In Re Kimberlin v. Walker, et al.


The Kimberlin v. Walker, et al. nuisance lawsuit is now in the discovery phase. I was served with interrogatories which I answered through counsel. Some of the questions sought privileged information which I declined to provide. The Dread Pro-Se Kimberlin filed a motion with the court seeking to compel me to answer those questions. The court has denied his motion.

I do not wish to make any further comments concerning the discovery process in the lawsuit until that phase is completed.

You can help my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me defend our First Amendment rights from Brett Kimberlin’s vexatious attack. Go to Bomber Sues Bloggers to find out how.

UPDATE—I can add that motion to compel which Judge Rubin denied was also directed against Aaron Walker and Stacy McCain, so they will not be required to provide further discovery either.

UPDATE 2—Nothing I have provided in discovery is under seal, and I expect that when the materials are released TDPK’s questions and my answers will be the source of some amusement. However, it is not in my interest to do anything that has the potential for providing an advantage to TDPK, so neither my lawyer nor I believe it is in my best interest to publish anything.

Yet.

Stay tuned.

Yours Truly, Johnny Atsign


Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

AARON: (Telephone Filter) Johnny? There’s a change of plans.

JOHNNY: What’s up?

AARON: (Telephone Filter) I’ve sent you an email. Read it and call me back

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out.

JOHNNY: At this point in the program, I’d normally tell you that the following is partial extract of the tweets sent and received during my investigation of Short-Fused Dud Matter, but things are different this evening. After reading Aaron email, it’s obvious that I’m going to be busy running down a new lead that has popped up over the weekend. This week we were going to take a look at the cards The Bomber thought he was playing, but the deck’s been shuffled.

I need to ask you to wait another week for the next intriguing episode.

Yours Truly, Johnny Atsign!

MUSIC: Swell theme and under

ANNOUNCER: Yours Truly, Johnny Atsign, starring W. J. J. Hoge, is transcribed in Westminster. Be sure to join us next Monday, same time and URL, for the next exciting episode of Yours Truly, Johnny Atsign.

MUSIC: Theme up to music out.

ANNOUNCER: Johnny Atsign is a work of fiction. If anyone thinks it’s about him, he should read Proverbs 28:1. This is LBS, the Lickspittle Broadcasting System.

Thanks for the Links


A significant number of page views here at Hogewash! come from outside links. I’d like to thank those sites that have sent viewers this way during the past week. In addition to hits from search engines, Twitter, LinkedIn, and Facebook, Hogewash! has had visitors linked from:

Allergic to Bull
The Daley Gator
Saber Point
The Other McCain
Da Tech Guy
The Camp of the Saints
PJ Media
Texas Slant
Conservative Hideout 2.0
Patterico’s Pontifications
Evi L Bloggerlady
The Crying Wolfe
Bob’s Blog

Thank you, fellow bloggers, for your generous links. Also, thank you to everyone who has stopped by Hogewash! this past week. Please keep coming back.

Sanctions Hearing Transcript


Here is the transcript of the 9 April, 2014, sanctions hearing in the Kimberlin v. Walker, et al. nuisance lawsuit.

You can help my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me defend ourselves from The Dread Pro-Se Kimberlin’s vexatious attack on our First Amendment rights. Go to Bomber Sues Bloggers to find out how.

UPDATE—It seems that the news of the hearing on the 9th is getting around and that some of the other defendants in the RICO Madness would like to bring it to the attention of Judge Grimm.

Yours Truly, Johnny Atsign


Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Cell phone rings once.

JOHNNY: Johnny Atsign.

PRO BONO: (Telephone Filter) Johnny? Where are you? I thought you’d be back today.

JOHNNY: Not yet. I’ve taken a detour to run down another lead.

PRO BONO: (Telephone Filter) Oh?

JOHNNY: I’m driving back from Chicago rather than flying. It’s given me a chance to stop off along the way and interview some witnesses.

PRO BONO: (Telephone Filter) Witnesses? To what? Where?

JOHNNY: Right now, I’m in Bloomington.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

Continue reading

Thanks for the Links


A significant number of page views here at Hogewash! come from outside links. I’d like to thank those sites that have sent viewers this way during the past week. In addition to hits from search engines, Twitter, LinkedIn, and Facebook, Hogewash! has had visitors linked from:

The Other McCain
Allergic to Bull
Saber Point
The Daley Gator
Conservative Hideout 2.0
Lee Stranahan
The Camp of the Saints
Raging Against the Rhetoric
Batshit Crazy News
Evi L Bloggerlady

Thank you for those links, fellow bloggers, and thank you to everyone used them.

