Team Kimberlin Post of the Day

During 2016, a great percentage of the LOLsuit Brett Kimberlin had filed were in the process of being dismissed by a lower court of having an appeal denied. The TKPOTD from five years ago today dealt with Kimberlin’s certiorari petition to the Maryland Court of Appeals in the Kimberlin v. Walker nuisance suit.

* * * * *

5 May, 16 May, 23 May, 28 May, 6 June, 13 June.

Tick, tock.

Oh, I almost forgot. The Dread Pro-Se Kimberlin has filed this petition for writ of certiorari with the Maryland Court of Appeals.

I’m leaving comments open, but don’t educate the midget by correcting his errors of law. OTOH, feel free to point out the … lawyers call them misstatements of fact … we engineers call them lies … the lies you find.

* * * * *

The petition was denied, and Kimberlin had the good sense not to attempt to appeal the the Supreme Court.

Watching the Dust Settle

Last Friday, Rebekah Jones saw her bogus peace order petition against Christina Pushaw go down in flames for lack of evidence. As of noon today, the false criminal complaint against Ms. Pushaw for violating the interim peace order had not yet been dropped. It could take a few days for the Montgomery County State’s Attorney’s Office to nolle prosse the case. I’ve got Wednesday afternoon on the calendar in the break area, and there are still some squares left in the pool.

Of course, Jones has the right to appeal the denial to the Circuit Court. If she does, there will be a trial de novo. She says she intends to have a lawyer and two tech experts with her for the appeal. As I’ve noted before, if Jones has legal counsel, it would be wise for her to review her online tweets and posts since the beginning of April with her lawyer to determine which she should take down and apologize for.

The ram hasn’t touched the wall. Yet.

One of Us is Wrong

Rebekah Jones tweeted this at 12:29 ET yesterday afternoon—Note: The system clock on my computer is set to Coordinated Universal Time which is 4 hours ahead of Eastern Time.

At 3:53 ET, I tweeted—Jones responded by blocking me on Twitter. Of course, that doesn’t prevent me from viewing her account by simply logging out of my Twitter account and revisiting the site. As of the last time I checked, her 12:29 pm tweet was still posted, and it didn’t appear that she had posted any subsequent correction.

Jones has also tweeted that she plans to appeal the denial of the peace order petition, mentioning that she intends to bring a lawyer and two tech experts to the appeal. It would be wise for her to review the posts and tweets she has made since 7 April with her lawyer and get advice about which of them to take down and offer apologies for.

The ram hasn’t touched the wall. Yet.


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 public figure awaiting trial for cyberharassment and hacking has accused a writer of stalking and harassing her via an article posted on the Internet. 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

Team Kimberlin Post of the Day

Seven years ago, Karoli Kuns had a long piece up at Crooks and Liars that spun a false tale about how I was using Maryland’s peace order statue to harass and oppress Bill Schmalfeldt. Of course, her story was utter nonsense, an inversion of what Brett Kimberlin had done to Aaron Walker and would later try to do to me. I responded to her and to Matt Osborne (who made the mistake of trying to pile on too) with a post titled On Justice.

* * * * *

“No fair!”

Every one of us has said it beginning from the time we were small children. Human beings seem to be wired with a predisposition to fairness. Indeed, evolutionary psychologists like Jonathan Haidt believe that the moral sense of fairness is a universal human trait. Outrage is a normal, heathy response to unfair treatment. We want the world to be set to rights. We want justice in what seems to be an unjust world.

As a Christian, I believe that the source of justice is God. It says in Genesis that we were created in His image, so it makes sense to me that more we allow ourselves to be led by the Holy Spirit to be what God intends for us to be, the more we would desire justice. Sometimes Christians are called to deal with the grander problems of the world—think of William Wilberforce, Desmond Tutu, Dietrich Bonhoeffer, and Martin Luther King, Jr.—but, most of the the time, most of us deal with the seemingly smaller injustices of the world. Sometimes a Christian is called to stand up to a bully.

