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The Barnes Brief: Monday, May 8, 2023
May 08, 2023
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Barnes Brief

Schedule This Week

  • Bourbon w/ Barnes: Monday, Tuesday & Thursday at 9-ish pm est
  • The Closing Argument Today: The Brook Jackson Argument. (*Note: you are free to share this with anyone, as it has been placed into the official public record on the court docket in the pleadings in the case.)

Introduction: Top 10 Headlines

  • King Charles coronated in England. Grandkids steal the show.
  • Chelsea Clinton wants to force all kids to take all vaccines. Guess who helping? Bill Gates & WHO.  
  • Massive migrant train gathers on southern border.
  • Tyson Foods stocks drop again. Voodoo doll happy.
  • Chile elects right-leaning parties to rewrite Constitution.
  • Barr hid Biden corruption exposed by whistleblower.
  • ChatGPT panic source arrested.
  • Covid tests contaminated.
  • Georgia soon to have Florida-type power to remove DAs.
  • Biden admin using Strategic Petroleum Reserve to mask economic problems, while half of boomers report no savings.

Wisdom of the Day: “There is a growing coalition of populist forces on the left and right that are convening right now and that are finding common ground. And that really is probably the only thing that is going to rescue American democracy.” Robert Kennedy Jr.

The Evidence: Top Ten Articles from The Barnes Library

  1. Trouble in the credit system. https://www.zerohedge.com/markets/sloos-finds-even-tighter-credit-standards-collapse-ci-loan-demand-and-dire-outlook-rest
  2. Collapse of trust in the west. http://charleshughsmith.blogspot.com/2023/05/once-trust-has-been-lost-theres-no.html
  3. Vaccine harm: more proof. https://metatron.substack.com/p/covid-public-inquiry
  4. Foreign aid fails. https://www.liberalpatriot.com/p/the-limits-of-foreign-aid
  5. Stagflation cometh. https://quoththeraven.substack.com/p/the-path-to-full-stagflation
  6. Vaccine inefficacy. https://jdee.substack.com/p/assessment-of-vaccine-efficacy-part
  7. Streaming caused writers’ strike. https://www.msn.com/en-gb/money/technology/streaming-broke-the-career-ladder-striking-hollywood-writers-say/ar-AA1aTuAO
  8. Donors see the writing on the wall, and abandon DeSantis.https://www.politico.com/news/2023/05/08/wall-street-desantis-reelection-00093736
  9. Deciphering Prigozhin: a different take. https://sonar21.com/evgeny-prigozhin-truth-teller-mad-man-or-maskirovka/
  10. Tucker considering his own Tucker-branded news network.https://www.axios.com/2023/05/07/fox-news-tucker-carlson

*Bonus: Local board member happy baby born. https://vivabarneslaw.locals.com/post/3970015/a-huge-white-pill-my-daughter-was-born

Closing Argument: Brook Jackson v. Pfizer

Pfizer's fraudulent scheme uncovered by Brook Jackson included: first, presenting a false claim to the government for payment of a product Pfizer never delivered nor ever intended to deliver; second, Pfizer's express certifications to the government the product was delivered according to the contractual terms when it wasn't; third, Pfizer's implied certification to the government the product was delivered according to the rules of clinical trials when it wasn't; and fourth, Pfizer's fraud in the inducement by Pfizer promising to deliver a product they never intended to deliver and knew they couldn't. Pfizer lied and people died. 

Fraudulent Presentment: Pfizer's invoices sought payment for delivering a safe, effective, vaccine for the prevention of Covid19. Pfizer never delivered the ordered product. Pfizer never delivered a safe drug. Pfizer never delivered an effective drug for the prevention of Covid-19. Pfizer never even delivered a vaccine. Pfizer expressly guaranteed each of these in their invoice by stating the product was in conformity with the contract because the contract itself compelled this language in the invoice as a precondition of payment. Pfizer knew they didn't. Additionally, the contract incorporated the EUA requirements into the contract – there had to be no effective alternative treatments before payment could issue. Pfizer lied by claiming no alternative effective treatments existed for Covid19, but hid information from the government concerning it. Worse, what Pfizer delivered was a historically dangerous, ineffective, gene therapy that didn't prevent Covid19 at all, but would cause the deaths and disabilities of millions, and they knew it. Billions of taxpayer money lost, millions of disabilities and hundreds of thousands of American deaths, and this is the consequence of Pfizer’s fraud. Pfizer lied and people died. 

