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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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Out for a ride with Ethan this morning. Nature class at homeschooling. Lol Look what we captured!

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This may or may not have been the first try, but gosh darn it, first try!

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February 17, 2024
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I did a quick hit on Richard Syrette yesterday. Gotta keep Canadians apprised of the U.S. madness.

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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.

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If you want less of it, at much lower quality, and at a cost 100x above market value, get the government involved 🤣

Well looks like 100,000 more "super genous" Indians inbound 🤣😅😂

https://www.breitbart.com/tech/2025/12/16/trump-administration-plans-to-attract-ai-talent-with-tech-force-initiative/

Beautiful and majestic until the end

The deed is done. It was only after her body had totally relaxed that I could appreciate the constant pain and discomfort she must have been in for the last little while. we sat out on the grass for an hour before I went live today. it was clear she was in visible discomfort, but she remained stoic and majestic up until the end.

on the way to the vet, we stopped and got a “pup cup” at Starbucks. Is that what they’re called? The kids wanted to do it and give her one last treat. She never really got many treats in the last few years because it would upset her stomach and make the poop she would invariably leave in her bed messier to clean up.

She had 2 cups of whipped cream.

We sat as a family and wept together as she quietly closed her eyes and became part of the cosmos once again.

I don’t even say this as a joke… If your last memories are what echo forever, she is in a field with us, running around with all four legs, jumping through the grass into the setting sun.

Going to go ...

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Questions for Bourbon with Barnes: Tuesday, December 16, 2025

Ask in replies & answering Live at midnight-ish eastern tonight...

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The Barnes Brief: Week of December 12, 2025

I. INTRODUCTION

A.  Art of the Week

As the birds make their winter trip in synchronized form, they almost magically make the form of their species in live time in the air, captured in the moment by a photographer’s film, reminding us of the Creator’s noble design and winking at us in real time. 

B.  Recommendation of the Week

An Economic Interpretation of the Constitution of the United States by Charles Beard unmasked that many of the men at the Convention Hall in Philadelphia were not as enlightened and allied to the Founding generation as later history would tell the tale. https://www.goodreads.com/book/show/187702.An_Economic_Interpretation_of_the_Constitution_of_the_United_States

C.  Wisdom of the Week

Affording politicians “a universal, unbounded permission” to take another’s liberty or property in the name of the public fisc will “when the expenses of the nation, by their ambition are grown enormous” inescapably “oppress and subject” the citizenry.” William Symmes. 

D.  Appearances

  • Dr. Bowden
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E.  Best of the Board

  1. Birthright citizenship. https://vivabarneslaw.locals.com/post/7341595/is-the-nationality-act-of-1940-the-proper-starting-point-for-analyzing-the-scope-of-subject-to-th
  2. Viva done w/ Candace. https://vivabarneslaw.locals.com/post/7516832/update-about-a-month-ago-i-asked-for-prayers-for-my-mom-since-we-were-going-to-get-an-update-on
  3. Curated content from @CCandent https://vivabarneslaw.locals.com/post/7516486/title
  4. Massie: let’s leave NATO. https://vivabarneslaw.locals.com/post/7516236/massie-introduces-bill-to-get-us-out-of-nato-by-paul-dragu-the-new-american-representative-thom
  5. Nice ruling in PA. https://vivabarneslaw.locals.com/post/7516323/robertbarnes-well-at-least-there-are-still-a-few-judges-in-pa-that-follow-the-constitution-good-r

*Bonus: Personal hope. https://vivabarneslaw.locals.com/post/7516832/update-about-a-month-ago-i-asked-for-prayers-for-my-mom-since-we-were-going-to-get-an-update-on

F.  Best Across the Internet

  • Disconnect from purpose.
    placeholder

II. THE EVIDENCE

A.   NEWS OF THE WEEK: The Library

  1. EU crosses Rubicon. https://x.com/PM_ViktorOrban/status/1999358779763183953?s=20
  2. Vaccines & chronic disease. https://ijvtpr.com/index.php/IJVTPR/article/view/125
  3. Disney’s AI gamble. https://x.com/HedgieMarkets/status/1999170314580746623?s=20
  4. Lindell goes for Governor. https://x.com/realMikeLindell/status/1999191330829009327?s=20
  5. Honduran election dispute. https://x.com/SalvaPresidente/status/1998955182277722383?s=20

