A Possible Corrupt Politician in Baltimore?

Could be. Yesterday, a federal grand jury indicted the Baltimore City State’s Attorney on several fraud charges. The indictment alleges that Marilyn Mosby made a fraudulent Covid hardship withdrawal from her city retirement account, made a fraudulent mortgage application for a vacation home in Florida, and committed perjury in the process.

Mosby has previously attained national notoriety for her malicious prosecution of six police officers in the Freddie Gray case and for her asking the FCC to take action against Baltimore Fox TV affiliate WBFF because the station was reporting truthfully about the operation of the State’s Attorney’s Office.

Why is the DoJ going after a progressive, blue city prosecutor? Right now? Is it the Covid fraud angle?

Hmmmm.

Team Kimberlin Post of the Day

This episode of Yours Truly, Johnny Atsign first ran seven years ago today.

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Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype ringing once. Handset picked up.

JOHNNY: Johnny Atsign.

ZOA: (Telephone Filter) Johnny, it’s Zoa. How’s that report coming.

JOHNNY: Check your email. I set you a final draft a couple of minutes ago.

ZOA: (Telephone Filter) Ah hah. It just popped up.

JOHNNY: OK. I’ll drop a hard copy off at your office in the morning. Will you need me for the trial?

ZOA: (Telephone Filter) I don’t think so. I’ll get in touch if I do.

JOHNNY: I’ll keep the date open just in case.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

Team Kimberlin Post of the Day

Today is the tenth anniversary of the altercation outside of Courtroom 9D in the Montgomery County Circuit Courthouse which led to Brett Kimberlin’s false claims that he had been assaulted by Aaron Walker. The Dread Pro-Se Kimberlin sought to use that imaginary assault as the basis of a peace order against Aaron, and a court hearing his petition found that no assault occurred.

TDPK has continued to use his story of being assaulted by Aaron as a part of various civil suits, submitting apparently inconsistent medical records in those cases. None of Kimberlin’s lawsuits claiming that Aaron assaulted (or battered) him survived a motion to dismiss.

He also included his story of the imaginary assault sending him to the hospital in the 2013 Application for Statement of Charges that he filed against Aaron. When Aaron sued for malicious prosecution, the jury found that Kimberlin had lied about being sent to the hospital.

Perhaps the biggest problem TDPK has had in peddling his tale is the existence of security camera video of the incident which shows that Aaron did not “deck” him as he initially claimed. Of course, the existence of contrary documentary evidence has rarely been a barrier to Kimberlin’s outrageous allegations against his perceived enemies, and that jury’s finding that he lied about his “assault” has no more squelched his telling the tale that did the judge’s finding almost ten years ago that no assault occurred.

Kimberlin has followed a similar pattern in his failed attempts to respin the case history of the Speedway Bomblings with imaginary tales of corrupt cops and prosecutors and of being held as a political prisoner.

Plus ça change

Team Kimberlin Post of the Day

Say, I have;t seen any coverage of The Dread Deadbeat Pro-Se Kimberlin’s recent loss in the Court of Appeals over at Breitbart Unmasked Bunny Billy Boy Unread. They promised to keep us informed of his legal saga, but it’s now been over three years since the site had any new material. However, this post of News from Minitrue that ran eight years ago today is probably the sort thing we would have seen from BU.

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Baghdad Blob sez—BaghdadBlob20140108a

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I’m pleased that Hogewash! isn’t the only site covering this story.

Team Kimberlin Post of the Day (A Few Hours Early)

I would usually hold this to post until just after midnight, but I feel like sharing this good news right away.

The Court of Appeals for the Seventh Circuit has affirmed the denial by a U.S. District Court of Brett Kimberlin’s petition for a writ of coral nobis seeking to set aside some of his Speedway Bombing convictions. His convictions stand.

Kimberlin still has another appeal related to the Speedway Bomblings pending at the Seventh Circuit.

Team Kimberlin Post of the Day

This episode of Yours Truly, Johnny Atsign is from eight years ago today.

