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Vaccine Mandate Protest Letter

No authorship claim or copyright asserted...this letter just came to me in a bottle, and I have no idea who might have penned it, nor can I possibly vouch for it, and what you fine folks do with it is entirely in your own hands, as the Gentlemen of the Bar remind me I can proffer no general legal advice in the matter, and must officially disclaim proffering any such advice here...edit and excise as you see fit, amend and append as you desire, and claim authorship or anonymity as may best befit you...as always, as you wish...

Dear Boss,

Compelling any employee to take any current Covid-19 vaccine violates federal and state law, and subjects the employer to substantial liability risk, including liability for any injury the employee may suffer from the vaccine. Many employers have reconsidered issuing such a mandate after more fruitful review with legal counsel, insurance providers, and public opinion advisors of the desires of employees and the consuming public. Even the Kaiser Foundation warned of the legal risk in this respect. (https://www.kff.org/coronavirus-covid-19/issue-brief/key-questions-about-covid-19-vaccine-mandates/)

Three key concerns: first, while the vaccine remains unapproved by the FDA and authorized only for emergency use, federal law forbids mandating it, in accordance with the Nuremberg Code of 1947; second, the Americans with Disabilities Act proscribes, punishes and penalizes employers who invasively inquire into their employees' medical status and then treat those employees differently based on their medical status, as the many AIDS related cases of decades ago fully attest; and third, international law, Constitutional law, specific statutes and the common law of torts all forbid conditioning access to employment upon coerced, invasive medical examinations and treatment, unless the employer can fully provide objective, scientifically validated evidence of the threat from the employee and how no practicable alternative could possible suffice to mitigate such supposed public health threat and still perform the necessary essentials of employment.

At the outset, consider the "problem" being "solved" by vaccination mandates. The previously infected are better protected than the vaccinated, so why aren't they exempted? Equally, the symptomatic can be self-isolated. Hence, requiring vaccinations only addresses one risk: dangerous or deadly transmission, by the asymptomatic or pre-symptomatic employee, in the employment setting. Yet even government official Mr. Fauci admits, as scientific studies affirm, asymptomatic transmission is exceedingly and "very rare." Indeed, initial data suggests the vaccinated are just as, or even much more, likely to transmit the virus as the asymptomatic or pre-symptomatic. Hence, the vaccine solves nothing. This evidentiary limitation on any employer's decision making, aside from the legal and insurance risks of forcing vaccinations as a term of employment without any accommodation or even exception for the previously infected (and thus better protected), is the reason most employers wisely refuse to mandate the vaccine. This doesn't even address the arbitrary self-limitation of the pool of talent for the employer: why reduce your own talent pool, when many who refuse invasive inquiries or risky treatment may be amongst your most effective, efficient and profitable employees?

First, federal law prohibits any mandate of the Covid-19 vaccines as unlicensed, emergency-use-authorization-only vaccines. Subsection bbb-3(e)(1)(A)(ii)(III) of section 360 of Title 21 of the United States Code, otherwise known as the Emergency Use Authorization section of the Federal Food, Drug, and Cosmetic Act, demands that everyone give employees the "option to accept or refuse administration" of the Covid-19 vaccine. (https://www.law.cornell.edu/uscode/text/21/360bbb-3 ) This right to refuse emergency, experimental vaccines, such as the Covid-19 vaccine, implements the internationally agreed legal requirement of Informed Consent established in the Nuremberg Code of 1947. (http://www.cirp.org/library/ethics/nuremberg/ ). As the Nuremberg Code established, every person must "be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision" for any medical experimental drug, as the Covid-19 vaccine currently is. The Nuremberg Code prohibited even the military from requiring such experimental vaccines. (Doe #1 v. Rumsfeld, 297 F.Supp.2d 119 (D.D.C. 2003).

Second, demanding employees divulge their personal medical information invades their protected right to privacy, and discriminates against them based on their perceived medical status, in contravention of the Americans with Disabilities Act. (42 USC §12112(a).) Indeed, the ADA prohibits employers from invasive inquiries about their medical status, and that includes questions about diseases and treatments for those diseases, such as vaccines. As the EEOC makes clear, an employer can only ask medical information if the employer can prove the medical information is both job-related and necessary for the business. (https://www.eeoc.gov/laws/guidance/questions-and-answers-enforcement-guidance-disability-related-inquiries-and-medical). An employer that treats an individual employee differently based on that employer’s belief the employee’s medical condition impairs the employee is discriminating against that employee based on perceived medical status disability, in contravention of the ADA. The employer must have proof that the employer cannot keep the employee, even with reasonable accommodations, before any adverse action can be taken against the employee. If the employer asserts the employee’s medical status (such as being unvaccinated against a particular disease) precludes employment, then the employer must prove that the employee poses a “safety hazard” that cannot be reduced with a reasonable accommodation. The employer must prove, with objective, scientifically validated evidence, that the employee poses a materially enhanced risk of serious harm that no reasonable accommodation could mitigate. This requires the employee's medical status cause a substantial risk of serious harm, a risk that cannot be reduced by any another means. This is a high, and difficult burden, for employers to meet. Just look at the all prior cases concerning HIV and AIDS, when employers discriminated against employees based on their perceived dangerousness, and ended up paying millions in legal fees, damages and fines.