I also had some hits on the site referred from myvirpus.com/vnetadmin/supporttickets.php?action=viewticket&id=123552. That’s a link related to a support ticket from the server farm that supports IP address 50.115.175.148.

Hmmmm.

Blognet


MUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A group of bloggers have been writing about the activities of a paroled domestic terrorist and his associates. He, in turn, has sued them, and there appears to be some irregularities with service of process. Your job … sort out the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual crime. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end. From crime to punishment. Blognet is the story of the good guys in action.

MUSIC: Up and out.

SOUND: Footsteps in hallway.

FRIDAY: It was Saturday, January 11th. It was cold and raining in Westminster. We were working the day shift out of Internet Detail. My partner’s Liz Smith. The boss is Twitter Town Sheriff, W. J. J. Hoge. My name’s Friday. It was 11:14 am when Liz and I went to Room S-121. Forensics. Continue reading

The Weakness of Lies


The Cabin Boy™ has made the extravagant claim that I’ve published a thousand “hate” posts about him since February, 2013. A search of this blog turned up 520 posts that mention him since 3 September, 2012, and none before that. The Cabin Boy’s™ response was that I must need new software for the site. Perhaps, but I am given to understand that  WordPress.com runs on the latest stable version of WordPress.

Still, I wondered if I was missing something in my search, so I began checking the posts Schmalfeldt claimed were about him. This one caught my eye.P-OLink2HogewashFirst, it’s from before February, 2013.

Second, it doesn’t seem to mention Schmalfeldt.ThePowerOfTruthAt least, it doesn’t unless the Cabin Boy™ is admitting to being a member of Team Kimberlin (but The Dread Pirate Kimberlin says it’s defamatory to say Team Kimberlin exists) or is admitting to being Mr. Down Twinkles. Or both. (You can check out the post with its comments here.)

There are some folks who would do well to read that original post.

Truth wins in the end.

Yours Truly, Johnny Atsign


Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Old fashioned telephone bell rings four times.

JOHNNY: (Groggy) Johnny Atsign.

PRO BONO: (Telephone Filter) Good morning, Johnny. Did I wake you?

JOHNNY: Ah, yeah. It’s 5 o’clock out here on the West Coast.

PRO BONO: (Telephone Filter) Sorry about that, but this is important. You’re done out there, aren’t you?

JOHNNY: I’ve run down all the leadd we’ve got.

PRO BONO: (Telephone Filter) OK. Look, I’ve got you booked on a 9 am flight from LAX to Chicago. There’s more digging to do there.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

Thanks for the Links


A significant number of page views here at Hogewash! come from outside links. I’d like to thank those sites that have sent viewers this way during the past week. In addition to hits from search engines, Twitter, LinkedIn, and Facebook, Hogewash! has had visitors linked from:

Allergic to Bull
Saber Point
The Other McCain
The Crying Wolfe
The Camp of the Saints
The Daley Gator
Palatine Pundit
Evi L Bloggerlady
Conservative Hideout 2.0
The Lonely Conservative
Hot Air
Patterico’s Pontifications
Batshit Crazy News
Tree of Mamre
Dead Citizen’s Right’s Society
Instapundit
Lee Stranahan
Da Tech Guy Blog

Thanks, one and all, to my fellow bloggers for their generous linkery. Also, a special thank you this week to all 7.1 million readers who signed up by 31 March. Please keep coming back.

Blognet


MUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A group of bloggers have been writing about the activities of a paroled domestic terrorist and his associates. He, in turn, had been seen stalking some of those blogger, and photographs related to that stalking have been published on the Internet. Your job … connect the dots.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual crime. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end. From crime to punishment. Blognet is the story of the good guys in action.

MUSIC: Up and out.

SOUND: Footsteps in hallway.

FRIDAY: It was Friday, March 1st. It was clear and unseasonably warm in Westminster. We were working the evening shift out of Internet Detail. My partner’s Liz Smith. The boss is Twitter Town Sheriff, W. J. J. Hoge. My name’s Friday. It was 7:36 pm when I got back to the office.

Continue reading

In Re Kimberlin v. Walker, et al.


The Maryland Judiciary Case Search database indicates that The Dread Pro-Se Kimberlin has filed a second amended complaint in his nuisance lawsuit in Montgomery County, Maryland, Circuit Court. My lawyer has not yet received service of the amended complaint.

I do not expect to have any further comment on the case until after I have reviewed the amended complaint with my lawyer.

UPDATE—TDPK has emailed my lawyer a copy of the second amended complaint filed in the Maryland suit. The copy we received is not properly signed and does not include the required marked up version.

