Team Kimberlin Post of the Day


Yesterday’s TKPOTD looked back five years at The Dreadful Pro-Se Schmalfeldt’s appeal of the extension of the first peace order issued against him. Today, we look back the following day’s TKPOTD.

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It seems that the Cabin Boy™ is still getting his legal advice from Acme.@PatO201404292348ZWhere to begin? I guess I’ll just take it from the top.

1. Schmalfeldt did not file an “appeal brief;” all he filed was a Civil Appeal Information Report for the Court of Special Appeals. According to Md. Rule 3-803, one key item is missing from his petition. Since he’s pro se, the Court of Appeals may overlook the omission, but even if they do, he has raised no new legal arguments. Since he has given them no new reason to hear his appeal, I expect that they will deny his petition on the same grounds as they did last time.

2. Res judicata applies to the original peace order. That case is closed and not subject to relitigation. That matter is settled.

3. Schmalfeldt v. Hoge is on the Court’s Petition Docket. This only means is that the Clerk has received it and assigned it a tracking number. It does not mean that the judges have accepted the case for an appeal. If they do, it will be moved to the Regular Docket, and the case will proceed as the Court directs. In the unlikely event that the appeal is allowed, the next step is usually a round of briefing from the petitioner and respondent. We’ll see if it gets that far.

Stay tuned.

UPDATE—I’m told that the Cabin Boy™ is blabbering on teh Twitterz about how wrong I am.

Uh, huh

Like they say in the financial prospectuses, “past performance is not an indicator of future returns,” but it’s a safe way to bet. So consider how accurate Schmalfeldt’s predictions from 2013 of my crushing defeat in the appeal to the Circuit Court, my being clapped in irons (I found that one particularly amusing), or his quick victory in the Court of Appeals. You can believe Acme, or you can believe what real lawyers tell me. Either way, your belief will have no effect on what the Court does.

So chill.

And stay tuned.

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Speaking of res judicata, The Hogewash Store has lots of mugs, t-shirts, and other tchotchkes available with the Res Judicata logo. There’s also junk branded Murum Aries Attigit, and Johnny Atsign. If you stop by, spend some money, and support this blog, I’ll be thankful.

Team Kimberlin Post of the Day


Truth is stranger than fiction, but even fiction like Yours Truly, Johnny Atsign can get pretty strange. This episode first ran five years ago today.

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

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

AARON: (Telephone Filter) Johnny? Have you got them all?

JOHNNY: I sure do.

AARON: (Telephone Filter) When can you bring them by?

JOHNNY: Meet me at the law office. Make it around 3.

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! Continue reading

Voting Rights for the Marathon Bomber


Bernie Sanders and Kamala Harris have come out in favor of allowing Dzhokhar Tsarnaev to vote from prison. Jim Geraghty notes over at NRO that position might be a tough sell in some parts of the country.

One of the underappreciated aspects of the 2020 primary is how many contenders have spent their lives in very liberal communities and states and have never had to calibrate their stances and rhetoric to appeal to voters in a place like Ohio, or Florida, or Pennsylvania. Kamala Harris had to appeal to voters in San Francisco and then California as a whole; Bernie Sanders had to appeal to voters in Burlington and Vermont. I suspect “restore the Boston Marathon bomber’s voting rights” would not be a popular rallying cry in much of the country.

Harris has hedged her proposal during followup questioning, saying that we needed to have a conversation on the subject. She added, “There has to be serious consequences for the most extreme types of crimes.”

Given Harris’ views on gun control, she may want to rethink her position. After all, when Tsarnaev was on the run, he was armed with a handgun, he was under 21, and he too young to be eligible for a gun license in Massachusetts. Carrying a gun without a license a serious crime in Massachusetts which would have required a one-year mandatory minimum sentence if he’d been tried by the state rather than the feds.

Team Kimberlin Post of the Day


I’ve noted that Team Kimberlin’s incompetence at spinning their false narratives, particularly some of their poorly forged bits of “evidence,” has been the source of various Lickspittle Broadcasting System programs. This episode of Blognet ran two years ago today.

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MUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A cyberstalker is accusing bloggers of stalking him and has claimed that one of the bloggers has engaged in vandalism. Your job … get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out. Continue reading

And in Montgomery County, Maryland …


The Hill reports that a couple of thugs assaulted a citizen who is a legal immigrant, apparently because he was wearing a MAGA hat. The attack occurred in Montgomery County, Maryland, which is a “sanctuary” county. The victim Astu Nable came from Togo in 2007. He has become a citizen and is a staunch supporter of President Trump.

“I like everything that he does. Like, I came here legally,” Nable said. “Why can’t all people come here legally then? I went through the right process, the proper channels and I’m here, so why can’t they do the same thing?”

Forget it Jake Astu. It’s Chinatown MoCo.

I’m Old Enough to Remember When …


… Democrats thought that government spying on political campaigns was a bad idea. Attorney General Barr is about my age, and he seems to have similar memories of the ’60s and ’70s. K. S. Bruce has a post at InsideHook about Barr’s answer to a senator’s question about why he thought he should investigate such spying.

“The generation I grew up in, which is the Vietnam War period, people were all concerned about spying on anti-war people and so forth by the government, and there were a lot of rules in place to make sure that there’s an adequate basis before our law enforcement agencies get involved in political surveillance.”

I remember COINTELPRO and Watergate.

The Vietnam War generation — the Woodstock generation — having seen J. Edgar Hoover and an out of control CIA, would have concerns over a J. Edgar Comey, a J. Edgar McCabe, a J. Edgar Brennan, a J. Edgar Strozk, if they carelessly or with bias began improper surveillance on election campaign teams of ANY party or cause.

J. Edgar Mueller?

We’ve Got a Little List


Roger Kimball has a piece over at American Greatness about the criminal referrals being made by Congressman Nunes to the Department of Justice. There are eight referrals which may involve upwards of twenty persons. Five are for specific crimes such as lying to Congress or leaking classified information. Three are more open-ended: Conspiracy to lie to the FISA court, manipulation of intelligence for partisan political ends, and what Nunes calls “global leaks” of highly sensitive information (such as the contents of telephone calls between President Trump and foreign leaders). Who had access to such information?
Who used it illegally?

But who do you think makes the list? Were I a modern-day Koko, my little list would include former CIA Director John Brennan, an implacable enemy of the president and a good candidate for the title of fons et origo of the Trump-Russia investigation.

It would include the FBI’s Peter Strzok, Andrew McCabe, and former Director of National Intelligence James Clapper, former acting attorney general Sally Yates, Bruce Ohr and his wife Nellie who (unbelievably) actually worked for Fusion GPS.

That other James, the oleaginous James Comey, former Director of the FBI, would certainly be on the list, as would several people in the Obama Administration: the aforementioned Susan Rice, for example, and former U.N. Ambassador Samantha Power, who, like Rice, did a lot of unmasking in her final months in office.

There are others—quite a few others, in fact, as anyone who has been keeping up with the reporting on this unfolding scandal knows well.

Read the whole thing.

Sticking with allusions to The Mikado, let’s hope that Attorney General Barr channels the title character.

My object all sublime
I shall achieve in time—
To let the punishment fit the crime,
The punishment fit the crime …

Stay tuned.