Team Kimberlin Post of the Day


There are days when I wonder why Brett Kimberlin would have wanted Bill Schmalfeldt as part of Team Kimberlin, unless it was simply to use him to harass his perceived enemies. The Cabin Boy™ has often been a pain in the neck (or a couple of feet lower) to deal with, and this Prevarication Du Jour from three years ago today dealt with a series of lies he tried to spread about a rather disgusting image that he probably put into wild himself.

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David Edgren has a post over at the Artisan Craft Blog dealing with a recent blog post by the Cabin Boy™ which quotes Schmalfeldt as saying that the emails he sent back in 2015 which had a now-infamous picture of his late wife attached contained “instructions” that the picture not be published.

One of those emails was sent to the Carroll County Sheriff Jim DeWees and several of his deputies. I was cced. The email to Sheriff DeWees contains no instructions regarding publication of the picture. The Gentle Reader can read that email (with the images redacted) here. The other email was sent to a law enforcement agency in Massachusetts. I haven’t seen it, but I’d bet folding money that it also lacks any prohibition on publication of the image.

Of course, I have never put that image in a blog post here at Hogewash!—it’s not in the blog’s media files to be posted—and if I found it in a comment, I would immediately delete it.

UPDATE—This just appeared in my Twitter Notifications as part of what appears to be a Feldtdown.There are quite a few other possible explanations about how that picture of Mrs. Schmalfeldt made it into the wild on the Interwebz. One obvious possibility is that the Cabin Boy™ published it himself. I’m unaware of any evidence that would prove he did, but it’s still possible. Certainly, there is no evidence that Scott Hinckley or I ever published the photo.

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Schmalfeldt published vile and crudely photoshopped pictures of other persons’ family members, but AFAIK, none of his victims ever published actual images of the Cabin Boy’s™ family.

18 USC § 1001


(a)Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1)
falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2)
makes any materially false, fictitious, or fraudulent statement or representation; or
(3)
makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
(b)
Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
(c)With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—
(1)
administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2)
any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

That’s the law Scooter Libby was convicted of violating. It’s the law that Michael Flynn was pressured into pleading guilty to.

It’s being reported that U.S. Attorney John Durham will be interviewing former CIA Director John Brennan. Mr. Durham has already subpoenaed a great deal of Director Brennan’s emails, phone records, and other documents, so the former spymaster should probably choose his words carefully. Or invoke his Fifth Amendment right to silence.

Team Kimberlin Post of the Day


The TKPOTD for six years ago today dealt with the meaning of words.

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The Dread Pro-Se Kimberlin keeps using these words.BK v AW 2013-71That example is from his second amended complaint in the Kimberlin v. Walker, et al. nuisance lawsuit.

odi·ous adj. \ˈō-dē-əs\ : causing strong dislike; arousing or causing repugnance.

in·fa·mous adj. \ˈin-fə-məs\ : well known for being bad or evil.

frighten verb \ˈfrī-tən\ : to cause (someone) to become afraid.
frightened • fright·en·ing

I can understand how someone might have a strong dislike for a person who set a time bomb in the parking lot of a high school football game. Someone who was convicted of a series of high-profile bombings might be considered to have become infamous. And being frightened of such a person is a perfectly reasonable reaction.

#IfTheShoeFits

Red TwizzlersSo Thursday could be a very big day. The Gentle Reader should stock up on popcornJujubesRaisinetsJunior Mints, or  Milk Duds. And if none of those work for you, we also have Red Twizzlers available via Amazon.

Stock up. Stay Tuned.

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The possible big day on Thursday mentioned in the post referred to the final pretrial hearing in the Kimberlin v. Walker, et al. nuisance LOLsuit scheduled for the day after the post. The results of the hearing were mixed, but generally in the defendants favor. While we wound up having to go to trial, the court denied The Dread Deadbeat Pro-Se Kimberlin’s motion for a preliminary injunction that would have shutdown our blogging about him.

Of course, by going to trial and losing, TDPK created the opportunity for even greater pointage, laughery, and mockification. Nothing proceeded as he had imagined.