*Bonus: Foster kids helped. https://x.com/MAHA_Action/status/1999241337745670236?s=20

B.    DEEP DIVE: RUSSIA-US Reasons for Alliance

  1. Tucker: Russia-US natural allies. https://x.com/AFpost/status/1998968887724183834?s=20
  2. Russia: world’s richest resources. https://www.visualcapitalist.com/ranked-top-10-countries-by-value-of-all-their-natural-resources/
  3. Russia: world’s largest country. https://x.com/World_Insights1/status/1999029803458965765?s=20
  4. Russia: world’s largest nuclear arsenal. https://www.icanw.org/nuclear_arsenals
  5. Russia’s GDP replaced Europe. https://x.com/IslanderWORLD/status/1978510171589513504?s=20

*Bonus: Russia’s traditional culture. https://x.com/MyLordBebo/status/1998812811171082739?s=20

C.   HOMEWORK: Cases in Controversy

  1. SCOTUS: Trump authority over bureaucracy. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/25-332_7lhn.pdf
  2. SCOTUS: campaign spending limits. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-621_q86b.pdf
  3. SCOTUS: sentencing the disabled. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-872_b07d.pdf
  4. SCOTUS: Covid immunity limits. https://www.supremecourt.gov/opinions/25pdf/25-180_8m59.pdf
  5. SCOTUS: Bondi defends Whitmer Fednapping convictions. https://www.supremecourt.gov/DocketPDF/25/25-5249/387036/20251210183835177_Croft_Opp_12.10.pdf
  6. Courts extend special protection to Maryland Man. https://www.courthousenews.com/wp-content/uploads/2025/12/paula-xinis-grants-abrego-garcia-tro-block-rearrest.pdf
  7. Share Ryan v. Crenshaw. https://x.com/ShawnRyan762/status/1999554231842349564?s=20
  8. Pipe Bomber Patsy. https://x.com/RepThomasMassie/status/1999541341466866022?s=20
  9. Big Tech contempt. https://www.courthousenews.com/wp-content/uploads/2025/12/epic-games-vs-apple-ninth-circuit-opinion.pdf
  10. Pentagon wins trans ban. https://www.courthousenews.com/wp-content/uploads/2025/12/dc-circuit-trans-soldier-ban-opinion.pdf
  11. Russia Euroclear Arbitration possibilities. https://share.google/FdKIPKgvLfEeJXsUz & https://investmentpolicy.unctad.org/international-investment-agreements/treaties/bit/3645/belgium-luxembourg---russian-federation-bit-1989-
  12. Doctor liability for patient’s drugs. https://www.courthousenews.com/wp-content/uploads/2025/12/oregon-supreme-court-cyclist-doctor-liability.pdf

*Bonus: Ferrari Tennessee tax case up in flames. https://www.roadandtrack.com/news/a69556804/whistlindiesel-tennessee-allegations-ferrari-tax-evasion/

**Bonus: Class Action AI in Healthcare. https://www.fisherphillips.com/en/news-insights/new-class-action-targets-healthcare-ai-recordings.html

