Team Kimberlin Post of the Day


Bill Schmalfeldt has clearly been the junior partner when it comes to Team Kimberlin’s LOLsuits. None of The Dreadful Pro-Se Schmalfeldt’s LOLsuits have survived a motion to dismiss. Although all were dismissed for other reasons, he never stated a claim upon which the court could grant him relief. Indeed, hs complaints were often so self-contradictory, they were “not entitled to a presumption of truth,” a line that appears multiple times in the motion to dismiss included in the TKPOTD from five years ago today.

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Yesterday afternoon, I mailed my motion to dismiss The Dreadful Pro-Se Schmalfeldt’s latest nuisance LOLsuit to the Circuit Court for Howard County. I also served a copy on the Cabin Boy™ by mail.

Almost everything the Cabin Boy™ says has an expiration date, but, if he he really wants to drop this LOLsuit, all he has to do is nothing. If he doesn’t file an opposition to my motion, the court will grant it as unopposed, and the suit will be dismissed. Of course, his mind is quite changeable, so he may want to go forward with the suit. If it survives the motion to dismiss, I guarantee that discovery will be … ummm … interesting. Yep, that’s the right word. Interesting.

The motion speaks for itself, so I do not intend to make any further substantive comments until after the court has ruled on it.

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The phrase battle of wits with an unarmed man comes to mind.

Team Kimberlin Post of the Day


The Team Kimberlin PR campaigns have failed for the same reason as their lawfare—incompetence. This Bonus Prevarication Du Jour from six years ago today is an example of Bill Schmalfeldt’s inability to get enough of the facts straight in order to be a be able to twist them to his side’s PR advantage.

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ftrrnews201310150109ZSo Bill Schmalfeldt wants you to believe that I’m trying to cut a separate deal with Brett Kimberlin from the other defendant’s in the Kimberlin v. Walker, et al. lawsuit because my lawyer filed my answer to Kimberlin’s complaint on the day before the last day for me to file to avoid a default judgment. Does he think that I should have waited and filed jointly with my codefendants? The other defendants are all from outside Maryland, and only one has been served. Aaron Walker’s answer is due 30 days after mine. The other three defendant’s will have to answer within 60 days of being served—if they ever are served.

My offer to settle was taken off the table when my lawyer had to file that answer. In fact, that answer has exactly the opposite meaning from what the Cabin Boy ascribes to it. There will be no separate deals made with me. I am now out to win rather than settle.

He seems to still be getting his legal advice from Acme.

Meep, meep!

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Closing question: Is the sports editor gig at the Spencer Daily Reporter a GS-13 slot?

Team Kimberlin Post of the Day


Brett Kimberlin does not like to take “No!” for an answer. When the judge in the Kimberlin v. Frey RICO Remnant LOLsuit refused to modify the protective order sealing discovery in the case, The Dread Deadbeat Pro-Se Kimberlin filed a petition for a Writ of Mandamus with the Fourth Circuit Court of Appeals seeking to have the Court of Appeals order the District Court judge to do TDPK’s bidding. The TKPOTD for three years ago today dealt with the motion for expedited consideration that TDPK with the Court of Appeals.

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The Dread Pro-Se Kimberlin’s case is sooooo important that his petition for a writ of mandamus really, really, really needs to be acted on quickly. At least, that’s what TDPK says—

I wonder who that “close associate” of Frey who has been engaging in official corruption is?

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Now that Kimberlin has lost the Frey LOLsuit and I’m no longer on the hook for TDPK’s motion to sanction me in that case, I can make some comments on that motion.

Of course, Kimberlin was gagged by the protective order. Protective orders are gag orders. However, he had no First Amendment right to publish sealed court materials. According to exhibits TDKP filed in another case, the “several” reporters who wanted to publish what they and Kimberlin hoped would be seen as dirt were Matt Osborne and Bill Schmalfeldt.

I was the “close associate of Respondent Frey engaging in official corruption.” Because I am still bound by the protective order, I can’t provide any more details than to say that the allegedly corrupt act was filing criminal complaints against Kimberlin and others in jurisdiction where the elected prosecutor was not a Democrat.

Team Kimberlin Post of the Day


Something that you’ll find in almost statement from any member of Team Kimberlin is one or more misused words. Five years ago today this post titled You Keep Using Those Words … cited several examples.

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… I do not think they mean what you think they mean.

