Team Kimberlin Post of the Day


Essentially all of Team Kimberlin’s attempts to use lawfare to punish their enemies have backfired since the beginning of 2012. However, some of the pushback against them have been successful. One of the earliest successes was the granting of a peace order against Bill Schmalfeldt as a result of his online harassment of me. That success led to yet another failure of Team Kimberlin’s lawfare. Rather than quietly accept his lose in court, Bill Schmalfeldt appealed that first peace order. Six years ago today, I ran this post titled #BillSchmalfeldt Thinks He’s Appealing.

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The question to be decided is whether or not the Maryland Court of Appeals will agree.

I received a Notice of Appeal from Bill Schmalfeldt in the Hoge v. Schmalfeldt peace order case.  I note that it was sent by Schmalfeldt himself and not a lawyer, so I suppose that means that he is proceeding pro se. I will be interested to see how well he does drafting his Petition for Writ of Certiorari to the Court of Appeals. My lawyer will, of course, be filing a Response, and we’ll see if the Court takes the case.

I doubt that Schmalfeldt has any real grounds for appeal. OTOH, the Court of Appeals might take the case in order to specifically clarify that electronic harassment is covered by the peace order statute.

Meanwhile, the Circuit Court’s order remains in effect.

UPDATE—Assuming the Court of Appeals takes the case, by the time certiorari is granted, briefs filed, and oral arguments heard, the Peace Order may have expired—making the case moot.

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As the Gentle Reader who has been following The Saga of Team Kimberlin for a while may remember, Schmalfeldt failed to obey that peace order. As a result, it was extended, so it was in force longe enough for the Court of Appeals to reject his appeal—not for mootness but for lack of merit.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


I’ve spent a sizable portion of the past seven years dealing with absurd demands for various members of Team Kimberlin. Some of the sillies have come from The Dreadful Pro-Se Schmalfeldt. The TKPOTD for four years ago today opened with ridicule of one of the Cabin Boy’s™ demands and also posted one of the motions to dismiss I filed in LOLsuit IV: The Voyage to Oblivion.

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Now that so many other people are archiving his blogging, I no longer regularly read the Dreadful Pro-Se Schmalfeldt meanderings on his blog du jour. I’m told that he wants to charge me a license fee for using his name and and image in my reporting about him and his buddies with Team Kimberlin.

Bwahahahahahahahahahahahahahaha!

Before making such a foolish assertion, he should have talked to a lawyer who could have explained case law such as Lawrence v. A. S. Abell Co., 299 Md. 697 (1984) to him.

And in other news concerning the Cabin Boy™ …

Yesterday, I mailed a reply to his opposition to my motion to dismiss his current LOLsuit for improper venue to the court. I also served the Cabin Boy™ by mail.

The reply speaks for itself, and I do not intend to make any further substantive public statements about the motion until the court has ruled on it.

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Because the judge found that Schmalfeldt had sued me in the wrong court, she was able to dismiss the case without having to bother considering whether the Cabin Boy™ had stated a claim upon which relief could be granted.

None of the LOLsuits he’s filed against me have ever made it past a motion to dismiss for venue or lack of personal jurisdiction.

Losing losers gotta loose.

Schmalfeldt Assists Alex Jones


Not directly, but quite ironically.

Let me explain.

I’ve been remiss in keeping up with my reporting on the Gilmore v. Jones, et al. defamation LOLsuit filed in the U. S. District Court in Charlottesville, Virginia. Brennan Gilmore took the cell phone video of a car ramming into a crowd of protestors in Charlottesville that was posted on Twitter. He is suing Alex Jones and others, claiming that their comments about him and his connection to the event he recorded were defamatory.

IANAL, but it seemed to me that the existing case law would lead the judge to dismiss the case. However, he denied most of the motions to dismiss, allowing the suit to go forward against most of the defendants. Because the judge’s ruling appears to be at odds with case law, the lawyers representing a group of defendants which includes Alex Jones have filed a motion seeking either reconsideration of the ruling or permission to file what is called an interlocutory appeal of that ruling. An appeal would allow the Fourth Circuit to rule on the matter before any significant time and resources are spent on discovery and, perhaps, a trial. Aaron Walker, the lawyer representing a second group of defendants, has filed brief supporting the Jones, et al. motion. (Disclosure: I work with Aaron as a paralegal on First-Amendment-related cases.) Two of the cases he cites in his brief are Schmalfeldt v. Grady, et al., No. 4:17-cv-01310 (D.S.C. 2017) and Schmalfeldt v. Johnson, et al., No. 15-CV-1516 (E.D. WI. 2016).

So it may be that Bill Schmalfeldt’s ineptly conducted pro se lawfare will provide support for the dismissal of a suit against Alex Jones.

Heh.

