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The Barnes Brief: Friday. February 21, 2025
19 hours ago
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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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Questions for Bourbon w/ Barnes: Thursday, February 20, 2025

Ask in replies and answering live at 9ish eastern tonight....

"Ardent hobbyists are often viewed as eccentric. I think they might be the only normal people left. As a rule, they are active and engaged. They are more interested in making than consuming. They dream and they do."

https://unherd.com/2025/02/the-secret-world-of-hobbyists/

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The Barnes Brief: Friday, February 14, 2025

Schedule

  • Friday at 9ish pm eastern: Betting w/ Barnes: AMA
  • Saturday Night at 9 pm eastern: Movie TBD
  • Monday at 9 pm eastern: Viva & Barnes, Law for the People

Book Recommendation: Essential Federalist & Anti-Federalist Papers.  https://www.goodreads.com/book/show/110335.The_Essential_Federalist_and_Anti_Federalist_Papers

Art of the Day: As a 12-year-old boy, just a bit removed from the death of my father (who died 12 days from my 12th birthday), I looked for role models, and I found two that baffled some of my schoolmates. Inspired by two books I carried around with me everywhere, the texts I turned to for inspiration were Donald Trump’s Art of the Deal and Robert Kennedy’s To Seek a Newer World. Now, I helped bring the two movements together in RFK Jr. and Trump, completing an extraordinary journey. I never forgot Trump’s pearl of proverbial wisdom to expect the best but also plan for the worst, a brilliant balancing act of mindset I find useful to this day. I also never forgot the quote on the screen, that we must not just ask why things are but also why not change them? A simple question with a revolutionary effect for both men – dream big, and believe those dreams, and you might be surprised just how much those very actions can make them come true.

Wisdom of the Day: “Look at what can be, and ask – why not?” Robert Kennedy.

 

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The Barnes Brief: Friday, February 7, 2025

Schedule

Past

  • What are the Odds w/ Baris:
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  • Barnes Brothers Return:
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Future

  • Friday at 9ish pm eastern: Betting w/ Barnes: Super Bowl Preview
  • Saturday Night at 9 pm eastern: Movie TBD
  • Monday at 9 pm eastern: Viva & Barnes, Law For the People

Book Recommendation: Dallas ’63: The First Deep State Revolt Against the White House. Peter Dale Scott, the lefty writer, originated the term Deep State in 1969 with this text from the fun Forbidden Bookshelf series.https://www.goodreads.com/book/show/26833392-dallas-63

Art of the Day: The Cigar Study, a future dream project when the time accompanies the aspiration. The deep, rich leather chairs, the scent of a good cigar, the old cognac bottles on the shelf, and the friendly conversation in the old school style. A kind of high end, stylish man cave connected to the lounges and studies of centuries ago. A perfect venue for a Bourbon w/ Barnes, Pappy’s 23 preferred. The integration of the aesthetic exterior to the thoughtful interior.

Wisdom of the Day: “Tobacco is the plant the converts thoughts into dreams.” Victor Hugo.

 

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The Barnes Brief: Friday, January 30, 2025

Schedule

Past

Future

Book Recommendation: Why Nations Fail https://www.goodreads.com/book/show/12158480-why-nations-fail?

Art of the Day: Night Warning, a poem by my sister referenced in my eulogy.

Tears are falling

From Heaven tonight

Cry for the homeless

Cry for the finite

Listen to the silent

Prodding to unite

In the pale moonlight

For death will have come

And gone at midnight

Stop while you can

Look for the light

Don’t sell your soul

For your birthright

Whispering Angels

Say Goodnight.

Wisdom of the Day: "Just Martha It." Coworkers of my sister, Martha. 

The Library

  1. RFK Hearing: Democrats Destroy Themselves
  2. Tulsi challenges Deep State
  3. Kash’s cinematic debut
  4. Nominee success
  5. DOJ FBI firings
  6. Peace possibilities
  7. Trump alternatives
  8. Democratic disarray
  9. Education disaster
  10. DEI died

Top 10 Cases TBD Sunday

  1. FBI Frameup
  2. FISA Unconstitutional
  3. New Orleans Sued
  4. 2nd Amendment Win
  5. Bureaucrats Sue Trump
  6. Democrats Sue Trump
  7. Sanctuary City Sued
  8. Right to Teach at Beach
  9. AI Copyright
  10. Porn Copyright Trolls

Closing Argument: My Eulogy for My Sister

  • Martha was the best of us, and always will be. My Whispering Angel is gone, but lives on in all that knew her.
  • I lay on the couch uncontrollably in distress when my sister Martha came into the living room. She asked what was wrong. I explained my life was over. She inquired gently why. I explained that the love of my life, Amy Davidson, was leaving. As she consoled me, she reminded me of critical context: I was 8 years old. As my young mind pondered it and reflected upon her proverbial wisdom, I realized maybe she was right; maybe my life wasn’t over quite yet.
  • I owe my success in life to her. As a teenager, she went to bat for me, believing in me beyond my own self-belief. She lobbied David Brock, of the candy company, to enroll me at the elite local private school as an 11thgrader with a full scholarship. I only found out later no student had ever been given a scholarship so late at the school. But her insistence couldn’t be denied, and she got me that scholarship. Unsurprising since as a five-year old, her little notes left in my Dad’s shoes to stop smoking convinced him to stop, likely extending his life by a decade or more, and giving me the chance to know him before his passing when I was 11. She then made a desk for me out of plywood and file cabinets, though no one knew her to be a carpenter by trade. It’s still my favorite desk to this day. I only survived because of her. After my Dad died, she went to work on double shifts and triple shifts at difficult jobs to make sure we could afford to stay in the home we lived.
  • She knew this community well, often gave me feedback on issues and topics, and truly appreciated this community’s concerns for her. A few months back, as she lay in a hospital bed aware she may not make it much longer, she took the time to call me as I lay in a hospital bed to encourage me. That is who she always was: encouraging us to seek the better angels of our nature, to care for family, to look out for friends, and to be our best selves. Her incorrigible smile put your heart at ease. Her coworkers turned her name into a verb: to solve a problem, to help someone in distress, to champion a cause against long odds – that was to “Martha” the problem. “Just Martha It.”
  • She was the best of us, and always will be. My Whispering Angel is gone, but lives on in all that knew her. Remember the next time you face distress, difficulty or long odds, to Just Martha It.
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