Team Kimberlin Post of the Day

One of the ways Team Kimberlin demonstrated their utter impotence was by the plethora of empty threats they made against me and my coverage of their activities. These posts from eight years ago cite a trifecta of examples. The first came from Bill Schmalfeldt, and my response was “Go Ahead, Make My Day.”

* * * * *

I wonder if he’ll get this published before they fire him again.fsl201309230208Z

* * * * *

When it turned out that the Cabin Boy™ got fired that very day and he wouldn’t have a venue for his exposé, I said, “I’ll Just Have to Wait.”

* * * * *

BL201309231518Z

boyscoutpopcornIt does look like I won’t be seeing that exposé about me in The Examiner any time soon.

The Cabin Boy seems upset with the day’s events. It may be interesting to see how he acts out.BL201309231520ZUPDATE—Stacy McCain weighs in here. Money quote:

Bad things are going to happen to us — Bill says he knows this — but he is “not responsible” for it? Of course, there are those who believe Bill Schmalfeldt is quite literally insane, so in a sense, he isn’t responsible. But I don’t think he meant it that way.

Read the whole thing.

* * * * *

And finally, The Dread Deadbeat Publisher Kimberlin issued his own hollow threat, to which I also replied, “Go Ahead, Make My Day.”

* * * * *

Brietbart Unmasked, who was put on notice to stop contacting me on 15 February, and who continues to do so in violation of Md. Criminal Laws §3-803 and §3-805, sent me the following tweet this evening:BU201309232320Z

Fine. Charge me. I will have a Sixth Amendment right to confront my accuser. That means that if @BreitbartUnmask won’t reveal his identity, the charges get dropped, and if he does reveal his identity, he can rest assured that I will file harassment charges for his continued contact with me.

Perhaps he shouldn’t be getting his legal advice from Acme.

* * * * *

Losers.

Team Kimberlin Post of the Day

Four years ago yesterday, I republished the 2012 review Mrs. Hoge and I did of The Deadbeat Performer Kimberlin’s album Nothing Else. One of the comments really bothered a coupe of members of Team Kimberlin, and their grumbling on Twitter led to the TKPOTD that ran four years ago today.

* * * * *

Yesterday’s TKPOTD must have stoked some envy out in Sutter County, California. Very Ordinary Seaman Ferguson had this exchange with the Cabin Boy™ yesterday—

I’ve never heard lorddewclaw play either live or on a recording, so I can’t comment on what kind of musician he is. However, I have heard recordings that VOSF has posted of his alleged music. Based on what I’ve heard, I doubt that he could have made it as a sideman on any of Brett Kimberlin’s recordings. I’d advise him not to give up his day job, but I’m not sure he has a real one.

* * * * *

Losers.

Team Kimberlin Post of the Day

One of the problems that Team Kimberlin has had trying to sell their narratives is that they are such incompetent liars. The TKPOTD for eight years ago today cited on example.

* * * * *

Cabin Boy Bill Schmalfeldt has brought back his patriot-ombudsman dot com site again. My first reaction was to start a betting pool for how long it stays up this time.

Aside: At this point, the Gentle Reader may be saying to himself, “Wait a minute. Hoge said he doesn’t enjoy mucking about reading Schmalfeldt’s stuff. How does he know about this zombie site?” A fair question deserves a fair answer. He sent three comments from his site to Hogewash! just after 11 am, yesterday.

He’s posted a piece by Xenophon about Stacy McCain, and in that post she says this about me—

But William Hoge picked his own fight with Schmalfeldt, and offers no evidence that he was ever harassed by him.

Sigh. More nonsense. “… offers no evidence that he was ever harassed by him.”

Gentle Reader, if I offered no evidence of harassment, upon what did Judge Stansfield base his findings in the Hoge v. Schmalfeldt peace order case? I offered evidence in the form of tweets which the Cabin Boy authenticated as being his. I offered evidence in the form of my testimony. Furthermore, the evidence Schmalfeldt placed before the judge tended to corroborate my case.

I offered evidence, and the judge found that Schmalfeldt did engage in harassing me. That’s a settled matter of legal fact now. Team Kimberlin should stop lying about it.

* * * * *

The Truth is out there, but Team Kimberlin rarely stumble across it.

