2026/02/slush-puppie-forged-email-with-icee.pdf
- The HP merger case. https://business.cch.com/ald/USvHewlettPackardEnterpriseCo122025.pdf
- Tunney Act Trump DOJ risks. https://prospect.org/2025/07/29/2025-07-29-law-could-blow-open-trump-antitrust-corruption/
*Lobbyist disclosure laws. https://www.law.cornell.edu/uscode/text/2/chapter-26
**Lobbying disclosure guidelines. https://www.senate.gov/legislative/resources/pdf/S1guidance.pdf
***Transanity in Canada. https://vivabarneslaw.locals.com/post/7704549/tribunal-ruling-out-of-british-columbia-canada
III. CLOSING ARGUMENT: Constitution Masterclass Series — Article I, Tariffs
- Article I, section 7 enumerates the power “for raising revenue” to the legislative branch of Congress, commencing with the House and continuing onto the senate.
- Article I, section 8, clause 1 enumerates the power “to lay and collect taxes, duties, imposts and excises” to the legislative branch in Congress.
- Article I, section 8, clause 3 enumerates the power “to regulate commerce with foreign nations” to the legislative branch in Congress.
- Article I, section 8, clause 5 enumerates the power to “fix the standard of weights and measures” to the legislative branch in Congress.
- Article I, section 8, clause 10 enumerates the power to “define and punish” those “offenses against the law of nations” to the legislative branch in Congress.
- Article I, section 8, clause 11, enumerates the power to “declare war” as well as “grant letters of marque and reprisal” and “make rules concerning captures on land and water,” to the legislative branch in Congress.
- Article I, section 8, clause 18 enumerates the power to “make all laws” that “shall be necessary and proper” for effectuating those other enumerated powers itemized above in the tariff context.
- Article I, section 10, clause 2 prohibits states from imposing any imposts or duties on imports or exports except as necessary for inspections.
- In aggregate and in particular, the Constitution enumerates to the legislative branch the power to tariff. Hence, any claim of Presidential power to tariff must derive from delegated authorizations issued by Congress. This runs into the NonDelegation doctrine.
- Article I, Section I enumerates “all legislative powers” must be exclusively “vested in a Congress” not the executive or judicial branch of government. Thus, the act of a tariff imposition by the President must be both exclusively authorized by Congress and not be a “legislative act” within the meaning of Article I, Section 1. That construction depends largely on the Supreme Court’s construal of it over time, which is beyond the plain text of the Constitution.
- Short answer: had Trump stayed strictly within the tariff authorization delegations of Congress, and without looking like “making law” in the process, then his tariffs could win judicial assent. Trump’s failure to follow those guidelines — as advised to do by Commerce Secretary and Epstein Class graduate Howard Lutnick, whose sons profit billions from the court striking down the tariffs — buried his chance at tariff approval by the Supreme Court, unfortunately.
The Barnes Brief, Valentine's Weekend, 2026
I. INTRODUCTION
A. Art of the Week
- All I want for Valentine's is Lady Justice. Archangel Michael delivering justice, as we need for those in the Epstein Class.
B. Recommendation of the Week
- Before Epstein Files, there was The Whistleblower. https://www.goodreads.com/book/show/9258131-the-whistleblower
C. Wisdom of the Week
- “I weep for the liberty of my country when I see at this early day of its successful experiment that corruption has been imputed to many members of the House of Representatives, and the rights of the people have been bartered for promises of office.” Andrew Jackson.
D. Appearances
- LIVE w/ Alex Jones https://vivabarneslaw.locals.com/post/7681357/live-w-alex-jones
- LIVE w/ Nina Infinity
- LIVE w/ That Star Wars Girl
II. THE EVIDENCE
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: Ten of the Top Curated Weekly Articles
- The Epstein elite. https://www.zerohedge.com/political/unsettling-truths-epstein-files-reveal-about-power-and-privilege
- Corruption of the academy. https://www.theatlantic.com/magazine/2026/03/mellon-foundation-humanities-research-funding/685733/
- Israel 1st wants to end Free Speech. https://www.realclearpolitics.com/articles/2026/02/13/is_free_speech_really_the_highest_value_153834.html
- Nobody likes Newsom. https://www.liberalpatriot.com/p/gavin-newsom-youre-no-bill-clinton
- Hawley-Warren bill seeks to end monopoly in medicine. https://www.thebignewsletter.com/p/senators-seek-to-smash-big-medicine
- Polymarket grocery stores. https://unherd.com/newsroom/inside-polymarkets-free-public-grocery-store/
- Security State. https://greenwald.substack.com/p/amazons-ring-and-googles-nest-unwittingly
- Housing market woes. https://substack.com/home/post/p-187448844
- Leverage risks. https://quoththeraven.substack.com/p/countdown-to-detonation-americas
- Epstein network. https://epstein-doc-explorer-1.onrender.com
B. Homework: Cases of the Week for Sunday
- Texas AG joins Dr. Bowden. https://www.texasattorneygeneral.gov/sites/default/files/images/press/Bowden%20Intervention%20(Filed)_0.pdf
- Alex Jones sues. https://www.scribd.com/document/997131709/Alex-Jones-Amended-Counterclaim-for-Filing-In-The-United-States-Bankruptcy-Court-For-The-Southern-District-Of-Texas
- Gail Slater removed. https://www.thebignewsletter.com/p/trump-antitrust-chief-ousted-by-ticketmaster
