Justice Stevens and the Second Amendment


A few days ago, retired Justice John Paul Stevens published an op-ed over at WaPo promoting his new book coming out later this month. The hook for his piece was an explanation of how to fix the Second Amendment so that it will mean what he wishes it meant. I’ve been puzzling over how to comment on his essay, but a couple of other bloggers have beat me to the punch.

Clayton E. Cramer demolishes Stevens’s shoddy scholarship in a piece over at PJ Media.

Da Tech Guy points out that Stevens does conservatives a favor by reminding everyone that the Constitution means what it says and not what liberals wish it says.

Read ‘em both.

Bonus Prevarication Du Jour


The Cabin Boy™ has posted the following over at Patriot-Ombudsman (No, I won’t link to it.):P-O20140301Schmalfeldt may have written true things on his latest application, but, unless he provided straightforward answers to the information sought on that application, he was engaging in deception. The Examiner’s Terms of Service spells out what’s required to sign up as an Examiner.ExaminerTOSMost folks would interpret “accurate, current and complete personal data … (such as name …)” to include one’s true legal name.

fraud  noun \ˈfrȯd\ : wrongful deception intended to result in personal or financial gain.

The Cabin Boy™ says he was just trying to earn a little money.

How I Cracked the Case


The Cabin Boy™ wonders why he wasn’t able to maintain his sekrit identity as Clark Kent Matthew Lillefielt for a whole week. The answer is that he is mind-bogglingly clumsy with operational security. Although I saw no need to mention it, I’ve been aware of the Matthew Lillefielt ID for quite a while. I stumbled on it when I went to document one of the videos he had posted. I went searching for his The Lord of Satire YouTube channel, and found this:YouTube_LoSThere’s the Cabin Boy’s™ portrait inset into a banner from one of his pornographic animated videos, and there’s the name Matthew Lillefielt.

The game was over before he put his quarter in the slot.

Prevarication Du Jour


The Dread Pro-Se Kimberlin included a copy of a Breitbart Unmasked post by Xenophon the Troll (No, I won’t link to it) as an exhibit in that motion he filed after the judge order him to stop filing motions in the Kimberlin v. The Universe, et al. RICO Madness. That got me to reread the post, and I found this howler.BU20120221

“Dozens of peace orders”? Plural? At least 24?

Let’s fact check that.

Looking at the Maryland Judiciary Case Search database, we find the following peace orders petitions have been filed against Bill Schmalfeldt: 06C13063359, 1002SP002432013, and 1001SP003432013. That’s a total of three. One of them was granted and then extended.

Running the same check on The Dread Pro-Se Kimberlin turns up these petitions: 06C13063590, 0601SP033922012, and 0601SP003412013. I am also aware of another peace order petition filed against TDPK which is now sealed and no longer appears in the public record. That’s a total of four. One of them was granted against Kimberlin. Over the past couple of years, TDPK has filed four peace order petitions against three individuals, and all failed either at the final hearing or on appeal.

The last time I checked, seven is substantially less than “dozens.” IIRC, when sealed protective orders are added in as well, TDPK has filed more petitions against others than have been filed against him, and every single one of his has failed in the end.

#Loser

Prevarication Du Jour


The Cabin Boy’s™ ability to misunderstand is mind-boggling.2014Radio201402191906Z

In my earlier post, I pointed out that The Dread Pro-Se Kimberlin failed to properly serve whoever he was attempting to serve in St. Charles, Illinois, because he did not pay for Restricted Delivery as required by Md. Rule 2-121a. (That’s the applicable rule governing service of process by a Maryland resident serving someone in Illinois.) The evidence for that can be seen in the receipt TDPK filed in his report on service in the RICO Madness.

I have no idea why TDPK failed to use Restricted Delivery. I doubt that it was to save $4.75. If I had to guess, I’s say it was likely that Mr. “I’ve-filed-over-a-hundred-lawsuits” was arrogantly confident of his knowledge of the law and applicable rules and didn’t bother to check the actual requirements for service for each locality. Like so much of what TDPK “knows,” his understanding of the mechanics of service of process simply wasn’t based in reality.

