Team Kimberlin Post of the Day

It was six years ago today that Bill Schmalfeldt’s LOLsuit IV was dismissed. Of course, that called for a Qapla’ post.

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The Schmalfeldt v. Hoge, et al. LOLsuit has been dismissed by the Circuit Court for Howard County.Qapla20150624

More later.

UPDATE—I haven’t received a copy of the order yet, but it appears that the entire case has been dismissed. That would be in line with a finding of improper venue for me. Venue would have been proper in Howard County if the court had jurisdiction over the other defendants, so for venue to be improper the suit would have to have been dismissed for them as well.

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Indeed, the dismissal was for improper venue. The Cabin Boy™ never figured out the proper court for any of his LOLsuits. The Dread Deadbeat Pro-Se Kimberlin didn’t do much better. Three of the four LOLsuits he filed against me dismiss for failure to state a claim and, alternatively, improper venue.

Team Kimberlin Post of the Day

Pretty much everything the members of Team Kimberlin try fails or, at best, performs below their expectations. Their campaign of lawfare is the prime example, of course. The TKPOTD dealt with one of the many failures associated with The Dread Deadbeat Publisher Kimberlin’s flagship PR operation, Breitbart Unmasked Bunny Billy Boy Unread.

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The Gentle Reader who has been following The Saga of Team Kimberlin for a few years may remember that in early 2017 Bill Schmalfeldt used his position as editor of Breitbart Unmasked Bunny Billy Boy Unread to publish a series of defamatory posts accusing me of plagiarism. He used without permission material from Hogewash! in one those posts, so I filed a DMCA notice with the ISP hosting BU which resulted in BU receiving an email which read in part:

For your information, I have received the following/attached notice of copyright infringement. The infringing materials must be removed from your site within 24 hours, or under the Digital Millennium Copyright Act (DMCA), we are required to block access to your site. Once we have had to do that, we cannot unblock it for a minimum of 10 days after you respond with the proper counter-notification under the DMCA or the individual submitting the notification advises us that the material has been removed.

Filing a counternotice would have required providing information concerning the actual ownership of BU and information for service of process on the owner and/or operator. Rather than give up that information, the site was moved offshore, first to Iceland and then to Holland. The Cabin Boy’s™ Breitbit News site moved to the same server at about the same time.

The other site hosted on that Dutch server is empr dot media, a Ukrainian “news” site. Of course, it could be purely coincidental, but I find it interesting that BU moved to a server hosting a Ukrainian PR website while Brett Kimberlin was working closely with a Ukrainian-American operative of the Democratic National Committee on a project to dig up dirt on the Trump Administration.

Hmmmmm.

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Although, the BU site hasn’t had any new material since Bill Schmalfeldt went off for a winter vacation in Montana in late 2018, the Cabin Boy™ still maintains a connection, having tweeted a link to one of his defamatory posts only a few months ago.

Team Kimberlin Post of the Day

Today is the eight anniversary of the first peace order issued against a member of Team Kimberlin, my first peace order against Bill Schmalfeldt. This post told My Side, Part 2, of my initial legal response to harassment from Team Kimberlin.

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Gentle Reader, here’s the second installment in my side of the story of my adventures with Team Kimberlin.

As those of you who have been following the Saga of The Dread Pirate Kimberlin and Team Kimberlin will remember, Cabin Boy Bill Schmalfeldt spent months harassing Lee Stranahan and his family with disgustingly crude filth, including incessant and impertinent questions regarding the death of a child during childbirth. On Monday, 11 February, Lee came to Maryland from Texas to file a harassment charge against Schmalfeldt. I picked Lee up at BWI airport, took him to dinner, took him to the District Court Commissioner’s Office, put him up for the night at my house, and dropped him back at the airport on Tuesday morning. BWI is just off of one of the routes I take to work.

On 14 February, I received 40 tweets in less than one hour from @BreitbartUnmask ranting about Lee Stanahan, Aaron Walker, and me. Just after midnight on 15 February, I posted a notice on this blog and on Twitter addressed to @OldUncleBastard, @BreitbartUnmask, and @OccupyRebellion demanding that they stop communicating directly with me. Note: The date/time stamps on the tweets in this post are in GMT; I’ll convert important ones to Eastern Time for clarity.cease tweet

Later that day, Schmalfeldt sent a tweet via his @OldUncleBastard identity referencing my demand. He was clearly on notice.

OldUncleBastard @Xcitizen10 @BreitbartUnmask A commentator on @wjjhoge’s blog post http://t.co/uZkIc4lA explains what the right wing mafia cabal wants.
6:37 PM Feb 15th from web

Click on that link yourself and see. The time stamp on the tweet converts to 1:37 pm Eastern Time.

He continued to send tweets to my @wjjhoge account. Between the tweet cited above and around 7:27 pm on 18 February, 2013, Schmalfeldt sent 11 more tweets to @wjjhoge. Because of this continued messaging following my demand to cease as well as other matters, I filed an Application for Statement of Charges on 18 February, 2013. Schmalfeldt was charged with both Harassment under §3-803 and Misuse of Electronic Communication under §3-805. Even though he was on notice and had had criminal harassment charges filed, Schmalfeldt kept sending me tweets and addressed a blog post to me—not a post about me, one addressed to me.