Perjury. Extortion. Reasonable Belief. Harassment. These are words with well defined meanings in law. Regardless of the apparent likeness, the Cabin Boy™ is not Humpty Dumpty, and he cannot bend these words to fit his imagination. He can rant on Twitter and his blog all he wants. It won’t change the law, and it won’t change the facts.

While I will still probably take note of Schmalfeldt’s nonsense and offer occasional corrections, the Gentle Reader should understand that my real engagement with the issues relating to the Cabin Boy’s™ behavior has been and still is with the appropriate authorities. I’m not in a position to say any more than that for now. The Gentle Reader may draw his own conclusions about things based on what has and has not happened.

Meanwhile, I’ve had enough of the Cabin Boy for today, and there’s still spring cleaning that needs to be done around stately Hoge Manor.

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Lying liars gotta lie?

Stupid is as stupid does?

I believe we can embrace the power of AND in this case.

Colluding with Reality


I’m so old, I remember when Reality was supposed to have a “liberal bias.”And Reality has been doing violence to much of the Left’s cherished agenda for the past few days.

UPDATE—

Leftist ideas can’t withstand debate. Leftists know that, which is why they’re always trying to silence their opponents, generally in the name of some sort of decency or compassion that they themselves spectacularly lack.

Glenn Reynolds

Senate Votes Down The Green Nude Eel


As noted in the Babylon Bee, Republicans colluded with Reality to defeat the Green Nude Eel. The vote was 0-57. All of the Republicans voted against it, as did three Democrats and one Independent. All the other Democrats and the other Independent voted “present.” That included the bill’s sponsor and all its cosponsors. It included all the senators who had endorsed the Green Nude Eel in connection with their candidacies for the party’s 2020 presidential nomination.

These remarks by Senator Lee (R-UT) are a fair summary of the Republican objections to the bill.

The Second Law of Thermodynamics was available for comment and noted, “There ain’t no such thing as a free lunch.”

Team Kimberlin Post of the Day


The Dreadful Pro-Se Schmalfeldt may be plus-sized overall, but he has acts as if he has incredibly thin skin. He became so bent out of shape over truthful reporting about and criticism of his conduct of LOLsuit VI: The Undiscovered Krendler that he decided to complain to the magistrate judge handling the case about me. Three years ago today, I responded to his threats with this Legal LULZ Du Jour.

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RD201603191531ZGo ahead. Make my day.

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He went ahead and filed his paperwork which I published after it appeared on PACER three days later.

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The Cabin Boy™ really did file these with the court—

Everything is proceeding as I have foreseen.

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So where are we three years later?

Aaron Walker was able  to manage his clients’ defense. He won the case for them.

The Cabin Boy™ lost LOLsuit VI. And LOLsuit VII. And LOLsuit VIII. At this point, he’s failed to convince judges in Maryland, Wisconsin, Illinois, and South Carolina that he has been the victim of defamation, invasion of privacy, intentional infliction of emotional distress, or mopery with intent to lurk.

OTOH, judges in Maryland, Arizona, Massachusetts, Illinois, and North Carolina have found that Schmalfeldt engaged in behaviors warranting the issuance of various forms of restrain orders, one of which was to protect a three year old child.

The Cabin Boy™ has been fired or left under suspicious circumstance from multiple jobs.

I’m still working part time as a paralegal and full time as engineering contractor.

Nothing has proceeded as the Cabin Boy™ has hallucinated.

Paying for a Green Nude Eel


All we have to do is adopt the magic of so-called New Monetary Theory which states that a government that borrows in its own currency doesn’t need to worry about debt because it can print money to pay the debt. If the Green Nude Eel is only going to cost around 90 trillion bucks and we use one of these, we should have change coming.

Of course, that’s not how money works. Things didn’t work out well for Rome when it debased its money, and over the last century, we’ve seen what happened in the Weimar Republic and Zimbabwe and, currently, Venezuela. As John Hinderacker points out in a post at PowerLine, Modern Monetary Theory is universally regarded by economists as a crackpot idea.

So it’s unanimous: Modern Monetary Theory, the Democratic Party’s latest ticket to the promised land, is a fraud. And not a modern one, either.

Speaking of socialism…I heard an observation yesterday, in the context of Venezuela, that was striking and true. If I could remember who said it, I would credit him. Here it is:

You can vote your way into socialism, but you have to shoot your way out.

Another reason why we need the Second Amendment.

As Ben Franklin said when asked what kind of government was being formed at the Constitutional Convention, “A republic if you can keep it.”