Whatever the reason, he seems to have blown it, and it looks as if he’s been caught filing a second altered Certified Mail green card—this time in a federal lawsuit—to try to cover his tracks. Furthermore, this may not be the first altered document he’s proffered to a federal court in the last couple of months.

18 U.S.C. § 1512(c) says:

(c) Whoever corruptly—

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20 years, or both.

Also, 18 U.S.C. § 1512(c) is a predicate offense under 18 U.S.C. § 1961, et seq., and two separate violations could trigger a RICO civil claim or counterclaim.

Acme’s Legal Analysis


Noted legal “reporter” Bill Schmalfeldt has published his analysis of one of Aaron Walker’s motions in the Kimberlin v. The Universe, et al. RICO Madness over at Patriot-Ombudsman (No, I won’t link to it.).P-O20140204aThe Cabin Boy™ seems to think that there is something untoward about Aaron Walker filing a motion for leave to exceed normal page length at the same time as he files his long reply to The Dread Pro-Se Kimberlin’s opposition to the Hoge and Walker motions to dismiss. In fact, such simultaneous filing is a normal procedure. BTW, my reply would also have exceed the limit if I had decided to go after every error in TDPK’s opposition. Instead, I included this in my reply:

Because of the 25-page limit on this Reply (L.R. 105.3), only a partial list of deficiencies follows.

It’s interesting that the Cabin Boy™ seems to believe that the defendants should be held to all the Rules but believes that TDPK should get a free pass when he ignores them. Even after a warning from the judge, TDPK continued for several weeks refusing to include his email address and phone number in his signature block as required by Federal Rule of Civil Procedure 11(a). He has neglected to include a table of contents on pleadings longer than 25 pages as required by Local Rule 105. He’s neglected to provide an index of exhibits or tab his exhibit when he has submitted more than five (L.R. 105 again). And so on.

Another ludicrous comment from the Cabin Boy™ was his remark that the judge will be upset by defendants “telling” him what to do. Actually, the whole point of written pleadings is to explain to the judge why the parties believe he should rule in their favor. Here’s a sampling of how the various defendants have asked the judge for relief:

Walker—” … Plaintiff has failed to meet those pleading standards, and, therefore, the Amended Complaint should be dismissed.”
Malkin—”The FAC’s RICO count is serially deficient under Rule 12(b)(6) and should be dismissed. “
The Franklin Center—”So therefore under current precedent, the claim for false light is barred under the Statute of Limitations and should be dismissed”.
DB Capitol Strategies—”These facts are insufficient to state a claim under 18 U.S.C. 1962(c), and, as such, Plaintiff’s first claim should be dismissed.”
Hoge—”Thus, Plaintiff’s count based in 42 U.S.C. § 1985 should be dismissed with prejudice against all Defendants.”

We defendants lay out the facts and the law and tell the court what we believe it should do. TDPK, on the other hand, tells the court what it must do.TheCourtMustFurthermore, TDPK cites old case law that has been overturned by the Supreme Court as his authority for telling the judge what he must do. Given that Judge Grimm has cited the same Supreme Court decision, Ashcroft v. Iqbal, 566 U.S. 662, 678 (2009), that we defendants suggest is good law in several recent rulings, … oh, never mind …

#Fail

Team Kimberlin Post of the Day


RICOMadnessThe Dread Pro-Se Kimberlin often has trouble keeping his stories straight, even when they’re written down. Here’s what he alleged in his Amended Compliant in the Kimberlin v. The Universe, et al. RICO Madness:AmendedComplaint115Here’s what he alleged in his response to the motions to dismiss filed by Aaron Walker and me:BK_ECF29-32

In the complaint he alleges that all of the defendants were in the mythical RICO Enterprise from November, 2011. Now, he saying most of the defendants were in the common scheme. Also, notice that he says “have been or are now involved.” He’s not too clear on who was in when and who is still a part of his imaginary scheme. In any case, either all the defendants were in full-time from November, 2011, until he filed his Amended Complaint in mid October, 2013, or he has misstated the truth in that complaint.