At midday on 18 February, 2013, during his Internet radio broadcast, Schmalfeldt made the following threat at around 1:02:40 into the program:

It’s all horseshit. It’s all absolute horseshit. And I and my family have been put through pain and suffering because Lee Stranahan has a grudge. Because somebody, in my opinion, is paying Lee Stranahan to file these charges against me, in the hopes that I will either break or die.  I got some fucking news for you, Stranny [pause] Walker, Hoggy, Frey [pause] and Frey [pause] beware the Ides of March.

Here is an mp3 file of the threat.

If Schmalfeldt were not associated with Team Kimberlin, I would have taken that threat as empty bloviating. But, given his connection to Kimberlin, the persons threatened, and our upcoming schedules, we all took the threat seriously. You see, the Ides of March fell during the Conservative Political Action Conference this year, and three of the persons threatened planned to be at CPAC and to attend BlogBash. BlogBash is a blogger party/awards ceremony that is loosely associated with other events, one of which is the CPAC. As it turned out, there were additional threats made to BlogBash which caused the PG County Police to beef up security around the event. So I was not the only person to take such a threat seriously.

After he was charged on the 18th, he sent an additional 31 tweets. This the last of those tweets, time stamped at 8:17 am ET, Schmalfeldt sent out prior to being served with the peace order:

LiberalGrouch I wonder what @wjjhoge got by way of payment. Something to comb out the poop flakes from his beard? Hah. I kid. I’m a kidder. I kid that way.
1:17 PM Feb 17th from web

Aside from the juvenile attempt at potty humor, this tweet implies that I have been lying about being paid to blog or making money off donations or that I’ve been helping my friends Lee Stranahan and Aaron Walker from any motivation other than friendship. Let me state this very clearly: Until I recently set up a tip jar after my retirement from working full-time, I had never been paid to write anything on this or any other blog. Even today, I have never received any donation or benefit from any of the bloggers or organizations I have promoted on this or any other blog. This blog is a hobby and an expensive one. I have personally borne all of the expense associated with it, including legal costs. I’ve been able to do this because, until the end of May, I have had an above average income working in a very senior engineering position. I’m getting old and have now retired from full-time work. I’ve put up a PayPal tip jar and and Amazon Associate’s link. In the first two weeks, I’ve earned almost as much money as I net from 0.2 hour of part-time work at my current billing rate. If I’m lucky, I may earn enough to keep up with the web hosting expenses for this site.

On 19 February, 2013, the Breitbart Unmasked website published a post with Schmalfeldt’s Liberal Grouch byline. This was not a post about me. It was a post addressed to me. The about versus to is an important distinction. Bill Schmalfeldt, or anyone else for that matter, has a First Amendment right to write and speak about me (assuming he can stay with in the bounds of defamation or illegal threats), but he has no right to speak to me. I have a right to be left alone. The headline addressed the post to me by name:

Stranahan. McCain. Akbar. Worthing. Hoge. Frey. THIS IS ON YOU!

The post contains the following:

Will it make you feel more like a man instead of some crawling thing, Hoge?

and

Hoge. You are filth. You add nothing to the world. You are a stain. You know it. I know it. And that is why I must be killed.

Neither I nor, so far as I know, any of the others addressed in that post have ever threatened Bill Schmalfeldt.

Because these annoying and alarming communications directed to me continued after I had demanded that they stop, continued after the demand was tacitly acknowledged, and even continued after I had filed a harassment charge, I filed for a peace order on 21 February, 2013, and a temporary order was granted by Judge Rasinsky. According to the report from the Howard County Sheriff’s Office (as reported to me by the Carroll County Sheriff’s Office), Schmalfeldt was served at approximately 9:15 am on 22 February, 2013. At or around 9:17 am on that date, he sent the following tweet:

LiberalGrouch A person who I will refer to by the pseudonym “Hoggy” has served me with a Peace Order. Two very nice Sheriff’s deputies just dropped by.

During the hearing for the permanent peace order on 28 February, 2013, Schmalfeldt authenticated all of the tweets, blog post material, and audio presented to the Court. However, Judge Rasinsky did not understand that Schmalfeldt had sent a tweet that acknowledged the notice to cease and desist, and Schmalfeldt lied, saying that he had received no notice. Lacking notice, Judge Rasinsky did not issue the permanent order, but he put Schmalfeldt on notice to stop:

The warning I want to give you is very specific, and it’s not an unusual warning for me to give. The battle line is drawn. He doesn’t want to hear from you, and that means no specific things addressed to him. If I was convinced that you had been put on notice and there were a course of conduct specifically addressed to him, I believe that that is something in the ordinary context of events that this statute would cover. Ah, I didn’t write the statute, but it’s constitutional up to this point, and it can circumscribe various freedoms that you might, in fact, have. Plus, it can also subject you ultimately, as it already has, to a criminal case where you may or may not win, I don’t know, [inaudible] look at the criminal case. I have it here. [inaudible] You’ve got to ask yourself, “Is it worth it?” You may conclude that it is. Some people, ah, are willing to go to jail for their beliefs, but I see that as a risk in this, ah, ongoing exploration of Internet First Amendment rights. Just a thought to share with you. I’m not going to grant the Peace Order for the reason I stated, but you are on notice, and hopefully, ah, you’ll abide by the conditions that Mr. Hoge has imposed in terms of your contact with him, and, ah, continue your debate in a peaceful, civil, and legal manner.

