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Col. Wilkerson says Israel had Charlie Kirk killed:

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Nick Fuentes

The internet was on fire yesterday when his charges were dropped.

Most people don't know it was the complainant who dropped the charges herself.

00:15:51
April 28, 2026
Just made a great split

Not bowling the best game, but I just converted the 2-10 split

00:00:37
April 28, 2026
Bowling night

First game was 176, just under average.

Second game is perfect so far. Lol.

00:00:23
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
1776 Law Center Conference Schedule

250th American Anniversary & 2nd Annual 1776 Law Center Conference Fundraiser in Chattanooga, Tennessee on August 1 & 2. Schedule designed so people can arrive Saturday & depart Sunday to limit lodging costs if they choose. Over a dozen hours of exclusive content from a dozen guest speakers. Food catered in for the event. Limited space available: 1776lawcenter.com

Schedule
Saturday, August 1, 2026 Chattanooga, TN
11-Noon Check-in (brunch & snacks)
Noon-1 Robert Barnes Law Center Cases & New Policies for 2026 & coming in 2027
1:15-2:15 Richard Baris: Future of Freedom in American Public Opinion
2:30-3:30 Rep. Renault & MAHA Amy Miller: How to pull a big upset in campaigns & passing new reforms
3:45-4:45 Larry Johnson: How to reform Intel community to align w/ Constitutional freedoms
5-6 Col. Daniel Davis: Whistleblower Remedies & Reforming Our Military to align w/ Founders vision
6-630 Catered Dinner
630-8 Alexander Mercouris, Alex Christoforou & Robert Barnes -- 1776 Liberties in the World, ...

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Brooke Rollins shows that red shades are not immune from
SNAP fraud...

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Board Poll & Discussion: Trump's Mental State

After hearing concerns by White House insiders in January, and sharing them here, Board members noted it corresponded to the indicators of behavioral early stage dementia -- increased impulsivity, heightened paranoia, declining social filters, confabulation, shorter fuse, grandeur delusions, etc. that could be sabotaging the quality of Trump's decision-making. Others see it as stress-induced psychological breakdown for a man approaching 80 years old while some see a madman strategy and others reject any claim of anything abnormal or unusual at all in Trump's behavior. Your thoughts?

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The Barnes Brief: Friday, May 1, 2026

 

 

I. INTRODUCTION 

A. Art of the Week

  • A symphony of cigar smoke, whiskey in the air, leather comfort awaiting, all inviting into a conversation w/ either oneself or fellow travelers, where the lyrics of the malt dance with the warmth of the tobacco, in a tradition as old as both. 

B. Recommendation of the Week

C. Wisdom of the Week

  • “All human beings are members of one frame, Since all, at first, from the same essence came. When time afflicts a limb with pain, The other limbs at rest cannot remain. If thou feel not for other’s misery, A human being is no name for thee.”  Persian poet Sa’adi: 

D. Appearances

II. THE EVIDENCE

  • *NOTE: 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: Curated Weekly Articles

  1. Baris: worst poll ever for Trump. https://www.bigdatapoll.com/blog/national-mood-worsens-for-republicans-in-april-2026-national-poll/
  2. Gatekeeping errors of the past. https://www.katytalento.com/p/confessions-of-a-white-house-public
  3. Welders rise. https://unherd.com/2026/05/goodbye-information-age/?edition=us
  4. AI doubts. https://prospect.org/2026/05/01/subsidize-build-export-repeat-ai-stack-national-security/
  5. Dems left platform for 2026. https://prospect.org/2026/04/29/congressional-democrats-progressive-caucus-unveils-affordability-contract-with-america/

 *Bonus: Beds for those without. https://www.goodnewsnetwork.org/6500-volunteers-build-10k-beds-in-24-hours-in-north-carolina/

B. Best of the Board: Five Fun Posts of the Week

  1. Memeatic magic. https://vivabarneslaw.locals.com/post/7897040/title
  2. Truth. https://vivabarneslaw.locals.com/post/7897203/title
  3. Losing touch. https://vivabarneslaw.locals.com/post/7897081/not-a-fan-of-erika-kirk-but-i-find-myself-appalled-by-erikas-recent-treatment-at-don-jrs-fiancees
  4. Local warnings. https://vivabarneslaw.locals.com/post/7895761/our-gas-today-in-northeast-ohio-is-4-99-up-from-about-3-60-last-week-how-long-and-how-high-can
  5. Comedic wisdom. https://vivabarneslaw.locals.com/post/7893712/title