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Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype Ringing Once. Handset picked up.

JOHNNY: Johnny Atsign.

STRIDER: (Telephone Filter) Johnny, it’s Strider.

JOHNNY: Good morning!

STRIDER: (Telephone Filter) I’m calling to remind you of the hearing today.

JOHNNY: Is it still on?

STRIDER: (Telephone Filter) Yes. The Grouch can’t be there, and the Judge should grant a continuance, but you need to be there as a witness in case the judge goes ahead anyway.

JOHNNY: OK. I’ll meet you at the courthouse just before 1.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

Team Kimberlin Post of the Day

I’ve always enjoyed these Qapla’ posts. This one is from four years ago today.

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I received a phone call a few minutes ago from Louis Nettles, the lawyer representing my codefendants and me pro bono in LOLsuit VIII: Avoiding Contact. The suit is now officially dead.

I wish to thank Mr. Nettles for his help.

Everything is proceeding as I have foreseen.

UPDATE—I’ll just make one other point concerning LOLsuit VIII for now. As I’ve noted before, I’m not through with Bill Schmalfeldt yet. The proper next step depended on the outcome of this case. Now that it is resolved, the appropriate course of action is defined.

Based on advice from our lawyer, I’ve not published much about this case while it was in progress. I’ll have more to tell the Gentle Readers about LOLsuit VIII over the next few days.

Stay tuned.

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Some things don’t have a statue of limitations.

Team Kimberlin Post of the Day

Brett Kimberlin has continued to maintain his innocence of the Speedway Bombings in the face of overwhelming evidence. He insists that he was framed, claiming, for example, the ATF planted the four modified timers found among the bomb making equipment found in the car he was driving when arrested by the FBI and Army CID for impersonating a federal officer.

As I noted in a post nine years ago today—

If I were a crooked cop trying to frame someone for a bombing, I wouldn’t bother to modify four timers and plant them. One would do. Traces of Tovex 200, the explosive used in the bombs, were found in the trunk of the car also. If I knew that, I wouldn’t bother to plant the timer. Possession of explosives by a felon (remember, TDPK’s a perjurer) is itself a felony, and possession of the same type used in the bombings provides a strong possible link to them.

No, TDPK wasn’t framed. He screwed up and left bomb making material in a vehicle that he was driving when he got arrested. That’s simply poor attention to detail and bad timing on his part.

BTW, one of Kimberlin’s current appeals relating to the Speedway Bombings is based on the claim that he didn’t know at time of the bombings that he was a felon because of his perjury conviction.

Yeah, right.

Team Kimberlin Post of the Day

Some moire items have appeared on the docket of the second Kimberlin appeal in the Seventh Circuit. That’s the appeal seeking to have some of his Speedway Bombing convictions set aside because some of the witnesses in the case had been hypnotized. Kimberlin has filed another motion asking the court to recruit a freebie lawyer to help with oral argument..

Kimberlin also filed a notice that one of the judges on the court (while in private practice as a lawyer) had represented him in a matter related to his current appeal.

The court has suspended briefing on the case pending review of Kimberlin’s motion for pro bono counsel.

Stay tuned.

For The Times They Are A-Changin’

San Francisco Democrat Mayor London Breed announced a crackdown on crime on Tuesday. The city has been overwhelmed with pervasive lawlessness encouraged by progressive politicians.

It’s time that the reign of criminals who are destroying our city, it is time for it to come to an end. And it comes to an end when we take the steps to be more aggressive with law enforcement … and less tolerant of all the bullshit that has destroyed our city.

Harry Callahan was unavailable for comment.

Team Kimberlin Post of the Day

Team Kimberlin never had control of their narrative as soon as a few bloggers began paying attention. They couldn’t find a way to spin coverage in their favor. Eight years ago today, I wrote about how their efforts were Spinning Out of Control.

