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Robert Barnes has repeatedly referred to this egregious Seymour Hersh article in recent Bourbon with Barnes episodes.

The CIA’s Blatant Lies About Ukraine and Russia… Intentional or Just Trolling Sy Hersh? by Larry C. Johnson

The latest Substack from Sy Hersh is a doozy because it is rife with false claims and propaganda.

https://seymourhersh.substack.com/p/putins-long-war?publication_id=1377040&post_id=185195662&isFreemail=true&r=249y20&triedRedirect=true

I have known Sy for 45 years and consider him a dear friend. His latest article is an abomination and, in my opinion, represents a stain on his legacy. I feel like I’m watching a basketball legend who is still trying to play the game, but he can no longer run or shoot the basketball. To continue the basketball metaphor, this latest article from Sy is an air ball shot from the free throw line… It does not even hit the rim.

The article is titled, PUTIN’S LONG WAR, and it is an unwitting indictment of the US intelligence community’s analytical competence. The opening paragraph sets the tone for the piece:

Despair and anger are growing in some parts of the US intelligence community about Vladimir Putin’s refusal to consider ending the war with Ukraine. The Russian president is facing devastating economic problems at home and is ignoring his restless senior military command—in pursuit of what?

Despair and anger? What the hell!!! Why despair? Is this an admission that the CIA’s plans to defeat Russia are in ruins? Is the CIA, or some other component of the intelligence community, agonizingly frustrated because Vladimir Putin won’t perform as a dancing organ grinder’s monkey? Ditto for the anger bit.

But it is the last sentence that is a stunner because the official (or officials) talking to Trump apparently genuinely believe that Russia faces devastating economic problems and that Putin — who has made at least three visits to the front lines in the last two months — is ignoring the Russian General Staff. Nonsense!

Here is the next whopper of a lie in this article:

Businesses are reeling and shops are closing—in part due to international sanctions—in Moscow and throughout Russia.

More Male Bovine Excrement… I’ve been to Moscow twice in the last four months and saw nothing of the sort. Businesses were thriving, not closing up shop. The latest Levada poll (independent, non governmental) just recently released reports Putin’s current approval ratings at a whopping 85%!!! If the economy was collapsing there is no way that he could be so popular!

Sy’s next paragraph reveals the lack of critical thinking on the part of his source:

One experienced US official, who has been involved in Russian issues for decades, remains both mystified and frustrated by Putin’s refusal last fall to accept an American offer, approved by President Donald Trump but bitterly resented by Ukraine. . . “As of January,” he told me, “Russia’s war with Ukraine will have lasted longer than their war with Germany. In 1945, they were in Berlin. In 2026 they won’t even control Donetsk,” an eastern Ukrainian province with a large Russian-speaking population that shares a border with Russia.

Yeah, Russia’s military really sucks. They are fighting a NATO-proxy army that has the full backing of NATO, which includes advanced weaponry and sophisticated intelligence, and are advancing all along the line of contact… Just not as fast as this clown in Washington, who is gibbering away to Sy, believes that Russia should move. So if Russia’s slow pace is an indictment of its military competence, what does that say about the US military, which spent 21 years fighting in Afghanistan against lightly-armed insurgents — who had no foreign backing — and fled the country in August 2021, leaving behind $7.1–7.2 billion worth of US-funded military equipment. Trump officials who live in big glass houses should not be throwing rocks at a brick house.

Next, Sy regurgitates a demonstrably false claim provided by his source:

“Putin knows the ghost in the Kremlin closet,” he said, “is revolution.” The official quoted General Valery Gerasimov, the Russian chief of staff: “I no longer have an army. My tanks and armored vehicles are junk, my artillery barrels worn out. My supplies intermittent. My sergeants and mid-grade officers dead, and my rank and file ex-convicts.”

This official is lying. Let’s examine recent public comments from Gerasimov (and they are on video) about the condition of the army that he leads:

In late December briefings (e.g., December 29 meeting with Putin and commanders), Gerasimov reported that Russian forces had liberated 334 settlements and over 6,400 square kilometers throughout 2025 overall, framing the army as steadily pushing deeper into Ukrainian defenses with consistent momentum.