*Bonus: Beauty in black & white. https://vivabarneslaw.locals.com/post/7895352/edinburgh-scotland

C. Homework: Cases of the Week for Sunday

  1. Comey indicted. https://www.justice.gov/opa/media/1438481/dl
  2. Covid indictment. https://storage.courtlistener.com/recap/gov.uscourts.mdd.603873/gov.uscourts.mdd.603873.1.0_1.pdf
  3. SCOTUS: 1st Amendment & discovery. https://vivabarneslaw.locals.com/post/7892809/scotus-expands-right-to-sue-over-illicit-state-discovery
  4. SCOTUS: Racial redistricting. https://vivabarneslaw.locals.com/post/7892804/scotus-limits-racial-redistricting
  5. Candace sued. https://storage.courtlistener.com/recap/gov.uscourts.tnmd.108994/gov.uscourts.tnmd.108994.1.0.pdf
  6. FISA. https://x.com/MarioNawfal/status/2050047557158707601?s=20
  7. Iran War to court: Force Majeuere. https://www.bloomberg.com/news/articles/2026-04-29/oil-traders-lawyer-up-as-hormuz-triggers-billions-in-disputes
  8. Farm Bill. https://x.com/TheTNHoller/status/2049860117437219016?s=20
  9. OpenAI Trial. https://courthousenews.com/musk-testimony-continues-in-openai-fight/
  10. Narcos style indictment. https://www.courthousenews.com/wp-content/uploads/2026/04/sinaloa-governor-indictment-sdny.pdf
  11. Bail for illegals. https://www.courthousenews.com/wp-content/uploads/2026/04/second-circuit-says-noncitizens-can-get-bail.pdf
  12. Montana DA takeover. https://content.govdelivery.com/attachments/MTAG/2026/04/30/file_attachments/3635043/AG%20Letter%20Invoking%20Supervisory%20Control%204.30.26.pdf

*Bonus: Google settlement. https://www.courthousenews.com/wp-content/uploads/2023/12/google-settlement.pdf

** Bonus: Crazy JP Morgan suit. https://www.livemint.com/news/us-news/i-own-you-jpmorgan-executive-accused-of-drugging-abusing-male-junior-banker-in-lawsuit-key-allegations-11777545493334.html

***Bonus: Infowars. https://courthousenews.com/texas-appeals-court-pauses-the-onions-purchase-of-infowars/

 

D. Deep Dive: Iran Exit Ramps

  1. Big gap in negotiations. https://global21.substack.com/p/there-is-no-effective-room-for-diplomacy
  2. Regime consolidation. https://www.foreignaffairs.com/iran/how-war-saved-iranian-regime
  3. Iran Oil status. https://theprint.in/world/no-the-iranian-oil-industry-isnt-about-to-explode/2917718/
  4. Blockade limits. https://sonar21.com/the-bogus-blockade-claim-of-the-us-department-of-war/
  5. Kinetic limits. https://richardhaass.substack.com/p/the-us-iran-and-the-art-of-the-deal

