Team Kimberlin Post of the Day


Three years ago, Karoli Kuns joined in Team Kimberlin’s effort to spin a false narrative about me and my interactions with Bill Schmalfeldt. That resulted in a chain of posts three years ago today that began with this one.

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I see that Karoli Kuns has a long piece up at Crooks and Liars. Clearly, it was not subjected to fact checking. Consider this typical paragraph which I will fisk:

To a large extent, it succeeded. Hoge filed numerous requests for peace orders which were routinely rejected by the Court. [I filed two.] After they were denied, Hoge appealed. [Only the first one.] Finally, Hoge scored on appeal and found a sympathetic ear in Judge Thomas Stansfield of Carroll County, who had no experience with online social networks or blogs. Judge Stansfield granted Hoge his peace order under Maryland’s domestic violence laws. [No. The peace order was granted under a Courts & Judicial Procedures statute. Protective orders, which are not the same thing, are granted under a Family Law article.] Schmalfeldt was ordered not to contact Hoge at work [No. The order does not mention my workplace because I was retired at the time it was issued.] or contact him by phone. (None of these things had ever happened or could happen because Schmalfeldt does not have the physical ability or desire to visit Hoge anywhere at any time.) He was also barred from contacting Hoge via email. [He is prohibited from contacting (by any means), attempting to contact, or harassing me.]

I’ve been told that accuracy in reporting has never been Karoli’s strong suit. After reading stuff like this, I’m inclined to believe that characterization.

She is no more accurate in her description of the state of the law in Maryland.

But Maryland also needs to evaluate how they’ve structured their peace order process. A simple refinement to the law which limited peace order requests to those where there was an established domestic relationship or closer physical proximity would have eliminated this problem and ended a lot of stress and aggravation for Schmalfeldt. As it stands now, any Maryland citizen can invent the idea that a criminal act has been committed against them online, take that idea to the courthouse and turn it into a peace order. This entraps people in a litigation net who do not belong there while depriving them of the same protections other citizens receive.

In fact, Maryland has two different procedures for dealing with conflicts outside of the criminal justice system. The first, Protective Orders, deals conflicts between family members or domestic partners. This is what Brett Kimberlin sought to use against his wife, unsuccessfully in the end.

The second, Peace Orders, deals with conflict between non-related parties. To obtain a peace order, one must prove (to the “clear and convincing” standard) to a judge during an adversarial hearing that one is the victim of one or more of a specified list of crimes. In my case against Schmalfeldt that was harassment. Harassment via the Internet is harassment. There is not an exception because blogs or Twitter were used.

I am not amused by this either.

sir robin shieldUPDATE—Karoli has taken down comments to her post that relate to the actual facts of the situation with Bill Schmalfeldt, and she has announce that she will not permit any more such comments. She claims that her post is really about how screwed up Maryland’s laws are. If they were as she describes them, I would probably agree. However, she does not correctly describe Maryland’s Peace Order stature or how it works.

Not only does she have her facts wrong, she has her facts about the law wrong.

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That post prompted Matt Osborne to butt in and me to post this in response to him.

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Matt Osborne attempted to comment here at Hogewash!:MO201404271221ZI did and found these questions which I present with my answers.OsborneEmailWhy do I get the feeling that this is not a benign inquiry?

UPDATE—MO201404271300ZSome questions are so nonsensical that they do not deserve an answer, but I’ll make an exception for this one.

What Matt Osborne is lamely trying to do is appeal to everyone’s inherent sense of justice. Human beings are wired to favor fairness, and, of course, it would be unfair for me to engage in sadistic harassment. One of the problems with the question is its being based on the false premise that I am the harasser in the Hoge/Schmalfeldt interaction.

There is an important theological problem with Osborne’s question as well, and I intend to deal with it in a longer post later today.

Stay tuned.

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And I wrote about that theological problem in this post called 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.

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I’m not done with him yet.

Team Kimberlin Post of the Day


Three years ago today, there was a hearing in the District Court for Montgomery County on the peace order petition The Dread Deadbeat Pro-Se Kimberlin filed against me falsely accusing me of harassing Tetyana Kimberlin’s elder daughter. We’ll review several posts from that day, beginning with one titled Qapla’.

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The peace order was denied. More later when I get back home.

