A Reckless Disregard for the Truth, Part 2

I see that Karoli Kuns has a long piece up at Crooks and Liars. Clearly, it was not subjected to fact checking. Consider this typical paragraph which I will fisk:

To a large extent, it succeeded. Hoge filed numerous requests for peace orders which were routinely rejected by the Court. [I filed two.] After they were denied, Hoge appealed. [Only the first one.] Finally, Hoge scored on appeal and found a sympathetic ear in Judge Thomas Stansfield of Carroll County, who had no experience with online social networks or blogs. Judge Stansfield granted Hoge his peace order under Maryland’s domestic violence laws. [No. The peace order was granted under a Courts & Judicial Procedures statute. Protective orders, which are not the same thing, are granted under a Family Law article.] Schmalfeldt was ordered not to contact Hoge at work [No. The order does not mention my workplace because I was retired at the time it was issued.] or contact him by phone. (None of these things had ever happened or could happen because Schmalfeldt does not have the physical ability or desire to visit Hoge anywhere at any time.) He was also barred from contacting Hoge via email. [He is prohibited from contacting (by any means), attempting to contact, or harassing me.]

I’ve been told that accuracy in reporting has never been Karoli’s strong suit. After reading stuff like this, I’m inclined to believe that characterization.

She is no more accurate in her description of the state of the law in Maryland.

But Maryland also needs to evaluate how they’ve structured their peace order process. A simple refinement to the law which limited peace order requests to those where there was an established domestic relationship or closer physical proximity would have eliminated this problem and ended a lot of stress and aggravation for Schmalfeldt. As it stands now, any Maryland citizen can invent the idea that a criminal act has been committed against them online, take that idea to the courthouse and turn it into a peace order. This entraps people in a litigation net who do not belong there while depriving them of the same protections other citizens receive.

In fact, Maryland has two different procedures for dealing with conflicts outside of the criminal justice system. The first, Protective Orders, deals conflicts between family members or domestic partners. This is what Brett Kimberlin sought to use against his wife, unsuccessfully in the end.

The second, Peace Orders, deals with conflict between non-related parties. To obtain a peace order, one must prove (to the “clear and convincing” standard) to a judge during an adversarial hearing that one is the victim of one or more of a specified list of crimes. In my case against Schmalfeldt that was harassment. Harassment via the Internet is harassment. There is not an exception because blogs or Twitter were used.

I am not amused by this either.

sir robin shieldUPDATE—Karoli has taken down comments to her post that relate to the actual facts of the situation with Bill Schmalfeldt, and she has announce that she will not permit any more such comments. She claims that her post is really about how screwed up Maryland’s laws are. If they were as she describes them, I would probably agree. However, she does not correctly describe Maryland’s Peace Order stature or how it works.

Not only does she have her facts wrong, she has her facts about the law wrong.

85 thoughts on “A Reckless Disregard for the Truth, Part 2

  1. I am not amused, either. There are numerous assertions of fact in that piece that are flat out wrong.

    • Speaking of the many flat out wrong assertions, this one caught my eye:

      ” None of his tormentors are housebound or suffering from any disability. “

      Uh, *wave*.

      While I haven’t been tormenting as actively as some, I am a Lickspittle in good standing!

      Oh, and BTW, Karoli’s article was a pile of crap. (I can’t call her “Canolli”, cause them’s my favorite dessert type food.)

      • I suspect we could collect a good long list to contradict that statement. Her research skills are rather lacking.

      • Heh. CAD, ESRD, Stage 4 metastatic Hepatic cancer and a patient of Suncoast Hospice. But then, I guess I don’t count …

      • What kind of writer would even make that statement? How can it be shown to be true in a post on the internet?

        That alone shows how lazy this article is.

      • Paul, that means that Bill Schmalfeldt is more free to leave his home than you. By his own account, he can move around in his house with the aid of a walker, and, travel away from his home by wheelchair.

        It was a distinction posited that didn’t make much of a difference. While it may very be poor form to pick on disabled people [or old people, or sick people, or women for that matter], it makes no difference as to which internet posters are housebound and which are not. It’s not like mobile people have the unfair advantage of being able to knock on your door.

      • I suspect this was posted so that people would either comment on her site or they would email her demanding she redact that post. She would then have information on us. The kind of information that Kimberlin is seeking in his recent lawsuit. If I were any of you, I would NOT communicate with this person. Any IP or email information sent to either Kuns or Osborne will almost certainly be handed over to Schmalfeldt.