*Bonus: Iran’s Lego pr. https://substack.com/@tritaparsi/note/c-251532814

III. CLOSING ARGUMENT: Constitution, Fifth Amendment & Discovery

  • In general, civil contempt “is intended to coerce the disobedient party into compliance with the court’s order through incarceration and/or monetary punishment.” Commonwealth v. Bowden, 838 A.2d 740, 761 (Pa. 2003). The court may not impose a coercive civil contempt sanction where compliance with the court’s order is impossible. In re Martorano, 346 A.2d 22, 29 (Pa. 1975). In determining what sanction to impose, “a court must exercise the least possible power suitable to achieve the end proposed.” Commonwealth v. Cromwell Twp., 32 A.3d 639, 653 (Pa. 2011) (citing Spallone v. United States, 493 U.S. 265, 276 (U.S. 1990)).
  • Contempt is not available for a witness asserting the protection of the Fifth Amendmenty right not to be a witness against onself. Note what the Amendment does not say:  a right not to incriminate onself. Instead, it's a right not to be a witness in any manner in a proceeding where the witness' evidence can be used adverse to them. A witness “cannot be compelled to give evidence against himself.” “The Amendment not only protects the individual against being involuntarily called as a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings.” Lefkowitz v. Turley, 414 U.S. 70, 77 (U.S. 1973). 
  • The Third Circuit held that: “A trial court must carefully balance the interests of the party claiming protection against self-incrimination and the adversary's entitlement to equitable treatment. Because the [Fifth Amendment] privilege is constitutionally based, the detriment to the party asserting it should be no more than is necessary to prevent unfair and unnecessary prejudice to the other side.” S.E.C. v. Graystone Nash, Inc., 25 F.3d 187, 192 (3d Cir. 1994). This includes orders to compel password disclosures. Commonwealth v. Davis, J-42-2019 (Pa. 2019). A court cannot order contempt for a Fifth Amendment assertion. Commonwealth v. Leclair, 2014-CJC-11469 (Mass. 2006). 
  • A Pennsylvania Court of Common Pleas expressly cited Graystone Nash and used it as the basis for decision-making in Haas v. Bowman, 62 Pa. D. & C.4th 1, 10 (Pa. Com. Pl. 2003). In Haas, the Court of Common Pleas cited numerous cases to hold that “Under this standard, noncompliance with pleading requirements cannot be a basis for entering a judgment against a party properly invoking the Fifth Amendment privilege.” Haas v. Bowman, 62 Pa. D. & C.4th 1, 11 (Pa. Com. Pl. 2003). “Absent independent, probative evidence produced by the party bearing the burden of proof, the implications of one's assertion of the Fifth Amendment privilege are speculative at best, and insufficient to support an adverse factual determination.” Harmon v. Mifflin Cnty. Sch. Dist., 552 Pa. 92, 100, 713 A.2d 620, 624 (Pa. 1998). 
  • Where usinesses are alter egos of the individual defendants, the businesses too should be protected by the Fifth Amendment. United States v. Doe, 465 U.S. 605, 613 n. 11 (U.S. 1984). Under United States v. Doe, 465 U.S. 605, 613 n. 11 (U.S. 1984), the Supreme Court held that the business records of an individual proprietorship are essentially the same as individual records for the purposes of the Fifth Amendment. Braswell v. United States, 487 U.S. 99, 104 (U.S. 1988). Pennsylvania courts recognize this risk and that a court cannot, through contempt, compel an individual to be a witness against themselves. Sweet v. The City of Williamsport, No. 20-CV-00512 (C.P. Lycoming County June 27, 2022 Linhard, J.)  
  • As such, the coercive power of the state cannot compel, under threat of contempt, a witness to be a witness against themselves without violating the Fifth Amendment to the Constitution, a right rooted in opposing Inquisitorial methods to extract information from state targets. 
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Barnes Brief: Friday, April 24, 2026

I. INTRODUCTION 

A. Art of the Week

  • Love the look & feel of old books (antiquarian in the colloquial parlance), as I collected them for years, but also feel more comfortable in their physical presence, enveloping you as you think, in the home libraries of yesteryear, connecting you to the thoughts and ideas of your ancestors, shared  just through the smell, look and feel of the leather-bound texts from the handmade book publishers of old, an initiating to retreat into the past and explore it like the recesses of one’s own mind for the thoughts that race across the page and whisper from the old ink stained pages. 

B. Recommendation of the Week

C. Wisdom of the Week

  • "Yesterday, upon the stair, I met a man who wasn’t there. He wasn’t there again today, I wish, I wish he’d go away. When I came home last night at three, The man was waiting there for me. But when I looked around the hall, I couldn’t see him there at all! Go away, go away, don’t you come back any more! Go away, go away, and please don’t slam the door... Last night I saw upon the stair, A little man who wasn’t there. He wasn’t there again today, Oh, how I wish he’d go away..."  William Hughes Mearns. 

D. Appearances

II. THE EVIDENCE

*NOTE: A reminder: links are NOT always 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: Curated Weekly Articles

  1. Tankers skip blockade. https://www.ft.com/content/21dff2c7-1e27-4f74-81d8-31dcdbe9188e
  2. Doubts about madman strategies. https://substack.com/home/post/p-192512883
  3. Consumer sentiment new lows. https://tradingeconomics.com/united-states/consumer-confidence
  4. Job market worries spike. https://www.gallup.com/workplace/703280/worker-thriving-declines-job-market-pessimism-grows.aspx
  5. MAHA status. https://www.healthaffairs.org/content/forefront/maha-check-up-united-states-getting-healthier

 *Bonus: Old school medical remedies. https://substack.com/@varianavolk/note/c-244056215