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As a pilot, I can tell you that a spin is something to be avoided. It can be hard to recover from, and loss of control will result in a crash. Team Kimberlin and its fanboys and enablers seem to be spinning out of control in their reaction to the peace order extension issued last Monday against Bill Schmalfeldt.

The order simply requires Schmalfeldt to refrain from contacting, attempting to contact, or harassing me.

Most of the brouhaha is Team Kimberlin’s misrepresentation of Judge Stansfield’s findings with respect to Twitter and what constitutes contact under the terms of Maryland’s harassment statutes and the peace order he issued.

Notice that I wrote statutes. Plural. Maryland has two laws that are applicable. The first is the general harassment statute which deals with any intentional course of conduct that seriously annoys, alarms, or harasses the victim and that continues after the perpetrator has been told to stop. This is the statute that Schmalfeldt was found to have violated. The fact that his course of conduct involved tweets was incidental to that finding. It was his conduct and not the particular means of delivery that was the issue. In the context of Schmalfeldt’s behavior, the judge found that Schmalfeldt’s tweeting @mentions and @replies using @wjjhoge was a part of his method of harassing me. Harassing me. Not contacting me. But he was ordered to stop doing both.

Maryland also has a law aimed specifically at harassment via electronic communications. It allows for an enhanced criminal penalty when harassment is conducted by means of data (text, photos, whatever) sent to and received by a specific person. During the October hearing on Schmalfeldt’s motion to modify the order and during last Monday’s hearing on the extension, the judge found that using an @mention or @reply caused Twitter to deliver the tweet containing it to a particular account, the account of the user mentioned. That means that someone who was uses @mentions or @replies to engage in a course of harassing conduct could be charged under both laws, electronic harassment for a possible enhanced criminal penalty and harassment in general to enable a peace order to be issued. Specifically, Judge Stansfield found that Schmalfeldt’s 470 tweets containing @wjjhoge or @hogewash were contact that I should not have received under the terms of the peace order.

(I note that the three pornographic images entered into evidence were found to be harassment but not contact, and also good cause to extend the peace order. Although they were tweeted, the versions entered into evidence were from websites. Schmalfeldt’s harassment of me has not been limited just to Twitter.)

This doesn’t cause any real change in how the First Amendment relates to harassment. Harassment isn’t protected speech. What it does is to make it clear that Twitter is not a safe harbor for harassers under Maryland law. Twitter users will be held to the same standard in that forum that would they be writing in a newspaper or speaking on a street corner.

Is that so bad?

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There are still some open issues with Team Kimberlin which haven’t been dealt with. Yet.

Team Kimberlin Post of the Day

One of the best techniques to use against Team Kimberlin in court has been to let them make my case for me. Doing so resulted in what Bill Schmalfeldt called My “Dirty” Win in the hearing to extend the peace order against him. I wrote about it eight years ago today.

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I’m told that Bill Schmalfeldt has been whining about my “dirty victory” in court yesterday.

It’s true that my lawyer had a secret strategy that she used against him, and it worked: She let him talk.

Schmalfeldt repeated arguments that previously had been shot down. He asked irrelevant questions. He ranted. He yelled. He pounded the table. He convinced the judge that he intended to continue to disobey the peace order. In short, he made my case for me.

Bill Schmalfeldt can think that was a dirty trick if he wishes. I call it good lawyering.

Now, if Schmalfeldt will simply obey the peace order, I will have no reason to take any particular notice of him. We’ll see how that goes.

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My podcasting partner Stacy McCain once wrote that the easiest way to discredit Bill Schmalfeldt is to quote Bill Schmalfeldt. Sometimes, it’s even easier to simply let him keep talking.

Team Kimberlin Post of the Day

I was the first person to be able to hold Bill Schmalfeldt accountable for his cyberharassment undertaken on behalf of Team Kimberlin by securing a peace order against him. Of course, he continued his thuggery, so eight years ago today, there was a hearing that resulted n the peace order being extended for six months. I wrote about the hearing in a post titled What I Saw in Court Today.