Team Kimberlin Post of the Day

11 September, 2013, fell on a Wednesday. On that day I post about why I Couldn’t Live in a Place That Small.

* * * * *

SiteSuckerI had budgeted Tuesday of this week as a prep day for being in court today. I had planned to spend yesterday reviewing the claims that Cabin Boy Bill Schmalfeldt had been making in order to have cogent responses for questions that might come my way at the trail. Even though the charges were dropped, I poked around some of the posts he’s had up on his sites, including the defunct ones. They’ve been archived. SiteSucker is a neat tool.

I’m not a gulton for punishment. I’ve tried to spend as little time as possible mucking about Schmalfeldt’s ravings, so, yesterday, I found some surprisingly … what’s a good word? … stupid? … bizarre? … wacko? … yeah, wacko … some surprisingly wacko stuff in his posts about the Maryland v. Schmalfeldt cases.

We’ve dealt with his lame excuses for @mentions and his lies about nefarious characters tricking him into @replies. Enough of that, already.

Let’s look at how he has gone on about hashtags. One of the things I complained of in my first Application for Statement of Charges was that he was using hashtags on Twitter as a surrogate way of addressing me. Here are my exact words:

Additionally, Schmalfeldt attempted to contact me indirectly by including #wjjhoge within a series of addresses in other tweets. Use of # (called a “hashtag” on Twitter) causes the message to archived under the subject of the hashtag. #wjjhoge tags tweets to an archive associated with my name.

It is not the use of a hashtag per se but Schmalfeldt’s particular and peculiar use a hashtag in a line of addresses that is the basis of my complaint. Now, see how the Cabin Boy twists that. In his A Picture is Worth 260 Blog Posts rant that he put up at 8:32 Monday evening on fighttherightradio dot com (now taken down), he wrote about

hashtag mentions of #BillSchmalfeldt, which Mr. Hoge SWORE UNDER PENALTY OF PERJURY he believes are a backdoor way of attempting to contact me.

Huh? Once again, I have never claimed that the simple use of a hashtag on Twitter should be considered an attempt to contact the person who is the subject of the hashtag. What I asserted was that including a hashtag within a list of addresses was an attempt by the Cabin Boy to find a work around for his fixation with @mentions so that he could contact me without violating what he imagined the terms of the peace order to be. He sent tweets like this one, for example:

RadioWMS @cgable63 <– @AaronWorthing #wjjhoge @Kimberlinunmask @Patterico @rsmccain @Stranahan would he do that?// I am the father of your children.
7:07 PM – 6 Jul 13

That’s a subtle, but quit different, use of the hashtag compared to this, a more usual use—BSandChildPornFor the record, Schmalfeldt did eventually denounce child porn.

Do you see what he’s done? He lied about what I wrote and used that lie to try to hold me to a rule I never endorsed. He used a #wjjhoge hashtag in a odd way a dozen or so times, and I complained about it. That does not provide any justification for his absurd claims about my completely normal use of #BillSchmalfeldt.

And in any case, so what? Since I’ve never engaged in any harassment, I have no restrictions on my speech. The Cabin Boy has been adjudicated as a harasser.

We’ll take a look at some more of his wacko claims in a later post. I’ve had enough for now.

Stay tuned.

* * * * *

My podcasting partner Stacy McCain has used the expression a few fries short of a Happy Meal to describe the Cabin Boy™, but that doesn’t really work as a physical description, does it?

Team Kimberlin Post of the Day

Team Kimberlin is a bunch of liars, and if the story cited in the TKPOTD from seven years ago is to be believed, they even lie to each other.

* * * * *

My copy of Animus Nocendi, Bill Schmalfeldt’s latest cut-and-paste opus, arrived Thursday afternoon. I’ve read it. It uses some of his old blog posts and various court papers stitched together with a bit of connective text to attempt to tell his side of “the story.” I can’t really recommend it as an accurate, nothing-but-the-truth, recounting of the interactions between him and me over the past couple of years.

He does share one interesting anecdote. At the very beginning of the book, he relates a conversation he had with Brett Kimberlin in which the subject of Kimberlin’s claim of being Dan Quayle’s dope dealer came up. He quotes Kimberlin as saying, “Of all the things I’ve been charged with, that’s the one thing I DID do!” That summarizes the factually challenged nature of the book. Brett Kimberlin was never charged with selling marijuana (or any other drug) to Dan Quayle, and, if Mark Singer’s research for Citizen K, Kimberlin’s authorized biography, is to be believed, he never sold Dan Quayle any dope either. Similarly, many of the events discussed in the book did not actually transpire as Schmalfeldt describes them.

