Team Kimberlin Post of the Day

Some days are better than others, but 26 June, 2013, was a day that didn’t go well for Brett Kimberlin. The post #BrettKimberlin Strike Two dealt with on of the setbacks he faced that day.

I referred to Kimberlin as Lord Voldemort because of the unconstitutional “he-whom-must-not-be-named” gag order that was part of the peace order he had obtained against Aaron Walker.

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The Maryland Court of Special Appeals rules that Brett Kimberlin Lord Voldemort does not have standing to appeal the Circuit Court ruling that Seth Adams was not in contempt of the order the Dark Lord has against Mr. Adams. (H/T, Allergic to Bull)

First Amendment 2, Voldemort 0

Going to court with neither the facts nor the law on your side isn’t working any more, is it?

The time to face the music is coming ever nearer. Justice through blogging. And then the courts.

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Kimberlin is still mired in losing legal cases of his own making.

Everything is proceeding as I have foreseen.

Whatever It Is, It Ain’t News

In 2019, Rachel Maddow stated on her cable show that One America Network was “really literally is paid Russian propaganda.” OAN sued for defamation. The case has been dismissed because the judge found that what Maddow presents is exaggeration, hyperbole, and pure opinion, and no reasonable person would assume that such outlandish accusations are factually true even when she uses the language of certainty and truth. In other words, she’s a political activist with a byline; Maddow does not present news.

Given her ratings, it seems more of the public is beginning to understand that her show isn’t entertainment either.

Team Kimberlin Post of the Day

This episode of Blognet first ran seven years ago today.

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BlognetTitleCardMUSIC: 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 blogger is being sued for writing about another lawsuit and questioning the plaintiff’s motives. His employer is being sued as well. 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.

SOUND: Footsteps on sidewalk. Repeating background PA announcement: “The white zone is for immediate loading and unloading of passengers. No parking please.”

FRIDAY: It was Wednesday, March 6th. It was a smog-free day in LA. I was on temporary duty for Internet Detail. My partner, Liz Smith, was back in Westminster with our boss, Twitter Town Sheriff W. J. J. Hoge. My name’s Friday. It was 11:31 am when I walked out of the baggage claim area at LAX. Continue reading

Does Acme Legal Have a New Client?

The Gentle Reader who has been following this blog for a few years may remember a running gag about the crackpot legal theories advanced by the members of Team Kimberlin being based on advice from the legal department of the same Acme Company that sells widgets to Wile E. Coyote. These tweets suggest Acme may have a new client—

Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.

—John Adams

Jones may be annoyed by people looking into and reporting on her past and current activities, but truthful reporting is not defamatory. Indeed, lawyers have told me that under Maryland law she would bear the burden of proving any allegedly defamatory statement was false.

Speaking of false statements—I can’t find any evidence in the online Maryland Judiciary Case Search of any warrants having been issued in Maryland because of a criminal complaint filed by Jones.

Team Kimberlin Post of the Day

Today is the ninth anniversary of my first post about Brett Kimberlin. It was titled No Thugs Zone.

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Fellow blogger and Maryland resident Stacy McCain has had to move his family out of the state because of threats related to blogging about Brett Kimberlin. He is not the only blogger suffering abuse from Kimberlin.

Mr. Kimberlin was unwise in choosing to pick a fight with the blogosphere. He is likely to find that, while we don’t always agree with one another, we have each other’s backs when the freedom of the Internet is threatened. Mr. Kimberlin and those who have supported him (I’m looking at you, Ms. Streisand [dead link]) have bitten off more than they can chew. The pushback is just beginning.

UPDATE–The McCain family is having a ton of unforeseen expenses because of their sudden move. I just hit his tip jar. Why don’t you?

UPDATE 2–Expect more, a lot more, about this on Friday.

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I’m not through with him yet.

Rebekah Jones and the False Criminal Complaint

Rebekah Jones filed a bogus petition for a peace order against Christina Pushaw. Because she filed her petition outside of normal business hours, she was granted an interim peace order until a judge could evaluate her petition. When she appeared before a judge, she was granted a temporary peace order based on her unchallenged testimony. After Ms. Pushaw was served with a copy of the temporary order, a second hearing was held during which Jones’ testimony was subjected to cross-examination. When her allegations were subjected to the rules of evidence, her petition was denied, and no final order was issued.

Ms. Pushaw was never served with the interim order, but the day after it was issued, Jones filed an Application for Statement of Charges claiming that Ms. Pushaw had violated the order. Her sworn complaint is clearly false because Ms. Pushaw had not been served with the order, but it resulted in a summons being issued to Ms. Pushaw. The online Maryland Judiciary Case Search shows a “trial” date of 7 June. Based on my own experience with this kind of false complaint, if the charge hasn’t been dropped for lack of evidence by that date, there will be a preliminary hearing before a judge to determine if there is probable cause to go forward with the case. Given the lack of service, there should be no finding of probable cause.

An Application for Statement of Charges is signed under penalty of perjury. Perjury is only a misdemeanor in Maryland, but it is punishable by imprisonment for up to 10 years.

Words Have Meaning

And Sarah Hoyt has a post over at According to Hoyt about how collectivist/progressives/liberals have created a style sheet that bends public discourse in their favor.

Look, half of the way you think is bounded in by words. And half of the way other people think too. By using the leftist chosen terms, you’re lending them your unwitting support.

Don’t lose the war of words. Come up with more accurate terms, and think about what you’re saying.

Don’t let the Left frame the terms of the debate. Make them deal with the Real World on its terms. Or if it’s to your advantage, force them to stick with a contradictory position. (Hey, AP, why are you complaining about your Gaza office? Destruction of property isn’t violence again, is it?)

Don’t let the wokie win.

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.

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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.

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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.

Blognet

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.

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“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
NPR
CBS News
The Daily Beast
The Verge
The Washington Post
Gizmodo
Rebekah Jones

Hmmmmm.

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.