      • One way or another, Betty’s suggestion is an important possibility. Except the purpose of the doxing might be merely to harass rather than to help Brett Kimberlin’s laughable mess of a lawsuit. Either way, there’s probably no point in commenting on her site or on Osborne’s.

      • Wrong Walter. Bill, in his relentless apologetics for murderous commies, most resembles Duranty.

  2. “Harassment via the Internet is harassment. There is not [sic] exception because blogs or Twitter were used.” As BS discovered, there are also no PD or “journalist” exceptions to the law.

  3. You have “Protective Orders” in the penultimate paragraph where I think you meant “Peace Orders”.

    • I am The Thinking Man’s Zombie, so titled because I eat my own brains.

      What I find particularly loathsome here is that while Karoli linked my blog (which is awesome, thanks for the traffic) and called that post a scare-quote “parody,” it’s obvious she either did not read it or she is willfully ignoring the clearly stated context provided. I lean heavily toward the latter.

      Thank goodness I have now re-constituted and published the scare-quote “victim’s” original post, so that any visitors from C&L will first see the patented Cabin Boy “genius” that inspired the parody.

  4. I’ll bet the comments section over there will be busy today.

    Will they double-down, or call?

      • Someone has already linked to the Pope hat post on Boxer Bill, reminding readers there that Ken doesn’t exactly qualify as a RWNJ.

  5. Research? The Cabin Boy provided her all the info she needed to produce exactly what she wanted all her readers to hear.

    And by doing so she is completely ignoring how much this is going to bolster his ego and drive him further down his forsaken path.

    Another TK member letting CB be their useful tool? Think NR?

  6. Uh oh, Bill is posting in the comments.

    This won’t end well.

    Bets on when the first f-bomb drops?

  7. A commenter over at Karoli’s blog asked this question, and I think a link to an anser should be tweeted and posted on blogs far and wide. “So the question remains unanswered, how did Hoge and Schmalfeldt come together? How did this hissy-fit begin? Something and someone must have started it, if so, what and who?”

    WJJH, correct me if I have this wrong. BS wrote one of his nasty little hit pieces about some of the people that BK is suing. Hoge, in what I would call a throwaway line in a blog post, casually mentioned BS’s commentary and critiqued his skills as a writer. IIRC, WJJH called him a “hack,” but I could me wrong. Anyone who has ever written professionally, and certainly for as long as BS claims to have been writing for a living, would ignore a comment like that, particularly since it came from a then-obscure blogger. But not BS, oh, no. For him, this was an act of WAR! He was going to show Hoge! And to compound Hoge’s “evil,” Hoge gave Lee Stranahan a ride from the airport, bought him a meal, and ferried him around while Stranahan was trying to get help from the SA to stop BS’s tormenting of his wife and family. So, BS escalated until WJJH was forced to seek a PO. If someone repeatedly asks you to stop contacting them, STOP CONTACTING THEM. BS refused to do so.

    Prediction: when the PO expires in June, BS will start up again.

  8. “Bill Schmalfeldt was diagnosed with Parkinson’s Disease in 2000. Soon after, he was forced to retire from his job due to physical limitations.”

    “soon after” now has a quantifiable duration of 11 years. Sooper geenyus accurate article. Just as accurate as TLFKAD “doxing” me as a guy in Tampa.

  9. “Schmalfeldt’s defensive responses gave Hoge ammunition to return to the courthouse where he filed 367 criminal charges against Schmalfeldt. Hoge alleged that the charges were warranted because the peace order had been violated. Each of those criminal charges earned a subpoena served by a state trooper, whether or not prosecutors choose to prosecute.”

    Wow karoli sure knows how to serve up some whoppers. So the troopers visited him 367 times with subpeona’s? Do the troopers typically deliver subpoena’s? How come they haven’t served TDPK’s stuff for him? How come CBBS’s porch hasn’t rotted away from the constant wettings? Are the troopers issued raincoats they can use and then discard after a visit to the “Ranch”?
    Journalists would dig for these answers.

  10. “He is conservative, may possibly be aligned with the militia and sovereign citizen movements…”

    And some say he “may” be composed entirely of rabbits, while others say this all “may” be a load of dingo’s kidneys.

    When the conditional words start popping with such frequency you know you’re in for a wild ride. Real journalists clarify these conditionals with background and don’t just fling them around will he nill he.