Fraud by Express False Certification: Pfizer certified their product complied with all the regulatory requirements explicitly included in the contract, when they used the contractually required language that required a contractually compliant product in the certification in the invoice. Pfizer's contract required they comply with all clinical testing safeguards and safety metrics required to assure their product was the required deliverable: a safe, effective, vaccine for the prevention of Covid19. Pfizer didn't comply with any of the clinical trial safeguards and safety metrics because they knew compliance would expose their produce as a historically dangerous, ineffective, gene therapy that didn't prevent Covid19 at all, but would cause the deaths and disabilities of millions, and they knew it. Billions of taxpayer money lost, millions of disabilities and hundreds of thousands of American deaths, and this is the consequence of Pfizer’s fraud. Pfizer lied and people died. 

Fraud by Implied False Certification: Pfizer implicitly certified their product complied with all the regulatory requirements included in the contract, when they used the contractually required language that required a contractually compliant product in the certification in the invoice. Pfizer's contract required they comply with all clinical testing safeguards and safety metrics required to assure their product was the required deliverable: a safe, effective, vaccine for the prevention of Covid19. Pfizer didn't comply with any of the clinical trial safeguards and safety metrics because they knew compliance would expose their produce as a historically dangerous, ineffective, gene therapy that didn't prevent Covid19 at all, but would cause the deaths and disabilities of millions, and they knew it. Billions of taxpayer money lost, millions of disabilities and hundreds of thousands of American deaths, and this is the consequence of Pfizer’s fraud. Pfizer lied and people died. 

Fraud in the Inducement: Pfizer induced the contract in the first instance by promising a particular deliverable: a safe, effective, vaccine, for the prevention of covid19, produced at both extraordinary speed and exceptional scale. At the time Pfizer made that promise, it never intended to, and knew it could not, deliver. The means of measurement of the safety, efficacy, immunization capacity and preventative capability of their product were clinical trials conducted in accord with the FDA rules. Pfizer induced the contract by fraud in the inducement, knowing it could not deliver a safe product, an effective product, a vaccine, or a drug for the prevention of Covid19 at speed and scale. Pfizer knew accurate clinical testing data would reveal those lies. Pfizer knew accurate clinical testing data would reveal a dangerous, ineffective product that was not a vaccine and didn't prevent Covid19. Pfizer knew accurate clinical trial data would show its product caused death, disability and disease, not prevented it. Brook Jackson uncovered this when she uncovered the clinical fraud. Pfizer didn't comply with any of the clinical trial safeguards and safety metrics because they knew compliance would expose their produce as a historically dangerous, ineffective, gene therapy that didn't prevent Covid19 at all, but would cause the deaths and disabilities of millions, and they knew it. Billions of taxpayer money lost, millions of disabilities and hundreds of thousands of American deaths, and this is the consequence of Pfizer’s fraud. Pfizer lied and people died. 

False Records & False Claim: As part of the fraud, Pfizer falsified records, fabricated data, perjured statements and submitted fraudulent certifications. Pfizer did so to hide their fraud in inducing the contract in the first instance, to mask their fraudulent invoices, and to deceive the government about their fraudulent certifications to the government about what they were delivering to the government and how the product came to be developed contrary to contractual compliance, regulatory requirement, and ethical stricture, as well as the very essence of the bargain. Billions of taxpayer money lost, millions of disabilities and hundreds of thousands of American deaths, and this is the consequence of Pfizer’s fraud. Pfizer lied and people died. 

Materiality: Pfizer fooled both the Defense Department and the Food and Drug Administration. Neither the Defense Department nor the FDA knew Pfizer lied. Though later aware of allegations of fraud, both the DOD and FDA believed Pfizer's lies, and did not believe the fraud allegations against Pfizer. Pfizer lied when they claimed they could produce a safe, effective, vaccine for the prevention of Covid19 at speed and scale. Pfizer lied when they said they would comply with the clinical trial standards necessary to assess and predict efficacy, safety and immunization capacity. Pfizer lied in their invoices, their certifications, their statements, their records, their data, and their public reports. Pfizer even lied by claiming no alternative effective treatments existed. Pfizer continued to lie to this day, including hiding adverse events reporting occurring to this very day. Indeed, Pfizer, to this day, often delivers a different chemical compound than the one ordered, altering or adulterating their delivered product. These lies mattered because the FDA and DOD bought the lies – hook, line and sinker. And they still do. That doesn’t make them any less a lie, nor any less material to the outcome of the matter. Does anyone sincerely think an objectively reasonable agency would buy a dangerous, ineffective, gene therapy that disables millions, kills hundreds of thousands, costs billions of dollars, and doesn’t even prevent Covid19?