Bill Schmalfeldt is a such a bully. For years, he has harassed others on the Internet, and no one was able to bring him to justice. That task seems to have fallen to me.

Schmalfeldt’s surprised reaction has been to whine, “No fair! You hit me back.” However, even that’s not strictly true. I haven’t taken personal revenge on him. I’ve reported him to the proper authorities and left any action taken to them.

The real question I face is not what Jesus thinks of my allegedly sadistic treatment of Bill Schmalfeldt. That question is based in the false premise that I am the sadist in the interactions between us. No, the real question is what Jesus would think of my failure to stand up a thug like Schmalffeldt who is bullying others.

Has my response to Schmalfeldt been perfect? Probably not. But my conscience is clear. It would not be if I had failed to step in between him and some of his victims.

* * * * *

Karoli still has me blocked on Twitter.

Yours Truly, Johnny Atsign

ANNOUNCER: From Westminster, it’s time for —

SOUND: Skype rings once. Receiver picked up.

JOHNNY: Johnny Atsign.

C.P: (Telephone Filter) Mr. Atsign, my name is Carole Puller. I believe you may be able to help me.

JOHNNY: How so, Ms. Puller?

C.P.: (Telephone Filter) The subject of an article I published online is trying to get a peace order against me. She’s claiming that I’m harassing her by truthfully reporting on her criminal record.

JOHNNY: You don’t live in Montgomery County, do you?

C.P.: (Telephone Filter) No, I don’t, but she does.

JOHNNY: Tell me more.

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

Another Tall Tale?

Rebekah Jones tweeted this yesterday—I doubt that Christina Pushaw has tweeted 254 times about Jones since the interim peace order was issued on 7 April.

Furthermore, I doubt that the Montgomery County Police have dedicated the necessary resources to tracking all of the various Twitter accounts that Jones claims to be operated by Ms. Pushaw. Based on my experience as both a complainant and a defendant in Maryland peace order cases, it seems more likely that Jones has complained to the police about 254 tweets she imagines originated from Ms. Pushaw than than the police reported that number to her.

I have received a CD of the courtroom audio from the temporary peace order hearing. During the hearing, the judge told Jones that she could file an additional complaint if she had evidence of further violations. After the hearing, she left the building without stopping by the Commissioner’s Office to file. There are no additional cases shown in the Maryland Judiciary Case Search. The existing criminal case is for violation of the interim order. If the police have evidence of a violation temporary order, they should have filed a second case.

Even if someone were writing about Jones with respect to her Florida or Maryland legal cases, the Maryland harassment statute specifically exempts “a peaceable activity intended to express a political view or provide information to others.” Jones has raised questions about how politics may be affecting public health. She’s triggered a robust discussion of her claims and her qualifications to make them. Jones may not find it flattering, but it isn’t harassment to publish documented reporting about her and her previous activities.

In 2012, a District Court Judge in Montgomery County granted a peace order with an unconstitutional gag order attached based on a similar complaint. The order was overturned on appeal, and the judge was reprimanded by the Maryland Commission of Judicial Disabilities. In 2015, I was the respondent in a similar case. The District Court dismissed that petition, and the Circuit Court upheld the dismissal on appeal. The related criminal complaint was dismissed for lack of evidence.

During my cases, my Twitter accounts were suspended. This isn’t the place to go through all the details, but I seem to be back on Twitter, and Twitter has been more careful about such cases ever since. That may be why they haven’t suspended any accounts yet.

