Team Kimberlin Post of the Day


During the summer of 2015, Bill Schmalfeldt filed LOLsuit V: The Final in Maryland. After his In Forma Pauperis petition was challenged and other irregularities came to light, he panicked and dropped his case. Three years ago today, I took note of his capitulation in this post titled The Cabin Boy™ Throws in the Towel.

* * * * *

He’s filed this motion to dismiss his LOLsuit against Patrick Grady and others.

UPDATE—IANAL, so this isn’t legal advice, but <em>murum aries attigit</em>.

* * * * *

In his rush to get out from under the problems he was creating for himself, the Cabin Boy™ voluntarily dismissed his LOLsuit with prejudice. Dismissal with prejudice has the effect of granting the defendants a win based on the merits of the case. In other words, the Cabin Boy™ admitted his case was baseless. That should mean, for example, that he admitted Roy Schmalfeldt did not defame him by calling him a rapist.

That’s not exactly the same thing as admitting to being a rapist. IANAL, but it also seems to me that it doesn’t provide grounds for anyone else to call the Cabin Boy™ a rapist. However, it it truthful to report exactly what happened in LOLsuit V. Anyone learning those facts is free to form his own opinion concerning them.

Team Kimberlin Post of the Day


Alinsky’s Rule 5 states that ridicule is man’s most potent weapon, and it it has been an easy one to deploy against Team Kimberlin. This bit of pointage, laughery, and mockification was a Legal LULZ Du Jour posted two years ago today.

* * * * *

LG16_201608160451ZaIs that so?Complaint_43

UPDATE—The obvious syllogism one can derive from the above is—

Schmalfeldt accused Hoge of the crime of stalking.

Hoge has never been convicted of a crime.

Therefore, Schmalfeldt is a moron.

However, the conclusion may be faulty, at least under the original definition of a moron as an adult with a mental age of 8 to 12. Is the Cabin Boy™ that mature?

* * * * *

The Cabin Boy™ got lucky with LOLsuit VII: Degenerations. His court appointed lawyer dismissed the case before any of Schmalfeldt’s sanctionable behavior came to the court’s attention.

Will he always be so lucky?

Team Kimberlin Post of the Day


Four years ago today, I posted the following TKPOD in the aftermath of the Kimberlin v. Walker, et al. LOLsuit. I deals with The Dread Deabeat Pro-Se Kimberlin’s treatment of his wife’s elder daughter during the trial.

* * * * *

I’ve been listening to the courtroom audio recordings as part of my preparation for the next part of my Kimberlin v. Walker, et al. in Review series. Since those recording are used to product the trial transcript, they include the conversations between the judge and counsels at the bench. I could not hear them in the courtroom because a noise source is turned on by the judge to mask the conversations. Thursday evening was the first time that I became aware of the following:

Brett Kimberlin called his older daughter as a witness. He did so at the end of the presentation of his case. He tried to do so as his first witness, but our lawyer objected. During the interchange at the bench, The Dread Pro-Se Kimberlin said that he wanted her to testify to various things which the judge felt were inadmissible because her testimony would be hearsay. TDPK also said he wanted her to testify to the fact that he had not done anything untoward with her. That would have been admissible, but my lawyer agreed that we would stipulate that so there was no reason for her to be called. During the conference at the bench, Judge Johnson remarked,

To put your 15 year old daughter—talk about —talk about harm—to put a 15 year old kid in a courtroom in front of a jury and ask her questions about pedophilia!

Just before he called her, the judge called the counsel up to the bench and tried one more time to dissuade TDPK from calling his daughter.

THE COURT: You know the witness you really need?

KIMBERLIN: Huh?

THE COURT: Is your wife here?

KIMBERLIN: She’s, she’s packing. We’re leaving on vacation tomorrow—

THE COURT: Is she gonna testify? See, that’s —if she were going to testify, that would be one thing, but a 15 year old?

TDPK put her on the stand any way.

* * * * *

It was one of the most callously abusive things I have ever seen done to a child.

Team Kimberlin Post of the Day


During the Summer of 2013, Bill Schmalfeldt apparently thought that he didn’t have enough legal hassles. In addition to his whining about the first of many restraining orders, he was threatening to sue Aaron Walker for accurately quoting him. Five years ago today, I posted this about The Very First Time Schmalfeldt appeared on my radar.

* * * * *

Bill Shmalfeldt likes to say that he is only replying to the lies that other people tell about him. He is just like the schoolyard bully who whines, “No fair! You hit me back.”

Schmalfeldt claims that I started it by lying about him. Gentle Reader, below is the very first post from Hogewash! that deals with Bill Schmalfeldt. It’s from 3 September, 2012, eleven months ago. Read it and make up your own mind about whether or not I unfairly attacked him.

More Lawfare Threats From Team Kimberlin

Some bozo calling himself the Liberal Grouch appears to be a member of Brett Kimberlin’s clown posse, and he’s threatening to sue Aaron Walker for defamation. He believes that Mr. Walker defamed him because he was accurately quoted in postings tweeted by Mr. Walker.