On December 31, 2025, during an inspection of the Sever (North) Grouping of Forces command post, Gerasimov stated that Russian troops were “confidently advancing deep into enemy defenses” and that December 2025 saw the highest rates of offensive operations by the Russian army. He highlighted the liberation of over 700 square kilometers of territory in a month, the expansion of a “security zone” near the Russian border (in Sumy and Kharkiv regions), and the occupation of seven settlements. He described these as record paces and tied them to fulfilling objectives set by President Putin for border security in Belgorod and Kursk regions.

On January 15, 2026, while inspecting the Tsentr (Center) Grouping of Forces in the Donetsk direction, Gerasimov praised the group’s advances in liberating parts of the Donetsk People’s Republic (DPR). He claimed Russian forces were advancing “in virtually all directions” on the front, that Ukrainian attempts to halt them were unsuccessful, and that over 300 square kilometers had been seized in the first two weeks of January alone. He also reiterated ongoing successes in areas like Kupyansk (claiming final stages of control) and emphasized high operational tempo.

I can understand why this unnamed official would lie, but I don’t understand why Sy is so gullible. He is allowing himself to be used as a propaganda mouthpiece. The next paragraph belongs in an episode of the Twilight Zone:

“The West reached the same stalemate conclusions and seeks to undermine Putin’s internal resolve. Not by military attack but with economic sanctions which affect the elites as well as the population as a whole. It is working—the standard of living is dropping rapidly as taxes, isolation, and casualties grow. Disillusionment and resentment are increasing. Last weekend Russia shut down all cell phone use and mobile internet service nationwide.”

Let’s start with the big lie… i.e., Last weekend Russia shut down all cell phone use and mobile internet service nationwide.” I exchanged messages with a number of people in Russia — three of them Americans — over the weekend. They all had functioning cell phones and mobile internet service. I asked one of my friends (he is a retired US Army officer who attended West Point, and now is a permanent resident of Russia) about life in Moscow. Here is what he told me via a cell phone text message that is supposedly not working:

There have been some internet access problems. Whatsapp is becoming less usable, but most people switch to Telegram or something else. The internal messenger service, Max, still has some glitches, especially for people with older iPhones like my wife and me. I read someplace that it will only work in iPhone 15 or newer models. If that’s so, it’s definitely a screwup or glitch. However, most people have Chinese made Android smart phones, and our kids’ Androids were easily able to upload Max on them.

I just bought two boxes of eggs on Tuesday afternoon. My wife asked me to get a particular brand found at one of the nearby supermarket chains, two of which are within very close walking range (2 blocks!).

Eggs are sold here mostly by the metric dozen: 10 eggs.

At the time I bought them, the exchange rate was 77.78 rubles = $1.00 USD.

One metric dozen cost me 54.99 rubles! That’s 10 eggs for 71 cents ($0.71)! That’s 7.1 cents per egg, and is the equivalent of $0.85 for 12 eggs!

This is one of the most basic high quality and high protein staples, non-GMO!

Studies have shown that most salaries have actually gone up! Of course, it also all depends on what business or line of work people are in. Sure, inflation is still present, and taxes have gone up somewhat. But isn’t that happening all over the world? I dare say that these economic effects are a lot better than in many other countries in the West.

Electricity, home internet and mobile phone bills are so cheap compared to when we lived in the US that it is laughable!

Medical bills are zilch! as one can pay if one wants to. But my wife and I have both had major (cutting open) and minor surgical procedures, all absolutely free! Kids, too, of course. We had to pay for my son’s braces, but that was also a pittance compared to what they charge in the States.

As an official retiree/pensioner, I can have orthopedic dental work now done for free! I need another implant, as I had to have a tooth extracted several months ago. They told me that after 6 months, that they can give me a new implant there.

If I order a Swiss implant, it would cost me 55 000 rubles ($708 USD). What the heck do I care? I’ll have a Russian made implant for free. Heck, I turn 74 next month. Who needs a fancy Swiss implant?

I also have free public transportation now. And because our daughter is handicapped, she and my wife also have free public transportation. (Not long distance trains, but for almost anywhere within both Moscow and the Moscow oblast.)

Let me remind you, this is the testimony of a retired US Special Forces officer. If this official who is talking to Sy Hersh is also briefing Donald Trump then we cannot blame Trump for failing to understand the actual situation on the ground in Ukraine… He is being fed monstrous lies.