Essence of the Bargain: Pfizer induced the contract itself by promising to deliver a clinically-test, data-documented, medically-proven, ethically-compliant, safe, effective, vaccine, for the prevention of Covid19, at speed and scale, without any other alternative available for either treatment or prevention of Covid19. Pfizer knew they couldn't do that. Indeed, Pfizer knew there were effective alternatives available that precluded Pfizer from ever obtaining authorization for their product. So Pfizer lied. A lot. Pfizer, were it Pinocchio, would have a nose that travels across galaxies by now. Instead, Pfizer delivered a dangerous, ineffective, gene therapy that didn't prevent anything, when Pfizer knew there were effective alternatives available. Pfizer's product caused more harm than good. Pfizer lied to induce the contract, then lied to induce EUA, and then lied to induce payment. Brook Jackson witnessed this fraud, reported it to her superiors, expressed concern to her employer that this was fraud on the government, and when she blew the whistle to the government, she was quickly fired because her employer knew the scale of the fraud on the government she was exposing and wished to silence her instead. Pfizer’s counsel even tried to call her on her personal phone number at her private home the day she blew the whistle to the FDA. The effect of Pfizer's action is the worst fraud on the government in public health history, and the biggest public health debacle of American history. Pfizer, which falsely advertised the product as a safe, effective, vaccine for the prevention of Covid19 and secretly paid other organizations to lobby for their product to be mandated upon the public as a condition of employment, caused the deaths and disabilities of millions of Americans, while defrauding the American people of billions of dollars. Pfizer lied and people died. Are the courts as dead as a Pfizer vaccine victim?

Conclusion: Pfizer promised a safe, effective, vaccine for the prevention of Covid19. Pfizer promised they could prove it with strict compliance to the rigorous rules and restrictions of the FDA clinical trial safeguards. Pfizer promised honest data from clinically-compliant testing. Pfizer lied. Pfizer lied from the inception, and kept lying to cover up the first lies to keep the checks flowing. Pfizer lied, people died, and Pfizer got billions for it. That is what Brook Jackson uncovered. That is what she told her employer she uncovered: fraud upon the government for billions of dollars. Pfizer lied. People died. Does Pfizer get to get rich off it?

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The Barnes Brief: Friday, February 28, 2025

Schedule

Future

  • Friday at 9ish pm eastern: Betting w/ Barnes AMA
  • Saturday Night at 9 pm eastern: Movie TBD
  • Sunday at 6 pm eastern: Viva & Barnes, Law for the People

Book Recommendation: Have in a Heartless World by Christopher Lasch. The Family vs. the State.  https://www.goodreads.com/book/show/724188.Haven_in_a_Heartless_World

Art of the Day: The last photo of my father with the family around Christmas 1985. I sit right in front of him, with my brother and mother next to him, and my sisters Martha, Brenda and little Laura rounding out the family photo. My father loved Christmas, and lived for it, and it remains my first thought whenever I think of him. I think about this as I try to defend a father stripped of the chance to even talk to his son; I can only imagine what horrifying effect such an action could have had on my father, and it reminds me why taking on difficult cases against difficult odds remains critical to defend people like him from the harms the more powerful can inflict. The family remains the haven in a world especially when that world turns heartless.

Wisdom of the Day: “It is easier to build strong children than to repair broken men.” Frederick Douglas.

The Library: Five Curated Articles of the Week

  1. Zelensky Exposed
  2. IRS Leaks
  3. Trump tariffs
  4. Bureaucracy Revealed
  5. Epstein files hidden

*Bonus: Math to the rescue?