You can find the details of the exchange in question here, including tweets/posts that the Liberal Grouch deleted (perhaps in an attempt to erase evidence?).

Team Kimberlin is saying that they will start a “legal defense fund” for the Liberal Grouch if he sues Mr. Walker. They have the right idea because he will need a defense fund when the counterclaims come back from Aaron Walker.

Oh, and if Bill Schmalfeldt (if that’s his real name) is stupid enough to sue Aaron Walker, I’ll be first in line to make a substantial contribution to the Blogger Defense Team to help defray Mr. Walker’s legal expenses.

UPDATE—@LiberalGrouch tweets that I should read his side of the story. [CAUTION: That link goes to an abandoned Cabin Boy™ web domain which has been repurposed. “Viewer Discretion Advised.”] I have. My comments above stand.

* * *

If Bill Schmalfeldt wishes to stand down and abide by the terms of the peace order, I will have no personal motivation for continuing to waste pixels on him. If he gets out of the business of attacking my friends, I will have no reason to come to their aid against him. If he gets out of the business of supporting Team Kimberlin, I will have no reason to mention him in connection with my writing about them.

The choice is his.

* * * * *

He chose … poorly.

Team Kimberlin Post of the Day


One of the continuing whiney themes in The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits is that the defendants mock him. Well, yes, we do. Here’s an example of some pointage, mockery, and laughification directed at him and his RICO Retread LOLsuit. It was first posted at the TKPOTD three years ago today.

* * * * *

This is from paragraph 46 of The Dread Pro-Se Kimberlin’s opposition to the motions to dismiss filed in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.Opp2MTD_46That’s not completely truthful. Yes, I do taunt TDPK. Yes, I mock his lawfare, including the RICO Retread LOLsuit, every day. But, no, I’ve never asserted that I’m going to get TDPK imprisoned. That’s not my call. If it happens, it will be the work of a judge and/or jury or the Parole Commission.

Proverbs 28:1.

* * * * *

Team Kimberlin Post of the Day


As was mentioned on The Other Podcast yesterday evening, today is the fourth anniversary of the conclusion of the first of The Dread Deadbeat Pro-Se Kimberlin’s LOLsuit against me, the Kimberlin v. Walker, et al. LOLsuit. Here’s the post from four years ago today the announced Game Over!

* * * * *

We win, and Brett Kimberlin loses!

UPDATE—We did not put on a defense. Judge Johnson ruled that The Dread Pro-Se Kimberlin did not present evidence of the torts he was alleging, and he ruled in our favor as a matter of law after TDPK rested his case.

UPDATE 2—I’d like to offer my thanks to all of you folks who have offered your prayers and encouragement. I’d like to thank Patrick Ostronic, who provided Aaron, Stacy, and me with a pro bono defense. Thanks are also due to Ken White for putting up the Popehat signal on our behalf and to Glenn Reynolds for the Instalanche of Ken’s post that alerted Patrick to our plight.

UPDATE 3—Instalanche! Thanks again, Prof. Reynolds, and welcome, Instapundit readers. BTW, the Blogfather is correct in his estimation that one of Brett Kimberlin’s biggest mistakes was trying to outcrazy Stacy McCain.

UPDATE 4—Mrs. Hoge and I have just returned home from a celebratory dinner with Mr. and Mrs. Walker. Aaron will be home later tonight. I suspect that he will have a blog post reviewing the Kimberlin v. Walker, et al. nuisance lawsuit up later tonight or tomorrow.

UPDATE 5—Night Shift Politics [dead link] points out that stupid is as stupid does.

UPDATE 6—Popehat comments here.

* * * * *

TDPK tried three other LOLsuits, a peace order, and two sets of false criminal charges against me. Everything proceeded as I had foreseen, i.e., everything he has tried has failed.

Team Kimberlin Post of the Day


11 August, 2014, was the opening day of the Kimberlin v. Walker, et al. trial. That case was the only of all the Team Kimberlin LOLsuits to go to trial. All the others were killed off by motions to dismiss or motions for summary judgment. In reviewing the posts from that day, I found two I want recycle. The first is a Yours Truly, Johnny Atsign episode that actually dealt with a The Dread Deadbeat Pro-Se Kimberlin’s RICO Madness LOLsuit.

* * * * *

ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

CALLER: (Telephone Filter) Mr. Atsign, my name is Steve. I’m a fan of your show.

JOHNNY: Hello, Steve. What can I do you?

CALLER: (Telephone Filter) Well, you could check for a DM from me in your Twitter account.

JOHNNY: Oh?

CALLER: (Telephone Filter) Yes. I believe you’ll find the link it contains intriguing.

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.

JOHNNY: The following is partial extract of the tweets sent and received during my investigation of Short-Fused Dud Matter.