Gentle Reader, do you think Glen Beck and Simon & Schuster have been in league with me since 2011, or do you think that TDPK if full of it?

Illegally Obtained Information?


I received a call this evening from a reader (my number’s in the phone book) about a post that Bill Schmalfeldt put up speculating on the identity of the person or person(s) behind Kimberlin Unmasked. I’m amused to find out that I am now a suspect. Apparently, Schmalfeldt goes on at some length about the IP addresses and locations from which tweets to the @Kimberlinumask Twitter account originated.

The Twitter API doesn’t make that information available. Law enforcement can get the information with a warrant, and it might be subpoenaed in a civil matter. Neither of those seem to be the source of Schmalfeldt’s information. Given that there are ways to hack that information, I suspect his “reliable” source obtained it illegally.

The reek of various bodily fluids is becoming quite strong as the panic sets in at Team Kimberlin.

UPDATE—I see from one of the comments that Schmalfeldt says that Twitter gives IP address information from its connection logs to anyone who asks.

Bullshit.

TwitterPolicyUPDATE 2—I’ve heard all sorts of speculation about the identity of Kimberlin Unmasked. I don’t know who he/she/they is/are. I have no need to know, and it is to my advantage not to know. I can’t give up information that I don’t have. I am being willfully ignorant.

UPDATE 3—The Dread Pro-Se Kimberlin has had a subpoena issued against Twitter, but it is not for any IP address information. Twitter required to produce the following information by 27 December, 2013—BK_Twitter_SubpoenaAs you can see, the subpoena demanded the name of the person who registered the Twitter account @Kimberlinunmask. The only name Twitter collects is the user name. And for that account the user name is … wait for it … Kimberlin Unmasked.

Oh.

Team Kimberlin Post of the Day


RICOMadnessI’ve been trying to make some sense of the responses that The Dread Pro-Se Kimberlin filed to the motions to dismiss from Aaron Walker, DB Capitol Strategies, The Franklin Center, and me in the Kimberlin v. the Universe, et al. RICO Madness. Some of his allegations contradict others.AmendedComplaint115

Here’s an example. This first bit is from TDPK’s Amended Complaint.The important thing to note from this is TDPK’s allegation that his mythical RICO Enterprise existed since November, 2011, and that all the defendants were members from the beginning.

One the points that each of the motions to dismissed raised was that TDPK failed to meet the requirement to outline the structure of the RICO Enterprise in his Amended Complaint. He attempted to address that error by pleading new “facts” in his response to my motion. (That’s improper. He’s supposed to explain why his allegations were sufficient, not make new ones.) In that response he imagines that the National Bloggers Club is the RICO Enterprise.Resp2Hoge31However, TDPK creates a problem for himself by trying to make the National Bloggers Club the RICO Enterprise. He alleged the following in his Amended Complaint.AmendedComplaint48Do you see the problem?

TDPK alleges that the RICO Enterprise existed since November, 2011, and that it is an organization that was created in February, 2012.

Oops.

Also, he alleges that all members were in the RICO Enterprise from Day One. I suppose I might have remembered something about a guy who claimed to have been Dan Quayle’s dope dealer, but I really wasn’t aware of Brett Kimberlin until late May, 2012. I wrote my first post about him on 23 May. Oh, and I didn’t join the National Bloggers Club until March, 2013.