I’m Not Making This Up, You Know


PJ Media reports that five “protestors” are suing Seattle. They claim the city effectively levied a “protest tax” by allowing police to use “military-grade munitions” to break up unruly crowds. The suit argues only people who are rich enough to buy armor have a First Amendment right to protest.

It looks to me like the real basis of the suit can be summed up as “No fair! You hit us back!” The cops dealing with the rioters in places such as Seattle have had rocks, bricks, and other projectiles lobbed at them. They’ve had large fireworks explode around them. They’ve been sprayed with bear spray which is much stronger than the pepper spray designed for use on humans. Most of the time, the police have held their fire, but when they have responded, they’ve used crowd control tools and techniques that are generally less dangerous than what they have faced.

While the military has access to the same sort of crowd control tools that the civilian police use, that doesn’t make them “military-grade munitions.”

BTW, just because a munition is “military-grade,” it isn’t necessarily too powerful to be in general circulation in society. The 9mm pistol cartridge used by the Army, Navy, Marine Corps, and Air Force is less powerful than the .40 S&W cartridge used in pistols carried by many officers of the Seattle Police. The 5.56 mm NATO rifle cartridge used in the M16 rifle and M4 carbine is less powerful than the .30/30 Winchester round that has been in hands of the public for over a century.

If the police cannot use a range of tools that are less dangerous than firearms when confronted with rioters and arsonists, their range of responses will be reduced as well. When faced with potentially lethal violence (one can be killed by a thrown brick, people die in fires), they will have to choose between retiring from the scene and leaving it to the rioters—or opening fire with live ammunition. When the Seattle Council voted to prevent the police using less lethal tools, the police chief let the community know that she would not risk her officers’ lives to protect property. A federal court has put the council’s order on hold for awhile, so the police haven’t faced a flee or fire choice. Yet.

I’m told it’s uncomfortable to be hit with a pepper ball. I’ll bet a 165-grain jacked hollow point bullet hurts worse.

Team Kimberlin Post of the Day


Brett Kimberlin made a big mistake by trying to silence bloggers through lawfare. He was quasi-successful with his attack on Seth Allen, but going after Aaron Walker stirred up too many free speech bloggers, including me. That brought too many eyes looking his way. However, his worst mistake may have been picking on me. He did it at a time when I had retired and could devote full time to defending against his LOLsuits and bogus criminal complaints. Even though I’m now working again, I’ve continued to keep an eye on him.

One of the tools I’ve used throughout my coverage of Kimberlin’s failing attempts at reputation management is humor. The TKPOTD from three years ago is one example of such ridicule.

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The month of August is off to a good start, but we may have a few days of behind-the-scenes activity during the coming week.

The Gentle Reader may wish to take the opportunity to stock up on popcorn.

Meanwhile, I seem to be all out of bubble gum.

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Yes, I’m still keeping an eye on Kimberlin, and I have lots of tools to do so.

A Rainy Day


There’s a tropical storm headed in our general direction here in Westminster. The weather folks say it will probably pass to the east of us, so we’re just outside of the likely path of the high winds. While we’re expecting some much needed rain, it isn’t supposed to be torrential.

Team Kimberlin Post of the Day


Even Gentle Readers who have closely followed The Saga of Team Kimberlin for the past 8+ years sometimes lose track of all the various LOLsuits and other legal shenanigans that Brett Kimberlin has tired to employ in his failed attempts at brass knuckles reputation management. Five years ago today, I ran the following post to help the Gentle Readers keep track of Who’s On First?.

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I’ve had several requests to explain the various court cases that are referenced here on Hogewash!, so here’s a more or less complete list of the current cases relating to Brett Kimberlin.

Kimberlin v. Walker, et al. was filed by The Dread Pro-Se Kimberlin on 30 August, 2013, in the Circuit Court for Montgomery County against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. It alleged all sorts of frivolous claims. The two persons TDPK claimed were Kimberlin Unmasked settled the case with him. Five of the seven claims against the rest of us were dismissed on summary judgment. We went to trial on his claims of defamation and false light invasion of privacy. After TDPK rested his case, the judge entered a directed verdict in the favor of the defendants because not a “scintilla” of evidence had been produced that we had defamed him or invaded his privacy. He has appealed the case to the Maryland Court of Special Appeals.