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I followed that post up with one titled Today in Court: #BrettKimberlin’s Case.

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I’m going to do my writeup of today’s peace order hearing two parts. The first will deal with what happened before the lunch break while Brett Kimberlin was putting on his case. A second post will deal with my response. For a more detailed legal analysis of the case, check out Aaron Walker’s post.

As a preliminary matter, my lawyer raised the issue of Kimberlin being unable to testify in a Maryland court because of his previous perjury conviction. The back-and-forth over that burned up about ten or fifteen minutes and ended with Judge Williams ruling that Kimberlin could not testify.

Kimberlin made an opening statement outlining what he planned to prove with the evidence and testimony of others. During that opening statement he told several lies. One was that I attended a hearing relating to a mental health petition he had filed against his wife. I did not. On 9 July, 2013, I attended a hearing which dealt with protective orders that the Kimberlins had filed against each other. At the end of that hearing, Mrs. Kimberlin was detained. I left the courtroom while she was still in handcuffs but later found out that she was held because of a surprise mental health petition Kimberlin had filed. The judge released her and denied the petition within a few minutes.

Kimberlin also lied by claiming that I had approached his wife and offered her “things of value.” In fact, our first contact came when she approached me in a restaurant while I was waiting to meet someone else. While I was among a group of people who offered her assistance and paid for a lawyer to represent her in a hearing, I didn’t offer her anything of value to do anything for me or at my direction.

Kimberlin also said during his opening statement that I am “Paul Krendler.” I am not.

Kimberlin then called his first witness—Aaron Walker. Aaron’s testimony did not go well for the Petitioner. Aaron wound up testifying about the various claims of defamation that Kimberlin had made in the Kimberlin v. Walker, et al. nuisance lawsuit and the fact that my codefendants and I won the case on summary judgments and directed verdicts.

Next, Kimberlin called his daughter, the nominal petitioner, to the stand. She testified that she had been bullied at school and that when she had changed schools, her fellow students had googled her and found out about her father and ostracized her. Kimberlin tried to bring in the issue of his being called a pedophile through her testimony. At that point, the hearing had been going on for an hour, mostly because of non-germane points Kimberlin kept raising. The judge had had enough. He told Kimberlin—

I’ve given you some latitude. That. Is. Done.

Kimberlin rested his case, and the judge ordered a lunch break.

Stay tuned for Part Two.

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I never got around to posting Part Two. Instead, I posted this Prevarication Du Jour in response to the false reporting on the case by Team Kimberlin.

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Over at Breitbart Unmasked, Bunny Boy is running a copy of some tweets that Kimberlin introduced into evidence during today’s hearing. They supposedly prove that I posted a comment on an article at the Montgomery County Gazette.perjury1Because I denied making such a comment and could not authenticate the tweet as mine, Bunny Boy is shilling Kimberlin’s story that I perjured myself today.

Bullshit!

I couldn’t authenticate the tweet as mine, because it isn’t. It’s a retweet. The original tweet (and I presume the comment at the Gazette) was by Lee Stranahan.Stranahan201308281627ZI took me all of two minutes to find that original tweet via Google.

Did I mention that Brett Kimberlin is a liar?

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Qapla’ indeed.

Team Kimberlin Post of the Day


Matt Osborne is even more stupid than I thought. After being caught redhanded publishing lies when he was editor of Breitbart Unmasked Bunny Boy Unread and having to spend a year or so dodging being held legally and morally accountable for his actions, he tried to respond to yesterday’s TKPOTD with this comment.That YouTube link goes to an illegal posting of courtroom audio from Brett Kimberlin’s failed appeal of his 2015 peace order petition against me. (Courtroom audio provided by a Maryland Court Clerk’s Technical Services is may not be broadcast or posted online.) Osborne deceitfully characterizes Judge Creighton’s comments that he posted as directed specifically to me. They were not—as can be seen on pages 95 and 96 of the transcript.

Read the whole transcript and see how pitiful The Dread Deadbeat Pro-Se Kimberlin’s case was and how Tetyana Kimberlin’s teenage daughter had to try to make his case for him when the judge wouldn’t let him practice law without a license.

Oh, one more thing—William Ferguson also tried to comment. His self-mockery continues.