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I was called to the stand by my lawyer Zoa Barnes, and we presented evidence of Bill Schmalfedlt’s violations of the existing peace order. The peace order requires that Schmalfeldt not contact, attempt to contact, or harass me. We presented evidence of over 470 times that he contacted me after the order was issued. We presented evidence of at least one attempt to contact me through third parties. We presented evidence of harassment in the form of three pornographic images Schmalfeldt created using my likeness. Even dealing with lots of objections, that only took about 20 minutes.

I spent the next hour on the stand being cross examined by Schmalfeldt. Most of that hour was taken up by his ranting rather than actually asking me questions. He tried to get the court to consider many of the legal theories he had offered before. The result is best summed up with the word res judicata. At one point Schmalfeldt asked me what I thought would happen if the the peace order were extended. I replied that I expected that he would continue to violate it until it was enforced.

When Schmalfeldt tried to bring up the Attorney General’s opinion letter, Judge Stansfield quoted a Court of Appeals decision back to him that said that the Attorney General’s opinion is just one lawyer’s opinion.

After my grilling on the stand, we rested my case, and the court took a brief recess. When we were called back, Schmalfeldt tried to make his case. He was sworn and offered some testimony.

During her closing argument, Zoa Barnes made the point that if the order were extended and Schmalfeldt were to violate it, we would be back with a motion for contempt seeking jail time.

Judge Stansfield granted the six-month extension of the peace order. In doing so, he found that the 470 tweets that I had received between noon on 16 October and last night were contact that I should not have received under the existing peace order. He also found that the pornographic images were harassment sufficient to permit the order to be extended.

That’s what happened today.

Oh, one more thing …

Brett Kimberlin drove Bill Schmalfeldt to the courthouse today. What appeared to be the same silver Toyota Highlander photographed at BlogBash was parked at the courthouse.

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BTW, one of the pictures of me he used to create those pornographic images was taken when I was 17.

18 USC § 2252 has no statute of limitations.

Team Kimberlin Post of the Day

After I filed one of several complaints about unwanted contacts from Bill Schmalfeldt while he was subject to a Peace Order, a District Court Commissioner charged Schmalfeldt with misuse of electronic communication or interactive computer service. The State’s Attorney eventually declined to prosecute the case, but while it was pending Schmalfeldt kept insisting that (a) mentioning someone on Twitter was not a form of contact. Eight years ago today, I put up this post discussing The Elements of one of the acts prohibited by Maryland Criminal Law § 3-805,

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In order to establish that a law has been violated, one must show that all of the elements of the crime have been committed. What are the elements of the Maryland crime of misuse of electronic communication or interactive computer service?

One of the acts prohibited by Maryland Criminal Law § 3-805 is (1) the use of any means of data transmission (2) via a computer or other electronic means (3) to send that data to a person (4) who receives that data (5) for the purpose of engaging in course of conduct (6) that alarms or seriously annoys another (7) with the intention to harass, alarm, or annoy the other person (8) after being told to stop and (9) without a legal purpose.

1. Does Twitter transmit data? Yes.

2. Does the transmission go via a computer or other electronic means? Yes.

3. Is the data sent to a particular person? If @useraccount is used, Yes.

4. Does the user receive the data? Yes. It arrives in his Interactions and/or Mentions pages.

5. Does a course of conduct exist? If no more than an isolated tweet is involved, probably no. If a sustained flow of tweets is involved, yes.

6. Does the data contain anything alarming or seriously annoying? If it’s petty name calling, probably no. If it’s threats to file criminal charges, probably yes.

7. Does the course of conduct demonstrate an intention to harass, alarm, or annoy? If it contains threats to file criminal charges, probably yes.

8. Was the data sent after being told to stop? A warning from the bench by a District Court judge is notice to stop. A peace order is notice to stop.

9. Was the data sent without a legal purpose? Communication or harassment in violation of a peace order is illegal.

The examination of the elements of this crime with respect to the behavior of certain persons using Twitter is left to the Gentle Reader as an exercise.