Another False Report

Rebekah Jones appears to have difficulty reporting facts accurately. She posted this about Christina Pushaw on her Substack account on 22 March— Here are some of the “alt-right” sources Ms. Pushaw links to in her Human Events article—

Becker’s Hospital Review
CBS News
The Daily Beast
The Verge
The Washington Post
Rebekah Jones


A False Report

On 9 April, Rebekah Jones wrote this about Christina Pushaw on her Substack account—No Maryland court has ever found that Ms. Pushaw stalked or harassed Jones. Here’s what has really happened thus far—

Jones went to a District Court Commissioner after normal business hours and filed a petition for a peace order. The Commissioner screened the petition to determine if it should be forwarded to a judge for further evaluation. Because a judge wasn’t available, the Commissioner issued an interim order. That was not a finding that stalking or harassment had occurred; it was a determination that if what Jones claimed were true, she might be entitled to a peace order. Two days later, a judge heard Jones’ claims during an ex parte hearing (one where only one party is present). The judge found that if what Jones claimed were true, she might be entitled to a peace order, so he issued a temporary order to be in place until a hearing could be held during which Jones would be required to actually prove her claims. That hearing hasn’t occurred, and it won’t happen until after Ms. Pushaw has been served with a copy of the petition. No final order has been issued. There has been no finding of harassment or stalking. Jones’ statement is false.

Also, Ms. Pushaw is not a “wanted criminal.” A few hours after the interim order was issued, Jones filed a complaint that Ms. Pushaw had violated that order. Based on a determination that if what Jones claimed were true probable cause might exist that a crime had been committed, a District Court Commissioner issued a summons to Ms. Pushaw to appear before a judge. A summons isn’t an arrest warrant.

IANAL, but every lawyer with whom I’ve discussed this case has told me that because Ms. Pushaw had not been severed with a copy of the interim order, the summons should not have been issued. Based on my experience as a victim of a couple of false criminal charges in Montgomery County, I suspect that the State’s Attorney’s Office will drop the case for lack of evidence before the hearing scheduled on 10 May.

Perhaps, Jones is confused by Maryland’s legal procedures. After all, they’re not exactly the same as Florida’s where the stalking case against her is pending.

The Gentle Reader may form his own opinion.

Jones v. Pushaw

There is a final peace order hearing in the Jones v. Pushaw case on the docket of the District Court for Montgomery County scheduled for 9 am this morning. I will report the result as soon as I can after the hearing concludes.

UPDATE—I attended the hearing. The case was continued until 30 April because Ms. Pushaw has not been served.

More later.

UPDATE 2—i’m reviewing my notes I took during the hearing. I believe that some of the things that Jones’ said were not accurate, but I have ordered a CD of the hearing audio to confirm my recollections.

UPDATE 3—At the conclusion of the hearing, I left the courthouse immediately. I wanted to avoid any interaction with Jones, and I knew she would have to stay in the courtroom for a while in order to receive a copy of the case paperwork. I had turned off my phone in the courtroom, so I stopped on the sidewalk outside the courthouse to turn it on and make a couple of calls. As Jones left the building, turned to me and asked, “Do I know you?”

I replied, “No.”

She said, “You left at the end of my case. Were you there for me?”

I replied, “Yes.”

She said, “Thank you,” and walked away.

Rebekah Jones, Journalist?

In late June, 2019, a petition was filed for a stalking injunction against Rebekah Jones. A few days later, she filed an emergency motion to dissolve the temporary injunction that had been issued. I found this in her motion—So Jones has claimed her First Amendment right to speak about an issue she believed to be of public interest should protect her from a stalking claim.

Gentle Reader, do believe that is consistent with the position she is taking in her lawfare attacking Christina Pushaw’s First Amendment free speech and free press rights?

Rebekah Jones Case Docket 2020 and 2021

In December of 2020, Agents of the Florida Department of Law Enforcement and female officer from the Tallahassee Police Department executed a search warrant at the Rebekah Jones’ residence as part of an investigation into an unauthorized access to a state computer system. A few days later, Jones filed a lawsuit against the Florida DLE and individuals connect with the execution of the warrant alleging discrimination and battery. (2020 CA 002349) The defendants removed the case to the U. S. District Court of the Northern District of Florida in January, 2021, and the case was dismissed in February (4:21-CV-00054-AW-MAF).