Team Kimberlin Post of the Day


When Lee Stranahan and Aaron Walker sought the assistance of Howard County, Maryland, in protecting their families from online harassment by Bill Schmalfeldt, they were told that by the State’s Attorney’s Office that no charges would be brought against Schmalfeldt. Further, the Walkers were told

If you’re so concerned for your safety, stay out of Maryland

Stay off the Internet if you don’t want to be harassed.

I found such a response to be appalling, and organized an Everyone Blog About the Howard County State’s Attorney Day. The following post ran six years ago today.

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Tomorrow is Everyone Blog About the Howard County State’s Attorney Day. If you’re going to participate, let me know via a comment, tweet, or email so that I can link to your post on Monday.

Do these two statement accurately reflect the policies of the Howard County, Maryland, State’s Attorney’s Office?

If you’re so concerned for your safety, stay out of Maryland

Stay off the Internet if you don’t want to be harassed.

They are the sorts of things that were told to the Stranahan and Walker families when the sought help in dealing with Internet harassment and stalking. Hogwash! is encouraging other bloggers to contact State’s Attorney Dario J. Broccolino (contact info and more details here) for clarification and to post the answers received along with any commentary tomorrow on Everyone Blog About the Howard County State’s Attorney Day.

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A year later, I sought help from the Howard County State’s Attorney in dealing with Schmalfeldt’s online harassment. The following post ran five years ago today.

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This morning I met with an Assistant State’s Attorney from the Howard County State’s Attorney’s Office. The subject of our meeting was the disposition of the charge of failure to obey a peace order against Bill Schmalfeldt.

My meeting had certain similarities and certain differences compared to the meetings concerning Bill Schmalfeldt that Aaron Walker and Lee Stranahan had with that office.

The principal difference was that the prosecutor was polite and respectful of me. His conduct was at all times professional.

The principal similarity was that the decision to drop the charge had been irrevocably taken before the meeting. This is troubling because the purpose of the meeting was to provide evidence not contained in the charging document so that a proper decision could be made. Evidence apparently was to have no bearing on the disposition of the case.

I am disappointed.

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<sarc>I’m sure there was my publicly questioning the HoCo State’s Attorney’s policies concerning online harassment had no effect on the Office’s handling of my case.</sarc>

Team Kimberlin Post of the Day


Today is the fourth anniversary of a post at Breitbart Unmasked Bunny Billy Boy Unread by Matt Osborne trying to put a positive spin on the false peace order petition Brett Kimberlin filed against me on behalf of Tetyana Kimberlin’s elder daughter. He ended his post with this paragraph—

How will Hoge cope with being an adjudicated stalker of teenage girls? How will a six-month peace order affect his gun permit, or his employment at the Goddard Space Flight Center? These are the questions BU will ask and try
to answer. Stay tuned!

Ask stupid questions and you’ll get unexpected answers, Bunny Boy.

I’ve never had to cope with being an adjudicated stalker because both a District Court and a Circuit Court judge saw through Kimberlin’s lies. Even if the peace order had gone through, it wouldn’t have affected a Maryland gun permit, but since Maryland is a may-issue (read, won’t-issue) state, I don’t have a Maryland carry permit. I was told that the peace order petition and the Kimberlin and Schmalfeldt emails to NASA did result in criminal investigations being opened, but I was not a target.

Because they didn’t fit Kimberlin’s false narrative, BU never published the answers to those questions.

BTW, Osborne’s post was still up as of 9:30 pm, 8 March, 2019.

Team Kimberlin Post of the Day


Four years ago today, Bill Schmalfeldt filed LOLsuit III: The Search for Schlock in the U.S. District Court for the District of Maryland. I took notice of his action in a post titled In Re a LOLsuit.

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The Dreadful Pro-Se Schmalfeldt is at it again.

He has also filed an application to proceed in forma pauperis.

I do not plan to make any substantive comment on this suit until I have thoroughly reviewed the complaint.

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Now that the suit is long dead, I’ll offer this comment: Bwahahahahahahahahahah!

Although the suit could have been dismissed for failure to state a claim upon which relief could be granted, the judge didn’t have to get that far into the complaint. TDPS had filed in the wrong court, so the case was kicked for lack of jurisdiction. That led the Cabin Boy™ to file LOLsuit IV: The Voyage to Oblivion in the Circuit Court for Howard County, Maryland. Although that suit could have been dismissed for failure to state a claim upon which relief could be granted, the judge didn’t have to get that far into the complaint. Schmalfeldt had filed his state complaint in the wrong county, so the suit was dismissed for lack of jurisdiction.

The Cabin Boy™ left me out of his lawfare attempts until he got around to filing LOLsuit VIII: Avoiding Contact in the U.S. District Court for the District of South Carolina. Although the suit could have been dismissed for failure to state a claim upon which relief could be granted, the judge didn’t have to get that far into the complaint. The judge found that … wait for it … the court lacked personal jurisdiction over any of the defendants, so the case was dismissed for lack of jurisdiction.

Everything proceeded as I had foreseen.