While I was exiting the courtroom after the hearing, I overheard a very loud conversation between Tae Kim (Schmalfeldt’s counsel), Bill Schmalfeldt, and Brett Kimberlim informing them that they had been lucky that day but could expect to go to jail if they kept up the harassment. This conversation was also overheard by two other witness.

Judge Rasinsky explicitly rejected Schmalfeldt’s contention that as a journalist he has a right to continue to “ask questions” of someone after being told to cease and desist. However, in another peace order hearing in Howard County (Walker v. Schmalfeldt), Judge Zwaig ruled, in what seem to be an odd extension of New York Times v. Sullivan, that Aaron Walker was enough of a public figure that he had to put up with Schmalfeldt’s harassment. In both cases, Schmalfeldt’s lawyer argued that he was a journalist entitled to some sort of special protection.

During early March, Schmalfeldt had continued communicating with me in spite of Judge Rasinsky’s warning. I filed for a second Peace Order. At the final hearing on 25 March, 2013, Judge Ellinghaus-Jones ruled that because the communications were electronic, she could not issue a peace order. After beating that peace order, Schmalfeldt, believing that he could do whatever he pleases, kept up tweeting. During that hearing, Mr. Kim argued the neither his client nor I were journalist but that we were a couple of old cranks having a shouting match on the Internet.

So as of the end of March, Bill Schmalfeldt was able to brag that he had beaten three peace orders. Once by lying and twice by alternately claim that he was or wasn’t a journalist. In mid April, the Carroll County States Attorney’s Office decided not to prosecute any of the charges filed against Scmalfeldt that were related to the peace orders, their reason being that if I couldn’t convince a District Court judge to a clear and convincing standard, they wouldn’t convince the same judge beyond reasonable doubt. The State’s Attorney’s Office did tell me that the charges could be refiled if I were to win a peace order on appeal.

Because I believed that I had air-tight documentation to refute the lie about not being on notice, I appealed the first peace order to the Circuit Court. During the District Court hearings, I had represented myself. I hired a lawyer (Zoa Barnes) to handle the appeal. As part of that appeal, she subpoenaed documents that might be shed light on Schmalfeldt’s motivation to harass me. His lawyer filed a Motion to Quash the subpoenas. The Gentle Reader who has been following this saga may remember that Schmalfeldt was subpoenaed for documents and as a witness for the Hoge v. Kimberlin peace order appeal in May and that he didn’t bother to provide the documents or show up to the hearing. Mr. Kim also filed a Motion to Dismiss based on the same electronic-harassment-isn’t-covered argument that worked in the District Court.

It didn’t work with Judge Stansfield today, and he quickly threw out the Motion to Dismiss. Rather than argue the Motion to Quash, my lawyer asked if Schmalfeldt had brought the subpoenaed document. He hadn’t, so the judge ruled the motion moot, and the hearing began.

After opening statements by the lawyers, I took the stand and outlined for the judge (with greater detail) the facts you’ve just read. On cross examination, Mr. Kim tried to make the case about my “wanting to get” Brett Kimberlin. I replied that the case was based on Bill Schmalfeldt’s behavior toward me. And the petitioner rested.

Bill Schmalfeldt took the stand on his own behalf. He misrepresented Twitter’s Rules and Best Practices about the use of @Replies, but my lawyer had already introduced Twitter’s actual rule into evidence, so the judge was not misled.

During his closing argument, Kim brought up a federal case, U. S. v. Cassidy, that he tried to use a precedent for a First Amendment defense of Schmalfeldt. As Ms. Barnes pointed out, that case was not gemane; it deals with whether Internet harassment is covered under the Violence Against Women Act.

Judge Stansfield ruled in my favor. He found that Bill Schmalfeldt engaged in a continuing pattern of conduct to harass or annoy me, that he continued to do so after being told to stop, and that he did so without any lawful purpose. He also found that Bill Schmalfeldt was likely to continue that behavior and, on that basis, he issued a peace order.

What does that mean?

First, Bill Schmalfeldt has been adjudicated as a harasser.

Second, if he doesn’t leave me alone for the next six months, he can be charged with a crime.

What does it not mean?

It doesn’t mean that the First Amendment is trouble, at least not because of this ruling. Bill Schmalfeldt is still free to write about me so long as he steers clear of threats or defamation. He simply needs to stop addressing me directly.

It does not mean that any Twitter user is in any jeopardy as long has he abides by Twitter’s Rules and Best Practices if he has been told to stop bothering someone else.

As I’m finishing this post, the Cabin Boy is frothing at the keyboard about how his loss in court may shutdown Twitter and end online journalism.

My final word is this—

Bullshit!

UPDATE—One more thing … Bill Schmalfeldt has written in the past of how the District Court judges dealt with me. I wish to state that much of what he wrote is categorically untrue. At all times while I was in their courtrooms, Judges Effinghaus-Jones and Green acted professionally and treated me with respect. Indeed, I was particularly impressed with Judge Green’s demeanor and the kindness he showed to everyone who appeared before him.

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He should have quit while he was only one loss behind.

Team Kimberlin Post of the Day

One of the ways that Team Kimberlin has attempted to harass people who’ve written about them is by filing false copyright complaints; One of these days, I should probably add up all of the ones filed against me—like the one covered in this DMCA Legal LULZ Du Jour from four years ago today.

