Prevarication Du Jour


IANAL.

BTW, the reason Judge Hecker gave was failure to comply with Rule 15-206. Now, it is true that the Cabin Boy™ failed to comply with the provision that required him to state whether he was seeking jail time for me. The rule also says

(2) Unless the court finds that a petition for contempt is frivolous on its face, the court shall enter an order providing for (i) a prehearing conference, or (ii) a hearing, or (iii) both.

So there’s another reason why the court could have bounced his petition sua sponte. Either way works for me.

Everything is proceeding as I have foreseen.

UPDATE—And another thing … The Dreadful Pro-Se Schmalfeldt’s written answer to the show cause order was due at the court a week ago. No answer was showing on the online case docket as of close of business yesterday.

Hmmmm.

49 thoughts on “Prevarication Du Jour

  1. So Sir Shit Stain sez: “See You Friday”

    Does that mean that he is going to actually show up in court?

    How is he going to explain to the Judge that his Advanced PD is gone? And that he can drive now, when last fall he couldn’t travel and had to Skype?

    Waiting for Friday’s Court results is like waiting for Christmas morning, you know that there are going to be all sorts of goodies for you, just not what there are yet.

  2. I guess his inflatable ladyboy sprung a leak and he’s been too busy chasing after it…

  3. Our Gracious Host informs the readership here that William “Stolen Valor” Schmalfeldt had his motion denied. He makes no mention of why. In Bill’s pretendy land world, that is a lie. Then Bill goes on to lie as to why it was denied.

    World’s Stupidest Man™

    • Bill’s final analysis was not a “lie”. The Judge noted that Bill’s Motion was denied because it did not comply with Rule 15-206. The Rule lays out a number of different situations, real-world facts, procedural courses required for various avenues, and what choices the Court has in dealing with each situation. I had to read it a couple of times before I got the hang of it, and came up with a guess as to the likeliest reason the Judge chose this Rule.

      But I don’t claim to be an expert on the situation, and so don’t presume to be able to name who is at “fault”, let alone if any portion was generated by “lying”.

      Bottom line: Bill jumps to a conclusion, and then traces backwards from that conclusion, using quite emphatic language, all that must have immediately become before (with an in-built assumption that the Judge is impartial, and that his dislike of Hogs is very obvious).

      The “conclusion->traceback” path, although fraught with danger, does not equal “lie”, unless the author is being very, very disingenuous. I do not believe that that situation applies here.

      • Bill’s interpretation of that rule is the one most favorable to him and his self image. We may get a hint as to whether or not it is accurate on Friday.

        • It’s also the most absurd.

          It implies he had a really strong case but was stopped because the judge picked up on a technicality.

          Ignoring the in-your-face fact that his entire motion was a conspiracy theory with no evidence which had nothing whatsoever to do with the case at hand.

          • Yes, you see the judge was quite OUTRAGED!!! at the long distance indignities and violations that HOOOOOOOOOOOOOOOOOOOOOGE!!!! has visited upon his worn, blown out tires, but alas, no mention of jail time for our host so he had to deny it sua sponte.

            Yeah, that’s it. And I’d like you to meet my girlfriend….Morgan Fairchild…..

      • It is a lie, because he falsely accused WJJH of lying by omission based on the false oremise that Hoge offered an opinion on the basis for the denial. He did not. He simply posted the order.

        • “False accusation” requires us to have perfect knowledge of the Judge’s mind, which we do not.

          Before today’s blog post, Hoge did not speculate, in any way, about how the Motion would travel, including not speculating which, if any Rules might apply.

          Hoge’s opinion about which aspects of the Rule were in play only came today, in a post that also laid out tweets from Bill… so Bill’s opinion of the Judge’s analysis of Bill’s motion (delivered by the tweete), and the part(s) of the Rule that the Judge applied, precedes this blog post where Hoge points out another section that possibly (also, or instead) could have been the basis for the rejection.

          Equating “false accusation” with “lying” is not correct — a statement, such as “Hoge lied”, requires that (A.1) The person making the statement knows of cold, hard facts, (A.2) The other party made a statement that is at odds with those facts; (A.3) It is certain that the other party did actually know the cold, hard facts; and (A.4) The other party had motive to act in a fashion at odds with the facts.

