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The Barnes Brief: Friday. February 21, 2025
February 21, 2025
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Art of the Day

Schedule

Past

  • Live w/ Duran
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Future

  • Friday at 9ish pm eastern:  Betting w/ Barnes: SportsPicks Subscribers Exclusive AMA
  • Saturday Night at 9 pm eastern: Movie TBD
  • Sunday at 9 pm eastern: Viva & Barnes, Law for the People
  • Tuesday-Thursday February 25 to 27, Bourbon w/ Barnes at 9ish eastern

Book Recommendation: Lords of Poverty detailing the fraudulent way many “aid” NGOs work. https://www.goodreads.com/book/show/53331.Lords_of_Poverty

Art of the Day: From one of the meme maker maestros, an elegant image of simply luxuries to end a hard day’s labor – a smooth glass with a big piece of ice draped in the inviting bourbon sharing the space with a lit cigar, against the backdrop of a whiskey cast with the name slipped in Viva/Barnes…very well done!

Wisdom of the Day: “I still remember, 40 years ago, when I was shackled and put in prison…Being an American citizen didn’t mean a thing then.” Fred Korematsu.

The Library: Top 5 Curated Articles of the Week

  1. A new disease: post Covid vaccination syndrome
  2. Language police
  3. Populist left protest
  4. Homeless rise
  5. Left uncovers why young people shifted                                                                                        

*Bonus: King of late night

Top 10 Cases TBD Sunday

  1. SCOTUS: Civil Rights
  2. SCOTUS: No Justice
  3. SCOTUS: Qui Tam Fraud
  4. SCOTUS: Prejudicial evidence
  5. Senseless in Seattle: Benshoof Case
  6. 1st Amendment Prosecutions
  7. Indentured servants
  8. Parental rights undermined
  9. Trans protections in prison
  10. Doge in court

*Bonus: High Seas power.

 

Closing Argument: Politicized Punishment

From my sentencing brief in the Senseless in Seattle case:

  • How much is enough? Mr. Benshoof has lost his car, lost his home, lost the right to contact his son, and lost his liberty for months in jail. He faces another trial on related charges. The Prosecution suggests an 81-year prison sentence, and formally now seeks an unprecedented, harsh, punitive six-year prison sentence with de facto termination of parental rights in a 5-year no contact order with his own son – for what?  A father texting his teenage son. The son often sought out the contact, and never complained about the contacts. Instead of the facts of this case, the government focuses on everything but this case, while ignoring the punishment that has already been imposed on the defendant. A just sentence conforming to Constitutional principles calls for a time served sentence, not a sentence longer than what some rapists get.  
  • Indeed, the entire case is predicated on a serious Constitutional offense – punishing a defendant for asserting his fundamental right to parent. A court cannot circumvent the Constitutional and statutory processes for terminating parental rights with “no contact” orders. The government’s sentence, if imposed, raises additional Constitutional questions, including terminating parental rights without due process of law and punishing defendants based on the individual interest of prosecutors and courts because the defendant brought legal complaints against them. 
  • Few fundamental rights are more important than the parental right to contact, control and custody of their minor children. Indeed, “[a] parent's right to control and to have the custody of his children is a fundamental civil right which may not be interfered with without the complete protection of due process safeguards.” In re Dependency of K.N.J., 171 Wash. 2d 568, 574, 257 P.3d 522, 526 (2011) (quoting Halsted v. Sallee, 31 Wash. App. 193, 195, 639 P.2d 877 (1982)). Mr. Benshoof, as a “natural parent, has a fundamental liberty interest in his custody and care of” his son. Id. (quoting In re Custody of C.C.M., 149 Wash.App. 184, 203, 202 P.3d 971 (2009)).  “Procedures used to terminate the relationship between parent and child must meet the requisites of the due process clause of the Fourteenth Amendment to the United States Constitution.” Id. at 574 (quoting Lassiter v. Dep't of Soc. Servs., 452 U.S. 18, 24–32 (1981)). Indeed, the Court of Appeals has previously noted that relocation and dependency proceedings are distinguishable from termination proceedings because they do not “sever all contact between the nonresidential parent and child.”  In re Marriage of Wehr, 165 Wash. App. 610, 615, 267 P.3d 1045, 1048 (2011). Here, however, the no-contact order at issue in the case, and the no contact order recommended by the prosecution would sever all contact between Mr. Benshoof and his son: without Due Process or the required statutory termination procedures.
  • None of these steps ever occurred: the prior court order stripped the Defendant of his fundamental rights without conforming to Constitutional or statutory process, and punishing him for asserting that right is as problematic as now seeking to create a new no contact order stripping him of those fundamental rights into the future. The Prosecution seeks to skip right over all of the Due Process protections built into a termination procedure and skip directly to the results of the termination: preventing Mr. Benshoof from seeing or contacting his son ever again. The Prosecution is essentially demanding a constructive termination of the parental relationship. Worse still, they demand this against the wishes of Mr. Benshoof’s son – who has the legal right to choose which parent he wishes to retain custody.
  • The government asks this court to commit the very abuses of power that led to standardizing sentencing in the first place: the need to treat similarly situated people similarly. The government’s punitive sentencing request invites yet another legal error: it demands punishment because the defendant has brought legal action against prosecutors and judges. This demand violates the defendant’s right to petition the government for redress of grievances, a Constitutional policy that prevents people seeking extra-legal remedies. While the government objects to the defendant constantly seeking out the courts for remedy, the government ignores his Constitutional right to do so, including the defendant challenging the service of process of the no-contact order at issue in this case, and challenged its constitutionality and jurisdictional authority as well. No one – until now – has sought to imprison someone for petitioning the court for redress of grievances, a First Amendment protected right. Aside from the Constitutional concerns, the government’s complaints about the defendant’s pro se litigation ignores that this case doesn’t concern those matters and that the defendant had already been punished. Mr. Benshoof has already been penalized with denial of the right to sue without advance court permission, dismissal of his petitions, denial of his complaints and appeals, and financial fines. By contrast, a time served sentence conforms to other comparable cases, Constitutional principles, and just sentencing.
  • It is apparent the legal authorities of the Seattle area dislike Benshoof’s pro se litigant and Covid policy protest past, but that is not the basis for imposing the harshest punishment ever imposed on a middle aged defendant with very little criminal history, who has already lost his ability to seek judicial redress without advance judicial permission, lost his car, lost his residence, and lost custody of his son, when that sentence will undermine confidence in the legal system and not be a truly just sentence. How much is enough? 

