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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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Holiday breakfast idea

Pac-Man breakfast.

Salami & eggs.

Just don’t screw it up the way I did 😂

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Thus is one of the documents that was disclosed yesterday.

No joke. At first, I thought it was a joke, then had to find it myself.

https://www.justice.gov/epstein/files/DataSet%203/EFTA00005586.pdf

00:00:17
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Out for a ride with Ethan this morning. Nature class at homeschooling. Lol Look what we captured!

00:01:09
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Appearance on Richard Syrette

I did a quick hit on Richard Syrette yesterday. Gotta keep Canadians apprised of the U.S. madness.

Appearance on Richard Syrette
The Barnes Brief, Podcast Format: Monday, July 17, 2023

Closing Argument: Birthright citizenship is deeply American, and wholly Constitutional.

The Barnes Brief, Podcast Format: Monday, July 17, 2023
Declaration of Independence

Audio podcast style.

Declaration of Independence
Merry Christmas!

Internet here sucks. Communist takeover. Or maybe just bad connection. 😂

Dear locals: May you have a merry Christmas, spend time with family and the people you love. I will wish everyone happy New Year’s in the Khors, but enjoy tonight and tomorrow.

Godspeed. God bless. Thank you all for being here. Enjoy this time with family.am

I, on the other hand, going crazy.

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December 23, 2025
I think my dad is certifiably “demented”

I put the word demented in quotes because it was literally his word. Lol.

I initially used a different word which I will not mention.

He thinks we no longer look alike.

The waitress said she immediately knew I am his son.

He thinks she’s exaggerating. I think she has two eyes.

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Heads up for stream today

It might be late, or not at all. In transit, and it will be dependent on the communist Internet connection situation.

Will definitely upload pics shortly :-)

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The Barnes Brief: Week of December 19, 2025

I.   INTRODUCTION

A. Art of the Day

Christmas music, my favorite season thanks to my father, by wondrous choirs, which also was my father’s favorite form of Holiday cheer. This particular album from the Vienna Boys Choir.

B. Wisdom of the Day

“Ignore them, and you get Fuentes, but worse.” Carl Benjamin on young men in the west.

C. Cultural Recommendation

Greatest Christmas movie ever. https://www.imdb.com/title/tt0097958/

D. Appearances

  • LIVE w/ Tom Woods
  • LIVE w/ Dr. Bowden & Brook Jackson

II.   THE EVIDENCE

 *Note: A reminder — links are NOT endorsements of the ideas contained therein. The Library is big, and it often consists of ideas I do not personally share, but whose ideas are worth further exploring.

A.  Daily News of Interest

  1. Erika Kirk announces support for Vance 2028. https://www.msn.com/en-us/news/politics/erika-kirk-endorses-jd-vance-for-president/ar-AA1SEd5F
  2. Left populism rebuild. https://www.liberalpatriot.com/p/the-future-of-the-left-in-the-21st-ef0
  3. Big MAHA wins on trans interventions. https://www.themahareport.com/p/breaking-kennedy-signs-medical-declaration
  4. Somali fraud. https://archive.is/lMATr
  5. Georgia comes clean on 2020, in part. https://thefederalist.com/2025/12/17/fulton-county-we-dont-dispute-315000-votes-lacking-poll-workers-signatures-were-counted-in-2020/

*Bonus: Kimchi heals. https://www.sciencedaily.com/releases/2025/12/251216081945.htm

B. Daily Deep Dive: Zoomer Men Rebel

  1. Zoomer men missing relationships. https://isaiahmccall.substack.com/p/gen-z-men-have-given-up-on-dating
  2. Condemned for their gender. https://yougov.co.uk/society/articles/52863-young-men-masculinity-and-misogyny
  3. No good jobs. https://fortune.com/2025/08/25/gen-zers-neets-jobless-men-unemployed-higher-rates-women-healthcare-coding-ai/
  4. No home. https://fortune.com/2025/12/12/gen-z-giving-up-on-owning-home-spending-more-saving-less-working-less-risky-investments/
  5. Carl Benjamin explains.

