Defense attorney: ‘We see no reason why they can’t continue doing work that needs to be done’

Sherry Bunting, Farmshine, May 24, 2024

HARRISBURG, Pa. – Rusty Herr and Ethan Wentworth are home with their families after their 30-day incarceration on contempt linked to an investigation and subpoenas for records and names regarding ultrasounding of livestock as part of their NoBull Solutions breeding services.

Through their attorney Robert Barnes of Barnes Law LLP and founder of the 1776 Law Center, the two men and their families express gratitude for the prayers that have meant so much, and donations for their legal defense.

“Their wives and children are glad they are home, and we are putting together our plan to protect their interests going forward, while fighting the legal onslaught,” said Barnes in a Farmshine interview Monday, May 20.

He met with them and their families in Lancaster County last week, and he shares that they saw things and experienced things they are not ready to talk about. 

“It was psychological torture,” said Barnes. “The state officials may have thought this would break them, but it has not had that impact. They are caught up in something bigger than themselves.”

Barnes also met some of NoBull Solutions’ customers, who talked about the value of their services and their shock over the situation.

He noted that the Habeas Corpus petition is now moot because the men are no longer in jail, having served the 30 days. However, Barnes said they have appealed the contempt order to the State Supreme Court with direct appellate authority over the Commonwealth Court.

NoBull Solutions “continues to get served subpoenas, and we continue to object to those, so this is yet to be determined,” said Barnes, adding that they “are still not personally named, which is a very odd dynamic. Subpoenas had been done on NoBull Solutions, but the individuals were never properly served or named party to the case.”

Referring back to docket 325 MD 2021, Herr and Wentworth have not been noticed individually, with only NoBull Solutions listed as respondent in the 2021-23 investigative subpoenas and petitions for enforcement. 

No new documents have been added since the April 29 rulings by the Commonwealth Court judge, who unsealed the docket and denied the petition for immediate relief.

Barnes explains that his office is contesting jurisdiction, authority, and bringing constitutional objections.

“We are looking at bringing a federal civil rights claim against the various state actors and private participants that appear to have conspired with state actors to violate their civil rights,” said Barnes, noting they hope to get clarity on the scope of these laws in the process.

He reviewed the legislative history with several lawmakers who have reached out.

“They say they made sure farmers were completely excluded from this type of action, so the language allows practices on your own animals and anyone working as your employee or your agent, which is broad. Here, they’ve made it clear that anyone that’s your ‘agent’ would be excluded,” he said. 

Barnes sees the use of ‘agent’ in the law as substantive. 

“There is no question whatsoever that they are exempt because they worked for farmers as their ‘agent,’” he said.

He confirmed that his office has heard from both state and federal legislators and from staff for two of the three presidential candidates.

There are aspects of this case and the NoBull defense that go to the substance of the authority here, in addition to alleged due process violations.

“We will be seeking legal clarity from the courts on these questions,” said Barnes.

When asked specifically what happens now in terms of their work? Barnes was blunt.

“We believe what the state is doing is illegal, and we see no reason why they can’t continue doing work that needs to be done for farmers in Pennsylvania, which is legal and entirely economically necessary,” he said.

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