Prevarication Du Jour

Federal Rule of Civil Procedure 11 requires that a person submitting a court paper must certify that

the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

With that in mind, consider this bit from The Dread Pro-Se Kimberlin’s Second Amended Complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 100-1-155I suppose TDPK bases that nonsense on this blog post which he included as an exhibit with his opposition to Michelle Malkin’s motion to dismiss.ECF 67-13Yes, that is a picture of Glenn Reynolds, but everything else TDPK alleges is wrong. He isn’t holding a shotgun; that’s a .50 caliber rifle. He didn’t post the picture with the caption addressed to TDPK. As the Gentle Reader can see, the post is from the Charlie Foxtrot blog which had lifted the image from an Instapundit (Prof. Reynolds’s blog) post about shooting the custom-built rifle. Finally, IIRC, Glenn Reynolds is not now a member of the board of the National Bloggers Club, although he may have been at the time of the Charlie Foxtrot post.

So much for due diligence.

UPDATE—Here is the original Instapundit post from which the picture was taken. Note that it dates from October, 2010. That’s well before any of the activity alleged in TDPK’s complaints.

53 thoughts on “Prevarication Du Jour

  1. So if Glenn Reynolds was making a direct threat to BK and was on the board of NBC, how come he isn’t a target of the suit?

  2. People appearing before the court also have a duty not to deceive by omission. Professor Reynolds is a professor of Constitutional Law at University of Tennessee. That is relevant information that should have been disclosed. It wasn’t, and the court should rightly ask itself, why not? For a textbook example on how a brief should be written in terms of disclosing and distinguishing case law that may appear to work against you, see the Levy/ACLU brief for Ace of Spades.

  3. So… I the quoted paragraph, can anyone tell me what illegal or damaging act is alleged? I can’t see any.

    From what I can tell, it’s just an excuse to get a Scary Gun Picture into the record.

    • It’s all he or Neal could find, the alleged threats to his family – phone records – all of these things – no reports to law enforcement, no investigations, no records of complaints filled out, nothing put into the record.

    • And the same lies about “corruption of blood” and the non-attack that occurred with Aaron Walker.

    • Also how is he going to explain away the contact, the stalking of Blogbash 2012? The threatening phone calls?

  4. Mr. Hoge and all interested Lickspittles,

    I have several very important questions:

    1. Did you or did you not allow me to post the following on Twitter:
    Did you or did you not allow me to post similar information on your blog (or on mine…it’s hard to tell with the SOOPER JOURNALIST’s tortured English usage)?

    2. Isn’t it false and defamatory to call me a “psychotic stalker,” or to publish as fact on one’s own blog that ” Patrick G. Grady, the admittedly bi-polar reader who identifies himself as “Palatine Pundit” who has made threats against me” when I have never done any such thing?

    3. Isn’t it also false and defamatory to state “Patrick Grady (the aforementioned Palatine Pundit) has broadcast to the Hogesphere that I am on anti-psychotic medication” when all I did was ask if he was indeed taking Zoloft and Clonazepam, statements he has made previously and confirms in his most recent blog post (No I won’t link to it), in which he refers to you, Mr. Hoge – in a false and defamatory manner – as a “domestic terrorist?”

    4. Does anyone, anywhere, at any time, recall a time when I, “Patrick G. Grady, the admittedly bi-polar reader who identifies himself as “Palatine Pundit” …made threats against [Deranged Oedipal Self-confessed Cuckold Cyberstalker Troll Cabin Boy Bill Schmalfeldt]?”

    5. How is it that this selfsame Deranged Oedipal Self-confessed Cuckold Cyberstalker Troll Cabin Boy Bill Schmalfeldt can think that Mr. Hoge filing 366 complaints for criminal violation of a Peace Order is “domestic terrorism,” while Brett Kimberlin setting bombs around Speedway, Indiana in a possible attempt “to affect the conduct of a government by mass destruction, assassination or kidnapping;” the desired outcome being the diversion of investigative resources away from the brutal murder of Kimberlin’s pre-teen girlfriend’s grandmother Julia Scyphers and toward the more high-profile serial bombings, is NOT an example of domestic terrorism?

    6. Wouldn’t the world be a better place if the consequences of stupidity were not just fatal, but cumulative, like an aggressive flesh eating bacteria?

    • “Deranged Oedipal Self-confessed Cuckold Cyberstalker Troll Cabin Boy Bill Schmalfeldt “

      Uh, sorry to interrupt, but you forgot “fat”.

      Carry on……

      • You got your “Fat Stupid Trolls” and your “Muscular Stupid Trolls”.

        So I’m sorry, sir, but it’ll have to be “Deranged Oedipal Self-confessed Cuckold Cyberstalker Fat Troll Cabin Boy Bill Schmalfeldt “ or nothing, “Deranged Oedipal Self-confessed Cuckold Cyberstalker Troll Cabin Boy Bill Schmalfeldt “ is simply not descriptive enough.