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I received this email from WordPress yesterday afternoon—

IIRC, all of the images that the Cabin Boy™ bitches about in his DMCA notice were published on Twitter. That gives other Twitter users a royalty-free license to republish them. Now, I don’t know whether all of the commenters involved have Twitter accounts, but even use by someone who isn’t a Twitter user or use of an image not published on Twitter would probably be covered by Fair Use as noted in Twitter’s email.

BTW, it was a righteous DMCA notice concerning an image that the Cabin Boy™ foolishly used that forced Breitbart Unmasked Bunny Billy Boy Unread to flee to an off-shore server.

Failing failures gotta fail.

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Team Kimberlin has never prevailed in any claim against me. I, on the other hand, have won a few, and I’m not done with them yet.

Team Kimberlin Post of the Day

Quite often, the members’ of Team Kimberlin delusions of adequacy lead them to make demands for things they are entitled to. This Prevarication Du Jour from seven years ago today dealt with one of Bill Schmalfeldt’s vain attempts to be a Grand Inquisitor.

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Not surprisingly, we have another one from the Cabin Boy™. (H/T, @embryriddlealum)@PatO201505040051ZAccording to their communication with me, CreateSpace doesn’t need to see any documentation from me. They’ve pulled Schmalfeldt’s book until a “resolution has been reached between both parties.”ECR_Email20140430

Since I do not wish to grant permission to anyone to publish the work in question in book or ebook form, the matter is now resolved as far as I’m concerned.

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And that was that.

Team Kimberlin Post of the Day

Team Kimberlin’s whole pitch is based on lies, lies that they have told clumsily. The TKPOTD for six years ago today was about one string of them.

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The Cabin Boy™ has been running off at the keyboard throwing accusations and threats here and there and generally acting peevish when the only result is snickering.

I’ve been reviewing the backups of his Twitter timelines and various blogs for … well, let’s just say I’ve been looking them over, and it’s really quite amazing how he’s consistently managed to be so wrong about so much. For example, here are some tweets from 2013.

This one was sent in early August about seven weeks after a Circuit Court judge had ruled that he had been contacting me via @mentions on Twitter.RadioWMS201308051649Z

At the end of August, 2013, The Dread Pro-Se Kimberlin filed his Kimberlin v. Walker, et al. nuisance lawsuit that include me as a defendant. In mid September, the Cabin Boy™ tweeted this.TS201309182123ZBill Schmalfeldt hears lots of stuff. Enough stuff that he should consider having more regular med checks. In any event, I didn’t scramble to get out of that law suit. I won it. Oh, and if you want to know what Kimberlin Unmasked is up to, check out kimberlinunmask.com.

The voices were talking to the Cabin Boy™ again later in September.ffr201309292102ZOf course, I didn’t withdraw that peace order. First, I wouldn’t have if I could. Second, I couldn’t. At most, I could have petitioned the court to modify it, and that’s what the Cabin Boy™ did. The hearing on his petition was set for 10 October, and he had all sorts of plans for me. BTW, the order was constitutional and the Court of Appeals declined to hear Schmalfeldt’s appeal of the order.frr201310051156Z

And not a single one of the 24 statements that The Dreadful Pro-Se Schmalfeldt ranted about was shown to be false. I wasn’t arrested for perjury. I didn’t leave the courthouse in handcuffs—not in October or, again, in December after the hearing to extend the peace order. The Cabin Boy went by the District Court Commissioners Office to try to file a charge of perjury against me after the December hearing. Nothing came of it.

The Cabin Boy™ goes on and on about how everyone else is lying. If that were so, after so many years, one of us should have screwed up and got caught.

OTOH, maybe we’re telling the truth, and Bill Schmalfeldt isn’t.

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Heh.

Team Kimberlin Post of the Day

Team Kimberlin tell lies, and as this Prevarication Du Jour from six years ago shows, some of them are pointless and mindlessly stupid.

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@GrouchyOldLib201505202225ZThe Cabin Boy™ hears all sorts of things. Sometimes they’re from such questionable sources as The Dread Pro-Se Kimberlin. Other times, I’m not sure of the source of the voices he says he’s hearing.

BTW, if anyone does need to look up my contact information at Goddard, I’m listed as William J. Hoge.

I’m not sure what the Cabin Boy’s™ purpose is for spinning such outrageous stories, unless he is trying establish a sterling reputation for making it up as he goes along and a proven track record for being wrong.

UPDATE—Why make you have to search for the info? Here’s my current listing in the NASA Directory.Hoge NED

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My work at Goddard still constitutes the bulk of my day job. (Hogewash! is run as a business, but the resulting income is trivial compared to my engineering work.) I’ve enjoyed working on a wide variety of projects for NASA. As part of those projects, I’ve designed ultra-quiet power systems for an x-ray telescope and the analog portion of the refrigeration system for another x-ray telescope that maintained the instrument’s detector at 0.05 degrees above absolute zero (± 0.000001 degree). I’ve designed GPS receivers for use in orbits out beyond the GPS satellite constellation. Presently, I’m working on the control electronics for a robot arm that will be used on a satellite that services other satellites and on the control electronics for a scanning LIDAR intended for use on robotic and remotely piloted spacecraft.