UPDATE—It must have frustrated Bunny Boy that his comment didn’t make through moderation. Osborne has me blocked on Twitter, but I’m told that he’s bravely tweeted a link to that YouTube clip from behind that block.

Team Kimberlin Post of the Day


It was three years ago today that the first of several false articles accusing me of harassing Tetyana Kimberlin’s elder daughter were published by Breitbart Unmasked Bunny Billy Boy Brett Unread. This Prevarication Du Jour was my initial reaction.

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Matt Osborne has published a blatantly false and defamatory article over at Breitbart Unmasked (safe link) titled William Hoge Stalking A Teenager For His Conspiracy Theory. This paragraph is among the most egregious.BU20150304

Mrs. Kimberlin’s Application for Statement of Charges (available here) does not allege anything about a bomb factory or BDSM. Osborne’s assertions are utter rubbish. More important, they are lies.

The list of additional false statement in the post includes, but is not limited to—

That I have stalked Kelsie Kimberlin.
That I have taken any action with respect to Ms. Kimberlin’s music career.
That the process server employed by my lawyer was sent to photograph Brett Kimberlin.

Matt Osborne owes the truth to what few readers he has. He needs to back up the assertions in William Hoge Stalking A Teenager For His Conspiracy Theory with documentary evidence or he must retract them and apologize. He should do so not later than midnight Saturday Eastern Time.

Finally, because Breitbart Unmasked does not publish a snail mail address, I hereby notify Breitbart Unmasked and Matt Osborne that they should preserve all documents, records, files, etc., relating to me personally, the Hogewash! blog, Brett Kimberlin, and/or Kelsie Kimberlin that may be in their possession or under their control.

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The Dread Deadbeat Publisher Kimberlin’s pathetic attempt to use his PR rag to smear me quickly spun out of control. In the end, his ill-conceived attack was surely more trouble than it was worth.

And I’m not done with him yet.

Team Kimberlin Post of the Day


Yesterday’s TKPOTD dealt with the mind-bogglingly incompetence of Team Kimberlin’s PR effort in support of their campaign of lawfare. It included the TKPOTD from three years ago yesterday. Today, we’ll stay with the same theme and present the post from three years ago today.

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Yesterday’s TKPOD presented some golden oldie tweets from members of Team Kimberlin in which they made fools of themselves forecasting the results of their lawfare. Here are some more 2013 howlers from the Team. TK2013tweets_aThe first is Bill Schmalfeldt’s announcement that he would put up an obscene picture with my face photoshopped into it in retaliation for the photographer who owns the copyright to the headshot I use on the Hogewash! About page filing a DMCA takedown notice against the Cabin Boy’s™ infringing use of the image. That tweet was massively useful in convincing the powers-that-be that the Cabin Boy™ was likely to continue harassing me and that the first peace order should be extended.

The second is an exchange between Bunny Boy and Stacy McCain. Osborne was trying to float the idea that Stacy hit on Tetyana Kimberlin when a group of us had lunch together following one of the hearings about the dueling protective orders between her and her husband. He was also trying to keep the rumor that Mrs. Kimberlin is mentally ill alive. Both allegations are pure BS.

The third is the Cabin Boy’s™ wishful thinking concerning the outcome of the Kimberlin v. Walker, et al. nuisance lawsuit and/or the Kimberlin v. The Universe, et al. RICO Madness. So far, The Dread Pro-Se Kimberlin is the only one who has lost anything, although he has not yet paid the sanction owed because of his attempt to diddle with discovery in the Walker, et al. suit. I still have my house, and Brett Kimberlin still lives in his mother’s basement. And I am not the one whose wife has left him.

Foolishness. Crassness. Ugliness. That’s Team Kimberlin. Oh, yeah, and stupidity.

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Peter Ingemi (Da Tech Guy) interviewed me on video at CPAC back in 2013. The Cabin Boy™ has lifted frames out that piece and used the images without permission. Schmalfeldt used one of those images in the obscene picture cited above. While we were talking this weekend at CPAC, Peter mentioned that he had been pleased when Schmalfeldt had taken down the obscene image. When I told him about the continuing use of some of the frames from his video at Breitbart Unmasked Bunny Billy Boy Brett Unread and other of the Cabin Boy’s™ sites, he harrumphed and said, “So Schmalfeldt’s a liar.”