I will have no further comments on this amended complaint until I have discussed it with my lawyer.

On Freedom of Speech


One of the themes of this blog is support for the First Amendment, and that includes its free speech and free press clauses. Hogewash! supports everyone’s right to peaceably speak and publish. I support everyone’s right to publish his own blog or comment freely on blogs hospitable to his views. That does not oblige me to provide bandwidth for everyone who seeks it.

Indeed, I find emails and attempted comments like this one rather tiresome.pptoas_whinesSince most of these whiners seem to be left-leaning politically, I’m sure they would appreciate that this is a case where I agree with Chairman Mao, who said, “Let a hundred flowers bloom.” If they’re sincere, the whiners should plant theirs in their own gardens.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin is suing my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me for a million bucks because we have written truthful things about his past and current behavior and have expressed opinions about him. Here’s an opinion the Stacy McCain has expressed that TDPK imagines is defamatory. It’s taken from paragraph 49 of TDPK’s amended complaint in the Kimberlin v. Walker, et al. nuisance lawsuit.BKvAW2013-49That’s an expression of an opinion Stacy holds about Brett Kimberlin, and the expression of such an opinion is protected speech under the First Amendment. You can help us defend ourselves from TDPK’s vexatious attack on our free speech rights. Go to Bomber Sues Bloggers to find out how.

Oh, one more thing … I agree with Stacy.

Yours Truly, Johnny Atsign


Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Cell phone rings once.

SOUND: Outboard motor.

JOHNNY: Johnny Atsign.

PRO BONO: (Telephone Filter) Good morning, Johnny. Were you able to verify those files?

JOHNNY: Not yet. I have an appointment for lunch with our friend.

PRO BONO: (Telephone Filter) Good. What’s that I hear in the background?

JOHNNY: Oh, that! That’s an outboard motor. I’ve been fishing this morning. If you’re going to send me someplace near the water, you should expect me to go fishing.

PRO BONO: (Telephone Filter) OK. Just make sure you land a big one this afternoon.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

Continue reading

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin includes this in his Amended Complaint in his Kimberlin v. Walker, et al. nuisance suit filed in Montgomery County Circuit Court.BKvAW2013-69The statements he is whining about are factual reports about his past and current activities. Given TDPK’s apparent lack of remorse for his perjury, dope smuggling, forgery, bombings, and other crimes, I doubt that he feels any embarrassment or humiliation. That would require more conscience that he seems to possess.

opprobrium noun \ə-ˈprō-brē-əm\ : public disgrace or ill fame that follows from conduct considered grossly wrong or vicious.

You know, telling the truth about the Speedway Bombings and the Speedway Bomber ought to result in opprobrium. So how is that a tort?

You can help my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me defend ourselves from Brett Kimberlin’s vexatious attack on our First Amendment rights. Go the Bomber Sued Bloggers to find out how.

 

Prevarication Du Jour


The Cabin Boy™ is running out of straw men to argue against.P-O20140327a

Taking the last bit first, it’s been demonstrated that the IP address in question was not associated during 2012 with the Brazilian website he keeps mentioning.

Schmalfeldt is also lying about the relative timing between when the SWATting comment was sent and damage from Sandy.SWATcommentAs can be seen above, the comment came in at 12:29 in the afternoon. Sandy came ashore around 8 pm in New Jersey. Most of the damage to Baltimore Gas & Electric’s distribution system occurred north of Baltimore beginning in the late afternoon. (Howard County, which is south of Baltimore, was relatively lightly hit.) The Gentle Reader should also note that the Cabin Boy™ never claims that he lost either power or Internet connections, or, if he did, he never says when the loss occurred.

Oh, and one more thing …

LGbylineatBU20121030The Cabin Boy™ says that he had abandoned liberalgrouch.com before the date the SWATting comment was sent. Yet, he was promoting it in his byline at Breitbart Unmasked on 30 October, 2012, the day after the comment was sent. Indeed, he continued to promote it in his byline there until 25 November.

Thanks for the Links


A significant number of page views here at Hogewash! come from outside links. I’d like to thank those sites that have sent viewers this way during the past week. In addition to hits from search engines, Twitter, LinkedIn, and Facebook, Hogewash! has had visitors linked from:

Allergic to Bull
The Other McCain
Saber Point
The Daley Gator
Batshit Crazy News
Palatine Pundit
Evi L Bloggerlady
Dead Republican Party
Conservative Hideout 2.0
The Lonely Conservative
Defy the Narrative
That Mr. G Guy
The Camp of the Saints
Lowering the Boom
Dead Citizen’s Rights Society
ViralRead

Thank you, fellow bloggers, for those links. Also, thank you to everyone who stopped by Hogewash! this week. Please keep coming back.