That investigation led to Jones being charged Unauthorized Access to a Computer System (2021 CF 000123). Here is a copy of the complaint and warrant. Jones’ Social Security Number has been redacted by the court. I have further redacted such information as her residence addresses and phone number.

Jones is now on pretrial release for the misdemeanor charge discussed yesterday and the felony cyber intrusion charge.

It’s Everybody Blog About Rebekah Jones Day today.

Stay tuned.

Everybody Blog About Rebekah Jones Day

Stacy McCain has suggested that today should be Everybody Blog About Rebekah Jones Day in order call attention the frivolous peace order petition filed by Jones against Christina Pushaw. Jones is trying to use the Maryland peace order law to punish Ms. Pushaw for truth reporting about Jones and her past and current activities. Jones has also filed a patently false criminal complaint against Ms. Pushaw accusing her violating the interim peace order which was issued.

Hogewash! is participating in EBARJ Day. There will be multiple related posts.

Stay tuned.

A Bit More About Rebekah Jones

I found this on her Twitter account this morning—Where to begin? I suppose I’ll just take it from the top.

<fisking>I don’t believe that Jones could find any libelous or defamatory statement about her at Hogewash! because both require an allegedly offending statement be false. I believe everything I have posted about her is true. If I have made a provable error, it is my policy to post a correction. I’ve done so in the past, and Jones may use the procedure found in The Fine Print to apply for a correction.

As for stalking or harassment, nothing posted at Hogewash! comes close to either. Additionally, past attempts to comment here in order to engage in stalking or harassment have been reported to law enforcement. Any attempts to stalk or harass Jones would be as well. As noted in The Fine Print, comments are the property of the persons making them, and the persons making them are solely responsible for their comments.

Stacy McCain’s Everybody Blog About Rebekah Jones Day won’t be a harass-a-thon. Participants will be engaging in a “peaceable activity intended to express a political view or provide information to others.” Such activity is protected in multiple ways by Maryland and federal statute and case law, including MD Criminal Law § 3-803(b).

Yes, there are people who read this blog who believe they themselves are dangerous. Some of them live (or have lived) in Montgomery County. I’ve dealt with them before. That bunch of crazies would be ill advised to … nah, surely they’ve learned their lesson.

I doubt that Ms. Pushaw will ever go to trial on the patently defective charge of Failure to Comply with a Peace Order. My independent investigation of the facts and the legal advice I’ve received based on those facts lead me to conclude that the Montgomery State’s Attorney’s Office will drop the charge because Ms. Pushaw has an airtight defense. That’s what they did when I was falsely charged with cyberstalking.</fisking>

Stay tuned.

Rebekah Jones, Civil Docket 2019

I mentioned in yesterday’s installment about Rebekah Jones’ trail of court cases that it might take more than one day to deal with the record for 2019. I’ve decided to look at the civil cases today. We’ll move on the the criminal cases tomorrow.

Yesterday’s post mentioned that Jones had been in an inappropriate relationship with an undergraduate student (Garrett Sweeterman) while she was an employee of and a PhD student at FSU. In May, 2019, she filed a paternity claim (2019 DR 001427) against Mr. Sweeterman which wound up being dismissed after a hearing in July. She also created a website to which she posted sexually explicit revenge porn about Sweeterman. In June. Sweeterman petitioned for a stalking injunction against Jones, and it was granted (2019 DR 001849).

Four days after the stalking injunction was granted, Jones filed a pro se lawsuit against Sweeterman (2019 CA 001553). Her complaint alleged emotional distress and defamation. The case was dismissed.

One of the exhibits Jones attached to her lawsuit was a copy of the 342-page “manifesto” she had published about Sweeterman. I found this on page 227.It would seem that she’s following that plan here in Maryland. She may be in for a surprise.

We’ll look at Jones’ criminal rap sheet for 2019 tomorrow.