          Whereas, “False Accusation” could come from a number of different angles, but, for the sake of brevity, I’ll merely restate what I said earlier: (B.1) The accuser assumes too much about the overall situation, comes to wrong conclusions as a result of these assumptions, but then chooses to make statements based on these wrong conclusions.

          The easiest question of fact that could clarify the decision here is: Which part or parts of the Rule, exactly, did the Judge choose to apply?

          However, I personally doubt that the play of events (hearings, motion practice etc) will reveal this.

  4. By Friday he might be in Canada under an assumed Twitter handle. Such is the restricted mobility of Parkinsons Conveniens.

    He might be on the run (waddle?), but his disability pension isn’t. Can you imagine the gnashing of rotten teeth every month when he sees the Glorious Hoge Victory deduction on the remittence advice?

  5. I had to laugh at what Mr Fakinsons wrote.

    Just because you get someone to write your briefs (poorly) doesn’t mean everyone else does.

    Hove is well educated, intelligent, and knows how to do research. Three qualities you will never have.

  6. “The Dreadful Pro-Se Schmalfeldt’s written answer to the show cause order was due at the court a week ago.”

    Well how the heck’s he supposed to know THAT when they never send him his mail???

    • I had the order physically served on him by the Clinton County, Iowa, Sheriff’s Office. Their return of service was filed with the Circuit Court for Carroll County on 17 April and placed on the online case docket on 18 April.

      • Was there, by any chance, a supplemental report from them regarding whether the Cowardly Ly’in pissed himself again when he saw a deputy at this door?

  7. Billogic: “Hoge lies by omission. It’s not that I’m wrong as much as that I don’t know how to be right, which is different and clearly better!”

    • It occurs to me that if he had left the last word off the first tweet and let it stand alone, while it would still be a false accusation of Our Gracious Host, it would at least be accurate in every other respect.

  8. The 9th Eart of Restrainia, jailing his adversary’s, owning their property, wives, and savings since circa 2013

  9. So wait, Bill filed a motion and didn’t read the pertinent rules on what it needed? Maybe Bill should seek clarification from the Judge at the hearing. Look at it as an opportunity to improve his legal acumen.. or for our entertainment.. whatever.

  10. Bill as the editor/idiot of BU you have a ton of retractions to do. https://www.grassley.senate.gov/sites/default/files/news/upload/2017-04-28%20CEG%20to%20FBI%20%28follow-up%20to%20Steele%20letter%29%20with%20attachments.pdf
    All of those “stories” you have been writing about the election and since well they came from “Agents of Russian Intelligence”. So by your own standards no retraction means–well I know what my opinion will be.

    Also, more information has since come to the Committee’s attention about the company overseeing the creation of the dossier, Fusion GPS. Namely, Fusion GPS is the subject of a complaint to the Justice Department, which alleges that the company violated the Foreign Agents Registration Act by working on behalf of Russian principals to undermine U.S. sanctions against Russians. That unregistered work was reportedly conducted with a former Russian intelligence operative, Mr. Rinat Akhmetshin, and appears to have been occurring simultaneous to Fusion GPS’s work overseeing the creation of the dossier. I wrote to the Justice Department about this issue on March 31, copying you, and I have attached that letter here for your reference. The Justice Department has yet to respond.

    H/T Ace of Spades HQ

    • Bill’s a hack. He copy/pastes stuff from other sources. Look at the majority of his “writing”. What percentage is his and what percentage is him quoting real journalists. Plus he has a bad habit of cherry picking things and distorting them to mean something they don’t……like he does with his legal filings.

  11. Someone post up play by play of friday’s activities. I was going to be there (a dollar makes a killing on the over/under that Mr Fakinsons loses bladder control) but my travel plans got derailed.

  12. If Bill Schmalfeldt has the courage of his convictions, may I suggest that he resubmit his motion with the proper form attached. Bill Schmalfeldt need only identify which order of the Judge John Hoge has allegedly disregarded, and, indicate whether, or not, he is seeking jail time. [Sorry Bill, I don’t think Maryland is a death penalty state, and, it certainly doesn’t list that option as Judge’s remedy for contempt, but, you could ask for jail.]

    Now, I don’t think Bill Schmalfeldt will file such a motion because Bill Schmalfeldt would be seeking jail time: for Bill Schmalfeldt.

    Well, Bill, action talks and bullshit walks!

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