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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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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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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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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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