 

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The conference is amazing!

Conference has been amazing. The people are awesome.

It’s wonderful to see people in real life. You realize the Internet is useful, but not real life.

Went through a job with the Mrs. in the morning. Getting ready to talk this afternoon.

Booya!

(No show tonight)

00:01:33
We made it!

Safe and sound, just a cool 10 1/2 hour drive. We broke it up over two days to get here. Going back is going to be a solid day.

00:01:35
A blast from the past

Laura Loomer confirmed that the video of her holding the drone is real. So I asked the obvious question as to how she could ever be trusted if barely 2 years ago, she was that susceptible to Russian propaganda.

Someone replied to me that they could easily find examples where I’ve done a 180 on issues. I asked which. Didn’t get an answer from that person, but a troll actually answered “Covid”. And provided a link to a YouTube video from March 27, 2020.

As the expression goes, you can’t have a reasonable conversation with someone whose sole purpose it is to misunderstand.

And the bad faith actors will always pretend to not understand a clear joke.

But the video is hilarious! I should thank them for reminding me of it, because I totally forgot about it.

Classic!

00:01:01
February 17, 2024
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
So far, so amazing

Getting to hang with Baris, the Alex’s and many more!

An amazing crowd.

Awesome people.

I’m speaking tomorrow :)

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@RobertBarnes @VivaFrei and all. 🚨After more than 6 years, this popped up on my Fakebook page. I remember watching these doctors speak only once because the video disappeared. Video is still disappeared. TAP for full image.
Here is a partial transcript from:
#ChristinaAguayoNews”
“#new Fast Fact: Anthony Fauci had Dr. Stella Immanuel’s social media shut down after she publicly said she treated more than 350 CVID-19 patients with hydroxychloroquine, zinc, and Zithromax and didn't have one deth.
#DC
Twitter locked the Texas physician out of her account in 2020, after the July news conference organized by America’s Frontline Doctors outside the Supreme Court.
#doctors
Immanuel, a primary care physician practicing in Houston, told the crowd she had used the combination on patients including those with diabetes, high blood pressure, asthma, and elderly individuals up to age 92.

She said not one of them died.

She also said that she and her staff took the drug preventively, and even though they saw 15 c*vid...

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August 01, 2026
Quick update!

Had a bit of a rough evening yesterday from a gastroenterological perspective.