B. Best of the Board: Five Fun Posts of the Week

  1. Too true. https://vivabarneslaw.locals.com/post/7876337/title
  2. Beauty in the backyard. https://vivabarneslaw.locals.com/post/7878608/1st-goldfinches-were-at-the-feeder-today-they-left-before-i-got-my-camera-a-sparrow-did-pose-for-a
  3. Wisdom. https://vivabarneslaw.locals.com/post/7877990/so-if-the-splc-paid-regular-people-to-pretend-they-were-nazis-in-charlottesville-there-really-was
  4. Recipes. https://vivabarneslaw.locals.com/post/7877606/cooking-time-tonites-recipe-is-a-cheese-and-onion-quic
  5. Congratulations! https://vivabarneslaw.locals.com/post/7876028/just-found-out-that-i-passed-the-pe-practices-and-principles-of-engineering-exam-this-will-allo

*Bonus: Sarcasm. https://vivabarneslaw.locals.com/post/7878157/title

C. Homework: Cases of the Week for Sunday

  1. SPLC Indictment. https://vivabarneslaw.locals.com/post/7877843/professor-jonathan-turley-the-indictment-of-the-southern-poverty-law-center-on-federal-fraud-charg
  2. Insider trading indictment for soldier. https://www.justice.gov/opa/pr/us-soldier-charged-using-classified-information-profit-prediction-market-bets
  3. Ten Commandments. https://www.ca5.uscourts.gov/opinions/pub/25/25-50695-CV0.pdf
  4. Ghost guns. https://www.courthousenews.com/wp-content/uploads/2026/04/national-association-for-gun-rights-jared-polis-opinion.pdf
  5. Surveillance Accountability Act. https://vivabarneslaw.locals.com/post/7878502/surveillance-accountability-act-this-is-new-legislation-put-forth-by-thomas-massey-and-lauren-boeber
  6. Loomer loses. https://vivabarneslaw.locals.com/post/7878370/federal-judge-dismisses-laura-loomers-defamation-suit-against-bill-maher-of-course-it-was-a
  7. J6 CIA suit. https://Vvivabarneslaw.locals.com/post/7874216/shauni-kerkhoff-sued
  8. Kash sues. https://vivabarneslaw.locals.com/post/7876578/kash-patel-sues
  9. Powell case dropped. https://courthousenews.com/justice-department-drops-criminal-probe-into-fed-chair-jerome-powell/
  10. AI embarrassment. https://vivabarneslaw.locals.com/post/7878598/https-x-com-smb-attorney-status-2046600985254977878
  11. AI invasion. https://vivabarneslaw.locals.com/post/7878135/it-sounds-like-the-just-us-system-is-nullifying-the-4th-amendment-when-it-comes-down-to-using-ai-ie
  12. VA redistricting challenge. https://vivabarneslaw.locals.com/post/7877770/hot-air-beege-welborn-virginia-judge-rules-va-gerrymandering-vote-unconstitutional-https-hota

*Bonus: GA 2020 election dispute. https://vivabarneslaw.locals.com/post/7876741/https-www-courtlistener-com-docket-72267501-pitts-v-united-states-filed-after-filed-before-entr

** Bonus: Amazon caught. https://vivabarneslaw.locals.com/post/7876825/https-x-com-ric-rtp-status-2046578708035604945

***Bonus: AI fakes. https://vivabarneslaw.locals.com/post/7877192/robertbarnes-vivafrei-and-all-president-trump-posted-this-on-truth-today-april-22-2026

D. Deep Dive: Iran War Oil Price Impact

  1. Supply offline. https://substack.com/@hfir/note/c-248155408
  2. Supply shock risks. https://www.commoditycontext.com/p/sanguine-strait-stoppage
  3. Electricity price spikes. https://vivabarneslaw.locals.com/post/7875883/us-electricity-bills-are-surging-average-us-residential-electricity-prices-rose-5-yoy-to-a-reco
  4. China energy resilience re: Iran War. https://substack.com/home/post/p-195176243
  5. Doomberg: war effects. https://newsletter.doomberg.com/p/backwards-looking

*Bonus: Chris Martenson.

III. CLOSING ARGUMENT: Iran War -- Exit, Don't Escalate

Trump's stated objectives of the Iran War cannot be won militarily without too high a price for Americans to pay, primarily in economic casulaties, but also in military casualties and domestic political casualties. Let's weight the risks and the realities of the means to obtain the potential reward. 

Rewards: a peaceful, democratic, pro-American, pro-Israel regime in Iran without a nuclear enrichment program, a long-range ballistic missle program, a long-range drone program, underwater drones, or minsubs, fast armed boats, to further secure an open-and-free (or US controlled) Strait of Hormuz for expeditious transport of essential goods, including energy, fertilizer, and supply chain critical supplies like helium, aluminium, and the like. 