Yep.

And Team Kimberlin’s lies, their estrangement from the Truth, is why they’re doomed to fail.

Team Kimberlin Post of the Day


The drudgery of dealing with the hassle of the various Team Kimberli LOLsuits has been offset by the laughter induced by their incompetence. As the TKPOTD from three years ago today shows, they’ve never done a credible PR job for their side.

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One of the more amusing things about dealing with Team Kimberlin is the way that they continually make fools of themselves with their pronouncements about the course of their lawfare. Consider these golden oldie tweets from 2013.TK2013tweetsYeah, Matt, that pro bono lawyer did such a “half-assed” job that five of the seven counts of The Dread Pro-Se Kimberlin’s nuisance lawsuit were thrown out at summary judgment, and the two remaining counts never made it to the jury because they were thrown out on a directed verdict in my codefendants’ and my favor. Who lost badly?

Yeah, John V (as retweeted by Bunny Boy), I’m full of empty threats. Just ask the Cabin Boy™.

Yeah, Neal, Kimberlin should have had a lawyer, so why didn’t he get one? After all, two of his associates in JTMP/VRUS are lawyers. Perhaps it was because his case was nonsense, and no lawyer was willing to risk sanctions or his law license by signing on to the patently false claims in Kimberlin’s suit.

popcorn4bkTeam Kimberlin never seems to learn. Very Ordinary Seaman Ferguson and 57F Osborne have been blithering about recent events on Twitter. And getting things wrong. I wonder if they think that more than a handful of people believe anything they tweet?

#Losers

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I should probably amend that last question to ask if they think that anyone believes them anymore.

Team Kimberlin Post of the Day


The lawfare portion of The Dread Deadbeat Pro-Se Kimberlin’s flailing attempt at brass knuckles reputation management has been both a pain in the neck (or a couple of feet lower) and a rich source of pointage, laughery, and mockification. However, it really hasn’t held a candle to the incompetence of his PR effort, the crown jewel of which has been Breitbart Unmasked Bunny Billy Boy Brett Unread, but at one point, there was a BU post so shocking that the Hogewash! coverage of it was titled BREAKING: Xenophon Tells the Truth. (Xenophon is one of the pen names Matt Osborne has used.)

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In a surprising twist Xenophon the Troll finally tells the truth in a post at Breitbart Unmasked(No, I won’t link to it.) about The Dread Pro-Se Kimberlin’s vexatious lawsuits against bloggers and media entities. In a prolonged screed about Paul Alan Levy’s representation of anonymous blogger Ace of Spades in the Kimberlin v. The Universe, et al. RICO Madness, Xenophon writes— BU20140221bYep. As TDPK has claimed, donations from big-time leftwing contributors are drying up for his not-for-profits. For example, the Threshold Foundation had given Velvet Revolution grants totaling as much as $65k a year, but it has zeroed out its support.

It was leftwing blogger Seth Allen who first shined some light on Brett Kimberlin’s current activities. The fact that it was mostly the right half of the blogosphere that rallied to Allen’s defense allowed TDPK to paint resistance to his lawfare as persecution from the right.

That dog won’t hunt anymore. Ken White, Zoa Barnes, and Paul Alan Levy are not rightwing nut jobs, but they have all provided pro bono legal help to victims of Team Kimberlin. The ACLU, which is also helping in Ace’s defense, is rarely thought of as a rightwing organization.

Because of the extra publicity stirred up by TDPK’s frivolous lawsuits, good people on the left are realizing what kind of person Brett Kimberlin is, and they are deciding that they have better things to do with their money than supporting his unprofitable not-for-profits. The Streisand Effect blowback putting a real crimp in his business model.

Team Kimberlin haz sad. I expect them to act out even more outrageously before things are settled.BU20140221a

On advice of counsel, I won’t reply with a Clint Eastwood quote.

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Speaking of Breitbart Unmasked Bunny Billy Boy Brett Unread, it doesn’t look like they bothered to publish anything for more than a week.

Oh, and speaking of following the money—the 2016 IRS Form 990s for TDPK’s not-for-profits aren’t online yet. They will probably be in the last batch of 2016 forms released after being processed by the IRS. Kimberlin has always filed that sort of paperwork at the last minute, but a man’s got to be aware of his limitations.