As I said, I can’t recommend Animus Nocendi. Howerver, if you insist on buying a copy, may I suggest that you use the Amazon shopping link on the Home page? I’ll get a cut of the action, and any earnings from sales of the book will be sent to Bomber Sues Blogger. [expired link] to help with the expense of defending against The Dread Pro-Se Kimberlin’s vexatious lawsuit aimed at suppressing the First Amendment rights of bloggers.

One more thing … animus nocendi is Latin for “intending to harm.” That appears to be an accurate description of the purpose of the book.

* * * * *

Animus Nocendi is a print on demand book. It really can be ordered from Amazon.

Team Kimberlin Post of the Day

I’ve lost track of the number of podcasts that Bill Schmalfeldt started. Most of them seemed to disappear just as a 30-day free trial period wold be ending. The TKPOTD for eight years ago took notice of one of his podcasting efforts.

* * * * *

PodcasterInChief… and a legend in his own mind.

UPDATE—And here is how the Cabin Boy dishonestly edits this post by removing my tagline:BS201308281218Z

* * * * *

And the world moves on.

The Cabin Boy™ is back on the radio in small market, and his morning drive time slot is carried on the station’s Internet feed, but AFAIK he isn’t podcasting.

Meanwhile, it’s been a bit over 50 years since I left my announcing gig at a clear channel AM station, but I’m in to podcasting.

Team Kimberlin Post of the Day

Operational security has never been a strong point for Team Kimberlin. One of the things that came out of the mass of extraneous material in various Kimberlin court filings was information relating the the connections between and among Brett Kimberlin, Breitbart Unmasked, Almighty Media, Fintel Associates, and other activities in the San Antonio area. At one point, someone filed an application with the State of Texas to form a business entity called Almighty Media only to withdraw the application the next business day.

Four years ago today, when Bill Schmalfeldt found out that members of the Vast Hogewash Research Organization were poking around in Austin and San Antonio, he sent a series of tweets that were the basis of this Don’t Know Much About Geography post. It was hurricane Harvey that stuck Texas that week.

* * * * *

Map reading seems to be another non-existent skill for the Cabin Boy™.There’s no particular reason for the Cabin Boy™ to have a reasonable hope that any Texas state records will be destroyed by the hurricane now moving into the state. The latest predictions show that Austin is on the edge of the very low probability zone for hurricane force winds.Indeed, while the official forecast for Austin for the next few days includes the possibility of a tropical storm, the probability of rain over the weekend never exceeds 80 percent.Of course, anyone in the possible path of the storm should take proper precautions, but no Hill Country Lickspittles have been put on alert.

* * * * *

The almightymedia dot org web domain registration was renewed earlier this month, but there is no website. That’s probably a wise choice.

Team Kimberlin Post of the Day

Team Kimberlin’s LOLsuits have always wound up backfiring and becoming marvelous sources of pointage, laughery, and mockification. The TKPOTD from five years ago today dealt with one of them.

* * * * *

The Dreadful Pro-Se Freeloader Schmalfeldt has posted some more of his yibble-bibble concerning his unique theory of spoliation of evidence. (No, I won’t link to it.) He seems to to think that an Illinois Supreme Court case is the controlling precedent for his theory. However, that case deals with a set of facts that have nothing to do with his situation, and, here’s the more important problem he faces, because he’s filed suit in a federal court, the Federal Rules of Civil Procedure and Federal Rules of Evidence apply.

res_judicata_mugsWhen he meets with his lawyer on Wednesday, he should ask about FRCP 37 and sanctions against any party who engages in spoliation of evidence. He should, but I doubt that he will.

He should also ask his lawyer about the effect of dismissing Schamfeldt v. Grady, et al. (I), Case No. 15-CV-1241-RDB (D.Md. 2015) with prejudice has on the claims in LOLsuit VII: Degenerations. For example, if Grady must be dismissed because of res judicata, on what grounds can Sarah Palmer be haled into the U.S. District Court of the District of Northern Illinois? He should ask what effect his application for copyright registration for Confession of an Undercover Internet Troll in which he swore he was the author of a book that identifies it’s author as Paul Krendler could have on LOLsuit VII.

He should divulge a great many things to his freebie lawyer, and he should ask a lot of important questions. I bet he won’t.