Speaking of “The Elements” …

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It has been suggested that the elemental particle of Team Kimberlin is the moron.

Team Kimberlin Post of the Day

I was the first of several people to hold Bill Schmalfeldt accountable for his cyberthuggery and harassment undertaken on behalf of Team Kimberlin. The Cabin Boy™ and his enablers tried multiple times to spin Schmalfeldt as a victim rather than perpetrator. This I’m Not Making This Up, You Know post from eight years ago dealt with one of their lamest attempts. The email was sent a week before the hearing that resulted in the original peace order granted against Schmalfeldt being extended.

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I have just received the following email—

Matt Osborne
To: hogewash@wjjhoge.com
Legal Notice

Dear Mr. Hoge:

As Section 3-803 of the Maryland Criminal Law Code allows for a person to make such a request on behalf of another, I am officially and legally asking you to cease and desist all harassment of William M. “Bill” Schmalfeldt of Elkridge, Maryland. This includes referring to Mr. Schmalfeldt by such derogatory and defamatory “nicknames” as “Cabin Boy” or “Oedipal Bill” or anything other than his actual name. This includes the filing of any additional frivolous charges against him. Mr. Schmalfeldt can not preclude you from writing about him, but he considers derogatory nicknames, especially when they are spread by your followers all over the Internet, to be a textbook definition of harassment. Also, as all your previous criminal charges against Mr. Schmalfeldt have been dismissed by the Carroll County, Maryland, State’s Attorney, but you continue to file charges with the expectation that the outcome will somehow be different, Mr. Schmalfeldt considers the continued filing of these charges as harassment and demands that you cease at once.

Failure to abide by this request will be seen as a violation of the above named section, and you can expect Mr. Schmalfeldt to take appropriate steps.

Sincerely,
Matt Osborne

I will have no comment on this until after I have consulted with counsel.

UPDATE—After consulting with counsel, I choose to hold my response until 9 December.

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Of course, even if Osborne’s claims were true, none of the acts complained of in that email were possible triggers for a Maryland peace order.

BTW, 57F Matt Osborne’s (a)osborneink Twitter account is still suspended.

Team Kimberlin Post of the Day

Well, there’s been some movement in both of Brett Kimberlin’s cases in the Seventh Circuit Court of Appeals seeking to overturn some of his Speedway Bombing convictions. A coupe of weeks ago, he filed his brief in the second appeal dealing with hair samples used as evidence in the Speedway Bombing trials and a motion asking the court to order the Department of Justice to state its current opinion one a previous directive related to hair sample evidence. The court has denied that motion.

In his brief Kimberlin again asks for a freebie lawyer—

Because of the importance and complexity of the issues and facts, Appellant strongly requests oral argument and the appoint meant of pro bono counsel. Oral argument by experience counsel would greatly aid the Court in its consideration of the issues, some of which are first impression in this Court.

This week, Kimberlin filed in the first case what he called a “Citation of Additional Authority” about a New York case relating to hair sample evidence.

IANAL, but news clippings don’t strike me as a proper citation to case law.

The first case is fully briefed. The Department of Justice has not filed its reply brief in the second case.

Stay tuned.

Team Kimberlin Post of the Day

This episode of Yours Truly, Johnny Atsign first ran six years ago today.

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Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype phone rings once.

JOHNNY: Johnny Atsign.

RULE 5 GIRL: (Telephone Filter) Good morning, Johnny.

JOHNNY: Hello! How ya’ doin’?

RULE 5 GIRL: (Telephone Filter) I’m OK. Did you follow up on that copyright thing with The Grouch?

JOHNNY: Oh, yeah. Things got interesting.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

Team Kimberlin Post of the Day

This episode of Blogsmoke first ran seven years ago today.

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BlogsmokeSOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICHOCHET

MUSIC: UP AND UNDER—RECORDED—CUT 1

ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!

MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2

ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)

JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.

MUSIC: MAIN TITLE—RECORDED—CUT 3 Continue reading