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, It’s Aaron. We won.

JOHNNY: Congratulations! How long was the jury out?

AARON: (Telephone Filter) It didn’t go to the jury. The judge cut it off after The Bomber rested his case and gave us a directed verdict.

JOHNNY: Well, we knew that he didn’t have a case.

AARON: (Telephone Filter) Yes. And he proved that for us.

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 lost the last bit of his Kimberlin v. Walker, et al. nuisance lawsuit last Tuesday, but most of it was put to rest during a hearing on 1 July. During that hearing, Judge McGann denied TDPK’s motion for summary judgment against my codefendants and me, and he granted our motions for summary judgment on five of the seven count of TDPK’s suit. The judge also ordered him to comply with discovery.

This transcript of the hearing shows how ineptly he has presented his case throughout the litigation.

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:

Instapunit
Popehat
Allergic to Bull
The Other McCain
Legal Insurrection
Night Shift Politics
Evi L Bloggerlady
Saber Point
Helm’s Deep
Batshit Crazy News
Marezilla
wizbang
DaTechGuy
Slate
Thinking Man’s Zombie
ViralRead
That Mr. G Guy
Lee Stranahan
Warai Otoko
The Camp of the Saints
Dead Citizen’s Rights Society
The Daley Gator
Conservative Hideout 2.0
Monitor 21112
The American Spectator
The Crying Wolfe
The Weblogger
The Lonely Conservative
Ace of Spades HQ
Truth Before Dishonor
Bob’s Blog
Patterico’s Pontifications
Bullyville

This past week has been a big one for me. I was able to participate in a significant victory for the First Amendment rights of bloggers to publish the truth. Also, traffic here at Hogewash! last week was the best ever—in no small part because of the generous links from my fellow bloggers. Thanks you. Thanks are also due to everyone who stopped by the blog this week. Please keep coming back.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin kept whining that he had provided my codefendants and me with “thousands of paged of documents” and that we had given a copy of just one email during discovery in the Kimberlin v. Walker, et al. nuisance lawsuit.

That’s true. He did get only one email, and I’m the one who gave it to him as part of my answer to Plaintiff’s Interrogatory 3.

What I gave him was an email that I had sent to Kimberlin Unmasked that wasn’t covered by codefendant privilege. It was an answer to a question about a recently passed Maryland gun law. TDPK got everything that he asked for that he was entitled to receive. He was very foolish in his choice of questions.

popcorn4bkHe was clearly focused on finding KU’s identity and showed no real interest in developing any sort of case against me. If Brett Kimberlin is lucky, Judge Hazel will throw out the Kimberlin v. The Universe, et al. RICO Madness on the motions to dismiss. Otherwise, he’ll be facing discovery conducted by each of the two dozen defendants.

#StupidIsAsStupidDoes

Blognet


BlognetTitleCardMUSIC: 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 noted anti-First-Amendment activist has sued a group of bloggers trying to shut down their free speech and free press rights. Your job … get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. 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. Continue reading

Team Kimberlin Post of the Day


I’ve been listening to the courtroom audio recordings as part of my preparation for the next part of my Kimberlin v. Walker, et al. in Review series. Since those recording are used to product the trial transcript, they include the conversations between the judge and counsels at the bench. I could not hear them in the courtroom because a noise source is turned on by the judge to mask the conversations. Thursday evening was the first time that I became aware of the following:

Brett Kimberlin called his older daughter as a witness. He did so at the end of the presentation of his case. He tried to do so as his first witness, but our lawyer objected. During the interchange at the bench, The Dread Pro-Se Kimberlin said that he wanted her to testify to various things which the judge felt were inadmissible because her testimony would be hearsay. TDPK also said he wanted her to testify to the fact that he had not done anything untoward with her. That would have been admissible, but my lawyer agreed that we would stipulate that so there was no reason for her to be called. During the conference at the bench, Judge Johnson remarked,

To put your 15 year old daughter—talk about —talk about harm—to put a 15 year old kid in a courtroom in front of a jury and ask her questions about pedophilia!

Just before he called her, the judge called the counsel up to the bench and tried one more time to dissuade TDPK from calling his daughter.

THE COURT: You know the witness you really need?

KIMBERLIN: Huh?

THE COURT: Is your wife here?

KIMBERLIN: She’s, she’s packing. We’re leaving on vacation tomorrow—

THE COURT: Is she gonna testify? See, that’s —if she were going to testify, that would be one thing, but a 15 year old?

TDPK put her on the stand any way.

In Re ELH-14-CV-1683


As a result of the settlement conference with Magistrate Judge Sullivan, Bill Schmalfeldt and I have reached a settlement agreement on what I believe are favorable terms.

I will dismiss my lawsuit, and Schmalfeldt will dismiss his counterclaims against both “Paul Krendler” and me. All infringing material will be taken down.

The Gentle Reader should expect to see some changes in Bill Schmalfeldt’s activities on the Internet.