Blognet


MUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A group of bloggers have been writing about the activities of a paroled domestic terrorist. He, in turn, has filed criminal charges against the bloggers, accusing them of harassment. Your job … investigate.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual crime. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end. From crime to punishment. Blognet is the story of the good guys in action.

MUSIC: Up and out.

SOUND: Footsteps in foyer.

FRIDAY: It was Monday, August 5th. It was bright and sunny in Montgomery County. We were working an investigation for Internet Detail. My partner’s Liz Smith. The boss is Twitter Town Sheriff, W. J. J. Hoge. My name’s Friday. It was 8:42 am when we got to the District Courthouse in Rockville.

Continue reading

Déjà Vu


I was scrolling through one of the Cabin Boy’s™ screeds over at Liberaland (Yes, that’s an active link. Colmes runs a safe site.), and I saw something that looked familiar. It was the avatar of one of the pro-Cabin-Boy™ commenters. I went looking through some files, and, sure enough, I found another use of that avatar.avatars

The use of the avatar shown on the left is from a comment made during the autumn of 2012 at a now-defunct website. The one on right is from the current Liberaland comments.

Hmmmm.

UPDATE—The Cabin Boy™ seems to think that I need to explain the provenance of the avatar on the left. I don’t.

First, if anyone in law enforcement wants to see the source documentation, they have but to ask. I will cheerfully assist them with their inquiry. Indeed, it may be that a copy of the source document is already in the hands of a law enforcement agency.

Second, Schmalfeldt knows when he was using the Liberal Grouch persona and the editor@liberalgrouch.com email address when he was commenting on blogs in late 2012. He knows where he made comments. And he can guess who gave me that information. What he doesn’t know is what else I have, and that should be a matter of concern for him and his associates.

On Decorum


Let me begin this post by saying that I greatly appreciate the support I have received from my readers over the past year or so while dealing with Team Kimberlin.

However, some of the comments that I am now seeing here at Hogewash! require redaction because of offensive or otherwise inappropriate content. Some have had to be trashed.

I have no problem with anyone ridiculing any of the members of Team Kimberlin. I have no problem with comments that point out their mistakes and foolishness. I do have a problem with vulgarity and gratuitous comments about third parties (especially family members who have no connection to a controversy. I will not tolerate any threats. As I have done in the past, I will forward any explicit threats against any person to law enforcement.

I encourage vigorous comments, but some of you need to clean up your acts if you want to keep posting here.

I remind all commenters that my allowing any particular comment to remain posted cannot be taken as an endorsement of its contents. Just because I allow someone into join the conversation here does not mean I agree with him.

Finally, as it says in The Fine Print, “Any comment posted to the site remains the property of the originator of the comment who is solely responsible for the content of his comment.”

An Evening in the Real World


I’ve spent most of this evening engaged in the real world. After work, Mrs. Hoge and I had some business to take care of near DC. After a leisurely dinner down there (Mmmm, Tilapia), the drive back to Westminster in the snow was pretty with the snow dusting the branches of the trees along the road.

Now that I’m back at work more or less full time, there will be hours long periods when I don’t attend to blogging. I’m told that one of my most ardent readers has interpreted my having a real life interacting with the real world as hiding. No, it’s caused by having a life.

RICO Madness Update


As promised, here’s the opposition that I filed against The Dread Pro-Se Kimberlin’s Motion to File Second Amended Complaint.

Also, TDPK has sent a letter to the judge, and rather than try to characterize it myself, here it is. The Gentle Reader may form his own opinion.

I didn’t make that up.

UPDATE—IANAL, but my understanding of the judge’s two orders goes like this. TDPK moved to amend the complaint by adding Twitchy as a defendant. The bit quoted in TDPK’s letter above is the judge granting permission to amend by adding Twitchy. He didn’t give leave for further amendments. Instead, he said that he would not accept any further amendments after 7 March.

UPDATE 2—So Judge Grimm has not yet ruled on whether to allow the Second Amended Complaint. Since TDPK made the addition of Twitchy a part of the SAC, I assume that Twitchy will not be added as a defendant if the judge denies the motion to amend. That will put the court back to dealing with the motions to dismiss against the existing version of the complaint.

UPDATE 3—My codefendant Aaron Walker, who is a lawyer, has a different take on the judge’s orders.

UPDATE 4—Stacy McCain chimes in here.