Stay tuned.

UPDATE—Remember that Stacy McCain has declared Thursday to be Everybody Blog About Rebekah Jones Day.

Rebekah Jones, 2017 and 2018

Yesterday, we began a slog through Rebekah Jones’ civil and criminal court records. Today, we’ll move from Louisiana cases to Florida court records.

After Jones was fired from LSU, she entered a PhD program in geography at Florida State University. She also was a university employee. She was fired after a Title IX investigation found her responsible for having an inappropriate relationship with an undergraduate student (Garrett Sweeterman) and for stalking and harassing him after he ended the relationship. [Gentle Reader, think about it: a Title IX investigation that came out in favor of the male. How rare is that?] Shortly after she was fired, she was suspended from the doctoral program. She was subsequently banned from the FSU campus.

The records in Leon County, Florida, show that on 16 October, 2017, Jones was charged with Criminal Mischief because of damage she did to Mr. Sweeterman’s car (Case ID: 2017 MM 003464 A001). Four days later, a temporary restraining order was issued against Jones protecting Sweeterman from stalking (2017 DR 003492). A week later, Jones attempted to retaliate against Sweeterman by seeking an “dating violence” injunction, but her petition was dismissed (2017 DR 003573).

On 2 March, 2018, Jones was arrested for violating a domestic violence injunction protecting Sweeterman which required her not to be within 500 ft of FSU or his residence or place of employment and to take her medications as required. Two weeks later, she filed another petition for another “dating violence” injunction (2018 DR 000736) which was denied. The case file for her 2 March arrest (2018 CF 000798 A) shows three charges: Violation of a Domestic Violence Injunction, Trespassing, and Robbery by Sudden Snatching. The case was eventually dropped.

Jones got busier during 2019. It may take a couple of days to work through all the cases.

Meanwhile, my podcasting partner Stacy McCain is writing about Rebekah Jones too, and he’s proposing that Thursday should be Everybody Blog About Rebekah Jones Day. I endorse the idea and plan to participate.

Stay tuned.

Some More Background Information on Rebekah Jones

I’ve been writing about Rebekah Jones for the past few days. I was aware of her because of the faux controversy she stirred up over her firing from the Florida Department of Health. IIRC, she was fired for insubordination because she refused to stop making statements outside of her area of expertise. Jones is a geographer, not a heath professional. That controversy is generally outside of this blog’s area of expertise, so I’d left that story to other venues.

Last week, Jones filed a Maryland peace order petition for the purpose of suppressing Christina Pushaw’s free speech and free press rights to write about Jones. Now, that’s something that is clearly within the historical purview of this blog. Over the next several days, and it will take quite a few, I will be laying out Jones’ history of civil litigation and criminal charges.

The earliest information I’ve found is from 2016 when Jones was fired from Louisiana State University. Records from East Baton Rouge Parish show a Case Number 08-16-0601. Jones had been banned from campus and wound up being charged with a misdemeanor offense of Entry/Remain After Forbidden. She was also charged with two counts of Battery of a Police Officer and one count of Resisting a Police Officer. The disposition of the case indicates that she agreed to a pre-trial intervention program.

In 2017, Jones moved to Florida and entered a PhD. program at Florida State University. We’ll examine her history of restraining orders, posting revenge porn, a failed pro se defamation suit, and more this week.

Stay tuned.

A Supreme Bench Slap

The Supreme Court has struck down California’s covid regulations limiting home Bible studies and prayer meetings. The per curium opinion closes with these words—

This is the fifth time the Court has summarily rejected the Ninth Circuit’s analysis of California’s COVID restrictions on religious exercise. … And historically, strict scrutiny requires the State to further “interests of the highest order” by means “narrowly tailored in pursuit of those interests.” Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U. S. 520, 546 (1993) (internal quotation marks omitted). That standard “is not watered down”; it “really means what it says.”

The decision was 5-4, with Roberts in the minority.