UPDATE—I recommend that Bill Schmalfeldt be given the opportunity to make the changes in his Internet presence that he described to me. He will probably be more successful in doing so if folks don’t joggle his elbow. Each person is free to speak, largely limited by their conscience and a few rules, but it may be best to give him some space for a few days to see how he does.

More “Discovery”


As part of discovery in the Kimberlin v. Walker, et al. nuisance lawsuit that The Dread Pro-Se Kimberlin lost this week, I sought discovery of documents.

You can see from TDPK’s answers beginning with number 13 that he thought that he would control what evidence would be introduced. He wound up being correct only because the case folded before we put on our defense.

I’m sticking by my theory that TDPK didn’t testify because he wanted to avoid being trapped between perjury and the Fifth Amendment when confronted with some of the issues raised in my request for documents.

popcorn4bkHe still has time to drop his Kimberlin v. The Universe, et al. RICO Madness before things really hit the fan in that case. Is he smart enough?

We shall see.

Stay tuned.

A Settlement Conference


At the end of the hearing for the preliminary injunction I sought in the Hoge v. Schmalfeldt copyright infringement case, Judge Hollander offered the possibility of a settlement conference presided over by a Magistrate Judge. Because I was amenable to the idea, she ordered both The Dreadful Pro-Se Schmalfeldt™ and me to participate in such a meeting. The conference was originally scheduled in November, but it has been move up to today.

It will be held beginning at 10 am in the chambers of Magistrate Judge Sullivan.

Kimberlin v. Walker, et al. in Review, Part 1


Brett Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in the Circuit Court for Montgomery County. His initial complaint was a laundry list of torts and several other bizarre claims that sought $1,000,000 in damages. Yesterday, he lost his case with respect to Aaron, Stacy, Ali, and me. Technically, the suit still survives against the two individuals that Kimberlin is currently accusing of being Kimberlin Unmasked, but based on what developed at this week’s trial, their defense would appear to be pretty solid and straightforward. Brett Kimberlin would be wise to drop his case against them.

Now that we’ve won, I’m going to tell you my side of the case. It’s a long and complicated story, requiring many posts.

During the first weekend of July, 2013, I got an email from a reader who had seen in the Maryland Judiciary Case Search database that Brett Kimberlin had filed for a protective order against his wife and had filed criminal charges against another individual. Maryland has two types of what are called “restraining orders” in other states. Peace orders are issued between unrelated persons. Protective orders are issued among family members, roommates, or other persons with close relationships. Given The Dread Pro-Se Kimberlin’s history of seeking peace orders against the likes of Aaron Walker and John Norton, I wondered why he was seeking an order against his wife. So the following Monday, Aaron Walker and I went to one of District Courthouses in Montgomery County and witnessed the hearing.

I won’t rehearse all the details, but over the next few days, Mrs. Kimberlin approached me, and Aaron and I wound up helping her with her legal problems related to her husband. Shortly afterwards, TDPK sued us. One of the claims for defamation that he made was based on the fact that I suggested that Brett Kimberlin might be a pedophile. That suggestion was made after he had been charged with sexual offense in the third degree. While the State didn’t take the charges to trial, I believe Mrs. Kimberlin’s story.

In order to prove a defamation case in Maryland, the plaintiff must prove that what the defendant said or wrote was false. Brett Kimberlin could not do that. After putting his older daughter, Aaron, Ali, Stacy, and me on the stand, he had produced no evidence of falsity. He had no case. With the jury sent out of the courtroom, Judge Johnson incredulously asked him, “Is it your theory that you can come into court and say, “I was defamed,” and rest your case?” Because TDPK had offered no evidence for the jury to consider in its deliberation, the judge ruled that there was no case, and gave a verdict in favor of the Aaron, Stacy, Ali, and me as a matter of law.

The Dread Pro-Se Kimberlin filed his suit on 30 August, 2013. He lost on 12 August, 2014. That makes 347 days that we defendants were subject to his vexatious nonsense. All that has cost TDPK is a sanction award of $600 to our lawyer—which he now late in paying. Or so he may think.

Stay tuned.

UPDATE—During her testimony, Miss Kimberlin was very supportive of her father. However, as the judge noted, being a good father would not disprove what we wrote about him.

Game Over!


We win, and Brett Kimberlin loses!

UPDATE—We did not put on a defense. Judge Johnson ruled that The Dread Pro-Se Kimberlin did not present evidence of the torts he was alleging, and he ruled in our favor as a matter of law after TDPK rested his case.

UPDATE 2—I’d like to offer my thanks to all of you folks who have offered your prayers and encouragement. I’d like to thank Patrick Ostronic, who provided Aaron, Stacy, and me with a pro bono defense. Thanks are also due to Ken White for putting up the Popehat signal on our behalf and to Glenn Reynolds for the Instalanche of Ken’s post that alerted Patrick to our plight.

UPDATE 3—Instalanche! Thanks again, Prof. Reynolds, and welcome, Instapundit readers. BTW, the Blogfather is correct in his estimation that one of Brett Kimberlin’s biggest mistakes was trying to outcrazy Stacy McCain.