 

Top 5 Cases TBD Sunday

  1. Senseless in Seattle
  2. Big Tech vs. Parents
  3. Hollywood drama: Privacy in Discovery
  4. SCOTUS: Trump
  5. SCOTUS: Prosecutorial Duties

*Bonus: Washington Right to Parent

 

Closing Argument: Senseless in Seattle

 

  • The upcoming trial of Kurt Benshoof is a most peculiar one – the government seeks to imprison him for a decade or more. What purports to justify this? Benshoof texted his son, sought legal claims to his car, home and custody of his son, and texted and called his son’s mother concerning his son. The government labels this “stalking” and “harassment.” Why? Because Benshoof’s real crime is his beliefs.
  • Anyone familiar with family disputes and divorces knows that people involved in such disputes can be quite unkind to one another, but rarely is it prosecuted as a crime. Benshoof’s case reveals a new front of the culture conflict: weaponizing the legal system to take away the parental rights of dissidents in a war on the family, and especially a war on fathers.
  • Benshoof objected to trans ideologies being taught to his son, objected to vaccine and mask mandates on his son, and objected to his son being given the Covid 19 vaccine. As a consequence, his son’s mother got the son vaccinated in secret, without the father’s notice or knowledge, and without informing their teenage son of any of the risk of the vaccine.
  • After the father protested, the mother took him to court. The court also did not like Benshoof’s beliefs about Covid, the vaccine, and trans ideologies being taught his son, with guardians ad litem reporting him as a “transphobe” that should be denied contact with his son. The court ultimately agreed, and prohibited Benshoof from even contacting his son or responding to his son. When Benshoof responded to his son and told him he could live with him if he wanted when he was upset, the government charged Benshoof with the crime of stalking and harassment for talking to his son and for any attempts at communicating with his son’s mother about his son. How? Because dissident belief is now “abuse”. Dissident belief is now “stalking”. Dissident belief is now “harassment.”
  • This is why the Benshoof case is consequential beyond him. It’s the fundamental right to parent one’s own children without the government dictating what beliefs are ok to share or not share with your own children, what values they will be imparted with, and whether they have to be the guinea pig in a medical experiment.
  • I took on the case despite the difficult odds – a Seattle jury pool and judicial officials hostile to Benshoof and his beliefs and fully onboard the woke cultural revolution to impose on kids – because the family is still the haven in a heartless world, and we need more fathers to care for their sons, not fewer.
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The Barnes Brief: Friday. February 21, 2025

Schedule

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  • Friday at 9ish pm eastern:  Betting w/ Barnes: SportsPicks Subscribers Exclusive AMA
  • Saturday Night at 9 pm eastern: Movie TBD
  • Sunday at 9 pm eastern: Viva & Barnes, Law for the People
  • Tuesday-Thursday February 25 to 27, Bourbon w/ Barnes at 9ish eastern

Book Recommendation: Lords of Poverty detailing the fraudulent way many “aid” NGOs work. https://www.goodreads.com/book/show/53331.Lords_of_Poverty

Art of the Day: From one of the meme maker maestros, an elegant image of simply luxuries to end a hard day’s labor – a smooth glass with a big piece of ice draped in the inviting bourbon sharing the space with a lit cigar, against the backdrop of a whiskey cast with the name slipped in Viva/Barnes…very well done!

Wisdom of the Day: “I still remember, 40 years ago, when I was shackled and put in prison…Being an American citizen didn’t mean a thing then.” Fred Korematsu.

The Library: Top 5 Curated Articles of the Week

  1. A new disease: post Covid vaccination syndrome
  2. Language police
  3. Populist left protest
  4. Homeless rise
  5. Left uncovers why young people shifted                                                                                        

*Bonus: King of late night

Top 10 Cases TBD Sunday

  1. SCOTUS: Civil Rights
  2. SCOTUS: No Justice
  3. SCOTUS: Qui Tam Fraud
  4. SCOTUS: Prejudicial evidence
  5. Senseless in Seattle: Benshoof Case
  6. 1st Amendment Prosecutions
  7. Indentured servants
  8. Parental rights undermined
  9. Trans protections in prison
  10. Doge in court

*Bonus: High Seas power.

