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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 Barnes Brief: Friday, May 2, 2025

Planned Appearances

Art of the Day: My dream office. A marriage of old English style study with futuristic vision enveloped by nature itself – the hard wood floors, old leathery chairs, delicate rugs, ovacular egg-shaped open-air desk, classic texts carefully bound in rising bookcases, interrupted by open windows embracing the sky, trees, and stars surrounding us, embedding the work-space into God’s creation, where the archives of nature map the eternal truths onto the soul mirrored in the many texts within and the mind’s inner narratives of the workspace itself.

Book Recommendation: Princes of the Yen by Richard Werner reveals how industrial policy rescued post-war Japan and central bank financialization destroyed it.

Wisdom of the Day: “Banks can create money out of nothing.” Richard Werner.

 

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The Barnes Brief: Friday, April 25, 2025

Planned Appearances

Art of the Day: Old books, the kind you can find undervalued at estate sales, or hidden away in new England antiquarian book stores (as I once found an original of Uncle Tom’s Cabin), or dusted deep in the cellars of great libraries. I began collecting as a kid, having to sell early when the family hit tough financial times later on, but my fondness for old books never left. The rich leather binding, the craftsmanship of the book binders of old, the delicate care of a bookstore owner or devoted librarian, and the buried truths within these texts penned and published from a different time and place, where the written word mattered, whispering to us truths too occasionally forsaught or forgot. 

Book Recommendation: War Is a Racket. The infamous text of General Smedley Butler representing the rightful protest against the war machine after witnessing the horrors of World War 1.

Wisdom of the Day: “War is but a matter of profit for the few.” Senator Gerald Nye.

 

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The Barnes Brief: Friday, April 17, 2025

Planned Appearances

Art of the Day: Swiss Master Craft

Patek Phillipe, the Swiss watchmaker whose rare watches can fetch millions at auction. The signature accessory of successful men, and the Swiss tradecraft remains world renowned for a reason. I uncovered the significance after a client gifted me one of their watches years ago, only to uncover I was giving would-be bandits about six-figure reasons to machete my hand off. I generally avoid watches to this day. The artistic rendering of time in the Swiss skill-craft proves an art of its own kind which I leave at home rather than accompany me in public. Indeed, a well-chosen watch can be a valuable asset of a financial freedom plan. My favorite watch I still cherish the most though still recalls my Dad’s favorite watch, a then $49.99 calculator watch he could use to do math in a jam, which he showed off to everybody. It wasn’t Swiss-made, but it represented an equally true form of expression and real wealth.

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 Wealth & Democracy by Kevin Phillips includes a substantial section dedicated to the economic rise and fall of great powers, with a particular focus on trade and industrial policy.  

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“The fact that hearings are utilized by the Executive to secure an informed basis for the exercise of summary power does not argue the right of courts to retry such hearings not bespeak denial of due process to withhold such power from the courts.” Justice Frankfurter, Ludecke v. Watkins (1948).

 

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