***Bonus: What does AI own? https://www.commonplace.org/p/matthew-b-crawford-ownership-of-the

III.  CLOSING ARGUMENT: Masterclass -- The Constitution Article I, The Power of the Purse

  • The first power of the purse the Constitution affords the legislative branch of government in Article I is the power to pay themselves, as section 6 of Article 1 provides: “The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.” 
  • The second power of the purse is Article I's most controversial and most consequential: the power to tax and the power to borrow, or, colloquially, the power to “raise Revenue” in section 7. The mechanism for “raising revenue” shall be by legislation that “shall originate in the House” and then be concurred with by the Senate. The power finds explicit enumeration in Section 8: lay taxes; collect taxes; lay duties; collect duties; lay imposts; collect imposts; law excises; collect excises; pay debts; borrow money on credit of the US; coin Money; regulate the value of Money; regulate the value of foreign Coin; fix weights and measures; appropriate money to support Armies (capped at 2 years); provide and maintain a Navy; provide for arming the Militia; and the broad “necessary and proper” catchall in Section 8. The power of the purse finds further enumerated restrictions within Section 1 itself, though subsequent Constitutional provisions could further constrain and restrain the power of the Purse: section 8’s requirement that all “duties, imposts and excises” must be “uniform”; section 9’s prohibiting a tax on importation of people capped at $10 per person; prohibiting any tax that constitutes a bill of attainder or ex post facto law; no direct tax unless apportioned amongst the states; no tax on exports; no port-preferential tax; and no money spent that is not “in consequence of appropriations made by law”. 
  • The Sixteenth Amendment clarified one key aspect of the power of the Purse: enumerating Congress “power to tax” including the power to “law and collect taxes on incomes” regardless of “whatever source derived” without requiring apportionment. This removal-of-the-source rule was later interpreted to be a Congressional reversal by Constitutional Amendment of the Pollock decision of 1896, and enshrining the dissenting opinion as the authoritative interpretation of the power of the Purse in the court’s Brushaber decision by the dissenting Pollock Judge turned Brushaber Chief Judge White. White would treat any tax on income as an indirect tax, and decided that’s all that the 16th Amendment authorized, codifying his 1896 dissent into the Constitution in 1913.  White used the 1794 Carriage Tax Act to claim a direct tax was a tax on an object whereas an indirect tax was a tax on use, effectively affording a broad power to tax “incomes” as long as the subject of the tax was the gain severed from the source rather than a tax on existing or ownership.  The absent clarity from the court enabled Congress to evade ever defining income itself subject to tax since 1916. 
  • This power of the purse exceeded that intended by many in the founding generation, as the Articles of Confederation did not authorize such centralized, federalized power to begin with, and the anti-federalists proved prescient in their warning against the bond-holding elite that packed the text-writing segments of the Constitutional Convention, as well detailed in Charles Beard’s Economic History of the Constitution. https://cdn.mises.org/11_1_6_0.pdf#:~:text=The%20Antifederalists'%20fundamental%20and%20most%20enduring%20objection,in%20nearly%20all%20of%20the%20Antifederalist%20writings.
  • As one of that generation, known only as Federal Farmer, forewarned: “The only semblance of a check is the negative power of not re-electing them. This, sir, is but a feeble barrier, when their personal interest, their ambition and avarice, come to be put in contrast with the happiness of the people. All checks founded on anything but self-love, will not avail.” 
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The Barnes Brief

I.  Schedule

      A.  Interview on World Apart RT https://vivabarneslaw.locals.com/post/7495641/interview-w-rt

      B.  Interview w/ Michael Malice https://vivabarneslaw.locals.com/post/7495633/michael-malice-interview

      C.   Interview on Duran https://vivabarneslaw.locals.com/post/7477013/live-w-duran 

II. The Evidence

 

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The Barnes Brief: Weekend of November 21, 2025

I.    INTRODUCTION

A. Art of the Day

We the People. It stands out above all in the scribed parchment inside the glass-encased shield inside the Rotunda of Congress with three words bigger than the rest: We The People. Penned on a single sheet of animal skin by Jacob Shallus, it stands out as the Great Charter of American liberty, the profound experiment in self-government, and still stands today as the oldest and shortest written constitution of any major government in the world today. Those words stand out above the rest, written in flowing letters outsized to the text, to remind the world upon what power our government sits: We the People.

B. Wisdom of the Day

“Monopoly is a great enemy” and a “wretched spirit” which poses a greater threat to the free market than as it prevents free enterprise from self-defense. Adam Smith.

C. Cultural Recommendation

Ratification: The People Debate the Constitution tells the tale of what the true founders – the generation that birthed freedom on this continent – thought as they argued the merits of this new document. https://www.goodreads.com/book/show/7841680-ratification

D. Appearances

II.                         THE EVIDENCE

 *Note: A reminder — links are NOT endorsements of the ideas contained therein. The Library is big, and it mostly consists of ideas I do not personally share.  

 

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