*Bonus: Hollywood attacks young men. https://slate.com/culture/2024/11/entertainment-hollywood-masculinity-male-role-models-movies-tv-social-media.html

C. Cases of Consequence

  1. Brown University murder case. https://www.the-independent.com/news/world/americas/crime/claudio-neves-valente-reddit-brown-shooting-b2887811.html
  2. Epstein Files release.
  3. Bongino retires. https://x.com/barnes_law/status/2001725595022160288?s=20
  4. Judge convicted. https://www.npr.org/2025/12/18/nx-s1-5648584/judge-hannah-dugan-guilty-obstruction-ice
  5. 1stA & immigration judges. https://www.courthousenews.com/wp-content/uploads/2025/06/opinion-immigration-judges-free-speech-trump.pdf
  6. Maryland reparations legislation. https://apnews.com/article/slavery-reparations-wes-moore-veto-maryland-9c134edbf0410228035743a8dc546171
  7. Luigi. https://courthousenews.com/luigi-mangione-faces-uphill-battle-after-marathon-evidence-hearing/
  8. 1A & new antisemitism laws. https://www.courthousenews.com/wp-content/uploads/2025/11/antisemitism-lawsuit.pdf
  9. Minnesota whistleblower suit: bogus child abuse grant scam. https://www.courthousenews.com/wp-content/uploads/2025/12/sharon-vs-harper-complaint.pdf
  10. Walmart sexual assault. https://www.courthousenews.com/wp-content/uploads/2025/12/walmart-could-have-foreseen-sexual-assault.pdf

*Bonus: Baby Shark suit. https://ww3.ca2.uscourts.gov/decisions/isysquery/892398f9-ac03-458a-8ba1-dce37861e63c/1/doc/24-313_opn.pdf#xml=https://ww3.ca2.uscourts.gov/decisions/isysquery/892398f9-ac03-458a-8ba1-dce37861e63c/1/hilite/

III.     Best of the Board: Trump Admin Grade

On the 1st year of the 2nd term of the Trump administration

  • UncleBugbite: I'm a young man with decades ahead of me to suffer under our bullshit kleptocracy. Sure, Kamala Harris isn't president right now. But Trump's absolute failure to address the structural problems is laying the groundwork for something much worse and better prepared than stupid Kamala Harris, with a desperate population willing to risk more extreme measures for any sort of relief. Trump's weakness is wasting the tiny opportunity we had to fix things, and frankly I'm terrified.
  • JoeKD: This Country was a FUCKING MESS. You just don't clean up a Mess like that in 9 months. Give the man some time. It'll get there. As far as Foreign Affairs goes, he needed to spend alot of time on that to get our Allies back in line.
  • TJefferson: Positives: Immigration/border; JD vance/RFK jr/Tulsi; Multiple pardons; A single month of DOGE. Negatives: Everything else
  • Iceni2103: what are we comparing it to? compared to the alternative, it is B+ to A range. Kamala or Biden 2 would have been an utter disaster. compared to the promises: D+? some good things (mostly border, hard changes to trade, and some executive reforms), but he is falling down way too much (hyping up 'peace deals' that don't last, warmongering Venezuela, dragging out Ukraine, unforced errors on staffing and by extension big issues like Epstein, DOGE/BBB, and MAHA, listening to neo-cons like he needs to please them, focus on donors not voters).
  • Bdmichael09: The only thing hes actually done that truly matters is stop the insane flow of mass migration. That is great, but he hasn't delivered really on anything else. Russia/Ukraine is still a shit show. He bends over and takes it up thr ass for Israel daily rather than put them in their place as the welfare recipients of the US that they are. This nonsense with Venezuela needs to stop, now. He hasn't handled any of the corruption in the bureaucratic state. His push to lower interest rates is a recipe for disaster. We need more restrictive monetary policy after the covid insanity, not easy money policy. Its going to take at least a decade to recover from those awful Congressional decisions in 2020 and 2021. He hasn't actually held the DEI bureaucracy to account in Universities. Many universities kept all of the DEI people but renamed the departments/roles and there has been 0 follow up on actually stomping that out.
  • Ktrimbach: I go back and forth between B- and C+. He’s still the best President of my life (starting with Nixon), but Oh so much less than he could be!