There’s Good News, and There’s Bad News


The Foundation for Economic Education has a post up explaining how the rich could pay for that list of Progressive freebies: $47 billion on free college tuition; $1 trillion for new infrastructure; $1.4 trillion to write off student loan debt; at least $7 trillion on a Green New Deal; $32 trillion on “Medicare for All.” We can simply adopt tax schemes similar to those used in countries such as France, Denmark, Sweden, and Finland.

If Rep. Ocasio-Cortez and Sen. Warren want the federal government to collect European shares of national income, they will have to adopt European tax systems. That means higher income taxes on the middle class, higher payroll taxes, and higher consumption taxes. According to the Congressional Budget Office, raising $32 trillion in tax revenue would require adding 36 percentage points to the marginal tax rate of every federal income taxpayer in the United States. Not just the rich—everyone. The single woman earning $82,500 and the couple earning $165,000 would see their rates soar from 24 percent to 60 percent.

To borrow from P. J. O’Rourke, the good news is that the rich will pay for everything. The bad news is that you’re rich.

Finland collects about 43 percent of GDP in taxes, and that isn’t enough. Fuzzy Slippers reports at Legal Insurrection that Finland’s government has collapsed because of the cost of universal health care: #Bernie2020 hardest hit.

Finland has long been touted by American socialists as the socialist Nirvana, where everything is free and everyone is happy, happy, happy.  Sadly, fiscal reality hit Finland’s government as it collapsed Friday due to the rising costs of its universal health care.

The warning signs were on the wall last spring when Finland … ended its experiment with “universal basic income.”

Bernie Sanders (I-VT), who has been hanging his socialist mantle on the “success” of Finland’s socialist structure, may be the hardest hit.

There ain’t no such thing as a free lunch.

Trump Wins Another Round


Last October, Judge Otero dismissed one of the suits Stormy Daniels filed against Donald Trump and ordered her to pay Trump’s attorneys’ fees which amounted well into six figures. Following that ruling, Trump agreed not to sue Daniels for her violations of the terms of their non-disclosure agreement. That rendered moot one of her other suits, and Judge Otero has now dismissed that case for lack of jurisdiction. Federal courts cannot rule on a moot case with no controversy to adjudicate. Because the case was originally filed in state court, it has been remanded back there for the final i-dotting and t-crossing, but it’s over for all practical purposes.

Here’s the judge’s ruling—

Michael Avenatti is trying to spin this as a win for his client.

Good News for the First Amendment


Colorado lost its first attempt to crush Jack Phillips and his Masterpiece Cakeshop in a 7-to-2 Supreme Court decision affirming the baker’s First Amendment right to practice his religion and not bake a cake dedicated to promoting something contrary to his beliefs. In response, the Colorado (so-called) Civil Rights Commission filed a second case against Phillips. In response, Phillips sued the Commission in federal court alleging violation of his civil rights.

The Daily Signal reports that both the Commission and Phillips have dropped their cases.

The members of the state’s commission could have been held “personally liable” for harassment if the matter continued, said Hans von Spakovsky, senior legal fellow at The Heritage Foundation.

“It’s probably because they may have finally gotten scared that they were going to get hit with sanctions for, in essence, directly thumbing their nose at the Supreme Court and the court’s decision in this issue,” von Spakovsky told The Daily Signal. “It could make them personally liable for damages if they abuse their positions to try to harass an individual.”

In the 7-2 majority opinion, Justice Anthony Kennedy wrote: “The Civil Rights Commission’s treatment of his case has some elements of a clear and impermissible hostility toward the sincere religious beliefs that motivated [Phillips’] objection[.]”

It’s amazing how the possibility of being held personally responsible for one’s virtue signaling can change someone’s perspective. Actual accountability and the possibility of real consequences usually moderates behavior.

We need to see more of this.

The Bladensburg Cross


Earlier this week, the American Legion and the Maryland-National Capital Park and Planning Commission had what should be their final day in court over the Bladensburg Cross, a war memorial to the town’s World War I dead. The American Humanist Association has sued to have the 91-foot tall concrete cross removed because … well, it’s a cross, and that’s too Christian. The Fourth Circuit Court of Appeals agreed with the Humanists. The American Legion and Planning Commission appealed.

Part of the defense of the monument is the notion that it is a memorial to dead soldiers that takes the same form as their grave markers. Matthew Vadum reporting at The Epoch Times on the Supreme Court hearing notes that Neal Katyal, the Park Commission’s lawyer, told the court—

In the context of World War I, crosses have a secular meaning in that they honor those who perished in the conflict, Katyal said.