It turns out that eating nothing but celery (to which I have a mild food allergy), carrots, cucumber, peppers, and sprouts, in conjunction with a Celsius energy drink, and a cup of coffee, can activate one’s IBS (irritable bowel syndrome).

For a bit, I legit thought I had gotten the poison lettuce from Buc-ees.

Thank goodness it passed (pun intended?)

Anyhow, enough with the TMI.

Chattanooga is beautiful. We had a fantastic birthday dinner by the water. Getting ready to set up shop at the 1776 Law Center and listen to some big brains spread information!

More updates to follow.

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The Barnes Brief: Weekend of July 31, 2026
I. THE INTRODUCTION
 
A. Art of the Day 
  • My idea for a perfect Saturday brunch, sitting by an open window in Venice along the canals, fresh flowers gracing the table and balcony, the blue skies and 18th century buildings smiling back, gondoliers parked, an Italian meal awaiting, in this Atlantis of cultured living. 
 
B. Wisdom of the Day
  • Hubris infects the strong, not the weak; the clever, not the  knave; the smart, not the illiterate; the previously successful, not the prior failed. It’s what makes it so inviting, so tempting, and so destructive — precisely because it infects the very people who need to be most immune from it. 
 
C. Appearances
 
  • Judge Napolitano
  • Peoples Pundit
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  • Dialogue Works
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  • Daniel Davis
  • Going Underground
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  • Mario/Brandon.
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D. Daily Picks
 
E. Special Notices
  • Special discount on SportsPicks subscriptions. Get all the picks on elections markets, economic markets, events markets, sports markets, plus exclusive AMAs, Masterclasses, and the best value in prediction markets anywhere, for less than $1/day and more than 50% off the annualized price. Discount code: 1776 https://sportspicks.locals.com/post/8098900/huge-discount
 
II. THE EVIDENCE: BARNES LIBRARY
 
A. Food & Medicine
 
B. Economics
 
C. Politics
 
D. Geopolitics
 
E. Culture
  • The musunderstood Orca.
 
*Bonus: Board Post of Note
 

 

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The Barnes Brief: Thursday, July 30, 2026
I. THE INTRODUCTION
 
A. Art of the Day 
  • The well worn wooden desk, the papers stacked, the lamp lit office, the window’s view to the outer worls, the chalkboard for inspiration, the books stacked, the deep leather chair, and a bottle of bourbon for the work’s end. A perfect office. 
 
B. Wisdom of the Day
  • “Hubris is the arrogance that just scrapes the stars as it falls fast and furious to the demise of its exhibitor.” 
 
C. Appearances
 
  • Judge Napolitano
  • Peoples Pundit
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  • Dialogue Works
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  • Daniel Davis
 
D. Daily Picks
 
E. Special Notices
  • Special discount on SportsPicks subscriptions. Get all the picks on elections markets, economic markets, events markets, sports markets, plus exclusive AMAs, Masterclasses, and the best value in prediction markets anywhere, for less than $1/day and more than 50% off the annualized price. Discount code: 1776 https://sportspicks.locals.com/post/8098900/huge-discount
 
II. THE EVIDENCE: BARNES LIBRARY
 
A. Food & Medicine
  • Fauci exposed
 
B. Economics
 
C. Politics
 
D. Geopolitics
 
E. Culture & History
 
*Bonus: Board Post of Note
 

 

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The Barnes Brief: Wednesday, July 29, 2026
I. THE INTRODUCTION
 
A. Art of the Day 
  • The Venetian arched bridge above, the old walls of the city surround, the bricklaid road ahead, the dance of light against the alley, as the shadow makes us bigger than ourselves. 
 
B. Wisdom of the Day
  • “When we don’t put the brakes on our self-absorption, we have nothing stopping us from self-destruction.” Zeena Shreck. 
 
C. Appearances
 
  • Judge Napolitano
  • Peoples Pundit
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  • Dialogue Works
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  • Daniel Davis
 
D. Daily Picks
 
E. Special Notices
  • Special discount on SportsPicks subscriptions. Get all the picks on elections markets, economic markets, events markets, sports markets, plus exclusive AMAs, Masterclasses, and the best value in prediction markets anywhere, for less than $1/day and more than 50% off the annualized price. Discount code: 1776
 
II. THE EVIDENCE: BARNES LIBRARY
 
A. Food & Medicine
 
B. Economics
 
C. Politics
 
D. Geopolitics
 
E. Culture & History
 
*Bonus: Board Post of Note
 
 

 

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