- I will sue Mike Davis. https://x.com/barnes_law/status/2022467828255768629?s=20
- Wisconsin election integrity takes a loss. https://www.courthousenews.com/wp-content/uploads/2026/02/wisconsin-ballot-spoiling-ban-reversed.pdf
- Texas election integrity gets a win. https://www.ca5.uscourts.gov/opinions/pub/24/24-50783-CV0.pdf
- Two big 2A cases in 3rd. https://courthousenews.com/two-third-circuit-hearings-could-reshape-nations-second-amendment-rights/
- Another TPS order blocked. https://www.courthousenews.com/wp-content/uploads/2026/02/african-communities-v-noem-mass-ruling.pdf
- Epstein BOA suit goes forward. https://www.courthousenews.com/wp-content/uploads/2026/02/doe-v-bank-of-america-new-york-ruling.pdf
- Dollar Tree death. https://www.courthousenews.com/wp-content/uploads/2026/01/max-antonio-garay-v-dollar-tree.pdf
- Boasberg latest insanity. https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2025cv0766-247
- Trump immigration win. https://www.phelps.com/a/web/r5pKxiJkFZ7QKozjTbS8V2/ca5detention.pdf
*Bonus: Livenation Ticketmaster Antitrust https://www.hollywoodreporter.com/music/music-industry-news/live-nation-doj-lawsuit-after-gail-slater-resignation-1236504011/
**Bonus: NCAAF eligibility suit. https://www.knoxnews.com/picture-gallery/sports/college/university-of-tennessee/football/2026/02/13/joey-aguilar-eligibility-hearing-tennessee-vs-ncaa/88659399007/
***Bonus: AI plagiarism win. https://www.newsday.com/long-island/education/adelphi-university-ai-plagiarism-lawsuit-oh07enyz
C. Best of the Board: Ten of the Top Posts
- Too much truth. https://vivabarneslaw.locals.com/post/7688284/best-explanation-of-our-two-party-system-benowen
- Life on the line. https://vivabarneslaw.locals.com/post/7687846/god-bless-and-protect-thomas-massie
- Prayer & a cute dog. https://vivabarneslaw.locals.com/post/7688117/daily-prayer-2-0-heavenly-father-give-us-comfort-and-wisdom-allow-us-to-trust-your-judgement-and-y
- Surf. https://vivabarneslaw.locals.com/post/7688060/pipeline-hawaii
- Real diversity. https://vivabarneslaw.locals.com/post/7688513/title
- Hush Hush ideas. https://vivabarneslaw.locals.com/post/7688104/robertbarnes-just-saw-a-news-article-talking-about-the-great-chicago-fire-being-started-by-communis
- Wisdom. https://vivabarneslaw.locals.com/post/7687331/title
- Bill Brown Proverbs. https://vivabarneslaw.locals.com/post/7686413/title
- Truth. https://vivabarneslaw.locals.com/post/7684892/title
- My answer is Yes. https://vivabarneslaw.locals.com/post/7687202/does-god-answer-your-prayers-i-ask-because-i-pray-everyday-whether-typed-down-here-or-mentally-reci
III. CLOSING ARGUMENT: Constitution Masterclass Series — Article I, Elections
- Article I, section 4 empowered the legislative branch of the federal government — the Congress — “may at any time by Law make or alter such Regulations” otherwise set by the legislatures of the state governing the “elections for Senators and Representatives” except to the Places of chusing Senators, later modified by the Seventeenth Amendment. Each House can further be the “Judge of the Elections, Returns and Qualifications of its own Members” including the power to expel “with the Concurrence of two thirds.” The Constitution affords no express power to Congress to elect the President or elect those to state or local office. And remember, Article I powers are constricted to those “herein granted” explicitly within the Constitution.
- Representatives must be “apportioned” amongst the States “according to their respective Numbers”, a determination made by “adding to the whole Number of free Persons” certain individuals no longer referenced after the Fourteenth Amendment. The “actual enumeration” of this apportionment “shall be made…within every subsequent Term of ten Years, in such Manner as they shall by Law direct.” The original intention was that there were at least one representative for “every thirty Thousand”.
- The Fourteenth Amendment modified these provisions by stating representatives be apportioned “to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed.” Of note, the provision also stripped representation of any state which limited Presidential electors beyond the limits of gender, age, citizenship, crime, or rebellion.
- The Fifteenth Amendment modified these provisions further by providing a “right of citizens of the United States to vote” and that such a right could not be denied on basis of race.
- The Seventeenth Amendment modified these provisions further by providing that the “people thereof” elect the Senators instead of the legislative branches of those state governments.
- The Nineteenth Amendment modified the provisions even further by expanding the Fifteenth Amendment’s right of citizens to vote to women.
- The TwentyFourth Amendment modified these provisions even further by holding the right of the citizens to vote in federal elections could not be limited based on taxes, including poll taxes.
- The Twenty-Sixth Amendment expanded these voting rights to include those 18 years of age or older that are citizens.
- Each of these Amendments repeated: “the right citizens of the United States to vote” as the entire premise of these Amendments to the Constitution for governing elections. Yet, somehow, the courts held in 2020 no such right existed to even afford standing to request judicial relief from stolen elections for the highest office in the land, and even when brought between states for the only nationally elected office?