The “dominant image of the time, everything from that poem to art, to the war bond advertisements that the United States Government put, to the 1924 congressional resolution, all did use this cross.”

“That poem” refers to words written by Lt.-Col. John McCrae of the Canadian Expeditionary Force in 1915 after he buried a friend who was killed in combat in Belgium. It begins, “In Flanders fields the poppies blow, between the crosses, row on row …”

The Humanists claim that the monument dishonors the non-Christian war dead. The American Legion respond that such a claim is nonsense, noting in one of its briefs that it had many non-Christian members at the time the memorial was built. In fact, J. Moses Edlavitch, a Jewish veteran who was one of the local chapter’s leaders, signed the deed for the land upon which the monument was eventually built.

This leads to a question about the facts of the matter. The monument honors the town’s war dead. It’s in a shape reminiscent of a grave marker. Do any of the dead being honored actually have non-cruciform headstones?

Meanwhile, we can wait for the Supreme Court to rule.

Trigger Warning


The College Fix reports that a person wearing a cowboy outfit at Wake Forest caused someone to file a racial bias complaint.

The Old Gold & Black reports someone ended up filing a Bias Incident Report (BIR). According to Chief Diversity Officer José Villalba, the “official” Bias Incident group concluded the person in the pic was “impersonating a cowboy by wearing a Western-style shirt with part of an American flag on it and a lasso across his chest and shoulder.”

Apparently, someone unfamiliar with cowboys thought the lasso was a noose.

Nevertheless, Student Senators Miles Middleton and Fadi Narouz “understood” the lasso to be a noose, and at a February 12 Student Government General Assembly meeting decided to bring up the issue as well as other matters of a racial nature — like “Caucasian students behaving rudely to employees of color” and “students of color being scared to enter certain spaces on campus.”

Middleton conceded that if the Bias Incident group said the lasso wasn’t a noose that he would “take them on their word.” However, he said he had his “own set of opinions about how the campus should be dealing with these types of things in a deeper manner.”

The picture that caused the controversy was taken at a campus Subway restaurant. Maybe Wake Forest should add a Roy Rogers restaurant to improve the students’ general knowledge of American culture.

BTW, the hangman’s knot used to make a noose and the honda knot used to make a lasso are two very different knots.

Hating Haters Gotta Hate


Evan Urquhart has a post at Slate called Why Jussie Smollett’s Alleged Hoax Won’t Change How Anyone Feels About Hate Crimes. It’s written from the point of view that the Right’s reaction to the Smollett’s Hoax Crime is racist and homophobic. To that extent, his post is unbalanced, but it does contain a couple of insightful statements.

People who believe these ugly things, and the much larger group who don’t believe anything except that it’s not their business to care, don’t seize on hoaxes because an isolated case proves they are right. They do it because they will use anything and everything to distract from the fact that they are wrong.

But there’s no larger message here, and we’re not all victims of his crime. Haters, proverbially, are going to hate. They did it before, and they won’t miss a step after this sad, weird story is done.

Alas for Mr. Urquhart, he doesn’t seem to see how those statements apply to the Left as well. The Left believes things that are ugly and untrue and routinely seizes on twisted “facts” to support The Narrative.

The hate will keep coming against kids minding their own business at a pro-life march or nuns who don’t want birth control or fast food restaurants that give employees a day off each week or peaceful protestors who feel they’re taxed enough already or whoever gets in the Left’s way.

Team Kimberlin Post of the Day


Brett Kimberlin is a loser. He’s failed at just about everything he’s tried. Dealing LSD got him convicted of perjury when he was still a teenager but old enough to be an adult. His grandiose dope smuggling schemes resulted in his getting caught trying to bring in over 5 tons of weed. He’s been released from supervisor on his parole, but his sentence for the Speedway bombings still has over ten years left to run. His pro se legal career has been an abject failure, and the attempts by the incompetent writers and editors at his PR blog Breitbart Unmasked Bunny Billy Boy Unread to find something … anything … favorable to say about his LOLsuits inspired mockery and parody fiction here at Hogewash! and another blogs.

Speaking of parody fiction, I recycled this episode of BLOGSMOKE four years ago today, and I think it’s worth another run.

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While I was reviewing paperwork for a couple of the bits of lawfare Team Bomber is waging, I noticed a certain synchronicity between the cases of The Bomber and The Grouch. That brought this episode from a year ago to mind …

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