IV.    Closing Argument: The Constitution, Article 1, The Power of Impeachment

  • Aside from the power of the purse, the other principal power afforded the legislative branch is the power to remove executive officers, including the President and Judges, in the power of Impeachment.
  • As always, we start, first and foremost, with the text. Section 3 of Article 1 provides the House
    shall have the sole Power of impeachment” while ascribing to the Senate “the sole Power to try all Impeachments.” The Constitution requires “no person shall be convicted without the concurrence of two thirds of the Members present.” The constitution constricts the impact of impeachment to “not extend further than to removal from Office and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States.” Further, “the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment according to Law” by authorities other than the legislative branch.
  • Of note, Article 1 otherwise remains mute on the issue of impeachment. The other Articles answer who can be impeached and the legal predicates for cause to issue such impeachments. Section 4 of Article 2 provides impeachment for the President, Vice President “and all civil Officers of the United States.” The cause permitted for their impeachment is limited to “treason, bribery or other high crimes and misdemeanors.” The power to impeach judges is only indirectly referenced, as section 1 of Article 3 provides judges can only hold their offices “during good behaviour.” The only other reference to cause for removal is the obligation for all judicial officers to be “bound by oath or affirmation to support this Constitution” in Article 6. The rules of impeachment permit “each house may determine the rules of its proceedings” in section 5 of Article 1. The “civil officers” subject to impeachment parallel the “principal officers” the Senate must be “advised” and “consented” to the appointment of under Article 2.
  • While executive officers can only be impeached for “treason, bribery or high crimes and misdemeanors”, judges can be impeached simply for not holding office during “good behaviour.” Some scholars argue the ‘good behaviour” phrase was just a limitation on at-will firing, and not an independent grounds for impeachment and removal, but early American practice and ancient English practice belies that construction. The contrast evidences that good behavior is a broader provision than treason, bribery or high crimes and misdemeanors. A judge can be impeached for non-criminal conduct. The phrase derives from the Latin – as long as they shall behave themselves well. The legacy of the phrase derives from old English practice dating to the 12th century, intended to protect against arbitrary removal or removal without any limits on discretion, comparable to the principle difference between “at will” employment and “for cause” limits on firing.
  • What constitutes such cause for judicial removal? Consider early American practice: merely being drink on the bench was sufficient for impeachment. The principal and paramount precedent of impeachment of judicial officers is the impeachment of Supreme Court Justice Samuel Chase in 1804. What grounds did the House recite: “arbitrary, oppressive and unjust” handling of a trial, including partisan prejudice especially, as reflected in the application of the law, exclusions of evidence, and inaccurate recitations of the law to grand juries. Two examples include the failure to remove biased jurors, excluding defense witnesses, and generally “tending to prostitute the high judicial character with which he was invested, to the low purpose of an electioneering partizan.”
  • Sound like any Judges you know? 
Read full Article
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The Barnes Brief: Week of December 12, 2025

I. INTRODUCTION

A.  Art of the Week

As the birds make their winter trip in synchronized form, they almost magically make the form of their species in live time in the air, captured in the moment by a photographer’s film, reminding us of the Creator’s noble design and winking at us in real time. 

B.  Recommendation of the Week

An Economic Interpretation of the Constitution of the United States by Charles Beard unmasked that many of the men at the Convention Hall in Philadelphia were not as enlightened and allied to the Founding generation as later history would tell the tale. https://www.goodreads.com/book/show/187702.An_Economic_Interpretation_of_the_Constitution_of_the_United_States

C.  Wisdom of the Week

Affording politicians “a universal, unbounded permission” to take another’s liberty or property in the name of the public fisc will “when the expenses of the nation, by their ambition are grown enormous” inescapably “oppress and subject” the citizenry.” William Symmes. 