#Fail

Team Kimberlin Post of the Day


Xenophon asks a silly and misleading question over at Breitbart Unmasked (No, I won’t link to it).BU20140114b

This is one of those “have you stopped beating your wife” questions. The defendants in the frivolous and vexatious Kimberlin v. Walker, et al. lawsuit won’t be abandoning any so-called “blog court” strategy because we have never employed one. What we have done is point out some of the false allegations in The Dread Pro-Se Kimberlin’s complaint and some of mind-bogglingly stupid procedural errors he has made. Here at Hogewash!, I’ve tried to do that with a bit of humor and a great deal of sarcasm. The one thing none of the defendants has done is to tip our hand to show what our actual defense strategy might be. We’ll let the court try the case—if it manages to get past the preliminary stages.

Oh, and to save Xenophon from having to ask, yes, I still beat my wife—at Trivial Pursuits. But she beats me at Scrabble.

If you’d like to help my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me fight Brett Kimberlin’s attack on our First Amendment rights, go to Bomber Sues Bloggers to find out how.

The (Self) Mockery Continues


Very Ordinary Seaman Ferguson has decided to mock me. He’s even set up his very own special blog to do so called themockerycontinues (No, I won’t link to it.). He’s very proud of his effort.wilsb8_201401110414Zwilsb8_201401110446Z

Of course, VOSF makes his assertion of the relative traffic levels without access to Hogewash!‘s actual numbers, so here’s how this blog has been doing for the past few days—Jan6_10

NoiseBlogStatsNow, it’s not surprising that VOSF would be thrilled about having found a subject to write about that attracts some readers. After all, his other blog The Noise has only had 1,467 total hits since it got going last September. Given VOSF’s extraordinary level of clueless self-importance, he’ll probably continue to publish his new waste of bandwidth until his audience becomes bored with his puerile drivel. I give him about two weeks.

UPDATE—Maintenant pars, ou je vais vous narguer une seconde fois!FrenchTaunt

I’m Not Making This Up, You Know


Bill Schmalfeldt has a marvelous post up about Ali Akbar’s BMW. As part of that post he includes a copy of a traffic ticket issued to Ali while he was driving his … wait for it …

Hyundai.

#EpicFail

UPDATE—The Cabin Boy’s post is at Patriot-Ombudsman (No, I won’t link to it.).

UPDATE 2—The picture at the end of the Cabin Boy’s post shows a white Hyundai very much like the one Ali was driving when he visited my house a couple of months ago. It’s a picture of Ali’s residence in Texas.

UPDATE 3—The Cabin Boy has done his homework on 2009 Hyundai Sonatas. If he were to look at the copy of Ali’s traffic ticket he posted, he would see that the Akbarmobile is a 2003.akbar_ticket

Silly Question Du Jour


Xenophon (the Troll) has another of his wacko posts up at Breitbart Unmasked (No, I won’t link to it.) in which he tries to connect me to various nefarious activities on the Interwebz.BU20140109Perhaps I should. By whom?

So far as I know, the only person who would be in a position to ask me questions in court would be The Dread Pro-Se Kimberlin. (Bill Schmalfeldt might get a crack at me if I’m called as a witness at one of his trials. However, given the evidence that could be introduced from the record of the peace order extension hearing, my testimony might not be required. But I digress.) Why would Kimberlin think that questions about alleged interactions between me and Matt Osborne, William Ferguson, or Alex Brant-Zawadzki might be germane to either the state Kimberlin v. Walker, et al. lawsuit or the Kimberlin v. The Universe, et al. RICO Madness? Is TDPK teamed with these folks? If he is, that would go toward proving the existence of Team Kimberlin, but, since TDPK’s suits claim that merely saying that Team Kimberlin exists defames him, he might not want to go down that path.

I have no knowledge of any of the stuff Xenophon has written about, but if TDPK wants to question me about the material in that post, I’d be happy to take his questions on the witness stand under oath. He would be opening the door to very interesting lines of inquiry by the defendants. He could expect some interesting related questions when he testifies in the RICO suit. (He isn’t banned from testifying in federal court.)

Oh, one more thing … I’ve never claimed to be a dramaturge, but I am a trained voice actor, and I am familiar with The Wasps. Thus, I’ll leave Xenophon with these words from Xanthias:

Your dream stinks vilely of old leather.