During my 21 years with Goddard, I retired twice. The first time was in 2013 when Mrs. Hoge began working on a degree in Landscape Architecture. I was 65-1/2 and decided to play househusband. After about six months, I was asked to return to help with some design issues on a weather satellite’s power system. I retired again after my wife’s cancer diagnosis to help get her treatment under way. Again, I was asked to return after about six months. I’ve been back ever since.

IIRC, Bill Schmalfeldt hasn’t been asked to return to any of the jobs from which he has “retired.”

Team Kimberlin Post of the Day

The members of Team Kimberlin have often acted as if they believe they are entitled to special treatment, that they have the right to demand compliance with their wishes. This Prevarication Du Jour from seven years ago show one example of their sense of entitlement.

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Not surprisingly, we have another one from the Cabin Boy™. (H/T, @embryriddlealum)@PatO201505040051ZAccording to their communication with me, CreateSpace doesn’t need to see any documentation from me. They’ve pulled Schmalfeldt’s book until a “resolution has been reached between both parties.”ECR_Email20140430

Since I do not wish to grant permission to anyone to publish the work in question in book or ebook form, the matter is now resolved as far as I’m concerned.

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As I’ve remarked on previous occasion, Schmalfeldt has the right to remain silent, but he lacks the self-control to do so.

Team Kimberlin Post of the Day

Back in 2014, Bill Schmalfeldt published a book called Intentional Infliction which republished a post by the anonymous blogger Paul Krendler. Schmalfeldt thought that Krendler would have to reveal his real name in order to file a copyright claim.

Then I purchased the world print book and e-book rights to the blog post, and I filed a copyright notice with CreateSpace, the print-to-order service Schmalfeldt was using to publish his book. This I’m Not Making This Up, You Know post from seven years ago today deals with part of Schmalfeldt’s resulting snit fit.

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BS_complaint_20140430The Cabin Boy™ also says: “I have advised Howard County of this, [sic] and will copy them on this complaint.”

Yawn.

I’ll let the Gentle Readers know if anyone contacts me about this.

UPDATE—He forgot Mopery with Intent to Lurk.

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Schmalfeldt found out that filing false complaints can be more trouble than it’s worth.

Team Kimberlin Post of the Day

The Left can’t meme, so it shouldn’t be any surprise when it turns out when Team Kimberlin (leftist all) winds up being the butt of the joke they try to tell about someone else. Five years ago today, one of Bill Schmalfeldt’s memes was Presented With Comment.

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SRUs201604300523ZThe link in the Cabin Boy’s™ tweet takes you to a post at his site which does include a comment asking the visitor to meet Dave and David.

BTW, the image that Schmalfeldt has defaced is Rembrandt’s painting Balaam’s Ass, so the critter in the picture isn’t even a horse.

The story of how Balak, the king of Moab, tried to hire the prophet Balaam to curse the Israelites and how Balaam wound up blessing them is found in Numbers 22 and 23.

He answered and said, “Must I not take heed to speak that which the LORD puts in my mouth?”

—Numbers 23:12

You know, a story about how a bad guy’s plans backfire seems fitting in this context.

UPDATE—Those Gentle Readers who have not yet met Dave and David should check out their work over at the Artisan Craft Blog.

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

Team Kimberlin Post of the Day

After getting LOLsuits III, IV, and V dismissed in short order by state and federal courts in Maryland, Bill Schmalfeldt skulked off to St. Francis, Wisconsin, and it wasn’t long before he filed LOLsuit VI. Five years ago was A Bad Day in St. Francis for the Cabin Boy™.

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Judge Joseph has issued an order dealing with all of the open motions in the LOLsuit VI: The Undiscovered Krendler except for the defendants’ motion to dismiss.

“… nonsensical, not to mention impractical.” Yep, that’s about the size of it.

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It took a couple more LOLsuits for Schmalfeldt to begin to understand how incompetent he is at pro se lawfare.

Team Kimberlin Post of the Day

The members of Team Kimberlin lie so much that I wound up publishing posts called Prevarication Du Jour. Some days even wound up with a Bonus Prevarication Du Jour. One appeared seven years ago today.

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Here’s the sort of nonsense that the Cabin Boy™ is tweeting on his protected Twitter account:PBT20140406Well, let’s see who’s lying.

Here is my answer to his petition for writ of certiorari. It does not even mention Parkinson’s Disease.

Perhaps he means my answer to his motion for reconsideration of the Court of Appeals denial of a stay of the peace order pending appeal. Here are his motion and my answer. In his paragraph 8 he alleges that his Parkinson’s Disease makes travel to Westminster impractical. My answer denies that based on evidence of scheduling arrangements he had already made. I didn’t deny that he had Parkinson’s Disease, I denied the level of incapacitation he claimed—based on evidence.

Ahem.

UPDATE—I denied that the Cabin Boy™ was so incapacitated that it was impractical for him to appear in court for a hearing on his own motion to amend the peace order, and, behold, he appeared in court on 16 October at the hearing. That tends to confirm my analysis.

UPDATE 2—I’m informed that Schmalfeldt has a laundry list of questions I “must” answer over at Patriot-Ombudsman.

Yawn.

He just doesn’t understand that he has no standing as the Grand Inquisitor of the Interwebz, and that no one owes him any answers about anything.

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Given that the Cabin Boy™ claims to be a genuine GS-13 editor with actual Navy PR flack training (JO rating), he must have missed the day they covered fact checking.