JOHNNY TWEETS: (SYNTH VOICE) Hey, @Stevethefan, thanks. That does seem intriguing.

JOHNNY: An anti-First-Amendment activist called The Bomber had filed suit against a small group of bloggers in a Maryland state court. He claimed that they had conspired to stalk, harass, and defame him by writing truth things about his past and present activities. When that didn’t sufficiently intimidate them, The Bomber sued them along with almost 20 other bloggers and media organizations in a federal court, this time claiming that the larger group was a racketeering enterprise set up to harass and defame him.

Some of the bloggers he sued are anonymous. The Bomber didn’t know who he was really suing, and, therefore, he didn’t know who to serve with the various court papers.

He’s tried various methods of identifying those bloggers. In the case of the blogger known as Top Gun, he has been singularly unsuccessful. But that’s not from lack of trying.

SOUND: Typing on keyboard. Mouse clicks.

JOHNNY: My caller’s DM contained a link to the case number of The Bomber’s federal RICO suit, but with a twist. The suit had been filed in the District of Maryland, but the link led to the Eastern District of Virginia. Sure enough, the case was docketed there too.

SOUND: Typing on keyboard. Mouse clicks.

JOHNNY: Well, well, well … It seems that he’s gone fishing in a new pond. This is worth sharing.

SOUND: Telephone handset picked up. Number dialed. Phone ringing (Caller’s POV).

PRO BONO: (Telephone Filter) Pro Bono.

JOHNNY: Johnny Atsign here, Counsellor. I’ve got something to show you online. Can you login to PACER?

PRO BONO: (Telephone Filter) Actually, I’m logged in now. What’s up?

JOHNNY: I know you’re only handling the state case, but you want to take a look at The Bomber’s RICO suit.

PRO BONO: (Telephone Filter) I do that from time to time. Has he filed something new?

JOHNNY: Yeah, but you need to look in the Eastern District of Virginia for it?

PRO BONO: (Telephone Filter) Really? Let’s see … Yeah, there is something there … Uh, huh … He’s filed subpoena request to try to get information about Top Gun. That’s interesting, but Top Gun isn’t one of my clients.

JOHNNY: I know, but look at attachment 2.

PRO BONO: (Telephone Filter) Wow! I don’t believe that.

JOHNNY: Yeah. He’s screwed up big time. That receipt for the filing fee shows that it was paid by a check drawn on the account of the not-for-profit he works for.

ANNOUNCER: Here in Westminster, we’re having those pleasant summer evenings when it’s nice to sit on the porch and sip a cold drink while listening to crickets and watching the lightning bugs. I’ve been sipping mine from a Res Judicata travel mug. It’s just one of the goodies exclusively available for you to spend your hard-earned cash on at The Hogewash Store. Stop by today, and spend some cash to support Team Lickspittle. You can also show your support by hitting the Tip Jar or buy doing your Amazon shopping via the link on the Home page.

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

PRO BONO: (Telephone Filter) Hey, Johnny, we finally got discovery from The Bomber.

JOHNNY: How incomplete is it?

PRO BONO: (Telephone Filter) It’s pretty spotty. He really doesn’t seem to understand the rules of evidence and what it takes to prove something in court. But I called you to let you know that he did give us an answer to that document request you suggested.

JOHNNY: Evasive, huh.

PRO BONO: (Telephone Filter) Uh, huh. The same sort of off-topic answer he gives when he’s pinned down in court. We asked him to provide copies of any payment records from his not-for-profits that covered any expenses in any lawsuit against one of my clients. He responded that there was no such payment in the state suit.

JOHNNY: Technically true—the payment was in the federal case—but still a lie by half-truth.

JOHNNY TWEETS: (SYNTH VOICE) @TheBomber, quid est veritas?

MUSIC: Theme up and under

ANNOUNCER: Now, here’s our star to tell you about next week’s intriguing episode of our story.

JOHNNY: Next week? Who knows? We may be at the denouement. Join us, won’t you?

Yours Truly, Johnny Atsign!

MUSIC: Swell theme and under

ANNOUNCER: Yours Truly, Johnny Atsign, starring W. J. J. Hoge, is transcribed in Westminster. Be sure to join us next Monday, same time and URL, for the next exciting episode of Yours Truly, Johnny Atsign.

MUSIC: Theme up to music out.

ANNOUNCER: Johnny Atsign is a work of fiction. If anyone thinks it’s about him, he should read Proverbs 28:1.

Be sure to tune in every Friday at 6 pm Eastern Time for a episode of Blognet or Blogsmoke on alternating weeks. This is LBS, the Lickspittle Broadcasting System.

* * * * *

The second post deals with a comment I received here at Hogewash! after I got home from the courthouse. The comment contained some rather Unfriendly Advice.

* * * * *

TK201408120026ZDon’t worry.

RANGE_PHOTO

* * * * *

Of course, it was an empty threat. I’d have to wait until the next day for my day to be made, non-violently.