* * * * *

Whether the Cabin Boy™ was frank and honest with his freebie lawyer or not, the attorney was smart enough to make dismissal of the suit his first order of business, so LOLsuit VII died quickly.

BTW. Res Judicata Coffee Mugs and other merch are available at The Hogewash Store.

Team Kimberlin Post of the Day

Some days, Team Kimberlin provided multiple opportunities for pointage, laugher, and mockification. Five years ago today, I posted this Bonus Legal LULZ Du Jour.

* * * * *

The Dreadful Pro-Se Freeloader Schmalfeldt has a post up on one of his myriad wastes of bandwidth (No, I won’t link to it.) in which he claims that he is within his rights to deep six potential evidence related to his LOLsuit VII: Degenerations. To “prove” his point he cites a bit of Illinois case law from this case: Martin, et al. v. Keeley & Sons, Inc., 979 NE 2d 22 (Ill. 2012). The Cabin Boy™ seems to have forgotten that he filed his suit in a federal court, so the Federal Rues of Civil Procedure and Federal Rules of Evidence govern his case.

popcorn4bkIANAL, but FRCP 37 seems to allow the following sanctions for spoliation of evidence: dismissal of the wrongdoers claim, entering judgment against the wrongdoer, or applying the adverse inference rule.

The unfortunate lawyer “recruited” to represent The Dreadful Pro-Se Freeloader Schmalfeldt is in for an interesting time.

* * * * *

Indeed, the lawyer who the court appointed to screen Schmalfeldt’s LOLsuit immediately file a motion to dismiss it.

Team Kimberlin Post of the Day

Most of the members of Team Kimberlin have demonstrated very thin skins. The TKPOTD  for seven years ago today and a second post On Taste poked fun at Bill Schmalfeldt.

* * * * *

The Dreadful Pro-Se Schmalfeldt™ sent this cover letter with a copy of the motion to dismiss he filed in the current peace order case.

Oh my, whatever shall I do!

* * * * *

The Cabin Boy™ didn’t enjoy some of the comments the Gentle Readers made concerning his letterhead, and responded with the tweet in the post below.

* * * * *

rnusa201408091140Z

The only problem with Microsoft is that they just have no taste. They have absolutely no taste, and I don’t mean that in a small way, I mean that in a big way. They don’t think of original ideas, and they don’t bring much culture into their product. You say, why is that important? Proportionally spaced fonts come from type-setting and beautiful books, that’s where one gets the idea. If it weren’t for the Mac, they would never have that in their products. So I’m saddened—not by Microsoft’s success, I have no problem with their success. They’ve earned their success, for the most part. I have a problem with the fact that they just make really third-rate products. Their products have no spirit to them. They have no spirit of enlightenment about them. They are very pedestrian. And the sad part is that a lot of customers don’t have a lot of that spirit either.

—Steve Jobs

* * * * *

De gustibus non est disputandum.

—Latin Proverb

However, Job’s was right, and so were the Gentle Readers.

Team Kimberlin Post of the Day

I’m not the only person who has written about Team Kimberlin. I’ve had over forty codefendants across the various LOLsuits Kimberlin’s filed against me and more than a dozen in Bill Schmalfeldt’s LOLsuits. This post from eight years ago today referred to a post by Stacy McCain on Schmalfeldt.

* * * * *

Sore Loserman Bill Schmalfeldt has gone on a rampage of flaky DMCA takedown notices over the last few days. The Other McCain has been one of his targets. Stacy McCain offers his thoughts on the situation here.

[Y]ou are back to the status I first described on Sept. 4 of last year when, at the end of a 954-word post, I called you an “obscure assclown.”

This I intended not as a mere insult, but as a statement of fact: You are obscure — an insignificant and unpopular nobody, which is why I hadn’t paid any attention to you prior to September 2012 — and you are quite nearly the textbook definition of an assclown. This is a compound word combining the meaning of “ass” — stupid and/or obnoxious –– and “clown,” a laughably incompetent person. If there were an Encyclopedia of Internet Pests, the entry defining “assclown” would end with a notation: “See also, Bill Schmalfeldt.”

Read the whole thing. It’s 5000 words long and worth every syllable.

