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Another Captive Agency Weaponized Against White House Critics
NOAA launches investigation of 30-year-old carcass while allowing offshore wind titans to harm whales, including the critically endangered North Atlantic right whale.
by Robert F. Kennedy, Jr.

On September 4, I received a letter from Mr. Todd J. Smith, Assistant Special Agent in Charge of the National Marine Fisheries Service, United States Department of Commerce. In the letter, the agency states that they are investigating the alleged claim that I collected a specimen from a rotting carcass found on a Massachusetts beach in 1994. It claims that I may have violated the Marine Mammal Protection Act.

The agency sent its letter just 12 days after I endorsed President Trump on August 23, raising the concern that this investigation is yet another instance of the systematic weaponization of federal enforcement agencies against White House critics.

Here’s my response to his letter, which I sent to Mr. Smith on Oct. 8:

October 8, 2024

RE: Alleged Violation of the Marine Mammal Protection Act

Mr. Smith:

This is my response to your inquiry about the unsubstantiated allegation that my collection, in 1994 on a Massachusetts beach, of a specimen from a rotting carcass may have violated the Marine Mammal Protection Act. I never collected a whale specimen in Massachusetts or transported marine mammal specimens across state lines, nor do I have such a specimen in my collection.

While I am impressed with the alacrity with which the National Marine Fisheries Service (NMFS) launched its investigation of the fate of a 30-year-old specimen, the rapid reaction contrasts sharply with your stubborn intransigeance in addressing the apparent massacre of marine mammals by the offshore wind industry. Recently approved offshore wind farms appear to be putting several protected dolphin and whale species, including the critically endangered North Atlantic right whale, in dire crisis.

Your agency has idly watched the approval of 30 offshore wind leases from Maine to North Carolina effectively privatizing 2.3 million acres of ocean bottom, mostly on extremely productive fishing grounds and critical habitat for migratory whales and other marine mammals, including the critically endangered North Atlantic right whale.

Many Americans suspect that your agency’s anemic response to this serious emergency may be rooted in its reluctance to obstruct the profit ambitions of a politically powerful cabal of energy titans including Dominion, Shell, and General Electric, and U.S. financial houses Goldman Sachs, BlackRock, Wells Fargo, Citibank, J.P. Morgan, and Blackstone. These firms either directly own or are funding projects by foreign energy behemoths including Equinor (Norwegian government), Ørsted (Danish state majority-owned), Iberdrola (Spain), and TotalEnergies (France). The backing by those U.S.-based financial houses allows foreign governments and foreign-owned wind developers to collect tens of billions of dollars in U.S. subsidies and tax credits. These subsidies are provided for by the Inflation Reduction Act, President Biden’s signature “environmental” legislation. In the U.S., offshore wind is an environmentally destructive boondoggle. No financial institution will fund these projects in the absence of obscene government subsidies. Offshore wind farms produce energy 300% more expensive than cheap and abundant onshore wind, which I strongly support.

These companies, based on present offshore wind construction plans that have been approved or are in the process of being approved, will pile-drive 2,200 offshore wind turbines into the ocean floor at intervals of one mile or less across 5,816 square miles. Each turbine with blades will be approximately 1,000 feet tall, on par with the height of the Eiffel Tower.

The advent of the first wind project on Block Island and the arrival of seismic survey boats in 2016 and 2017 were coterminous with an alarming uptick in unexplained whale deaths so unusual that the NOAA Office of Protected Resources declared three Unusual Mortality Events (UMEs): one for humpbacks, one for minke, and one for North Atlantic right whales. The North Atlantic right whale has a total population of fewer than 360 individuals, so every stranding poses a threat to its total extinction.

Prior to the inception of increased seismic survey and construction activity for the wind industry, ship strikes killed 1.4 humpbacks annually from Maine to Virginia. In 2016, as the offshore wind gold rush gathered steam, 26 humpbacks stranded from Maine to North Carolina. Fifteen more stranded from January to April of 2017. Of the 20 humpback whales that were necropsied from that time period, 10 of them were ship strikes. There was no increase in shipping during this period. The only thing that changed was a flurry of offshore wind survey boats, from Massachusetts to North Carolina.

