Team Kimberlin Post of the Day


Seven years ago, at least four bloggers who had written about Brett Kimberlin had been SWATted. They were Mike Stack, Patrick Frey (Patterico), Erick Erickson, and Aaron Walker. All of them, except Mike Stack, wound out as my codefendants in at least one of The Dread Deadbeat Pro-Se Kimberlin’s defamation LOLsuits. At the time, Erick Erickson was a contributor at CNN, so his SWATting got national coverage and prompted congressional interest in the crimes. Senator Saxby Chambliss (R-GA) too particular interest.

When Breitbart Unmasked tried to spin the story, I ran a post seven years ago today titled Brazen or Delusional? I Report. You Decide.

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Brietbart Unmasked (no, I won’t link to them), a web site believed to be affiliated with Brett Kimberlin, has posted it’s take on Senator Chambliss’ call for an investigation of the Swatting of conservative bloggers. In what appears to be either a brazen attempt to appear confident or a delusional disregard of reality, they say this:

Red State blogger and CNN contributor, Erick Erickson posted on his website that he and his family were victims of an attempted SWaT-ting. Another conservative blogger who said he was SWaT-ed was James [sic] Frey a blogger at the site Patterico’s Pontifications.

BU welcomes this investigation which will finally prove once and for all what liars these right wingers have been. The hope is that Eric Holder will find out that its all been a bunch of right wing bullshit aimed at destabilizing liberals, and that those responsible for spreading these malicious lies and falsehoods such as John [sic] “Patterico” Frey and others will finally pay the price for it. This field of nightmares has got to end badly for those responsible for spreading the hate as a revenge tactic by Aaron Justin Walker, Patterico, and others in the Breitbart orbit who have been guilty of spreading these seemingly never ending series of lies. I would recommend that they start with Patterico and then move on over to Robert Stacy McCain who has claimed he had to go into hiding over it; which one wonders if he is hiding because his handlers at the Bureau forced him to relocate due to some ongoing right wing hate investigation in which he is informing for them, or if he just left town so he could milk all the suckers out of their money to live rent free. Either way it is about time that someone seriously looked into these bullshit lies the right wing breitbots have been spreading around.

Uh, huh.

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Looking back over the past seven years, I’d answer the brazen v. delusion question by invoking the Power of AND.

I’m reasonably certain that Brett Kimberlin himself wrote that BU post just a few days after the unconstitutional gag order he had won against Aaron Walker was overturned. Aaron had been SWATted within hours of Kimberlin’s loss in court. And I find the bit about Stacy McCain’s imaginary FBI handlers especially ridiculous, bordering on hallucinatory.

Yet, in one sense Kimberlin got his wish about someone seriously looking to the bullshit lies surrounding his activities. He should have been more careful in what he wished for.

Archangel: A Novel of Alternate, Recent History


archangelOn September 11, 2001, a businessman faced a grim choice. Perched on the ninety-third floor of the North Tower of the World Trade Center, he had to choose between dying in the fire rising around him, or jumping. He chose to jump. In our world he died, one of around three thousand to die that day. In Archangel he lives, and the fireman who saves him is the central character of this book by Aaron Worthing. Yes, that Aaron Worthing.

6inKindleClick here to buy the Kindle edition from Amazon.

Don’t have a Kindle? Click here to buy one from Amazon.

UPDATE—Purchase link repaired.

What I Saw in February, Part 2


I finally got around to reading everything on Sore Loserman Bill’s latest rabid response website (No, I won’t link to it.), and I found this scan of a page from Lee Stranahan’s Application for Statement of Charges which Schmalfeldt thinks is “evidence” of Aaron Walker’s practicing law in Maryland.Screen-Shot-2013-06-27-at-7.47.25-PM

He makes a big deal of “handwriting analysis.” Gentle Reader, let me analyze it for you based on my eyewitness recollection of what happened at the District Court Commissioner’s office.

First, the writing in the green box is the handwriting I saw on the Application when it was shown to me earlier in the evening. This is clearly what was written in Texas. It is very definitely not Aaron Walker’s handwriting; it is legible.

Second, IIRC, the writing in the upper red box is that of the Commissioner. The Commissioner added the address of the appropriate court when she accepted the forms.

Third, IIRC, the writing in the lower red box belongs to Lee Stranahan. He added it to provide clarification of points raised by the Commissioner.

Of course, I am willing to testify to my recollections under oath.

UPDATE—The Sore Loserman tweeteth:

Bill Schmalfeldt At the moment, all Mr. Hoge is doing is throwing more gasoline on the fire. The threats and intimidation will not play well.
6:52 PM – 29 Jun 13

Let me get this straight. It somehow threatens or intimidates Bill Schmalfeldt for me to be willing to testify under oath concerning what I saw. I understand that it undermines his cause to have an eyewitness to an event he wishes to speculate about come forward with testimony, but how does that threaten him? What about the truth intimidates him?

UPDATE 2—”P. Diddy” (byebyebastards@fu.net, 198.245.61.101) has attempted to make a thuggish comment reminiscent of the writings of a harasser of the Stranahan family. I hope he didn’t wake his wife when he sent the comment at 2:25 am, Sunday morning.