Risks: Military casualties, in the injuries, disabilities or deaths of American soldiers, as well as diminished interest in service in the military from distrusted use of the military by military prospects, plus loss munitions, armaments, drones, weapons, jets, ships, radars, and military base infrastructure. Related thereto, the loss of perception of power in the projection of power, especially to the global south. Finally, militarily the undermining of our alliances in the middle east and Asia especially. Economic cacualties in the lost transit, and lost long-term control, of critical energy supplies, fertiliziers, and other essential and critical goods for the global supply chain, from helium to aluminum and more. Political casualties at home in fractured domestic political support, diminished capital for legislative actions, and risks of major midterm losses that could stalemate government and produce impeachment. 

How does a blockade of the blockade achieve the rewards? The theory is that Iran's inability to export through the Strait will cause them such economic difficulty that they will capitulate to give up their soveriegnty, forfeit nuclear enrichment entirely to the US, drop the missle and drone programs, and turn over power to another regime entirely. I see the chances of that as less than 1%. Iranian nationalism, Persian pride, and Shia sacrifical spirituality make surrender worse than death for this regime and many of the people. 

How does a bombing campaign achieve the rewards? If 40 days of 10K plus bombing targets didn't work, why would bombing a few more targets for a few more weeks achieve anything consequential? The no-bridges-and-power-plants war crime full Sherman approach only backfires by destroying all the oil infrastructure of the GCC countries triggering an economic apocalypse for America and the west, a retaliatory risk too great for any rational American leader to consider.

How does an exit achieve the rewards? It doesn't. But it does avoid the risks. And that's why exit rather than escalation is the rational America-First choice. 

 

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The Barnes Brief: Friday, August 17, 2026

I. INTRODUCTION

*Tickets now for sale. Limited availability. https://www.1776lawcenter.com/

A. Art of the Week

  • The earth, shaded by the moon, from the photos by Artemis, by Musk’s SpaceX to explore the universe. Shades within shades, as the earth looks like a quarter-Moon from earth, but just in reverse. All is often just a matter of perspective. 

B. Recommendation of the Week

C. Wisdom of the Week

  • “But the wisdom that is from above is indeed first pure, then peaceable, gentle, willing to yield, full of mercy and good fruits, without partiality and without hypocrisy.” James 3:17. 

D. Appearances

  • LIVE w/ Ed Dowd.
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  • LIVE w/ Baris & Massie.
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  • LIVE w/ Larry Johnson

II. THE EVIDENCE

*NOTE: 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: Curated Weekly Articles

  1. Iran deal possibility. https://substack.com/home/post/p-194261430
  2. Studying the Blob. https://www.blobstudies.com
  3. Israel support collapses amongst non-Boomer evangelicals. https://www.jpost.com/christianworld/article-786545
  4. Oil economy understood.
  5. Ukraine-Russian war.

 *Bonus: Artemis imagery. https://www.nasa.gov/artemis-ii-multimedia/

B. Best of the Board: Five Fun Posts of the Week

  1. Comedic relief. https://vivabarneslaw.locals.com/post/7862387/title
  2. Appetizing images. https://vivabarneslaw.locals.com/post/7862324/title
  3. Economic realities. https://vivabarneslaw.locals.com/post/7862450/figured-i-d-share-a-very-local-economy-anecdote-from-my-area-i-m-a-homebuilder-in-the-ny-area
  4. Law school lessons. https://vivabarneslaw.locals.com/post/7862399/i-am-sick-again-so-i-havent-been-hugely-functional-but-yesterday-in-a-criminal-law-class-we-ran-th
  5. Oil breakdown. https://vivabarneslaw.locals.com/post/7862095/title