One final point about the alleged economic distress in Russia. The official told Sy:

“The army is losing respect, national oil and gas income is down 22 percent and with no ability to borrow from abroad to finance the war with Ukraine.

While it is true that oil and gas revenues are down, the official apparently forgot to mention that the oil and gas sector (including production, not just budget taxes) was 9.67% of GDP in 2021, according to the World Bank. Statista/Rosstat data show the oil and gas industry’s share in GDP hovering around 10–15% in recent quarters (through mid-2024; 2025 figures not fully updated but consistent with downward pressure).

With respect to finances, Russia’s deficit widened to 2.6% of GDP in 2025 (highest since 2020), partly due to this revenue shortfall. But that is half of the financial challenges confronting the US… For Fiscal Year 2025 (ended September 30, 2025): The deficit was 5.9% of GDP, according to the Congressional Budget Office (CBO) final Monthly Budget Review and Treasury data. This reflects a total deficit of $1.8 trillion (down slightly from $1.84 trillion or 6.3% in FY 2024).

When we look at the comparative debt-to-GDP ratios for Russia and the United States, we get a clearer picture of which country is facing financial disaster. Russia has a debt-to GDP ratio of 16–20% while the United States‘ ratio is a gargantuan 118–125% (gross federal debt), which is more than 6 times Russia’s level. The US ratio is among the highest for advanced economies, driven by persistent large deficits (5.9% of GDP in FY 2025), pandemic-era spending, and structural issues like entitlement growth. Russia’s debt burden is far lighter relative to its economy, giving it more fiscal flexibility despite sanctions and defense spending. By contrast, the US faces greater long-term challenges from interest costs and entitlement pressures.

I do not know if Sy’s source genuinely believes the pack of lies he fed to Sy, or if he is engaged in some sort of misinformation operation designed to keep the American public in the dark. Either way, Sy got played.

This article was originally published on Sonar21.

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How to fix the FBI

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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
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Sean Dietrich: When I was a kid, church ladies ran the whole world. Elderly women were always telling me what to do, randomly appearing from the shadows and trying to feed me.

Our little microcosmic community was operated by elderly women in beehive hairdos. They drove Lincolns, Mercury Grand Marquis, or Ford F-100 pickups with gun racks.

Church ladies carried the keys to our universe. Not metaphorically, but worse. Allegorically. The keys to the school, the library, the church building, they were all on huge keychains which these ladies carried in their prodigious church-lady purses, which were bags about the size of Waffle Houses.

You could find anything you needed in those purses. Professional-grade first-aid kits, cosmetic supplies, a change of underpants, spare tires, etc. And if you were hungry, you could find a three-course meal in such a purse, although the food was likely to taste like Rolaids and purse dirt.

So, these were the women who raised me. They were always present in my life. They taught every class, directed ...

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The Barnes Brief, Valentine's Weekend, 2026

I. INTRODUCTION

A.  Art of the Week

  • All I want for Valentine's is Lady Justice. Archangel Michael delivering justice, as we need for those in the Epstein Class. 

B.  Recommendation of the Week

C.  Wisdom of the Week

  • “I weep for the liberty of my country when I see at this early day of its successful experiment that corruption has been imputed to many members of the House of Representatives, and the rights of the people have been bartered for promises of office.” Andrew Jackson. 

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: Ten of the Top Curated Weekly Articles

  1. The Epstein elite. https://www.zerohedge.com/political/unsettling-truths-epstein-files-reveal-about-power-and-privilege
  2. Corruption of the academy. https://www.theatlantic.com/magazine/2026/03/mellon-foundation-humanities-research-funding/685733/
  3. Israel 1st wants to end Free Speech. https://www.realclearpolitics.com/articles/2026/02/13/is_free_speech_really_the_highest_value_153834.html
  4. Nobody likes Newsom. https://www.liberalpatriot.com/p/gavin-newsom-youre-no-bill-clinton
  5. Hawley-Warren bill seeks to end monopoly in medicine. https://www.thebignewsletter.com/p/senators-seek-to-smash-big-medicine
  6. Polymarket grocery stores. https://unherd.com/newsroom/inside-polymarkets-free-public-grocery-store/
  7. Security State. https://greenwald.substack.com/p/amazons-ring-and-googles-nest-unwittingly
  8. Housing market woes. https://substack.com/home/post/p-187448844
  9. Leverage risks. https://quoththeraven.substack.com/p/countdown-to-detonation-americas
  10. Epstein network. https://epstein-doc-explorer-1.onrender.com