    • “Some say that he’s a CIA experiment that went wrong, and that he only eats cheese. All we know is he’s not the Stig, but he is the Stig’s American Cousin.” — Top Gear

    • ““He is conservative, may possibly be aligned with the militia and sovereign citizen movements…”That’s the same thing Neal Rauhauser said about me, after his hero Anthony Weiner admitted that HE sent the pictures, and that I DID NOT frame him, as he insisted.

      • No surprise there, Karoli has been associated with Neal for years. Neal’s spoken glowingly of her work, and Neal has quickly obtained information that was provided only to Karoli.

    • Karoli is a “real journalist” in the same sense that Cabin boy is. In other words, in no commonly accepted definition of the term, by any stretch of the imagination.

  11. Karoli shows her true colors with that pile of garbage. She’ll lie about anything to score cheap points for the left. Her mentally deficient audience will eat it up. So goes the world of a liberal.
    Not to worry. The legend of what a bilious pile of crap Bill is will be laughed at long after his lying arse is gone.

  12. Good lord. John I am sorry you are going through this. I’m sorry the Cabin Boy ™ is obsessing over this. He could make it all go away…JUST SHUT UP AND LET IT DROP!!!

    He doesn’t have the sense to do that and his ~enablers~ friends just keep egging him on. This isn’t going to end well.

  13. It isn’t going to end well…and I think Cabin Boy™ is LOVING it. He gets all the attention. Look people are writing articles about him now. He’s IMPORTANT. The Cabon Boy™ is hoping to set some sort of precedence with Hoge v. Schmalfeldt. so that it is quoted for years and years to come.

    (Sorry my first reply got cut off so I put the rest of it in this reply)

  14. This picture has captured my curiousity:


    I’ve broken the full link so if you want to see it you have to reconstitute it by putting the Http back in.

    I searched the NIH and found the Directors Awards ceremony program and TLFKAD is nowhere to be found. Wht’s more it is dated in July 2010 and his caption cites December 2010. Seemingly this picture exists but is it real? Is it from an actual NIH honors event or something else? How many damn Directors Awards does NIH have? Or is this just a case of CBBS using his publications job at NIH to create an image of his credit vs what actually took place? It looks like once again his touch has rendered something real into something false.

    • I found him listed in the 2010 award winners here: http://clinicalcenter.nih.gov/about/news/newsletter/2011/jan2011/newsletter.html

      He’s listed in the section for Administration and it would appear to be as part of a team (Contact Center Redesign Team (OCPRPL)) which recieved the award. While he may have received Director’s Awards for his writing or broadcasting while he was at NIH, this would not appear to be one of them.

      • Contact Center Redesign Team? 1/16 of an awarded team for what looks like the switchboard and email receipt center?
        Yeah GS-13 my hairy fundament. He was a receptionist.

      • Worse Kyle…I think that was the call center. A receptionist is at least the initial “face” of an organization. People in a call center are just…invisible.

      • I got Him mad with that comment. I guess I missed the individual award later down the program.

        According to Boxer Bill this proves I am bad at stalking. I didn’t realize that checking up on someone’s publicly made claims was stalking. And I still “stalk” better than he doxes.

  15. Who spanked CBBS? All his comments at the Karoli screed now read “Deleted by Commenter”

    Thought he fancied himself as having a pair? Is he gonna let a t*** push him aorund like that?

    • Shucks, and I hadn’t had a chance to go read them yet. }8(

      They were probably as unhelpful to his case as his comments over at Amazon, the ones removed because of complaints that they didn’t address issues with the reviews, but rather were personal attacks on the reviewers and commenters.

      • Yea, he was asked about his assertion that the state “dropped” all the 366 charges, instead of John dropping them. He tied himself into some pretty impressive knots denying it. It was quite humorous.

      • It’s going to seem very humorous when they get re-instated. Now picture you’re the judge. Judges usually figure at least one of the two parties in front of them is being a jackass, and maybe both, and they harbor a hunch that you’re blameworthy for even needing to be in the courtroom. They want you out. Even the really helpful minded ones are thinking “how can I get these guys out of court?”

