Prevarication Du Jour

Bill Schmalfeldt has more of what seems to be terminal confusion about the difference between civil and criminal court cases on display.ftrrnews201310162253ZActually, I don’t think the “RICO charges” will vanish because I don’t think that any such charges will ever exist. Being named in a civil suit is not the same thing as being charged with a crime.

Brett Kimberlin has filed a complaint in a U. S. District Court which alleges that a group of individuals and organizations conspired against him in a way that constituted a racketeering enterprise as defined under 18 USC 1961, et seq. As Ken White has noted, being named in a RICO suit by a pro se litigant is generally about as damning as being accused of a RICO violation by a street person who is off his meds.

Gentle Reader, take a look at one of the consequences of my being named as a defendant in Brett Kimberlin’s lawsuit. Yesterday, the traffic here at Hogewash! went through the roof. It was the biggest day I’ve ever had other than a couple of Instalanches. OK, part of that had to do with Bill Schmalfeldt’s losing in court, but traffic was twice what I was expecting from that. My best guess is that new readers were clicking in to find out about this William Hoge guy who has been bundled with the likes of Glenn Beck, Erick Erickson, and Michelle Malkin.

Yes, I will have to spend some time and a trivial amount of money getting the suit thrown out, but I may charge those costs to the advertising budget. It may be the best shot of publicity this blog has ever had.

UPDATE—The Cabin Boy has been contacting defendants in the RICO nonsense to get “your side of the story.” Stacy McCain gives him an earful.

44 thoughts on “Prevarication Du Jour

    • Perhaps it’s the loyal following of this blog by the members of Team Lickspittle.

      Or it could have something to do with Hogeman standing for (to recycle a phrase) Truth, Justice, and the American Way.

    • “And CBBS still only has readers in the fingers and toes range.”

      Well, he does have thirteen of each.

  1. Did you notice that Wee Willie asked him last night why the judge kept sustaining Zoa’s objections, and he did not answer? The answer is…RES JUDICATA! Man, I love saying that!

  2. Here it is, Thursday, and yet across tne land, the sun is shining, the birds are singing, and the Breitbots are frolicking about as usual, with not a one of them in hiding, or running for the hills.

    And in his fetid lair, Bill the Fat Ogre is muttering “Why aren’t they running for the hills? He said they would be running for the hills! I read the incantation right – R I C O! He told me the incantation was foolproof and would make them run for the hills!”

    So, Bill the Fat Ogre’s dream of gaining the new name of Bill the Breitbot Slayer must go unfulfilled for another day, and he ponders the wisdom of shopping at “Crazy Brett’s Discount Potion and Spell Emporium”.

  3. I am sure all this is being screencapped, but BS is admitting that the purpose of the lawsuit is to harass “Breitbots” and cost them money, and that the effort to harass the Breitbots will be abetted by the fact that the case has been assigned to an Obama appointed judge.


    Also, BS asserts that saying someone has done something that is a crime, and that the crime has not been prosecuted successfully in the court is in itself a crime. Does’t that mean that saying Aaron Walker assaulted Kimberlin is a crime, and that BS is a criminal?

    Or, it doesn’t work that way for BS, because BS?

    I wonder if his mother is proud of him.

  4. Also, the RICO suit claims that since Patterico has a job as an assistant DA< the power of hte state is being used to deprive his civil rights – isn't that exactly what BS has admitted to doing here – to using a politically biased element of state power to persecute political enemies?

    I wonder where he would get the idea that this administration would work that way?

    And wouldn't that be newsworthy if it meant that Obama appointed judges were reliable instruments for political retribution against *Breitbart*? I am surprised he didn't sue his widow.

  5. The saccharine condescension of this inept cyber stalker is boggling. “Boys and girls.” “Kids.” “This is the way it’s gonna be.”. He continues to provide legal analysis – and demand that it be respected as correct – despite his failures and his high school level of education. Perhaps he had a hand in writing BK’s complaint, and is so proud of that he cannot accept that it is flawed.

  6. Also, since he has documented prior knowledge of the RICO suit, and he was accompanied by Kimberlin to his trial, and there CANNOT be an attorney-client privilege thing, and, he can’t claim any sort of journalistic exception since he revealed who is source is – his very good friend – it is no wonder why Ali keeps saying that BS has not seen his last day in court.

  7. dundundun dundundun, dun dun dundundun dundundun,

    Standing astride Maryland’s proudest skyscraper
    Silhoutted by the brilliant rays of a new dawn
    Symbol of Truth, Sober Judgement, Reticence, and Occasional Astronomical Slideshows.
    Armed with his deadly accurate Judicata Ray he stands ready to stem the tide of bloviating fiendishness wherever it may raise its bloated ugly head.

  8. Maybe we could have someone design a Hogeman logo, complete with the supporting cast of Lickspittles, for sale at CaféPress or the like to help raise funds for the lawyers? I’d offer, but I’m not good at that sort of thing.