Bonus Prevarications Du Jour


Baghdad Blob has told a couple of whoppers this morning in reaction to today’s Prevarication Du Jour. Let’s examine them in turn.db201401061241ZI have secured a peace order against Bill Schmalfeldt. Reporting suspected violations of that order to the appropriate authorities is a lawful act. Similarly, suing someone who has already been adjudicated as a harasser for harassment would not only be legal, it would about as close to a slam dunk as one can find in a courtroom. The Cabin Boy claimed in his original tweet that he never threatened me, but in the tweet above he admits he did.

Threatening to accuse someone of a crime in an attempt to persuade him to not do something he legally may do is extortion.

In his original tweet, the Cabin Boy also claimed that he never harassed me. During the last court hearing, I submitted three obscene pictures that Schmalfeldt published as evidence of harassment.

db201401061304ZI’ll discuss just one of the images that I submitted as evidence of harassment. I won’t reproduce any part of it because the judge sealed that evidence. It is a picture of two men engaging in homosexual sex. My face had been put on the person on the receiving end of anal sex. I have not complained about having my face photoshopped into every picture that Schmalfeldt ever published—some were actually clever—but I have complained about being grafted into porn. The judge looked at the pictures entered into evidence, the events surrounding their publication, the web pages containing them, and the Cabin Boy’s comments about them, and he found that their publication was harassment.

BaghdadBlob20140105The picture on the left was inspired by Aaron Walker referring to Bill Schmalfeldt as “Baghdad Blob.” Schmalfeldt’s face has been grafted on to a widened version of the body of Muhammad Saeed al-Sahhaf (aka Baghdad Bob). That’s the image Schmalfeldt complains about. Schmalfeldt wants to equate a parody image that ties his track record of making false predictions of legal victories with a notorious propagandist to hard-core porn. The Gentle Reader may draw his own conclusion as to who is the hypocrite.

Prevarication Du Jour


Xenophon the Troll has a post over at Breitbart Unmasked (No, I won’t link to it.) in which he tries to evoke Aristophanes’s play The Wasps in connection with Aaron Walker’s efforts to protect himself from The Dread Pro-Se Kimberlin’s lawfare. In doing so, he demonstrates his lack of familiarity with the play and its backstory. The Wasps is a satirical jab by Aristophanes at the demagogue Cleon who had falsely prosecuted Aristophanes for defamation. Does Brett Kimberlin really want his propaganda website reminding people of a failed, vexatious slander suit that became a source of ridicule?

Of course, the post also is chock full of misrepresentations and flat-out lies.BU20140103aNo, that’s not how service works. Rule 5(b)(2)(E) of the Federal Rules of Civil Procedure allows

sending it by electronic means if the person consented in writing—in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served …

Note that service by email requires permission from the person being served. (The Maryland Rule is similar.) TDPK does not have permission to serve me by email in the Kimberlin v. The Universe, et al. RICO Madness because I do not trust him to send me the same papers he would be filing with the court. That is based on experience. The Amended Complaint he served on me by mail is not the same as the one shown as Docket Item 2 on PACER. I want to be able to show the judge what TDPK actually served me, so I require service by hard copy.

In the state Kimberlin v. Walker, et al. lawsuit, my lawyer has asked for service by email. The only hard copy is the one filed with the court. The same lawyer also represents Aaron Walker and Stacy McCain, so when he receives service by email from TDPK, all three of us are considered served. Until the scheduling hearing in late November, Kimberlin was neither filing timely answers to our motions nor serving copies of his filings on our lawyer. During that hearing, the judge ordered him to begin proper service on our lawyer. So the following is simply false.BU20140103bTDPK has never properly served me with a single court paper in the RICO Madness. The certificate of service with his motion for extension of time falsely claimed that he served me by email. Kimberlin has been haphazard (at best) in his attention to detail in his conduct of both of his lawsuits. My codefendants and I plan to use all of his mistakes to our advantage. Some are real doozies. Wait and see.