B. Homework: Cases of the Week for Sunday

  1. Texas AG joins Dr. Bowden. https://www.texasattorneygeneral.gov/sites/default/files/images/press/Bowden%20Intervention%20(Filed)_0.pdf
  2. Alex Jones sues. https://www.scribd.com/document/997131709/Alex-Jones-Amended-Counterclaim-for-Filing-In-The-United-States-Bankruptcy-Court-For-The-Southern-District-Of-Texas
  3. Gail Slater removed. https://www.thebignewsletter.com/p/trump-antitrust-chief-ousted-by-ticketmaster
  4. I will sue Mike Davis. https://x.com/barnes_law/status/2022467828255768629?s=20
  5. Wisconsin election integrity takes a loss. https://www.courthousenews.com/wp-content/uploads/2026/02/wisconsin-ballot-spoiling-ban-reversed.pdf
  6. Texas election integrity gets a win. https://www.ca5.uscourts.gov/opinions/pub/24/24-50783-CV0.pdf
  7. Two big 2A cases in 3rd. https://courthousenews.com/two-third-circuit-hearings-could-reshape-nations-second-amendment-rights/
  8. Another TPS order blocked. https://www.courthousenews.com/wp-content/uploads/2026/02/african-communities-v-noem-mass-ruling.pdf
  9. Epstein BOA suit goes forward. https://www.courthousenews.com/wp-content/uploads/2026/02/doe-v-bank-of-america-new-york-ruling.pdf
  10. Dollar Tree death. https://www.courthousenews.com/wp-content/uploads/2026/01/max-antonio-garay-v-dollar-tree.pdf
  11. Boasberg latest insanity. https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2025cv0766-247
  12. Trump immigration win. https://www.phelps.com/a/web/r5pKxiJkFZ7QKozjTbS8V2/ca5detention.pdf

*Bonus: Livenation Ticketmaster Antitrust https://www.hollywoodreporter.com/music/music-industry-news/live-nation-doj-lawsuit-after-gail-slater-resignation-1236504011/

**Bonus: NCAAF eligibility suit. https://www.knoxnews.com/picture-gallery/sports/college/university-of-tennessee/football/2026/02/13/joey-aguilar-eligibility-hearing-tennessee-vs-ncaa/88659399007/

***Bonus: AI plagiarism win. https://www.newsday.com/long-island/education/adelphi-university-ai-plagiarism-lawsuit-oh07enyz

C. Best of the Board: Ten of the Top Posts

  1. Too much truth. https://vivabarneslaw.locals.com/post/7688284/best-explanation-of-our-two-party-system-benowen
  2. Life on the line. https://vivabarneslaw.locals.com/post/7687846/god-bless-and-protect-thomas-massie
  3. Prayer & a cute dog. https://vivabarneslaw.locals.com/post/7688117/daily-prayer-2-0-heavenly-father-give-us-comfort-and-wisdom-allow-us-to-trust-your-judgement-and-y
  4. Surf. https://vivabarneslaw.locals.com/post/7688060/pipeline-hawaii
  5. Real diversity. https://vivabarneslaw.locals.com/post/7688513/title
  6. Hush Hush ideas. https://vivabarneslaw.locals.com/post/7688104/robertbarnes-just-saw-a-news-article-talking-about-the-great-chicago-fire-being-started-by-communis
  7. Wisdom. https://vivabarneslaw.locals.com/post/7687331/title
  8. Bill Brown Proverbs. https://vivabarneslaw.locals.com/post/7686413/title
  9. Truth. https://vivabarneslaw.locals.com/post/7684892/title
  10. My answer is Yes. https://vivabarneslaw.locals.com/post/7687202/does-god-answer-your-prayers-i-ask-because-i-pray-everyday-whether-typed-down-here-or-mentally-reci