I’m informed that the DCMA counternotice for The Other McCain shows an address outside of Maryland and consents to the jurisdiction of the U. S. District Court for that non-Maryland district as required by 17 USC § 512(g)(3)(D). The Cabin Boy has a couple of weeks to respond. Who knows? He may think racking up all those frequent flier miles is worth the cost of engaging in frivolous litigation.

* * * * *

All that is necessary to discredit Bill Schmalfeldt is to quote Bill Schmalfeldt.

—Stacy McCain

Team Kimberlin Post of the Day

At one point, Team Kimberlin tried to operate obscene parody websites of their perceived enemies. Stacy McCain, Aaron Walker, and I ware all targeted. The TKPOTD for eight years ago today took a look at one of Bill Schmalfeldt’s attempts at spoofing Hogewash!.

* * * * *

Gentle Reader, if you’re not easily offended and you’re not concerned about possible malware, you might want to take a look at hogwash dot net. Seriously. It will give you a bit of an understanding of the sort of stuff the wackos on Team Kimberlin think is funny.

Here’s what the site looked like late yesterday afternoon:Hogewashdotnet201307211957Z

Given the crude use of Google Translate, the pimping for a certain Internet “radio station,” and the anally-fixated humor, the Gentle Reader may be able to guess who I believe is behind this “parody.”

無知な臆病者

* * * * *

Never pick a fight with a man who buys pixels by the terabyte.

Team Kimberlin Post of the Day

For a while, Bill Schmalfeldt was closely monitoring this website and often conducting searches to try to find something to use as the basis for a complaint. At the same time, I was loudly protesting that only rarely took a look at Hogewash!, so I began posting the times he connected to the site and the subjects of his searches, and the Cabin Boy™ tried to prove that the connection log data was false. That earned him this post about Watchful Nonsense which ran five years ago today.

* * * * *

The Cabin Boy™ keeps trying to evade detection as he lurks about here at Hogewash!, and he seems quite peeved when he’s noticed.MU201607201520ZHe still seems mathematically challenged too. Central Daylight Time is only 5 hours behind UTC, so the times he shows in red in his tweet are off by an hour.

Apple Watch Sleep AppOne interesting thing in his tweet is the image of that sleep app for an Apple Watch. I suppose that he’s trying to claim that the date shown in his tweet was taken using the Apple Watch shown on his wrist in a picture he posted earlier. If the Cabin Boy™ were to trade that watch back in on a Sport model, he’d have enough of a refund coming back that he could afford to pay the filing fee on LOLsuit VII: Degenerations and not have to pretend to be poor to get in forma pauperis status.

MM WatchBTW, if the Gentle Reader is in the market for a new watch, I can recommend the Mickey Mouse watch that I’ve been using recently. It’s not expensive, looks pretty good, and keeps excellent time. Click on the image on the left to get a good deal on one from Amazon.

And as Steve Jobs used to say, one more thing … I happened to be taking a coffee break while the Cabin Boy™ was downloading some of the stuff he ripped off from Hogewash! this morning. I watched him connect to the site, move around, and download things. You can see when he connected here.

UPDATE—Wow! Seventeen people have clicked on the watch link to Amazon so far. In answer to several emails–yes, I really do wear that Mickey Mouse watch.My Watch

* * * * *

BTW, the watch link to Amazon is still valid.

Team Kimberlin Post of the Day

The TKPOTD for eight years ago today took a look at Team Kimberlin attempt to have an effective web presence.

* * * * *

IP address 184.171.169.170 hosts 32 domains.184_171_169_170

The Gentle Reader may draw his own conclusions as to what connections might exist between these domains and their various owners.

Oh, one more thing … the IP address 94.102.55.132 belongs to a server in The Netherlands that hosts a bunch of porn and other shady sites as well as these two domains:94_102_55_132

Hmmmmm.

* * * * *

The Justice Through Music Project web site and Breitbart Unmasked haven’t had any new material for over two years. Velvet Revolution US has had its name changed to Protect Our Elections/EMPR. Bits of the old VRUS site still lurk on the web, but much of the Protect Our Elections site has been memory-holed. The EuroMaidan PR site continues to limp along. AFAICT, the rest of the sites are defunct.

Team Kimberlin Post of the Day

The Left can’t meme, and Team Kimberlin is no exception to that rule. This Cartoon LULZ Du Jour from five years ago presented an example of how the world has laughed at Bill Schmalfeldt rather than laughing at his lame attempts at humor.