 

Closing Argument: Politicized Punishment

From my sentencing brief in the Senseless in Seattle case:

  • How much is enough? Mr. Benshoof has lost his car, lost his home, lost the right to contact his son, and lost his liberty for months in jail. He faces another trial on related charges. The Prosecution suggests an 81-year prison sentence, and formally now seeks an unprecedented, harsh, punitive six-year prison sentence with de facto termination of parental rights in a 5-year no contact order with his own son – for what?  A father texting his teenage son. The son often sought out the contact, and never complained about the contacts. Instead of the facts of this case, the government focuses on everything but this case, while ignoring the punishment that has already been imposed on the defendant. A just sentence conforming to Constitutional principles calls for a time served sentence, not a sentence longer than what some rapists get.  
  • Indeed, the entire case is predicated on a serious Constitutional offense – punishing a defendant for asserting his fundamental right to parent. A court cannot circumvent the Constitutional and statutory processes for terminating parental rights with “no contact” orders. The government’s sentence, if imposed, raises additional Constitutional questions, including terminating parental rights without due process of law and punishing defendants based on the individual interest of prosecutors and courts because the defendant brought legal complaints against them. 
  • Few fundamental rights are more important than the parental right to contact, control and custody of their minor children. Indeed, “[a] parent's right to control and to have the custody of his children is a fundamental civil right which may not be interfered with without the complete protection of due process safeguards.” In re Dependency of K.N.J., 171 Wash. 2d 568, 574, 257 P.3d 522, 526 (2011) (quoting Halsted v. Sallee, 31 Wash. App. 193, 195, 639 P.2d 877 (1982)). Mr. Benshoof, as a “natural parent, has a fundamental liberty interest in his custody and care of” his son. Id. (quoting In re Custody of C.C.M., 149 Wash.App. 184, 203, 202 P.3d 971 (2009)).  “Procedures used to terminate the relationship between parent and child must meet the requisites of the due process clause of the Fourteenth Amendment to the United States Constitution.” Id. at 574 (quoting Lassiter v. Dep't of Soc. Servs., 452 U.S. 18, 24–32 (1981)). Indeed, the Court of Appeals has previously noted that relocation and dependency proceedings are distinguishable from termination proceedings because they do not “sever all contact between the nonresidential parent and child.”  In re Marriage of Wehr, 165 Wash. App. 610, 615, 267 P.3d 1045, 1048 (2011). Here, however, the no-contact order at issue in the case, and the no contact order recommended by the prosecution would sever all contact between Mr. Benshoof and his son: without Due Process or the required statutory termination procedures.
  • None of these steps ever occurred: the prior court order stripped the Defendant of his fundamental rights without conforming to Constitutional or statutory process, and punishing him for asserting that right is as problematic as now seeking to create a new no contact order stripping him of those fundamental rights into the future. The Prosecution seeks to skip right over all of the Due Process protections built into a termination procedure and skip directly to the results of the termination: preventing Mr. Benshoof from seeing or contacting his son ever again. The Prosecution is essentially demanding a constructive termination of the parental relationship. Worse still, they demand this against the wishes of Mr. Benshoof’s son – who has the legal right to choose which parent he wishes to retain custody.
  • The government asks this court to commit the very abuses of power that led to standardizing sentencing in the first place: the need to treat similarly situated people similarly. The government’s punitive sentencing request invites yet another legal error: it demands punishment because the defendant has brought legal action against prosecutors and judges. This demand violates the defendant’s right to petition the government for redress of grievances, a Constitutional policy that prevents people seeking extra-legal remedies. While the government objects to the defendant constantly seeking out the courts for remedy, the government ignores his Constitutional right to do so, including the defendant challenging the service of process of the no-contact order at issue in this case, and challenged its constitutionality and jurisdictional authority as well. No one – until now – has sought to imprison someone for petitioning the court for redress of grievances, a First Amendment protected right. Aside from the Constitutional concerns, the government’s complaints about the defendant’s pro se litigation ignores that this case doesn’t concern those matters and that the defendant had already been punished. Mr. Benshoof has already been penalized with denial of the right to sue without advance court permission, dismissal of his petitions, denial of his complaints and appeals, and financial fines. By contrast, a time served sentence conforms to other comparable cases, Constitutional principles, and just sentencing.
  • It is apparent the legal authorities of the Seattle area dislike Benshoof’s pro se litigant and Covid policy protest past, but that is not the basis for imposing the harshest punishment ever imposed on a middle aged defendant with very little criminal history, who has already lost his ability to seek judicial redress without advance judicial permission, lost his car, lost his residence, and lost custody of his son, when that sentence will undermine confidence in the legal system and not be a truly just sentence. How much is enough? 

 

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The Barnes Brief: Friday, February 14, 2025

Schedule

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

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

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

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

 

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