*Bonus: Meme magic. https://vivabarneslaw.locals.com/post/7861462/title

C. Homework: Cases of the Week for Sunday

  1. SCOTUS: removal. https://www.supremecourt.gov/opinions/25pdf/24-813_3e04.pdf
  2. FISA fails. https://www.politico.com/news/2026/04/17/spy-powers-expiration-closes-in-as-house-procedural-vote-fails-00878317
  3. Surveillance state controls. https://conservativeladiesofamerica.substack.com/p/the-parents-decide-act-doesnt-let
  4. Trump admin sued w/ rare Quo Warranto petition. https://www.bloomberglaw.com/public/desktop/document/BROWNvDeLeeuwDocketNo126cv01249DDCApr142026CourtDocket?doc_id=X5I57TSSSN08PDAPHKTHG7DTO30
  5. Eastman disbarred. https://www.calbar.ca.gov/news/attorney-john-eastman-disbarred-california-supreme-court
  6. Livenation verdict. https://www.yahoo.com/news/articles/live-nation-verdict-faceplant-trump-132338276.html
  7. Ukrainegate. https://www.dni.gov/index.php/newsroom/press-releases/press-releases-2026/4154-pr-06-26
  8. Popular vote compact. https://digitalcommons.law.byu.edu/lawreview/vol2012/iss5/3/
  9. Boasberg shut down.  https://media.cadc.uscourts.gov/opinions/docs/2026/04/25-5452.pdf
  10. Savannah Hernandez. https://www.newsnationnow.com/crime/3-arrested-turning-point-usa-reporter-video-assault/
  11. ICE officer arrest. https://www.nbcnews.com/news/us-news/ice-agent-charged-assault-minnesota-metro-surge-immigration-rcna332210
  12. 1A & licensure. https://www.courthousenews.com/wp-content/uploads/2026/04/25-2991-shamrock-hills-v-Iowa-appelant-brief.pdf

*Bonus: Media censorship limited. https://www.ftc.gov/news-events/news/press-releases/2026/04/ftc-takes-action-restore-competition-digital-advertising-ecosystem

**Bonus Cop case in Chicago. https://abc7chicago.com/post/ex-new-york-city-police-sgt-erik-duran-sentenced-throwing-cooler-fleeing-suspect-eric-duprey-killing/18861401/

***Bonus Gallego scandal. https://ktar.com/arizona-news/ruben-gallego-misconduct-allegations/5848619/

D. Deep Dive: Iran War Prospects

  1. The strategic surprise. https://global21.substack.com/p/america-has-never-faced-an-adversary
  2. Iran as new power. https://www.nytimes.com/2026/04/06/opinion/iran-war-strait-hormuz.html
  3. A grand bargain. https://responsiblestatecraft.org/iran-us-ceasefire-deal/
  4. The Israel aspect. https://responsiblestatecraft.org/israel-ceasefire/#:~:text=In%20order%20to%20do%20that,to%20further%20Israeli%20regional%20ambition.
  5. The Emirati angle. https://libertarianinstitute.org/articles/the-united-arab-emirates-america-and-israels-frankenstein-monster/

*Bonus: The lego AI war. https://rumble.com/user/ExplosiveMediaa?e9s=src_v1_cbl

III. CLOSING ARGUMENT: The Power to Tax

  • The Preamble provides the purpose of the federal government to “insure domestic tranquility”, “provide for the common defense”, “promote the general welfare” and “secure the blessings of liberty to ourselves and our posterity.” These balanced interests find manifestation in the enumerated powers articulated within the rest of the Constitution. 
  • Article I, Section 7 provides for “bills for raising revenue” including the enumerated power “to lay and collect taxes, duties, imposes and excises.” Article I, Section 8 imposes two restraints on the power to tax beyond the purposive restraint “to raise revenue.” All “duties, imposts and excises” must be “uniform throughout the United States.” Article I Section 9 prohibits any tax or duty on exports from any state and no capitation or direct tax can be imposed “unless in proportion to the census.” 
  • The Ninth Amendment further limits those enumerated rights to tax to a taxing power that does not “deny or disparate others retained by the people.” 
  • The Sixteenth Amendment expands Congress power to tax “without apportionment” and “without regard to any census” if imposed “on incomes” regardless of the source of those incomes. Effectively, it removed a federal tax on “incomes” from the apportionment requirement of direct taxes even if those incomes derived from sources that would otherwise require apportionment under Article I. 
  • This leaves open the big question: what is “incomes” under the Sixteenth Amendment? Congress abdicates the issue by using a self-referential and circular definition of income, which under English common law tradition, would negate any income tax since no tax be imposed without unambiguous specificity as to what is being taxed. 
  • The twin decisions that govern this are a dissent and a majority authored by the same Justice a near quarter-century apart — the dissent by Justice White in Pollock and his majority opinion in Brushaber. White considered incomes limited to its original understanding by the voters when ratifying the Sixteenth Amendment, and thus focused not on incomes, but the source rule. He felt a tax on anything other than land and people (capitation) did not require apportionment for its Constitutional imposition. The closest we get is “gain severed from the source” when that source is property or the person. 
  • Hence, a critical term to freedom from imposition by the state remains ambiguous and unanswered — what exactly is “incomes” within the meaning of the Constitution? 
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