* * * * *

MU201607122326Z

The general who wins the battle makes many calculations in his temple before the battle is fought. The general who loses makes but few calculations beforehand.

—Sun Tzu

* * * * *

If your opponent is of choleric temperament, seek to irritate him.

—Sun Tzu

Team Kimberlin Post of the Day

In yesterday’s TKPOTD I wrote about how I enjoyed watching Aaron Walker win one of Bill Schmalfeldt’a LOLsuits for a couple of defendants and his successful representation of me in one of Brett Kimberlin’s appeals. Being beaten by Aaron must have really bothered Schmalfeldt. This Legal LULZ Du Jour from four years ago today dealt with Schmalfeldt’s discovery that I was being represented by counsel in LOLsuit VIII.

* * * * *

A few days ago, I wrote that any lawyer who might represent me in LOLsuit VIII was already a member of the bar of the U. S. District Court for the District of South Carolina and the Aaron Walker was not a member of that court’s bar. Aaron can not represent me unless admitted pro hac vice.

While Aaron was kind enough to take time from his practice and represent me pro bono in the RICO 2: Electric Boogaloo LOLsuit Appeal in the Fourth Circuit, it makes more sense to accept the gracious offer of pro bono representation from a lawyer in Florence whose office is a couple of blocks from the federal courthouse down there. The Cabin Boy™ will just have to wait to find out who is representing me. After I’m served with process, my lawyer will file his appearance along with whatever other court papers are appropriate.

* * * * *

Schmalfeldt didn’t get his grudge match. Everything proceeded has I had foreseen.

Team Kimberlin Post of the Day

I’m not always sure whether the crackpot legal theories and false narratives spun by Team Kimberlin are the result of wishful thinking or purposeful lying, but they have come up with some doozies. Eight years ago, Bill Schmalfeldt was trying to peddle the idea that because Aaron Walker had had supper with Lee Stranahan and me, Aaron has engaged in the unlawful practice of law in Maryland. Of course, the facts didn’t support the Cabin Boy’s™ wild claims, and eight years ago today, I posted about What I Saw in February, sayin that I was willing to testify under oath.

* * * * *

Bill Schmalfeldt has sent the following tweet:

Bill Schmalfeldt @Xcitizen10 @AaronWorthing Well, I do — or did — have copies of Stranahan’s complaint form filled out by Walker. But I’ve already filed.
4:36 PM – 27 Jun 13

If he has such a document, it is a forgery.

I picked up Lee Stranahan from BWI Airport in the early evening and took him to dinner. While we were getting settled in the restaurant, he showed me the Application for Statement of Charges which he had brought from Texas. It was already filled out. The handwriting was not Aaron Walker’s.

Aaron Walker joined us at the restaurant and was shown the paperwork. He appeared to be reading it for the first time. He offered no legal advice or opinion on the contents of the Application.

After supper, I took Lee Stranahan to the District Court Commissioner’s office at the Howard County lockup. Aaron Walker again joined us to observe, but took no part in the proceedings. Mr. Stranahan filed the prepared Application with some minor notations requested by the Commissioner.

If Bill Schmalfeldt is foolish enough to instigate any proceedings based on the theory that Aaron Walker prepared Lee Stranahan’s Application for Statement of Charges or offered any legal advice to Mr. Stranahan in Maryland, he should consider that I will testify to these facts under oath.

It is a fact that the District Court audio recording of the 28 February, 2013, Hoge v. Schmalfeldt hearing contains Bill Schmalfeldt saying that he never received notice to stop communicating with me. It is also a fact that Bill Schmalfeldt admitted in court to sending a tweet referencing my notice to him on the very day I sent it. If he was tweeting about my notice, he must have been aware of it. That leads to the following conclusion: Bill Schmalfeldt is a liar.

UPDATE—For the record, I bought and my lawyer now has in her possession a certified copy of the District Court audio. We were prepared to play it during the Circuit Court hearing if Schmalfeldt had challenged my recollection of events. The Cabin Boy may remember that my lawyer played Judge Rasinky’s warning to him for Judge Stansfield from the District Court CD.

Also for the record, I do not believe that this post contains any threat. It merely states what I saw and that I will be willing to testify under oath.

Oh, and one more thing. If Sore Loserman Bill is really contemplating a lawsuit against anyone, it might be wise for him to have a conversation with a real lawyer about the potential obligations of a plaintiff during in discovery.