Third, conditioning continued employment upon participating in a medical experiment and demanding disclosure of private, personal medical information, may also create employer liability under other federal and state laws, including HIPAA, FMLA, and applicable state tort law principles, including torts prohibiting and proscribing invasions of privacy and battery. Indeed, any employer mandating a vaccine is liable to their employee for any adverse event suffered by that employee. The CDC records reports of the adverse events already reported to date concerning the current Covid-19 vaccine.(https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/vaers.html )

Finally, forced vaccines constitute a form of battery, and the Supreme Court long made clear "no right is more sacred than the right of every individual to the control of their own person, free from all restraint or interference of others." (https://www.law.cornell.edu/supremecourt/text/141/250)

With Regards,
Employee of the Year

XXX

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Live Streamed on March 21, 2023 9:14 PM ET
LIVE! Bourbon w/ Barnes: Tuesday, March 21, 2023

Big Topic: What is going on w/ DeSantis? Also: Chattanooga LIVE event, what is happening in financial sector, and answering your questions live.

01:10:59
Live Streamed on March 20, 2023 6:00 PM ET
March 20, 2023
Ep. 152 Live with Barnes

Locals exclusive stream. Enjoy!

02:24:21
Live Streamed on March 19, 2023 7:01 PM ET
March 19, 2023
Trump Madness

It's a race to the bottom, and the Deep State has a head start and its own cheerleaders.

01:56:20
Declaration of Independence

Audio podcast style.

Declaration of Independence
Barnes Law School: 2nd Amendment Victory!

Enjoy this podcast deep dive into the case, much like a single session of a law school class.

Barnes Law School: 2nd Amendment Victory!
August 14, 2021
Viva on Mississauga Radio

I was on the Richard Syrett show the other day. Here is the audio. I hope I was good... Radio is such a difference format from YouTube. So... many... ad and traffic interruptions. lol

Viva on Mississauga Radio
Announcement: April LIVE Event

Special Announcement.

Event: Barnes Birthday Bash

Where: Chattanooga, Tennessee

When: Weekend of April 21, 2023

What: A special event, from 5 to 10 p.m., as the only, invited guests on a Mark Twain era Tennessee Riverboat, with catered dinner served, a scenic river cruise, live entertainment, a live special edition Hush Hush show, special guests, and a personal meet-up with Viva, I, special guests, and fellow members of the board.

Fundraiser: All net proceeds go to the Free America Law Center. Your ticket helps fund the three efforts FALC will be launching -- Political Freedom, Food Freedom, and Medical Freedom. In all three areas, deserving clients cannot afford representation and legal advocacy, the cases concern matters of core freedoms of everyday Americans, the impact of the cases is global and public, and the legal profession's own political parochialism leads them to not adequately or effectively represent these causes and individuals, from the Covington Boys to Kyle ...

Need to settle a bet…

When you capture an image off your phone or computer, is it called a screengrab, or a screenshot?

Questions for Bourbon with Barnes: Tuesday, March 21, 2023

Ask in replies & live at 9ish tonight

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Barnes Brief: Monday, March 20, 2023

Schedule This Week

  • Monday at 6 pm eastern: Viva & Barnes Live:
  • Tuesday at 9 pm eastern: Bourbon w/ Barnes
  • Wednesday at noon eastern: Alex Jones Live:
  • Thursday at 9 pm eastern: Bourbon w/ Barnes:
  • Friday & Saturday, Atlanta, GA: Vaccine Injured Conference:
  • The Closing Argument Today: The real reason for the Trump indictment

Introduction: Top 10 Headlines

  • Banking crisis deepens, as banks seeking last-resort lending from Fed skyrockets to 2008 levels. UBS now owns Credit Suisse as consolidation increases.
  • DeSantis mixed statement on Trump impending indictment.
  • Xi visits Putin, as geopolitical quakes continue to shock the west.
  • March Madness turns mad, but SportsPicks subscribers are still in the black.
  • Lawsuits move forward against big banks over Epstein.
  • French protests rock France, as Macron barely survives collapse of government in no-confidence vote.
  • Quick guilty verdicts in Oath Keepers 1/6 case.
  • Jim Jordan fights back against New York DA.
  • Big win against Biden admin attempt to seize regulatory power over your backyard pond.