III. CLOSING ARGUMENT: Constitution Masterclass Series — Article I, Elections

  • Article I, section 4 empowered the legislative branch of the federal government — the Congress — “may at any time by Law make or alter such Regulations” otherwise set by the legislatures of the state governing the “elections for Senators and Representatives” except to the Places of chusing Senators, later modified by the Seventeenth Amendment. Each House can further be the “Judge of the Elections, Returns and Qualifications of its own Members” including the power to expel “with the Concurrence of two thirds.” The Constitution affords no express power to Congress to elect the President or elect those to state or local office. And remember, Article I powers are constricted to those “herein granted” explicitly within the Constitution. 
  • Representatives must be “apportioned” amongst the States “according to their respective Numbers”, a determination made by “adding to the whole Number of free Persons” certain individuals no longer referenced after the Fourteenth Amendment. The “actual enumeration” of this apportionment “shall be made…within every subsequent Term of ten Years, in such Manner as they shall by Law direct.” The original intention was that there were at least one representative for “every thirty Thousand”.
  • The Fourteenth Amendment modified these provisions by stating representatives be apportioned “to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed.” Of note, the provision also stripped representation of any state which limited Presidential electors beyond the limits of gender, age, citizenship, crime, or rebellion. 
  • The Fifteenth Amendment modified these provisions further by providing a “right of citizens of the United States to vote” and that such a right could not be denied on basis of race. 
  • The Seventeenth Amendment modified these provisions further by providing that the “people thereof” elect the Senators instead of the legislative branches of those state governments. 
  • The Nineteenth Amendment modified the provisions even further by expanding the Fifteenth Amendment’s right of citizens to vote to women. 
  • The TwentyFourth Amendment modified these provisions even further by holding the right of the citizens to vote in federal elections could not be limited based on taxes, including poll taxes. 
  • The Twenty-Sixth Amendment expanded these voting rights to include those 18 years of age or older that are citizens. 
  • Each of these Amendments repeated: “the right citizens of the United States to vote” as the entire premise of these Amendments to the Constitution for governing elections. Yet, somehow, the courts held in 2020 no such right existed to even afford standing to request judicial relief from stolen elections for the highest office in the land, and even when brought between states for the only nationally elected office? 
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The Barnes Brief: Weekend of January 30, 2025

I.   INTRODUCTION

A.   Art of the Week

·      One of the first superb memes for the Brief, recollecting a device many youngsters might not even recognize: the old typewriter, with its diligent use of the keys that moved like a an old cash register before recording its mark onto the page, and the ever needful Whiteout to fix the inevitable error, stacking the pages neatly somewhere nearby because once lost, never recovered. A time when writing required a different kind of dedication.

B.   Wisdom of the Week

·      “Civility is not a sign of weakness, but of strength.” President John Kennedy.

C.   Recommendation of the Week

·      Current book club reading over at People’s Pundit on the important virtue of a return to civil society. https://www.goodreads.com/book/show/17974854-our-virtuous-republic

D.  Appearances of the Week

·      Chatting w/ Stanislav.

II.   The Evidence

 

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The Barnes Brief: Friday, January 23, 2025

I. INTRODUCTION

A.  Art of the Week

A dream work space, atop a lighthouse, with wrap-around windows above the ocean’s roar and the tumult of the waves cresting and crashing against the rocks below, a wrap-around desk to match the window shape, a good hard wooden chair for support, and the necessary small heater with stove to keep it warm and refreshed. I love architectural spaces that marry the inner world to the outside, the natural external environment to the man-made inside. Makes me want to read, work, think, and dream. 

B.  Recommendation of the Week

The peculiar history of the Sixteenth Amendment. https://www.goodreads.com/book/show/22474138-the-law-that-never-was-vol-1-the-fraud-of-the-16th-amendment-and-pers

C.  Wisdom of the Week

“When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it.” Frederic Bastiat. 