D.  Appearances

  • Dr. Bowden
    placeholder

E.  Best of the Board

  1. Birthright citizenship. https://vivabarneslaw.locals.com/post/7341595/is-the-nationality-act-of-1940-the-proper-starting-point-for-analyzing-the-scope-of-subject-to-th
  2. Viva done w/ Candace. https://vivabarneslaw.locals.com/post/7516832/update-about-a-month-ago-i-asked-for-prayers-for-my-mom-since-we-were-going-to-get-an-update-on
  3. Curated content from @CCandent https://vivabarneslaw.locals.com/post/7516486/title
  4. Massie: let’s leave NATO. https://vivabarneslaw.locals.com/post/7516236/massie-introduces-bill-to-get-us-out-of-nato-by-paul-dragu-the-new-american-representative-thom
  5. Nice ruling in PA. https://vivabarneslaw.locals.com/post/7516323/robertbarnes-well-at-least-there-are-still-a-few-judges-in-pa-that-follow-the-constitution-good-r

*Bonus: Personal hope. https://vivabarneslaw.locals.com/post/7516832/update-about-a-month-ago-i-asked-for-prayers-for-my-mom-since-we-were-going-to-get-an-update-on

F.  Best Across the Internet

  • Disconnect from purpose.
    placeholder

II. THE EVIDENCE

A.   NEWS OF THE WEEK: The Library

  1. EU crosses Rubicon. https://x.com/PM_ViktorOrban/status/1999358779763183953?s=20
  2. Vaccines & chronic disease. https://ijvtpr.com/index.php/IJVTPR/article/view/125
  3. Disney’s AI gamble. https://x.com/HedgieMarkets/status/1999170314580746623?s=20
  4. Lindell goes for Governor. https://x.com/realMikeLindell/status/1999191330829009327?s=20
  5. Honduran election dispute. https://x.com/SalvaPresidente/status/1998955182277722383?s=20

*Bonus: Foster kids helped. https://x.com/MAHA_Action/status/1999241337745670236?s=20

B.    DEEP DIVE: RUSSIA-US Reasons for Alliance

  1. Tucker: Russia-US natural allies. https://x.com/AFpost/status/1998968887724183834?s=20
  2. Russia: world’s richest resources. https://www.visualcapitalist.com/ranked-top-10-countries-by-value-of-all-their-natural-resources/
  3. Russia: world’s largest country. https://x.com/World_Insights1/status/1999029803458965765?s=20
  4. Russia: world’s largest nuclear arsenal. https://www.icanw.org/nuclear_arsenals
  5. Russia’s GDP replaced Europe. https://x.com/IslanderWORLD/status/1978510171589513504?s=20

*Bonus: Russia’s traditional culture. https://x.com/MyLordBebo/status/1998812811171082739?s=20

C.   HOMEWORK: Cases in Controversy

  1. SCOTUS: Trump authority over bureaucracy. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/25-332_7lhn.pdf
  2. SCOTUS: campaign spending limits. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-621_q86b.pdf
  3. SCOTUS: sentencing the disabled. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-872_b07d.pdf
  4. SCOTUS: Covid immunity limits. https://www.supremecourt.gov/opinions/25pdf/25-180_8m59.pdf
  5. SCOTUS: Bondi defends Whitmer Fednapping convictions. https://www.supremecourt.gov/DocketPDF/25/25-5249/387036/20251210183835177_Croft_Opp_12.10.pdf
  6. Courts extend special protection to Maryland Man. https://www.courthousenews.com/wp-content/uploads/2025/12/paula-xinis-grants-abrego-garcia-tro-block-rearrest.pdf
  7. Share Ryan v. Crenshaw. https://x.com/ShawnRyan762/status/1999554231842349564?s=20
  8. Pipe Bomber Patsy. https://x.com/RepThomasMassie/status/1999541341466866022?s=20
  9. Big Tech contempt. https://www.courthousenews.com/wp-content/uploads/2025/12/epic-games-vs-apple-ninth-circuit-opinion.pdf
  10. Pentagon wins trans ban. https://www.courthousenews.com/wp-content/uploads/2025/12/dc-circuit-trans-soldier-ban-opinion.pdf
  11. Russia Euroclear Arbitration possibilities. https://share.google/FdKIPKgvLfEeJXsUz & https://investmentpolicy.unctad.org/international-investment-agreements/treaties/bit/3645/belgium-luxembourg---russian-federation-bit-1989-
  12. Doctor liability for patient’s drugs. https://www.courthousenews.com/wp-content/uploads/2025/12/oregon-supreme-court-cyclist-doctor-liability.pdf