Mass deaths have increased in lockstep with expanding exploration and construction activities. In the 13 months beginning in December of 2022, there were 85 large whale strandings on the East Coast with zero entanglements. A total of 109 large whale deaths occurred from December 1, 2022, through June 6, 2024, mostly within range of offshore wind survey and construction vessels. This amounts to an average of 5.7 dead whales a month for 19 months — a record number of dead whales the likes of which have not occurred in a lifetime. Hundreds of dolphins and porpoises have also died. Only last month, a dead humpback washed ashore on Block Island in the vicinity of the Revolution Wind wind farm, and a dead fin whale landed on Cupsogue Beach on Long Island after being seen the day before floating 12 miles south of Shinnecock, while a young minke whale was found alive struggling in the surf in Montauk, only to die and then to float out to sea.

In September of 2020, 17 environmental groups conveyed to NMFS their “profound concerns” about NMFS’s systematic coddling of the offshore wind farm industry. In that letter, they discussed the 12 previous comment letters they submitted to NMFS since 2018 identifying your agency’s multiple failures in enforcing the Marine Mammal Protection Act (MMPA). They repeatedly urged your agency to “require even stronger protections … for marine site characterization surveys required for offshore wind development” in compliance with the MMPA. Despite their urgings, NMFS has taken no meaningful steps to mitigate the massacre.

Instead of calling an immediate moratorium on offshore wind development, government regulators continued to permit lethally deficient Incidental Harassment Authorizations (IHAs) that allow the wind farm industry to “take” Atlantic whales by the drove. Your reckless dereliction of your statutory obligations to protect these magnificent creatures has resulted in up to 108 vessels conducting geophysical survey activities over more than 10,000 survey days from 2017 to 2022. Independent analysis of your own data suggests that these activities have already resulted in more than 113,000 instances of “taking” of marine mammals, including 402 North Atlantic right whales, 647 endangered fin whales, 53 endangered sei whales, 93 endangered sperm whales, 494 humpback whales, 329 minke whales, and 12,493 harbor porpoises. These are all noise-vulnerable marine mammal species.

Newer analysis conducted in 2023 predicted that when NOAA’s currently authorized offshore wind activities were combined with then-proposed and yet-to-be-authorized offshore wind activities, the impacted number of marine mammals would rise astronomically to over 630,000 animals. Industry proposals included up to 996 requests for Level B harassment takes of critically endangered North Atlantic right whales. That number is now almost triple the population size of the species, suggesting that the species may go extinct as a result of your hand-sitting. NOAA has approved just one project off the coast of New England that, on its own, will “take” 126 North Atlantic right whales.

On January 9, 2023, after six large whales had stranded on New Jersey and New York beaches in as many weeks, five grassroots environmental groups demanded a federal investigation into the whale deaths.

They also submitted a letter to President Biden demanding:

“an immediate investigation into the marine mammal mortalities from Cape May, NJ, to Montauk Point, NY, and/or beyond, be conducted by qualified scientists including those of the National Marine Fisheries Service (NMFS) and a halt to all current lessees’ offshore wind energy development activity within the Atlantic Ocean from Cape May, NJ, to Montauk Point, NY, including assessment, characterization, and construction-related activities until an investigation has been conducted.”

Instead of vigorously investigating these mortalities and taking steps to end this massacre, your agency has bent over backwards to enable the slaughter to continue. NOAA has protected the offshore wind industry — with its strong connections to the Democratic Party — by refusing to conduct basic science that might link the slaughter to industry activities. This strategic lethargy in conducting vital and obvious studies allows your agency, and by extension, the wind industry, to conveniently claim, as Benjamin Laws did on January of 2023, “There is no information supporting that any of the equipment that’s being used in support of wind development for these site characterization surveys could directly lead to the death of a whale.”

I offer just one of many examples of this species of agency sandbagging: The fin, humpback, minke, sei, and right whales that are now dying in droves are all part of the Mysticetes family of whales that all hear in low frequency. Yet your agency has stubbornly refused to collect direct hearing data from large whales to determine whether offshore wind survey boats and seismic survey machinery are emitting sounds within this hearing profile.

Here is another example: In the Gulf of Mexico, NOAA requires immediate survey shutdowns in the event of live mammal strandings or millings within 50 km of oil and gas survey activity. In deference to powerhouse offshore wind titans, NOAA has ignored those long-standing IHA rules for offshore wind in the Atlantic, despite the fact that the Gulf of Mexico surveys use the same equipment as the Atlantic surveys and NOAA permits the same levels of marine mammal impacts for both.