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: Five of the Top Curated Weekly Articles 

  1. Dems warn: losing cultural issues. https://www.liberalpatriot.com/p/democrats-and-the-siren-call-of-culture
  2. Replicating DOGE. https://www.city-journal.org/article/elon-musk-doge-states-waste-fraud?skip=1
  3. Cuba next for regime change. https://www.msn.com/en-us/news/world/is-cuba-next/ar-AA1UEeUA
  4. Trump 2024 coalition lost. https://www.nytimes.com/interactive/2026/01/22/polls/times-siena-national-poll-crosstabs.html
  5. Out of WHO! https://thehill.com/policy/international/5702306-us-officially-withdraws-from-who/

B. Homework: Dozen of the Top Cases of the Week for Sunday

  1. ICE Home Raids w/o a Warrant. https://www.lawfaremedia.org/article/can-ice-enter-a-home-to-make-an-arrest-with-only-an-administrative-warrant
  2. Don Lemon charges. https://www.politico.com/news/2026/01/22/don-lemon-prosecution-justice-department-00741629
  3. SCOTUS: state rules in Med Mal cases. https://www.supremecourt.gov/opinions/25pdf/24-440_1b82.pdf
  4. SCOTUS: Restitution is punishment. https://www.supremecourt.gov/opinions/25pdf/24-482_d1oe.pdf
  5. SCOTUS: Time deadlines for void cases. https://www.supremecourt.gov/opinions/25pdf/24-808_lkgn.pdf
  6. SCOTUS: Trump & the Fed. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/25a312_c0nd.pdf
  7. SCOTUS: 2ndA. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-1046_hejm.pdf
  8. 2A & property. https://courthousenews.com/appeals-court-weighs-challenge-to-texas-gun-signage-laws/
  9. Trump vs JP Morgan. https://www.courthousenews.com/wp-content/uploads/2026/01/trump-v-jp-morgan-miami-eleventh-judicial-circuit.pdf
  10. Games of chance. https://www.courthousenews.com/wp-content/uploads/2026/01/minnesota-tribe-loses-challenge-to-electronic-table-games.pdf
  11. Target cancer. https://www.courthousenews.com/wp-content/uploads/2026/01/dangerous-acne-treatment.pdf
  12. Bayer immunity. https://www.scotusblog.com/cases/case-files/monsanto-company-v-durnell/

*Bonus: Section 241 & 1A. https://www.scotusblog.com/cases/case-files/monsanto-company-v-durnell/

**Bonus: Section 241 in the 8th Circuit. https://law.justia.com/cases/federal/appellate-courts/F3/6/1297/576550/

***Bonus: Warrants. https://supreme.justia.com/cases/federal/us/403/443/

C. Best of the Board: Ten of the Top Posts

  1. Stay chill. https://vivabarneslaw.locals.com/post/7627349/title
  2. JD welcome. https://vivabarneslaw.locals.com/post/7627643/i-sure-hope-and-pray-that-jd-gets-a-chance-to-lead-our-country-after-this-trump-administration-he
  3. Peace Board thoughts. https://vivabarneslaw.locals.com/post/7627852/a-very-interesting-take-on-trumps-peace-board-is-trump-creating-a-new-organization-undermining-the
  4. Immigration data review. https://vivabarneslaw.locals.com/post/7627593/food-for-thought-are-the-claims-that-around-2-million-illegal-aliens-have-already-self-deported-too
  5. Fun satire. https://vivabarneslaw.locals.com/post/7627870/title
  6. Scott Adams memorial. https://vivabarneslaw.locals.com/post/7627060/livestream-in-honor-of-scott-adams-next-sunday-jan-25-i-hope-it-s-the-biggest-livestream-ever
  7. Brilliant photos. https://vivabarneslaw.locals.com/post/7626511/some-northern-lights
  8. CIA Insanity. https://vivabarneslaw.locals.com/post/7626494/robertbarnes-robert-barnes-has-repeatedly-referred-to-this-egregious-seymour-hersh-article-in-re
  9. Don Lemon Church videos. https://vivabarneslaw.locals.com/post/7627194/here-is-dons-full-live-stream-im-not-good-at-clipping-things-out-or-screen-recording-so-those-of
  10. Fun memes. https://vivabarneslaw.locals.com/post/7627227/title

*Bonus: Biblical wisdom. https://vivabarneslaw.locals.com/post/7626746/today-s-thought-11and-behold-there-was-a-woman-which-had-a-spirit-of-infirmity-eighteen-years