Wisdom of the Day: “To prick the sides of my intent, but only vaulting ambition, which o’erleaps itself and falls on the’other.” Macbeth.

 

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Barnes Brief: Thursday, March 16, 2023

Introduction: Top 10 Headlines

  • Dutch Farmers Party Wins Big!
  • Bonds go haywire, Credit Suisse bailed out & China reopening fails, as flight to security surges.
  • Biden executive order on guns.
  • DeSantis revokes Hyatt liquor license for drag show to kids.
  • OKeefe starts anew, with more allies on way.
  • Trans activist apologies.
  • Proud Boys 1/6 case exposes more FBI misconduct.
  • How GOP hopefuls
    Tucker on Ukraine.
  • RFK interviews with Epoch.
  • China adversary and Bannon ally indicted.

The Evidence: Barnes Daily Curated Library

  1. Albanian mob control of European trafficking. https://www.spectator.co.uk/article/how-the-albanian-mafia-took-control-of-europes-trafficking-network/
  2. 1/6 as establishment scam to prevent challenges. https://theconservativetreehouse.com/blog/2023/03/12/the-parliamentary-motive-behind-the-j6-fedsurrection/
  3. Maine rep challenges Ukraine narrative. https://responsiblestatecraft.org/2023/03/13/mainer-going-viral-for-passionate-speech-against-ukraine-resolution/
  4. How SVB went down. https://stratechery.com/2023/the-death-of-silicon-valley-bank/
  5. Election takeover scheme still afoot. https://www.realclearinvestigations.com/articles/2023/03/14/leftist_groups_tapping_1_billion_to_vastly_expand_the_private_financing_of_public_elections_887042.html?mc_cid=3753865e56&mc_eid=d266196b0e
  6. Dubious grounds cited in SCOTUS case. https://www.heritage.org/courts/commentary/discredited-research-cited-legal-briefs-supreme-courts-2-racial-admissions-cases
  7. Corporate BLM complicity. https://justthenews.com/politics-policy/claremont-institute-announces-blm-database-track-funding-organization-related
  8. Obama family ties to CIA. https://mronline.org/2021/10/07/a-company-family-the-untold-history-of-obama-and-the-cia/
  9. MacGregor: Trouble in Ukraine. https://www.theamericanconservative.com/the-gathering-storm/
  10. Banking crisis incoming.

*Bonus: Live chat, March Madness style! https://sportspicks.locals.com/post/3686536/live-chat-march-madness

Closing Argument: A Reasoned Rant

None today. The Madness must be honored.

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Barnes Brief: Sunday, March 12, 2023

Schedule This Week

No Sunday show this week.

Bourbon w/ Barnes: Monday at 6 pm eastern; Tuesday & Thursday at 9 pm eastern.

Sidebar: Wednesday at 7 w/ Garland Nixon.

Last Week: Kim Iverson &

placeholder
of Sinners along w/ Redacted

Introduction: Top 10 Headlines

  • Debate starts over bailing out uninsured deposit holders at Silicon Valley Bank that went bust, as concerns rise over the state of First Republic Bank.
  • DeSantis moves toward announcing a 2024 bid challenging Trump.
  • More countries, even lefty European nations, conclude gender intervention in minors is not based on any good medical evidence.
  • Inventory bullwhip effect starting to show up in employment.
  • China brokers peace deal between Iran and Saudi Arabia.
  • RFK announces his possible campaign, testing public support, focusing on “my top priority will be to end the corrupt merger between state and corporate power.”
  • Stanford Law harasses federal Judge with woke struggle session.
  • 1/6 Prison Choir song w/ Trump hits #1 on iTunes.
  • China toys recalled after kids’ deaths.
  • Deep State plans on Deep Fakes for psyops.
  • Gun sanctuary law struck down.
  • Banning drag shows for kids catches on.

Wisdom of the Day: “Repay them according to their deeds.” Psalm 28:4.