Kimberlin v. National Bloggers Club, et al. (I) was filed in U. S. District Court on 15 October, 2013, initially against 21 defendants, including me. It is also known around here as the Kimberlin v. The Universe, et al. RICO Madness. The second amended complaint added three more defendants. Four of the defendants settled with TDPK. On 17 March, 2015, all but one claim against one defendant were dismissed. The federal claims were dismissed with prejudice, meaning that they cannot be refiled. The state law claims were dismissed without prejudice, meaning that could be refiled in state court. The case is still alive and is now called Kimberlin v. Frey. I often refer to it as the RICO Remnant. Kimberlin tried to appeal the dismissal of the federal claims to the Fourth Circuit Court of Appeals. He appeal was dismissed.

TDPK did refile the state law claims from the RICO Madness in the Circuit Court for Montgomery County. It’s formally known as Kimberlin v. National Bloggers Club (II), but around here it’s called Kimberlin v. Most of the Universe, et al. RICO Retread—Most of the Universe because TDPK dropped several of the RICO Madness defendants.

The day before almost all of the RICO Madness case was dismissed, TDPK filed Kimberlin v. Hutton & Williams LLC, et al. which names me among the 19 defendants. I’ve taken to calling it Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo.

Earlier this year, Kimberlin also filed a peace order petition against me. The petition was denied by the District Court. He appealed, and it was denied again by the Circuit Court. Acting through his wife, a criminal charge was filed for alleged online harassment of a minor child. The charges were dropped for lack of evidence. This was the second time he had tried to bring a false criminal charge against me. He filed a harassment charge in 2013 that was dismiss and expunged before I could even be served.

The serious pushback against Kimberlin’s lawfare is beginning. Aaron Walker as filed a suit know as Walker v. Brett Kimberlin, et al. The et al. is Tetyana Kimberlin. More consequences are in the pipeline.

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I can sum up the results of Kimberlin’s lawfare by simply saying he’s maintained a perfect record—of striking out.

Team Kimberlin Post of the Day


It was six years ago today that someone sent me the first of several Hoge-Wan cartoons, and I shared it as a TKPOTD.

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All_is_ProceedingStay tuned.

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And less than two weeks later, The Dread Deadbeat Pro-Se Kimberlin lost the first of four LOLsuits he filed against me.

Apparently, the Hoge-Wan cartoons really got under Kimberlin skin, because he brought them up when he called me as a witness in the Walker v. Kimberlin, et al. case in 2016.

Q Do you ever post graphics or photos of you as a Star Wars Hero?

A I have, people have sent me graphics of my face to replace, who’s the guy that played Obi-Wan Kenobi, the older fellow? This is what happens when you’re old. Alec, Sir Alec Guinness with my face instead of Alec Guinness’ as Obi-Wan in, in various cartoons. I think they’re funny, and I’ve, I’ve posted a few that have sent me, and other people have, have picked up on that, as well, and sort of run with it. It’s a, it’s, it’s kind of a running gag now in certain corners of the internet.

He actually thought that line of questioning related to Aaron Walker.

Less Lethal Advice


Several people have asked me for advice about buying a gun. The best general advice I can give on the subject is to take proper firearm safety training (such as the NRA Safety Course or your state’s hunter safety course) prior to buying a gun. In the course of that training you’ll learn material that will help you decide what might work best for you.

It’s also a good idea to have some kind of “less lethal” (what that term really means is less likely to kill than a firearm, but still dangerous) means of self defense available for use when deadly force isn’t absolutely necessary. One tool that I’ve adopted is the Kimber PepperBlaster II. It looks like a firearm, but it isn’t. It can project a blast of pepper spray and dye about 13 ft, and it holds two charges of spray. It’s available from Amazon.

It’s small enough to slip into a trouser pocket or purse, but I don’t recommend carrying it without some sort of holster which protects the trigger. (Imagine a pepper spray blast going off by surprise in your pocket or purse.) I carry mine in an Uncle Mike’s Size 3 Pocket Holster. It’s an excellent fit.

Remember, force offered in response to an attack should be proportionate to the danger the attack creates. There are times when deadly force is called for, but there are also times when it isn’t. It’s wise to be prepared to respond appropriately.

Finally, check your local laws and obey them.