Team Kimberlin Post of the Day

Back in 2017, Bill Schmalfeldt moved from Wisconsin to Iowa, and he failed to inform the Circuit Court for Carroll County, Maryland, of his change of address. He was clearly attempting to dodge service of court papers. However, he posted a picture on Twitter of the house he was renting, and four years ago today, that led to this post of An Interesting Google Street View.

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I found this picture while using the Street View function on Google Maps.It looks a lot like this picture that was posted on Twitter.

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Of course, Schmalfeldt was the only member of Team Kimberlin who attempted to dodge service of court papers. He just never was very good at it.

Team Kimberlin Post of the Day

The lame attempts of the Team Kimberlin PR flacks to be clever invariably winds up a source of pointage, laughery, and mockification. The TKPOTD from eight years ago today is about a tweet from Bill Schmalfeldt that blew up in his face.

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LG20130312So far as I know, only one person mentioned in this tweet would have a history that would lead one to suspect him of having a grenade.

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At least there wasn’t an Earth-shattering high-school-parking-lot-shattering kaboom.

Team Kimberlin Post of the Day

Team Kimberlin’s campaign attempting use lawfare in the form of defamation LOLsuits and bogus criminal charges as a means of silencing their critics blew up in their faces when almost all of the defendants vigorously stood up for our First Amendment free speech and free press rights. Eight years ago today, I wrote this post, Blog It Now, about why we bloggers were pushing back against being cancelled.

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In an earlier post today I alluded to Edward R. Murrow’s 1954 See It Now broadcast about Senator Joseph McCarthy. Whether or not one agrees with Murrow’s conclusions, that broadcast is an excellent example of using someone’s own words as criticism against him. Given the various lawfare tactics used by Team Kimberlin over the past couple of years, I’d like to offer this paraphrase of Murrow’s closing words from that broadcast:

We will not be driven by fear if we dig deep in our history and our doctrine and remember that we are not descended from fearful men—not men who feared to write, to speak, to associate, and to defend their causes. This is no time for men who oppose Team Kimberlin’s methods to keep silent. We can deny our heritage and our history, but we cannot escape responsibility for the result. There is no way for a free citizen to abdicate his responsibility. As bloggers we have come into our full inheritance at a tender age. We proclaim ourselves defenders of free speech wherever it exists, but we cannot defend freedom for ourselves by deserting it for others.

The actions of the Cabin Boy from Team Kimberlin have caused alarm and dismay to some amongst our ranks and have given considerable comfort to the enemies of free speech. And whose fault is that? Not really his. He didn’t create a situation of fear; he has merely been used to exploit it. If we allow him to succeed, then Cassius was right. “The fault, dear Brutus, is not in our stars, but in ourselves.”

Good night and good luck. Stay tuned.

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I’m beginning to believe that Kimberlin’s lawfare was a dry run for a proposed larger use of defamation lawsuits by the Left for the purpose of shutting down effective voices on the Right. The initial proposal for the lawsuits came from a minor-league Democrat operative named Neal Rauhauser. Rauhuaser, who appears to have connections to Democrats such as Anthony Weiner, was working with Kimberlin during the period when the first cases were filed. He theorized that the targeted defendants would be intimidated by the suits and would settle out of court. However, it turned out that while we were deplorable, we weren’t a bunch of Neanderthals, and we weren’t frightened and confused by the modern legal system. We fought back and won.

Lawsuits have been a favorite tool for the Left, but I believe Kimberlin’s rather spectacular failures have caused the Left to look for different means of stifling the Right’s free speech, and I note, for example, Twitter began seriously purging accounts of folks on the Right within days of Kimberlin’s first RICO LOLsuit being dismissed.

We won the skirmish with Team Kimberlin because we had the facts and the law on our side and because we were in a venue where the facts and the law mattered.

The battle over cancellation is now in a venue where neither the facts nor the law will matter. If we can’t move the contest to a more favorable venue, we will need to master the rules of the new battleground.

And soon.

Team Kimberlin Post of the Day

Pointage, laughery, and mockification have been strong elements of the coverage of Team Kimberlin’s lawfare here at Hogewash!. Five years ago today, Bill Schmalfeldt’s shenanigans in LOLsuit VI: The Undiscovered Krendler resulted in this I’m Not Making This Up, You Know post.

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Given that every single paragraph of the declaration by Brett Kimberlin filed as an exhibit with the Cabin Boy’s™ motion to disqualify Aaron Walker as defense counsel in LOLsuit VI: The Undiscovered Krendler contains at least one provable lie, …Cheddar201603090233Z… the lack of self-awareness is … well, it’s about average for the Cabin Boy™.

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Oh, what a tangled web gets woven when a perjurer tries to uphold his “sterling” reputation.

Team Kimberlin Post of the Day

For several weeks Bill Schmalfeldt bloviated about how he was going to win a default judgment in LOLsuit VI: The Undiscovered Krendler only to discover that the defendants had retained counsel who filed timely motions to dismiss the case. He seemed particularly worried when he found out Aaron Walker was the lawyer who had taken the case. The Cabin Boy™ quickly filed a rather silly motion seeking to have Aaron disqualified from the case. Among the massively wrong-headed exhibits filed with that motion was a declaration by Brett Kimberlin. This post, Brett Kimberlin “Misstates the Facts”, ran five years ago today.