Furthermore, only Atlantic offshore wind surveys are expected to impact multiple endangered whale populations, and only in the Atlantic have energy development activities coincided in time and space with unprecedented whale deaths. This suggests that federal agencies should be providing more protections for impacted marine mammals in the Atlantic, not less. Yet NOAA continues to turn a blind eye, inexplicably applying weaker Marine Mammal Protection Act standards for Atlantic wind farms than for identical High-Resolution Geophysical (HRG) surveys in the Gulf of Mexico. The Marine Mammal Protection Act does not allow for differential application to the same activity; it is designed to protect mammals, not foreign energy companies and their Wall Street financiers.

Your agency has also stonewalled the issuance of uniform necropsy protocols that might point a finger at offshore wind. It’s obvious that the standardized protocol should include early examination of ear damage in dead whales. Despite the pleadings of the environmental community, you have refused to recommend this procedure. This step is so fundamental that it suggests a deliberate dereliction. In fact, your agency actually allows what partial or full necropsies of dead whales do occur to be conducted by Marine Mammal Stranding Network partners that have been funded by offshore wind companies and even maintain offshore wind executives, lobbyists, and third-party contractors on their board, ensuring that no “investigation” taken by such NOAA partners is objective.

In addition, commercial fishermen complain that the areas around the turbines — the Atlantic cod’s critical spawning grounds — have been emptied of fish. This outcome is consistent with your agency’s early warning that the turbines may cause the collapse of the cod fishery.

You sent the investigatory letter to me on September 4, just 12 days after my August 23 endorsement of President Trump, raising the issue that this investigation is yet another salient in the systematic weaponization of federal enforcement agencies against White House critics.

You acknowledge that you launched your investigation publicly on August 26, at the urging of the Center for Biological Diversity, a formerly effective NGO that now functions as a subsidiary of the DNC.

Your enthusiasm in launching an investigation based upon an unsubstantiated anecdote of a specimen collected from a rotting corpse three decades ago compares unfavorably with your abject failure to stop, much less investigate, the ongoing slaughter of whales by politically connected energy companies and financial houses that number among the Democratic Party’s biggest patrons. Your agency’s systematic insouciance is likely to result in the permanent extinction of the very species you are charged with protecting. Please let me know the steps that you plan to take to avert this agency-sanctioned calamity to Atlantic whale populations.

https://robertfkennedyjr.substack.com/p/rfk-jr-kennedy-whale-investigation

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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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Robert Barnes@RobertBarnes
March 06, 2026
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The Barnes Brief: Weekend of March 6, 2026

I. INTRODUCTION

A. Art of the Week

  • Roulette wheel, around, around she goes, and where she ends, nobody knows. A line from a film favorite, The Good Thief. Einstein said it could only be beat in infinity, but as the character says in the film — Einstein didn’t believe in luck. The only game of chance I ever care to play, following the wisdom of my former client and old friend, Wesley Snipes: always bet on black. Let luck be a lady, and not abandon us yet. 

B. Recommendation of the Week

C. Wisdom of the Week

  • “If wars can be started by lies, then peace can be started by truth.” Julian Assange. 

D. Appearances

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

  1. Trump kills MAGA. https://www.theamericanconservative.com/the-iran-war-has-ended-the-trump-coalition/
  2. Corny Cornyn. https://thefederalist.com/2026/03/05/10-times-john-cornyn-betrayed-trump-and-maga/
  3. Divorce Israel. https://prospect.org/2026/03/05/israel-america-alliance-iran-war-trump-rubio-netanyahu/
  4. Bye-bye One-Eyed McCain. https://unherd.com/newsroom/dan-crenshaw-lost-maga-voters-a-long-time-ago/?edition=us
  5. Delusions in Arabia. https://unherd.com/watch-listen/iran-strikes-expose-israels-permanent-war-doctrine/?edition=us

 *Bonus: Super Honey. https://www.goodnewsnetwork.org/scientists-make-a-super-honey-using-cocoa-bean-waste-for-chocolatey-heart-healthy-jolt/