  9. The lies that BS has published – on Kimberlin servers – that would be an association-in-fact. Seems like a RICO situation. I mean, they are defrauding the world, trying to raise money with Team Kimberlin gear which they admit to not existing, so that is a fraud, over state lines, that is federal wire fraud.

    Wow, the FBI should be investigating that.

    Also, I wonder did BS kiss his mother with that mouth.

      • And JTMP. From the website: “Proceeds from the sale of these items will be split 50/50 between Justice Through Music and the National Parkinson Foundation.”

      • Half to JTMP and half to National Parkinson Foundation. That is an odd formulation. Usually, expenses are deducted and the remainder donated to charity.

        Of course, the half that goes to the JTMP will go for things like a car for Brett Kimberlin. It might be called a “donation,” but, it is not.

    • Given the apparent illegal drug sales hosted on one of the sites associated with them, they really should be careful slinging the RICO statute around.

  10. Has anyone confirmed that the case has been filed? The District Court in Greenbelt was not familiar with it and it has not appeared on ECF.

    • The copy that was handed to me by Brett Kimberlin has a notation in pencil reading “Filed 10/15/13.” None of the paperwork he handed me has any case number.

      • Better yet, Brett Kimberlin handed you papers that are not privileged! If he served you court filing his pleading are privileged. If they are just pieces of papers with words printed on them, any defamatory comments in those papers are, I think, actionable. Kimberlin may have just screwed the pooch on that one.

        I wonder if it criminal to impersonate a server. And, exactly who is suppose to anoint a pleading as filed on such and such date?

        I could see how the DPBK could calculate that someone would be scanning PACER on a daily basis and decided that he didn’t want to give a heaps up to certain “defendants” who might otherwise decide not to appear.

      • Just a thought — other than your admission to receiving the papers, how could they have proven in court that you received them? If they were handed to you by Kimberlin, they never could have, because he can’t testify to ANYTHING.

      • Kimberlin is jurisdiction shopping. He can’t testify in Maryland court so he trying to torture federal law to allow him to sue you for alleged torts that are properly the jurisdiction of Maryland.

        He is doing so in incredibly bad faith. His intention is clear enough: accuse you of criminal conduct in the full expectation that it will never be litigated. Then, Kimberlin will start claiming that, “Hoge, Walker, McCain et al were charged for violating the RICO statutes in federal court but escaped trial on a technicality.” When it is kicked back to state courts, he will accuse his targets of trying to silence his First Amendment rights to free speech.

  11. I find it interesting that Brett Kimberlin showed up in court yesterday with a bodyguard. I find it odd that a man who draws a salary of $19,500/yr could afford a bodyguard. It raises the obvious question of who is paying for the bodyguard? That would be an interesting question for discovery. Imagine, Brett Kimberlin shows up in court with a bodyguard in tow only to have the bodyguard subpoenaed on the spot for all records related to compensation!

    The cynic in me would suggest that the bodyguard was a one-time prop. What better way to claim that you live in fear for your physical safety than to show up in court with a bodyguard?

    • Personally, I wonder if Kimberlin is collecting welfare benefits, food stamps, etc., given his stated salary.

      • What a nifty bonus to having a seven-figure outstanding judgment for wrongful death against you! Brett Kimberlin can plausibly claim his net worth is negative as result of his bombing spree! Someone once wrote, “It takes a lot of money to keep Mohat Ghandi in poverty.” I suspect the same is true of Brett Kimberlin.

    • Bill represented the man as his “assistant”. That does beg the question….Did Bill pay the man? Were taxes withheld? If Bill did not pay him who did? Did it come out of Kimberlin’s pocket? If so, how can he afford a bodyguard when he forced his young daughters to live in a basement with a convicted child pornographer? If Justice through Music is paying him, why is the non profits funds going to assist Schmalfeldt? Will there be a disclosure from JTM to detail this expense and the donation of it to Schmalfeldt?

      So many questions.

  12. ALso, it likely cost around $1000 simply to file the lawsuit, which is a pretty significant chunck of change for someone earning 19,500. I wonder what account it was paid from.

  13. Of course, all this is being read by Team Kimberlin (which is like the worst cartoon since “Superfriends.) If you have a really cool strategic idea, maybe an email to Hoge might be better. I have seen references to “RICO case” slipping into stories about this. I hope we all jump in to comment “It’s NOT a RICO case, just a lawsuit.” A RICO case would theoretically involve lawyers who understand the racketeering law. Team Federline does not have one of those.

    • It is indeed being read by them. That is why, when I see an incorrect analysis of something, I often just let it sit there. Almost like a legal time bomb.

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  15. “being named in a RICO suit by a pro se litigant is generally about as damning as being accused of a RICO violation by a street person who is off his meds”

    As if there’s a difference.

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