Team Kimberlin Post of the Day

The TKPOTD from a year ago today is worth recycling.

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Is the Cabin Boy™ already bored with retirement?Eric Holder wasn’t available for comment about Fast and Furious subpoenas, but the DC area does have plenty of people who while likely be served over the next year or so.

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Gentle Reader, let me add two further observations—

First, it seems that Bill Schmalfeldt has had a great deal of experience retiring and unretiring over the past year. Indeed, it was eleven months ago today that he left Breitbart Unmasked Bunny Billy Boy Unread (and it’s been without any new content ever since.).

Second, while it’s highly likely that there soon will be a large number of subpoenas to be served in the DC area, the likely nature of the related legal actions means that most will be served by the U. S. Marshals Service rather than private process servers.

Nothing is proceeding as the Cabin Boy™ has hallucinated.

Team Kimberlin Post of the Day

When I first wrote that Team Kimberlin was buying their legal advice from the same Acme that supplied those fine products to a certain coyote, I was joking. As the various legal entanglements have played out, it come to look as if that really is the source of the legal theories behind their LOLsuits. Here’s the TKPOTD from three years ago today,

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WMSBroad201311101815ZThat deserves an updated answer. Here’s a partial listing—

Hoge v. Schmalfeldt (I), Case No. 06-C-13-063359 (Md. Cir.Ct. Carroll Co. 2013), cert. denied.
Hoge v. Schmalfeldt (II), Case No. 06-C-14-067023 (Md. Cir.Ct. Carroll Co. 2014), cert. denied
Kimberlin v. Walker, et al., Case No. 380966V (Md. Cir.Ct. Mont. Co. 2014), affirmed Md. CoSA, cert. denied.
Schmalfeldt v. Johnson, et al., Case No. 15-CV-0315-RDB (D.Md. 2015).
Kimberlin v. National Bloggers Club, et al. (I), Case No. 13-CV-03059-GJH (D.Md. 2015).
Kimberlin v. Hoge, Case No. 9148D (Md. Cir.Ct. Mont. Co. 2015).
Schmalfeldt v. Hoge, et al., Case No. 13-C-15-102498 (Md. Cir.Ct. Howard Co. 2015).
Kimberlin v. Hunton & Williams, et al., Case No. 13-CV-0723-GJH (D.Md. 2016).
Kimberlin v. National Bloggers Club, et al. (II), Case No. 403868V (Md. Cir.Ct. Mont. Co. 2016).

That should do.

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I should update that scorecard with the following—

Kimberlin v. Hunton & Williams, et al., Case No. 13-CV-0723-GJH (D.Md. 2016), affirmed Md. C0SA, cert. denied.
Kimberlin v. Hunton & Williams, et al., Case No. 13-CV-0723-GJH (D.Md. 2016), affirmed 4th Cir.
Kimberlin v. National Bloggers Club, et al. (II), Case No. 403868V (Md. Cir.Ct. Mont. Co. 2016), affirmed Md. CoSA, cert. denied.
Schmalfeldt v. Grady, et al. (IV), Case No. 13-CV-01310-RBH-KDW (DSC 2017).

Team Kimberlin Post of the Day

The Team Kimberlin PR campaigns have failed for the same reason as their lawfare—incompetence. This Bonus Prevarication Du Jour from six years ago today is an example of Bill Schmalfeldt’s inability to get enough of the facts straight in order to be a be able to twist them to his side’s PR advantage.

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ftrrnews201310150109ZSo Bill Schmalfeldt wants you to believe that I’m trying to cut a separate deal with Brett Kimberlin from the other defendant’s in the Kimberlin v. Walker, et al. lawsuit because my lawyer filed my answer to Kimberlin’s complaint on the day before the last day for me to file to avoid a default judgment. Does he think that I should have waited and filed jointly with my codefendants? The other defendants are all from outside Maryland, and only one has been served. Aaron Walker’s answer is due 30 days after mine. The other three defendant’s will have to answer within 60 days of being served—if they ever are served.

My offer to settle was taken off the table when my lawyer had to file that answer. In fact, that answer has exactly the opposite meaning from what the Cabin Boy ascribes to it. There will be no separate deals made with me. I am now out to win rather than settle.

He seems to still be getting his legal advice from Acme.

Meep, meep!

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Closing question: Is the sports editor gig at the Spencer Daily Reporter a GS-13 slot?

Team Kimberlin Post of the Day

One of the reasons that I (sort of) jokingly refer to Team Kimberlin getting their legal advice from the same outfit that sells stuff to Wile E. Coyote is that the theories they advance are usually as harebrained and effective as all those fine Acme products. Six years ago, I became the first of several individuals to hold Bill Schmalfeldt accountable for his online harassment, and he spent most of 2013 trying to figure out how to get that first peace order issued against him set aside. This Prevarication Du Jour from six years ago today dealt with one of his failed approaches.

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ftrrnews201310092359ZDoes Eugene Volokh agree with Bill Schmalfeldt’s interpretation of U. S. v. Cassidy? Well, it’s certainly true that Prof. Volokh agrees that writing about someone on the Internet is protected speech. But how about writing to someone? I’ll let the good professor speak for himself. Here’s what he had to say when writing about the patently unconstitutional peace order Brett Kimberlin secured against Aaron Walker last year, an order that forbade Mr. Walker from writing about Kimberlin—

The old narrow restrictions might well be constitutional (see, e.g., Rowan v. U.S. Post Office Department), but precisely because they deal with essentially one-to-one speech — restricting such unwanted speech to an unwilling listener leaves the speaker free to keep talking to other, potentially willing listeners.