*Bonus: Ferrari Tennessee tax case up in flames. https://www.roadandtrack.com/news/a69556804/whistlindiesel-tennessee-allegations-ferrari-tax-evasion/

**Bonus: Class Action AI in Healthcare. https://www.fisherphillips.com/en/news-insights/new-class-action-targets-healthcare-ai-recordings.html

***Bonus: What does AI own? https://www.commonplace.org/p/matthew-b-crawford-ownership-of-the

III.  CLOSING ARGUMENT: Masterclass -- The Constitution Article I, The Power of the Purse

  • The first power of the purse the Constitution affords the legislative branch of government in Article I is the power to pay themselves, as section 6 of Article 1 provides: “The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.” 
  • The second power of the purse is Article I's most controversial and most consequential: the power to tax and the power to borrow, or, colloquially, the power to “raise Revenue” in section 7. The mechanism for “raising revenue” shall be by legislation that “shall originate in the House” and then be concurred with by the Senate. The power finds explicit enumeration in Section 8: lay taxes; collect taxes; lay duties; collect duties; lay imposts; collect imposts; law excises; collect excises; pay debts; borrow money on credit of the US; coin Money; regulate the value of Money; regulate the value of foreign Coin; fix weights and measures; appropriate money to support Armies (capped at 2 years); provide and maintain a Navy; provide for arming the Militia; and the broad “necessary and proper” catchall in Section 8. The power of the purse finds further enumerated restrictions within Section 1 itself, though subsequent Constitutional provisions could further constrain and restrain the power of the Purse: section 8’s requirement that all “duties, imposts and excises” must be “uniform”; section 9’s prohibiting a tax on importation of people capped at $10 per person; prohibiting any tax that constitutes a bill of attainder or ex post facto law; no direct tax unless apportioned amongst the states; no tax on exports; no port-preferential tax; and no money spent that is not “in consequence of appropriations made by law”. 
  • The Sixteenth Amendment clarified one key aspect of the power of the Purse: enumerating Congress “power to tax” including the power to “law and collect taxes on incomes” regardless of “whatever source derived” without requiring apportionment. This removal-of-the-source rule was later interpreted to be a Congressional reversal by Constitutional Amendment of the Pollock decision of 1896, and enshrining the dissenting opinion as the authoritative interpretation of the power of the Purse in the court’s Brushaber decision by the dissenting Pollock Judge turned Brushaber Chief Judge White. White would treat any tax on income as an indirect tax, and decided that’s all that the 16th Amendment authorized, codifying his 1896 dissent into the Constitution in 1913.  White used the 1794 Carriage Tax Act to claim a direct tax was a tax on an object whereas an indirect tax was a tax on use, effectively affording a broad power to tax “incomes” as long as the subject of the tax was the gain severed from the source rather than a tax on existing or ownership.  The absent clarity from the court enabled Congress to evade ever defining income itself subject to tax since 1916. 
  • This power of the purse exceeded that intended by many in the founding generation, as the Articles of Confederation did not authorize such centralized, federalized power to begin with, and the anti-federalists proved prescient in their warning against the bond-holding elite that packed the text-writing segments of the Constitutional Convention, as well detailed in Charles Beard’s Economic History of the Constitution. https://cdn.mises.org/11_1_6_0.pdf#:~:text=The%20Antifederalists'%20fundamental%20and%20most%20enduring%20objection,in%20nearly%20all%20of%20the%20Antifederalist%20writings.
  • As one of that generation, known only as Federal Farmer, forewarned: “The only semblance of a check is the negative power of not re-electing them. This, sir, is but a feeble barrier, when their personal interest, their ambition and avarice, come to be put in contrast with the happiness of the people. All checks founded on anything but self-love, will not avail.” 
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The Barnes Brief

I.  Schedule

      A.  Interview on World Apart RT https://vivabarneslaw.locals.com/post/7495641/interview-w-rt

      B.  Interview w/ Michael Malice https://vivabarneslaw.locals.com/post/7495633/michael-malice-interview

      C.   Interview on Duran https://vivabarneslaw.locals.com/post/7477013/live-w-duran 

II. The Evidence

 

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