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I see that the Cabin Boy™ has posted the six exhibits attached to his motion to disqualify Aaron Walker as defense counsel in LOLsuit VI: The Undiscovered Krendler. This is the first in a series of posts evaluating the quality of his evidence. It seems that The Dreadful Pro-Se Schmalfeldt is in full panic mode now that his plans for an easy default judgment have evaporated. His motion and its exhibits have the look of a half-baked attempt to smear Aaron Walker in the eyes of Judge Joseph. Nothing in the motion is germane to the case.

Exhibit 1 is a declaration under penalty of perjury by Brett Kimberlin. Here it is as posted by the Cabin Boy™. (Note: I have not redacted anything. I figure if Schmalfeldt put it online and published a link to it, then Kimberlin can discuss any lack of redaction with him.)

We’ll go paragraph by paragraph.

1.  According to Aaron, he did not meet Kimberlin until 9 January, 2012. That was the date the mythical assault allegedly occurred. Kimberlin sought a peace order based on his alleged assault and harassment, but the judge who issued the order found that no assault occurred and issued it based on harassment only. Additionally, the order was overturned on appeal. Thus, Kimberlin should be collaterally estopped from making that allegation again, but he keeps trying to recycle it. Further, one of the things he sued Aaron about in the Kimberlin v. Walker, et al. nuisance LOLsuit was Aaron’s claim that Kimberlin tried to frame him for the assault. Aaron won that suit. Thus, Kimberlin is also barred from making this assault claim by res judicata.

2. Kimberlin also claimed in Kimberlin v. Walker, et al. and in Kimberlin v. National Bloggers Club, et al. (II) that Aaron defamed him when Aaron told his side of the story of his firing after Kimberlin contacted his employer. Brett lost both suits. That’s a double helping of res judicata. Also, Brett spun his tale of how Aaron’s firing allegedly occurred by selectively publishing emails obtained in sealed discovery.

3. Frivolous criminal charges? There’s photographic evidence, some of which was published on Breitbart Unmasked, that documents Kimberlin’s stalking of Mrs. Walker. Also, not every lawsuit filed against Kimberlin has been dismissed. The Walker v. Kimberlin, et al. suit is alive and well and is headed for a motions hearing on the 10th. A five year campaign? 2016 – 2012 = 4.

4. Aaron Walker has never prepared a motion or other court paper that I have submitted to any court.

5. Brett sued Aaron for defamation concerning what Aaron wrote about pedophilia and terrorism, and Brett lost.

6. What documents? When has Aaron ever lied under oath? Put up or shut up.

7. Tetyana Kimberlin sought help during her domestic problems with her husband in 2013. Aaron offered her pro bono assistance until Zoa Barnes was hired as her attorney. The false claim that Aaron has harassed Tetyana’s older daughter was examined by the Montgomery County State’s Attorney’s Office when the Grace’s Law charge was filed last year. They dropped the charge for lack of evidence.

I’m an engineer not a lawyer. “Misstating the facts” is lawyer speak for what we engineers call lying. Brett Kimberlin is a liar.

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I should clarify point 4 above. It was true at the time I wrote the original post. Subsequently, I hired Aaron to represent me in a matter before the Fourth Circuit Court of Appeals. He filed several motions and other papers on my behalf in the course of his winning the case for me.

Team Kimberlin Post of the Day

At one point during the Hoge v. Kimberlin, et al. lawsuit, Bill Schmalfeldt made me a rather unattractive settlement offer. My public response four years ago today was Go Ahead. Make My Day.

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Last December, the Cabin Boy™ asked me to make him a confidential settlement offer in the Hoge v. Kimberlin, et al. lawsuit. After due consideration, I made him an offer in January which 1) he published on one of his now defunct blogs and 2) he rather rudely declined. Yesterday, he made me a settlement offer.fmp201702230511zThe offer I made in January was my best and final offer, and it has expired. That offer represented the only terms under which I would have been willing to settle the lawsuit with the Cabin Boy™, but I am no longer willing to settle. Schmalfeldt’s rejected my offer, and it was his last chance to avoid going through discovery and trial.

He can publish whatever offers he wishes. But his time probably would be better spent meeting his obligations in discovery.

Murum aries attigit.

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Because the Cabin Boy™ threaten to publish his offer, he shouldn’t have any objections to it coming to light now.

Team Kimberlin Post of the Day

The basic theory behind Team Kimberlin’s use of lawfare to try to silence their critics was that the uncertainty and expense of litigation would cause the targeted defendants to settle. A few did as business decision to minimize their out-of-pocket costs. Most of us didn’t because we viewed protecting our First Amendment rights as worth the cost and effort. This Prevarication Du Jour from five years ago today dealt with one of Bill Schmalfeldt’s attempts to appear in control of his narrative.

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Cheddar201602230123ZExpensive? No, I’m making out quite nicely on the popcorn sales.

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Hogewash! is still here, but Cheddar Injection is long gone. It folded even before the Cabin Boy™ had to leave Wisconsin. He’s been quite mobile for the past few years. IIRC, he’s had to move through an even greater number of states than the number in which he collected restraining orders.