III.  Closing Argument: Constitution Masterclass Series — Article I, Power to Tax

  • As part of the enumerated legislative powers granted Congress by the Constitution, none is more potent, and potentially destructive, of liberty and property than the power to “raise revenue.” Under section 8 of Article I, this affords the “power to lay and collect taxes, duties, imposes and excises” to “pay the debts” or “provide for the common Defense” or provide for “the general Welfare of the United States.” Of note, the Constitution separately affords the legislative branch methods of revenue raising independent of taxes and tariffs — the power “to borrow money on the credit of the United States” and the power “to coin money” as well as “regulate the value thereof.” 
  • The limits on this power to tax derive from several other sections of Article I. Under Section 7 of Article I, all bills for raising revenue must originate in the House, not the Senate. The next limit is substantive rather than procedural: “all duties, imposts and excises” have to be “uniform throughout the United States.” The foremost, fundamental limit requires any “direct taxes” must be “apportioned among the several States which may be included within this Union.” Indeed, section 9 of Article 1 imposes the requirement that “no capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein.” Of note, no tax could be imposed on articles exported from a state. 
  • These two big requirements — Uniformity and Apportionment — are the key restraints on the power to tax, segregating taxes into two separate categories: Direct Taxes and Indirect Taxes. Indirect Taxes only require Uniformity. 
  • Uniformity requires indirect taxes operate with the same force and same effect in every state, precluding Congress from geographical favorites. Uniformity is solely a prohibition on the geographic impact of the tax, rather than classification based on some factor other than geography. Apportionment is the real hurdle. Apportionment req tires direct taxes be divided among the states based on  that state’s population, a politically impossible barrier to cross in the modern era. This effectively neuters the power of Congress to impose any Direct Tax without Constitutional Amendment. 
  • What then is a Direct Tax? The first case to address this dates to the early years of our Constitutional Republic, when Supreme Court Justices wrote their own opinions, often without a shared majority. The law at issue as a carriage tax. Complaining about how apportionment would make any tax “absurd and inequitable” the early Court decided to water down the Direct Tax definition in order to escape the Apportionment Constitutional conditionality of such a tax. The split amongst the jurists left the question mostly undecided, with the dumbest argument being the Justice who claimed if a Direct Tax could not be easily apportioned, then it was magically no longer a Direct Tax. The latter would be invalidated and effectively mocked by the Court a century later, when it noted “such a tax, for more than one hundred years of national existence, has as yet remained undiscovered, notwithstanding the stress of particular circumstances has invited thorough investigation into sources of revenue.” 
  • The Court invalidated the income tax portions of the Tariff Act of 1894. That Act limited itself to a 2% tax on $4K+ of income, which 99% of Americans did not owe, as exempt from it. The tax imposed a tax on real estate rents, and Congress justified it as an excise tax and thus Indirect. The Court clarified the definition of Direct Tax in accord with originating principles: any tax whose liability “cannot be avoided” was a Direct Tax; only taxes that could “shift the burden upon someone else” with “no legal compulsion to pay them” were considered Indirect. The Court went further, and identified Direct Taxes as the kind commonly imposed by States at the time of the Founding, including taxes on real estate, personal property, or the rents or income thereof, like taxes on people. Taxes on franchises, privileges or use were seen as Indirect Taxes. The dissenting justices would have held a tax on revenues “severed from the source” of those revenues was an Indirect Tax. That dissent would matter decades later. 
  • The Sixteenth Amendment removed the apportionment  clause for the tax power, providing: “Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States” or in proportion to the census or enumeration herein. Why? Because the Supreme Court determined the 1893 federal tax on incomes was a “Direct Tax” that had not been apportioned. This removal of “incomes” from the apportionment requirement tempted Congress to never define the word income itself in the future hope they could escape and evade the apportionment requirement by just labeling a future new tax a tax “on incomes.” 
  • The understanding of how broadly Congress could label a tax as an “income” tax to escape apportionment for direct taxation took a turn in 1916, when dissenting Justices from the prior 1896 decision now held sway. They decided that the 16th Amendment merely codified their 1896 dissent, thus forever constraining Congress’ capacity to use the income tax exception from apportionment as its escape and evasion tool. Congress’ answer was to simply never define income ever again, except in manners self-referential and circular. 
  • A fully enforced Constitution would find any tax on property or people directly that make individual Americans liable must be apportioned unless within the limited definition of income the Court gave it — gain and profit severed from the source of that gain and property. Like much of our policy debates, a solution often sits in the text of the Constitution itself. 
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