        With this mindset, how would you react to Schmalfeldt’s mediation agreement? Let’s see, he was guilty as hell, given a chance to stay out of court if he’d pretty much just quit harassing, and he STILL went out of his way to land himself back in court? Huge amount of goodwill spent right there. If he’s lucky, the judge will just think his disease killed his judgment. I personally don’t think this and it doesn’t really seem fair to Parkinson’s sufferers to suggest it. I hope the judge also doesn’t think such excuse-making for harassment would be fair.

    • Apparently Boxer Bill took them down because he was advised he should stay out of it “for his health”.

      So C&L is worried about Bill’s physical/emotional/mental health? Or they’re just worried about their liability in this thing, and are trying for some basic damage control, having gotten around to seeing what Boxer Bill really says and does when he’s not a very short leash? I can’t imagine that the average C&L reader is much different than the average Kos reader.

      • I think you hit the nail on the head. While the CBBS has nothing of value he could lose in a libel lawsuit, the others may have. And they know leaving his rantings on their sites can bring some messy business onto their doorstep.

  16. as many of you know, i am a liberal democrat. i consider myself fair minded. i give acknowledgement and respect to the opinion of others – whether i agree or not. but this – it’s a shame and a sham. john, i am truly sorry for what you are going thru. i pray for a solution for you, and others.

  17. I read the comments.

    Did any of the readers notice that there is a distinct lack of linkage to source material in that article? Or do they simply not care?

    • Look at the comments, there is no substance to any positive ones, they only say something like “Rethuglicans suck”. Every link and statement of fact are ignored.

      Typical of C&L.

      • Interesting take on the commenters there. It comes with a lesson, which is that you should be the exact opposite way. One way to be the opposite of Karoli’s commenters is to not comment on Karoli’s site. “Don’t be a mindless partisan robot” ought to have gone without saying, though.

      • I just checked, and Karoli has posted twice that they don’t want the comment section to become an extension of the fight she wrote about. They also removed nearly 15 comments, as far as I can tell all ones suggesting that Boxer Bill isn’t quite the paragon of innocence and virtue that KK is trying to make him out to be, including the one suggesting that people should go read the Popehat article.

        Surprise, surprise,

  18. What a hoot this is, or as @rsmccain has described it, “”a cloud cuckooland fantasy”. Is she even vaguely aware that abusing the Maryland peace order process is Brett Kimberlin’s stock-in-trade.

    These folks are truly tedious.

    • The convicted perjurer Brett Kimberlin abuses anything and everything about the legal process. He sued people for successfully convicting him of his domestic terrorism; he sued the widow he created with one of his bombs; he sued a publishing house under a RICO statute because he thought their porn wasn’t good enough; and for the last few years he sues people for writing the truth about his sordid background. He forges up a storm at any opportunity, including forgeries designed to prevent the people he sues from successfully defending themselves.

      Kimberlin created entirely brand new categories of abusing the justice process, as his forgery of court summons is apparently unprecedented in US history.

      For Karoli to fail to understand this, and then go on to write a piece of “journamolism” made of copy+paste “facts” from an adjudicated harasser, strains credulity. At some point, she’s got to either explain herself, or else allow us to remain at the simpler and more obvious conclusion that she lies because she has an agenda. I note that “explain” has a synonym, “apologize,” and that’s really what’s called for here. I doubt she has the integrity or the guts.

  19. I had the thought earlier, as I was watching people try to show how deranged Schmalfeldt really is over at C&L, that it would be nice to have a single page showing all the crappy things he’s done over these many years. The KMW website does an admirable (if ungrammatical) job, but it doesn’t go back far enough. Are there any sites that have a decent timeline of Bill’s malfeasance?

    • It might have to be done in a “greatest hits” format since nobody is going to stick around and read an exhaustive list. Even if you only stick to the worst 10% or so, it might be unnecessary overload. I think people should sit down and figure out something like:

      – top 10 IRL harassment incidents. Probably Stranahan’s case is #1 here and warrants its own page.
      – top 10 disgusting remarks about uninvolved family members
      – top 10 other just disturbing and disgusting remarks
      – top 10 easily disproved lies (yes, I know… only 10. You can make a separate page later.)

      You could maybe include other top 10, but I think it would be more like embellishing the “disturbing and disgusting” category.

    • She deserves to be held to account for this. I realize Brett is a big faker and a liar, but people have a responsibility to make sure they do not aid the ongoing fraudulent activity on the part of any domestic terrorist censorious thug forger-harassers. And diddlers.

  20. Pingback: Lies, Errors, and Tendentious Mischaracterizations of Facts : The Other McCain

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