#BillSchmalfeldt is a Liar


Cabin Boy Bill has posted what appears to be the text of an email to the Howard County State’s Attorney’s Office about Aaron Walker. In describing Aaron Walker’s presence at the three recent hearing in the two Hoge v. Schmalfeldt peace order cases, Schmalfeldt writes:

Walker sat right at Hoge’s side through all of this.

That is not true. At both of the District Court hearings (28 February and 29 March), I represented myself. I was alone at the Petitioner’s table in the courtroom. Mr. Walker was sitting in the public gallery. He was there for two purposes. First, although it turned out that his testimony was not necessary, he was a potential witness. Second, he was there in order to be able to blog  about what he saw. The Gentle Reader will notice that from the time I filed a complaint against Bill Schmalfeldt until I won the case in Circuit Court, I refrained from making any substantive comment about matters concerning the two of us that were before the courts. Just as I had written about Aaron’s cases last year, he has written about mine this year.

Aaron Walker was also present during the Hoge v. Schmalfeldt appeal in Circuit Court this month. He was there for the same two reasons. I was ably represent by Zoa Barnes at that hearing, and I sat with her at the Petitioner’s table. Aaron sat near the back of the courtroom on the opposite side from where Brett Kimberlin sat.

In one sense, my friend Aaron Walker has been at my side through all this nonsense with Bill Schmalfeldt. More important, he’s had my back. And so have a lot of other people—if I tried to name them all, I’d probably screw up and forget some of them, but they know who they are. I want to thank all of them.

Schmalfeldt is not only a liar, he’s a loser. The Circuit Court reversed the findings of the District Court in the first Hoge v. Schmalfeldt peace order case. In throwing out Schmalfeldt’s Motion of Dismiss, it effectively ruled that the District Court erred in it’s dismissal of the second peace order case. (I didn’t appeal that case because I felt certain of winning the appeal of the first. Why go to the expense of a redundant peace order appeal?) The Circuit Court found that Schmalfeldt did, in fact, engage in the harassment underlying the peace order petition. The related criminal charges were nolle prossed by the State’s Attorney’s Office. Nolle prosequi is not an adjudication on the merits of the prosecution or on the guilt or innocence of the accused. It isn’t a guarantee that the defendant will not be later recharged. Indeed, prosecutors use nolle prosequi instead of outright dismissals so that a defendant may be recharged without running afoul of a double jeopardy claim. Schmalfeldt has never been found not guilty; he has only temporarily beaten the rap. Now that a higher court has found that Schmalfeldt engaged in harassment, the State’s Attorney could recharge him with a reasonable expectation of getting a conviction in the District Court.

Bill Schmalfeldt is huffing and puffing about legal action again. Before he brings a lawsuit against anyone, he should consider that a plaintiff who does not cooperate with the discovery process can expect to have his case dismissed with prejudice.

He can huff and puff all he pleases. If he’ll look at the pictures of my house he downloaded, he’ll see that I’m the one who lives in a house made of bricks.

UPDATE—Any decision to recharge Bill Schmalfeldt is a matter for the Carroll County State’s Attorney’s Office. Their decision to nolle pros the cases was based on the failure of the related peace order petitions in the District Court where the same judges would try the criminal cases. I was told that a successful appeal might lead them to reevaluate the cases.

My appeal was successful. The State’s Attorney’s Office has the option of refiling some or all of the charges.

I am gratified to know that the Cabin Boy intends to share this post with the Howard County State’s Attorney’s Office, but I don’t understand why. This post documents one of the falsehoods that he uses to try to establish that Aaron Walker has practiced law in Maryland. That may tend to diminish his credibility with the State’s Attorney’s Office. Moreover, it’s one thing to have a hazy recollection of a past event, but it’s quite another to get a whole story substantially wrong. There’s enough provably false material in his email that the Cabin Boy may have bought himself some trouble. See Md. CRIMINAL LAW Code Ann. § 9-503. The idea that Aaron Walker was practicing law in Maryland in the Kimberlin v. Allen case was also part of a accusation Brett Kimberlin made in a bar complaint in Virginia last year. I’ll bet that the Virginia State Bar will be willing to share their findings with their Maryland colleagues. They found the complaint to be baseless.

I’ll also point out that a Circuit Court has found that he has engaged in harassment. If memory serves, the Howard County charges against Schmalfeldt were nolle prossed as well. Is he trying to get the Howard County State’s Attorney to reexamine the complaints by Lee Stranahan and Aaron Walker in light of the Carroll County finding?

As to a malicious prosecution lawsuit such as the Cabin Boy has mentioned, one of the elements he would have to prove is a lack of probable cause in the criminal cases. The Circuit Court’s finding that he engaged in harassment would support that I had probable cause to believe that he was engaged in harassing me by various means. Wouldn’t that gut any potential case?

A Day at the Range


It’s been a busy week, so it was great to go do something relaxing today. Our family took the Walkers, who have been our house guests for the past few days, shooting at a favorite indoor range.

Aaron has been a long time defender of the Second Amendment but has only recently become an ardent practitioner. Mrs. Walker has taken up shooting even more recently. I spent the afternoon coaching her. Most of her practice was done at fairly close range with a .380 ACP pistol similar to one she has. However, after her confidence improved, she tried my .45, and she did quite well for a beginner. The target on the left was shot at 25 yards.Day_at_the_Range20130302.001