The Evidence: Barnes Daily Curated Library

The New McCarthyism. https://thehill.com/opinion/judiciary/3895242-post-decency-politics-house-democrats-use-a-hearing-to-attack-free-speech-and-a-free-press/

Gun control is racist. https://www.inquirer.com/opinion/commentary/inq2/black-gun-owners-philadelphia-second-ammendment-20230309.html

Inside rail car derailment debacle. https://www.americanthinker.com/articles/2023/03/a_tale_of_two_train_wrecks_the_east_palestine_disaster_response.html

Why banks collapsed? https://www.coindesk.com/consensus-magazine/2023/03/10/a-tale-of-2-banks-why-silvergate-and-silicon-valley-bank-collapsed/

End to Airline consolidation? https://mattstoller.substack.com/p/an-end-to-airline-consolidation

Censorship Industrial Complex. https://public.substack.com/p/exposed-americas-secret-censorship

Elites scared of populists’ efficacy. https://www.researchgate.net/publication/369130819_They_are_all_against_us_The_effects_of_populist_blame_attributions_to_political_corporate_and_scientific_elites

Embryo as property? https://www.foxnews.com/politics/virginia-judge-uses-slavery-era-law-argue-human-embryos-considered-property

Central issue of 2024: democracy or deep state? https://www.lewrockwell.com/lrc-blog/the-central-issue-of-campaign-2024-the-deep-state/

What is the EuroDollar?

*Bonus: My father's favorite.

Closing Argument: A Reasoned Rant

  • I favor picking candidates based on probable impact on society. Let me given an example: abortion. If the goal is to reduce the number of abortions, then which policy best reduces actual abortions? This came to attention after watching abortion rates decline more under Clinton than they had under his pro-life predecessors. For example, guess which Governor has seen a rise in abortions during his term, and which Governor has seen a decline in abortions during his term? The two most prominent Governors – DeSantis and Newsom. But abortions rose under DeSantis while fell under Newsome. Why? Abortion laws often make less difference on abortion rates than policies that give generous benefits to single mothers.
  • In the same vein, I focus on the actual consequences of probable policies. I voted Trump believing he could at least stop the bleeding: no new wars and no new bad trade. Trump delivered even more: not only no new wars (despite repeat efforts to bait him into military interventions in Ukraine, Iran, Syria, Taiwan and Venezuela), but also tearing up old bad trade deals, renegotiating NAFTA for more favorable terms to America, and imposing tariffs on China. I see immigration as part of this, and Trump did more to reduce illegal immigration than any President since a century ago.
  • I’ve enjoyed success forecasting the likely consequences and enacted policies of politicians for some time, after I got burned as a kid, first believing in a Bush then a Clinton. It taught me a lifetimes lesson to assess the real probabilistic enacted policies of candidates if elected, and what to look for to make that forecast.
  • That’s why I am an increasing skeptic of DeSantis. His Deep State recruit resume screams warning alarms, with his Yale fraternity ties to Skull & Bones favorite fraternity, his recruitment as a young teacher at an elite prep school, Harvard Law, Guantanamo & Fallujah Navy assignments, gig at the US Attorneys’ office, early John Bolton endorsement for his first Congressional bid, and his atrocious Congressional record – supported Maidan coup, aligned with neocons like Arkansas Senator Cotton, embraced Paul Ryan budgets (called for massive cuts in Social security), opposed using tariffs in trade policy, continued to back the Iraq War into 2012, criticized Trump for not being more pro-intervention in Ukraine, suggested his own support for further intervention in Venezuela, and won the backing of the billionaire oligarch donor class of Trump haters. There’s a reason DeSantis calls the Bush family his “heroes.”
  • There’s another reason though: likely voter reactions to DeSantis. Republicans quickly forgot why Democrats loved the electoral college before 2016 – it gave Democrats an edge with their Blue Wall in the industrial Midwest. The Bush coalition is dead: the Bushs killed it. As is, the Bush coalition was on bordered time, due to its own embrace of illegal immigration in the southwest and the shifting cultural tides amongst the millennial professional class toward the left. Remove Virginia and Colorado (two states best reflective of the latter), and DeSantis could win every Bush 2004 state (even Iowa and Ohio, two states that would be much more competitive than it was for Democrats under Trump), and still lose the election. Trump broke the electoral college edge. How? Trade and war. Trump won over working class, less-religious voters in the industrial Midwest and southwest, as the loud New Yawker that would break some eggs when eggs need breaking, but shift Presidential policy away from the wars that shipped their kids overseas and the trade policies that shipped their jobs overseas. DeSantis’ Bush-style policies on war and trade doom his candidacy in any general election, even without considering the backlash amongst Trump primary voters likely to occur were he to be seen as the cause of Trump’s loss in the primaries.
  • This is why, if you want Biden replaced, it’s still Trump 2024.
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