Of course, it is just that sort of one-to-one speech that the Cabin Boy engaged in after being asked to stop which violated Maryland’s harassment law. Prof. Volokh also notes that

[p]erhaps a specific statute that bars the deliberate sending of one-to-one messages to a person who has asked that the messages stop, or who would otherwise clearly be substantially distressed by the messages, might be constitutional.

So it looks as if Prof. Volokh might agree that old-fashioned harassment statutes apply to behavior on the Internet just as they do in the real world. Perhaps the Cabin Boy should ask Eugene Volokh to file an amicus brief.

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In fact, Eugene Volokh did wind up filing an amicus brief in one of the Kimberlin case. He filed it in support of Aaron Walker, and as I understand his brief, he agrees with the point of view I expressed in my post.

Team Kimberlin Post of the Day

Almost every activity undertaken by the members of Team Kimberlin has been unsuccessful. I’m not just referring to their lawfare campaigns. I mean almost everything. I ran this post, Concern Trolling Du Jour, a couple of years ago today.

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I added up all of my out-of-pocket expenses in civil cases related to the Cabin Boy™. Over the past four-and-a-half years, they have added up to a bit less than two day’s billing at my current rate for NASA. The cost of doing business with The Dread Pro-Se Kimberlin has been significantly greater, but together the two sets of cases haven’t eaten up a month’s billing over the course of almost five years. If push came to shove, I could easily handle my legal expenses even if I were simply living on my income from Social Security. However, I’ve also been fortunate to receive hits on my Tip Jar that have defrayed the cost of running this blog and paid for a substantial portion of my legal costs. Thanks!

I’ve retired twice. I’m working with NASA again because I find it interesting and because the current income allows me to add to my retirement savings rather than begin to draw them down. (That will change next year when I turn 70-1/2 and have to begin taking minimum distributions from my IRAs and 401k). I had been planning to retire for a third time at the end of this year. Mrs. Hoge was scheduled graduate with her Master’s Degree in Landscape Architecture this December, and I was prepared to move if necessary because of her career. After her death, those plans changed. Now, there are interesting opportunities to do some leading edge engineering coming up at Goddard Space Flight Center, and I may decide to stick around for the fun.

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I’m still working at Goddard; I just started on the design a a portion of the electronics that will control a robot arm which will be used to refuel satellites on orbit.

Meanwhile, the Cabin Boy™ has even failed at retirement.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

One of the fouler forms of attack suffered by the Team Kimberlin’s critics (and quite often by bystanders caught by Bill Schmalfeldt’s poor aim) was online harassment. Although he wasn’t the first and may not have engaged in the very worst acts, Schmalfeldt was the most prolific of the Team Kimberlin harassers. One of my early contributions toward bring some justice to Team Kimberlin was being able to secure a peace order (that’s what Maryland calls a restraining order between two non-related persons) against the Cabin Boy™.

Brett Kimberlin hired a lawyer to handle Schmalfeldt’s defense, but after the order was issued, Schmalfeldt was on his own for his appeal and other subsequent legal actions. Six years ago today, we were in the throws of his appeal of that first peace order, and this post chronicling one aspect of his legal ineptness appeared. BTW, it was only the third of what has become a long series of posts titled Prevarication Du Jour.

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frr201310041321Zpre·var·i·cate intransitive verb \pri-ˈver-ə-ˌkāt, -ˈva-rə-\ : to speak or act in an evasive way.

If Bill Schmalfeldt can’t find the tweet that I sent him on 15 February, it’s because he isn’t looking very hard. It looked like this:cease tweet

If he had typed “oldunclebastard,” the Twitter handle he was using in mid February, into the search box on the upper right here at Hogewash!, he would have found the post linked to in the tweet— TK&3-805The tweet and the blog post were among the evidence introduced in both the District Court and Circuit Court trials.

During the District Court trial, the Cabin Boy implied that he never received that notice. It appears that he lied. During the Circuit Court trial, a tweet was introduced into evidence to prove that Schmalfeldt was aware of the notice.oub201302151837Z

The link shown in that tweet goes to the post shown above, demonstrating that Schmalfeldt was aware of my demand for him to stop contacting me. He continued to do so in ways that harassed, alarmed, and/or seriously annoyed me in violation of the Maryland harassment statute, and the court found that he did so without any lawful purpose. That’s why he was adjudicated a harasser, and that’s why a peace order was issued.


LAST MINUTE ADDITION—Schmalfeldt has begun to try to weasel his way out of this one.frr201310041514ZHe says he doesn’t remember either the tweet or the blog post that were a major pieces of evidence in two trials in which he was the respondent.

Uh huh.

Could it be that the Cabin Boy is trying to use his “forgetfulness” to set the groundwork for some sort of twinkie defense?

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It has been remarked that a Twinkie is unlikely to be able to defend itself against Bill Schmalfeldt.

OTOH, the Cabin Boy™ really did try to enter a diminished mental capacity plea once, but he withdrew it when the judge informed him that she would order him to undergo an involuntary hospitalization for a psych evaluation.

Team Kimberlin Post of the Day

It was four years ago today that Bill Schmalfeldt picked up a restraining order from a fourth state, in this case, Massachusetts. I reported it in this post, Breaking: The Mass Effect.

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I have been informed that a harassment protection order against Bill Schmalfeldt was granted today by the Ayer District Court in Ayer, Massachusetts. The order protects Scott Hinckley (aka Agiledog.)

More later.

UPDATE—Here is a copy of the court’s order.

This makes 4 down and 46 states to go for the Cabin Boy™.

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The Cabin Boy™ has been the subject of a dozen restraining orders issued in five states, one of which was to protect a toddler.

It’s a been awhile since the last one was issued, and he’s been more circumspect in his behavior, perhaps demonstrating that has developed the same level sense that a flatworm has to turn away from pain.

We’ll see.