Team Kimberlin Post of the Day

This blog is a sort of hobby. Oh, I run it as a business, and it makes a very modest profit, but I’m doing it because I enjoy it. I make the overwhelming bulk of my income as an engineer. Because Hogewash! isn’t my primary activity, I don’t spend every waking minute on it. Most of the time, I’m focus on something else. Seven years ago today, I spent most of my time on my day job and then had some Catching Up to do.

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Wow! I’ve spent the morning working and not paying attention to the blog or Twitter, and look at all I’ve missed!vbr2014022211640ZI have no idea what the Cabin Boy™ is going on about. It seems as if he’s complaining about some sort of threats. If he really has received credible threats, he should call the cops. If he’s simply trying to stir the pot, he should reflect on Maryland Criminal Law § 9-501 before he gets in over his head.

I may have more to say after I’ve reviewed the comment threads.

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I’m still in charge of this blog, but the Cabin Boy™ as had dozens of them fail over the past years. So had The Dread Deadbeat Publisher Kimberlin.

Hmm.

Team Kimberlin Post of the Day

One of the running gags used to poke fun at Team Kimberlin has been based on the idea that they’ve been getting their legal theories from the legal division of the same Acme provides all those wonderful products to a certain coyote. Seven years ago today, we took a look at Another Fine Acme Legal Theory that Bill Schmalfeldt was peddling.

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vbr201402210202Z47 U.S.C § 230(c) says that the person providing content is responsible for what he provides. In the case of a comment posted here at Hogewash!, that’s the author of the comment. The law says that

[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

Furthermore, 47 U.S.C § 230(e)(2) says in part that

No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.

Now, Acme will probably point to the recent Hare v. Richie case where discovery was allowed to continue in spite of a website’s contention that is was protected by § 230. There are three things to consider. First, discovery was allowed in that case to determine if the site operator was involved in producing any of the offending content. Second, the plaintiff wound up losing the case. It was dismissed.

Third, discovery in a similar lawsuit involving Hogewash! would lead to the same result.

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And Team Kimberlin did wind up going 0 for 8 in the LOLsuits they filed against me.

Team Kimberlin Post of the Day

The Prevarication Du Jour from six years ago today contains one of the silliest tweets ever emitted by a member of Team Kimberlin.

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@justplainbill201502172358ZNo sentient being who has read much of the writings of Ken White at Popehat would confuse him with a Right Wing Nut Job.

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While there is much to recommend Stacy McCain’s categorization of Bill Schmalfeldt as a deranged cyberstalker, I still favor Ken White’s label for him: demented freak.

Team Kimberlin Post of the Day

Occasionally, the TKPODs have had as much or more about me as they did about the member(s) of Team Kimberlin. Cabin Boy #BillSchmalfeldt, Journalist, from eight years ago today was such a post.

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Bill SchCBBS_HM3malfeldt claims to be a Journalist. He cites his training and experience. He learned how to proofread while training to be a PR flack an enlisted Journalist (JO rate) in the Navy (That’s CBBS on the right). He’s done talk radio in such major markets as Sheboygan. He’s won awards for his writing and editing of government documents.

OK, so he’s a Journalist. Big deal.

If he’s going to work in Maryland, he might want to download a copy of The Journalist’s Guide to the Maryland Court System. This handy reference was put out as a joint project of the Maryland Courts, the Maryland Bar Association, and the Society of Professional Journalists. He might find the sections on Knowing Your Limits (p. 14, ff.) and The Law of Libel and Invasion of Privacy (p. 75, ff.) to be instructive.

BTW, I am not a Journalist. I am just a blogger and a hobbyist blogger at that. I have a day job providing engineering consulting to various projects at NASA (But what I do isn’t rocket science; it’s applied quantum physics.). Once upon a time, I was a Journalist, but that was a long time ago, back when CBBS was in middle school and high school. One of the places I worked was the news department at WLAC, a 50,000 watt clear-channel station in Nashville. Back in ’60s, WLAC was the number one R&B station in the U. S. covering 28 states at night. I was the guy in the newsroom and on the air the night Martin Luther King was shot. I wonder if CBBS ever covered a story that big—or that sensitive. Given his modus operandi, I doubt it.

algore in Nam

UPDATE—Several prominent Journalists got their starts in the Armed Forces. Al Gore (at right), who worked at the Tennessean while I was in broadcasting in Nashville (We were both recently returned from Viet Nam), got his first reporting gig as a Public Affairs Specialist (46Q) in the Army. While he was in Viet Nam, he wrote for The Castle Courier, the newspaper of the 20th Engineer Brigade at Bien Hoa. I was stationed with the 12th Combat Aviation Group down the road at Plantation Army Airfield, but we weren’t in country at the same time.

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BTW, the picture above shows the Cabin Boy™ (who is a Viet Nam era veteran) wearing more decorations on his uniform that are listed on His DD214.

Team Kimberlin Post of the Day

The blogging here at Hogewash! four years ago today included this Footnote Du Jour.

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The Gentle Reader may wish to take note that the Cabin Boy™ has not denied that the reason he continues to make such outlandishly false statements is that he is purposely trying to destroy his own credibility in an attempt to create a defense to defamation claims based on the proposition that his statements can’t cause damage because no one believes him.

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Certainly, none of the courts where Bill Schmalfeldt ever filed a LOLsuit put much stock in what he told them. As one judge put it: “… Plaintiff provides no proof other than his own self-serving statements …”

Does he think he’s better off today than before he got involved with Team Kimberlin?