        Thank you for your attention……carry on….

      • Only other people need to prove things. Baghdad Blob just asserts things and the are magically true even when he is being his usual lying self. Schmalfeldt World. His fantasy land where he is always right instead of being the failure he is in real life.

  5. Wonder why the NSA, Chamber of Commerce, and Hunton and Williams aren’t named as defendants. I mean, based on the complaint, it sure seems like they played a key role.

    Also, it would be really nice if folks looked up the meanings of words like imply, infer, impute, and intestate before they used them.

  6. I learn something new every day. For example, did you know that targeting someone with “legal analysis” is some kind of tort? See SAC, para. 123. Go figure. Every lawyer in America should be quaking in his/her boots.

  7. And it appears that a D.O.S.C.C.C.F.T.C.B.B.S. sockpuppet has overcome the HATE TROLL!!!!11!!TY filters to leave a comment on the idiotic “Is Hoge A Terrorist Like The Dread Pro Se Kimberlin?” post.

    I guess the voices in his head told him to let himself through to comment, so he can have a multimedia schizophrenic experience.

    • That particular acct popped up just as the fat troll left twitter “for good”. Follows some of the same folks as the Troll. Best guess is it’s his sock. Good find there.

  8. TomB,

    I’m going to be seeing my Parkinson’s specialist later this week and I’m gonna ask him to estimate the severity of Bill’s condition, based on the following:

    1 – his statement that he has little or no TREMOR or RIGIDITY (2 of the 3 cardinal symptoms).

    2 – his claim that he does experience BRADYKINESIA (the 3rd cardinal symptom) which is slowness of movement. As evidence of how slow he moves, I will call the doc’s attention to the strings of error free 30 second tweets Bill spews.

    3 – I will point out that his gait disturbance and postural instability are seriously affected and that this secondary symptom is very severe in his case, making walking or standing difficult. (I take him at his word on this, and disregard inconsstencies like his description of how he fell when he was standing at the sink portioning out his pills. I’m not “wheelchair bound” but that’s not something I would try doing while standing.)

    4 – I’m going to show the doctor the video from Schmalfeldt’s bleg page to demonstrate his degree of facial masking, voice qualities and general head/neck involvement.

    Based on that data, I want to know if his condition could be described as “end-stage” or ”advanced” as Bill often does.

    What do you predict he’ll say?

    Again, I not denying that Bill has PD, or disputing that losing the ability to walk sucks big time. But I’m tired of him acting like he has faced the worst PD can throw at you, and that he’s near the end of an epic struggle and has seen it all. Because it just ain’t so.

    Yeah, falling down isn’t fun, and having your feet freeze to the floor is a PITA. But compare that to feeling every muscle in your body tense up, and stay that way. You can’t relax the muscles, even when they start to ache and burn. It’s a claustrophobic feeling, like being crammed into a wetsuit 2 sizes to small. There is a drug that counters rigidity – levodopa. For a while you can get some relief, until the l-dopa stops working at normall doses. So you up the dose – until you get the side-effect, dyskinesia – uncontrollable flailing motions that are hideous and unpleasant, but marginally less horrible than rigidity. And from then on you spend your days deciding which intolerable symptom you must force yourself to tolerate at any given moment, rigidity or dyskinesia.

    I describe that not to evoke sympathy, but to give you a glance at one small aspect of what PD ireally involves in the later stages. An aspect which Bill Schmalfeldt, self-appointed spokesman and deliberate object of public pity, has _no_ experience with!

    Hearing him moan and bitch about trouble walking, when he has never felt the really _nasty_ symptoms just bugs me.

  9. I watched a very close loved one die from Parkinson’s last year. She had the disease for over 30 years and tried as many of the treatments as she could, including the experimental. (No, she never even suggested she was somehow brave in doing so, unlike others). I watched her drift away as one area of her body failed after another. In the last decade of life she could barely work a remote control let alone a computer, and talking to her on the phone was very difficult due to her dysarthria.

    It simply boggles the mind that the only serious symptoms Fat Boy complains about is below the waist. I’m merely a DMD that specializes in the disabled, but in all my years this is a unique case. Then again, none of the PD patients ever mention their disease. They have it and live with it, wringing all they can out of every day. I think what infuriates me most about BS is that there has been no time he hasn’t been throwing his disability in people’s faces. “ParkyBill”? What the bloody hell is that???

    That said, I’d very much like to hear what your doctor has to say. (although I’m sure it won’t be much, it is very, very hard to critique a patient “long distance”.)

  10. Thank you, Rick Buchanan and Tomb – hammer met nail with your posts. May God bless you both and ease your burdens.

  11. Pingback: Glenn Harlan Reynolds: 5 Privacy Laws We Should Put on the Books Right Now | pundit from another planet

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