UPDATE 4—Mrs. Hoge and I have just returned home from a celebratory dinner with Mr. and Mrs. Walker. Aaron will be home later tonight. I suspect that he will have a blog post reviewing the Kimberlin v. Walker, et al. nuisance lawsuit up later tonight or tomorrow.

UPDATE 5—Night Shift Politics points out that stupid is as stupid does.

UPDATE 6—Popehat comments here.

Yours Truly, Johnny Atsign


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

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

CALLER: (Telephone Filter) Mr. Atsign, my name is Steve. I’m a fan of your show.

JOHNNY: Hello, Steve. What can I do you?

CALLER: (Telephone Filter) Well, you could check for a DM from me in your Twitter account.

JOHNNY: Oh?

CALLER: (Telephone Filter) Yes. I believe you’ll find the link it contains intriguing.

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

What I Saw in Court Today


The first hour or so was taken up with pretrial motions, most of the time being spent on motions in limine, that is, motions to set limits on who can testify and what evidence will be admissible. Judge Johnson’s rulings were generally, but not completely, favorable to the defense. However, he left open the possibility that either side could offer case law that could lead him to modify his decision. Therefore, I’ll refrain from discussing the detail for now.

The rest of the day was spent in jury selection. We now have an eight-member jury empaneled, and the case will resume tomorrow morning at 9 with opening arguments.

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
Helm’s Deep
Saber Point
The Daley Gator
Dead Citizen’s Rights Society
Batshit Crazy News
The Camp of the Saint
The Volokh Conspiracy
Instapundit
Conservative Hideout 2.0
Evi L Bloggerlady
The Lonely Conservative
The Weblogger
The Crying Wolfe
Blackmailers Don’t Shoot
Motor City Times
Thinking Man’s Zombie
Gunny G
Da Tech Guy

Thank you, fellow bloggers, for all those links, and thanks to everyone who stopped by Hogewash! this past week.

Programming Note


Sergeant Friday and Officer Smith are currently engaged in a sensitive investigation. As a result, Blognet will not be presented this week. However, a special episode is planned for Friday, 15 August.

Tune in next week for Blognet and next Monday for Yours Truly, Johnny Atsign.

Yours Truly, Johnny Atsign


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

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

RULE 5 GIRL: (Telephone Filter) Hi, Johnny.

JOHNNY: Hello.

RULE 5 GIRL: (Telephone Filter) Johnny, have you checked the Maryland Judiciary Case Search this morning?

JOHNNY: Not yet. What will I find?

RULE 5 GIRL: (Telephone Filter) The Bomber’s been sanctioned in his state lawsuit.

JOHNNY: Yeah?

RULE 5 GIRL: Yeah. He’s been ordered to pay legal fees to the Defendants’ lawyer.

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:

Helms Deep
Allergic to Bull
The Other McCain
The Weblogger
Dead Citizen’s Rights Society
Saber Point
That Mr. G Guy
The Camp of the Saints
The Daley Gator
Running Wolf (R. I. P., Michael)
Warai Otoko
Thinking Man’s Zombie
Conservative Hideout 2.0
The Volokh Conspiracy
Kyle Kiernan
ViralRead
Batshit Crazy News
Evi L Bloggerlady
Truth Before Dishonor
Instapundit

It’s been a busy week here at Hogewash! in no small measure because of the generous links from my fellow bloggers. Thanks, guys. Also, thank you to everyone who stopped by this week.

Math is Hard


The Cabin Boy™ has tweeted a graph that shows that Hogewash! had 400 comments on 29 July, 2014.

The Gentle Reader is welcome to scroll back through the posts and count for himself, but when I checked, this is what I found:

Quote of the Day                                                       3
Team Kimberlin Post of the Day                               11
Are You Pondering What I’m Pondering? (Midnight)   1
A THEMIS Report                                                      3
In Answer to Some Questions                                  95
Ebola                                                                       11
Documenting Online Posts                                       32
Are You Pondering What I’m Pondering? (Noon)        1
The Contents of This Blog                                        69
Total                                                                      226

It’s almost as if he’s trying to manufacture evidence.

UPDATE—Of course, the numbers shown on the posts only reflect the comments that got through moderations. I would not include, for example, the nine mostly obscene comments I received such as this one—BS201407291857Z

Dead Air


rnusa201408020028ZBueller … Bueller …

UPDATE—Perhaps the increase in comments is in some way related to the growth of traffic here at Hogewash!.

July, 2011—86 hits
July, 2012—30,914 hits (about 18,000 from my first Instalanche)
July, 2013—56,212 hits
July, 2014—174,853 hits

While it is true that most of comments over the past few months have been related to The Dreadful Pro-Se Schmalfeldt™, it appears that most of my readers aren’t particularly interested in him. Looking at my incoming stats, the vast majority of hits on this blog are not directed to posts that are about the Cabin Boy™ or contain comments about him.

Blogsmoke Returns


BlogsmokeSOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICHOCHET

MUSIC: UP AND UNDER—RECORDED—CUT 1

ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!

MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2

ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)

JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.

MUSIC: MAIN TITLE—RECORDED—CUT 3 Continue reading