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

  1. Wisdom. https://vivabarneslaw.locals.com/post/7745503/here-s-the-simple-calculus-1-if-you-can-t-question-it-it-s-a-psyop-2-if-they-call-you
  2. Art every day. https://vivabarneslaw.locals.com/post/7745081/title
  3. Proverb. https://vivabarneslaw.locals.com/post/7745312/my-conclusion-is-revolution-from-above-only-benefits-those-above
  4. Prayers. https://vivabarneslaw.locals.com/post/7744953/daily-morning-prayer-o-heavenly-father-forgive-us-of-our-sins-and-trespasses-give-president-trump
  5. Said it as well as anyone could. https://vivabarneslaw.locals.com/post/7744989/robertbarnes-epic-fury-nah-more-like-epic-frustration

*Bonus: Chase Hughes truth. https://vivabarneslaw.locals.com/post/7742399/great-quote-by-chase-hughes

C. Homework: Cases of the Week for Sunday

  1. SCOTUS: Asylum review. https://www.supremecourt.gov/opinions/25pdf/24-777_9ol1.pdf
  2. SCOTUS: State immunity. https://www.supremecourt.gov/opinions/25pdf/24-1021_p860.pdf
  3. SCOTUS: Trans disclosures. https://www.supremecourt.gov/opinions/25pdf/24-1021_p860.pdf
  4. Massie’s Iran War Resolution. https://www.congress.gov/bill/119th-congress/house-concurrent-resolution/38/text
  5. Trump tariffs challenged. https://www.courthousenews.com/wp-content/uploads/2026/03/dem-attorneys-general-sue-trump-tariffs-complaint.pdf
  6. Noem out. https://x.com/lukerosiak/status/2029613423592452409?s=20
  7. 9th Circuit affirms Trump on refugees. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/05/25-1939.pdf
  8. 9th Circuit affirms judicial limits on immigration review. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/05/24-4137.pdf
  9. Meta’s not so private glasses. https://www.courthousenews.com/wp-content/uploads/2026/03/bartone-vs-meta-complaint.pdf
  10. Tik Tok sale contested. https://www.courthousenews.com/wp-content/uploads/2026/03/public-integrity-project-tiktok-us-assets-sale-lawsuit-dc-circuit.pdf
  11. Win Against DEI. https://www.campusreform.org/article/judge-blocks-california-dei-speech-mandate/29494
  12. Zoning & county authority. https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20M2022-01562-SC-R11-CV.pdf.

*Bonus: Psychic fortune telling turns sour. https://www.insidehighered.com/news/quick-takes/2026/03/04/professor-accused-murder-tiktoker-awarded-10m

**Bonus: Uber loses. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/04/25-228.pdf

***Bonus: Not so honest sleep gummies. https://www.courthousenews.com/wp-content/uploads/2026/03/perkins-procter-ruling-030526.pdf

III. CLOSING ARGUMENT: The SAVE Act Is Constitutional

  • Article I, Section 3 of the Constitution provides for Congress to regulate Congressional elections, providing that the times, places and manner for holding state rules governing such elections to federal legislative office  “may at any time by law” be altered by Congress. 
  • Article IV, Section 2 provides that citizens of each state must be entitled all the privileges and immunities of citizens in the several states, while Article IV, Section 4 requires the federal government to”guarantee to every state” a “republican form of government.” 
  • Amendment XIV recognizes “the right to vote” for “citizens of the United States,” with Section 5 giving Congress the power to enforce.  
  • Amendment XV recognizes the “right of citizens of the United States to vote”, again affording Congress the power to enforce. 
  • Amendment XIX recognize again “the right of citizens of the United States to vote” and provides Congress the power to enforce.  
  • Amendment XXIV again reinforces “the right of citizens of the United States to vote” with Congress afforded power to enforce. 
  • Amendment XXVI again reinforces “the right of the citizens of the United States to vote” with Congress empowered to enforce. 
  • The Safeguard American Voter Eligibility Act, the so-called SAVE Act, enforces these Constitutional protections and legislative powers. 
  • First, the SAVE Act does not purport to govern anything other than federal elections. 
  • Second, the SAVE Act focuses on limiting voting to “the citizens of the United States” with documentary proof required.
  • As such, the SAVE Act simply enforces the Constitutional protections for citizens the right to vote by assuring their vote isn’t diluted by non-citizens. 
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