UPDATE 2—I’m told that the Cabin Boy is acting on advice from a lawyer in Ohio who is not a member of the bar in Maryland. But Schmalfeldt is in Maryland and the matter concerns Maryland law. According to Schmalfeldt’s theory, doesn’t that mean that the Ohio lawyer is practicing without a license by advising him?

* * * * *

Nothing proceed as the Cabin Boy™ had hallucinated.

Team Kimberlin Post of the Day

One complaint I heard from bullies through the years is, “No fair! You hit me back!” When I’ve been fed that line by Team Kimberlin, I’ve responded with posts like Would You Like Some Cheese With That Whine? which ran eight years ago today.

* * * * *

Bill Schmalfeldt has a website called AaronWorthing (No, I won’t link to it.) that he is using to respond to the information and opinions expressed about the Cabin Boy on the Internet. In his typical inversion of reality he refers to truthful statements as “lies.” Of course, he has a right to publish on his own site.

He doesn’t have a right to publish here at Hogewash!, yet he has complained about not have been allowed to comment at this site. I’ve refrain from publishing his comments because I did not want to significantly increase his reach on the web. As small-time as this blog is, it has had a larger readership than any of the multiple sites the Cabin Boy has tried to launch. (Gentle Reader, if you should go to CBBS’s site, see if he responds to that last sentence with a remark about the relative sizes of a portion of his and my anatomies; he seems very insecure about that.)

Stacy McCain has pointed out that the easiest way to discredit Schmalfeldt is to quote him. With that in mind, what follows is a sampling of 20 of the comments that Bill Schmalfeldt has attempted to post at this blog. Note the variety of names and IP address he has used, mostly to try to get around the moderation/spam filtering.

10 Names: Bill Schmalfeldt, Liberal Grouch, Bill Schmalfeldt (@LiberalGrouch), Team Kimberlin, That’s a Shame, Libby Grouch, Bill Schmalfeldt (@lordofsatire), Breitbit News (@BreitbitNews), Bill, and lordofsatire.

8 Email Addresses: PatriotOmbud@twitter.example.com, LiberalGrouch@twitter.example.com, rapesucks@gmail.com, teapartylover@patriots.net,
uncle@oldunclebastard.com, lordofsatire@twitter.example.com, bill@lordofsatire.com,
and elderwilliam@comcast.net.

8 IP Addresses: 68.54.86.66, 64.27.3.214, 173.254.247.16, 95.154.230.191,
108.178.17.166, 69.140.137.83, 50.115.116.221, and 173.254.247.16.

7 Nov 2012 1638 UTC
Bill Schmalfeldt (@PatriotOmbud) commented on The Dread Pirate #BrettKimberlin Channels Henry V
Why would I be unhappy about this? Are you reading a SECRET part of the First Amendment, known only to idiots?
IP: 68.54.86.86, c-68-54-86-86.hsd1.md.comcast.net
E-mail: PatriotOmbud@twitter.example.com

18 Dec 2012 2152 UTC
The Liberal Grouch (@LiberalGrouch) commented on It Ain’t Over ‘Til It’s Over
Serious question, would appreciate a grown-up, serious reply.
Case dismissed. That means there is no case. I’m no lawyer, but I’ve never heard of anyone appealing to a court to undismiss a case it dismissed.
Also, doesn’t Walker have to prove that Kimberlin violated the order? He needs to do more than just SAY Kimberlin did it, right? Doesn’t he have to offer evidence?
IP: 68.54.86.86, c-68-54-86-86.hsd1.md.comcast.net
E-mail: LiberalGrouch@twitter.example.com

18 Dec 2012 2155 UTC
The Liberal Grouch (@LiberalGrouch) commented on It Ain’t Over ‘Til It’s Over
And isn’t this horse dead enough, guys? What is it that prevents you all from just moving on and finding a new house to haunt? I’ve always prided myself in knowing when I’ve been beaten. Might this not be a lesson Mr. Walker should learn? We know he lied about the reasons he was fired because we have seen the letter from the lawyer who fired him. He cannot pretend that does not exist. How much more money is Backer willing to spend? Or is this just a way to continue raising funds for a never-ending Orwellian war?
Again, this is a serious question, asked without mocking, asked politely and with all due respect.
IP: 68.54.86.86, c-68-54-86-86.hsd1.md.comcast.net
E-mail: LiberalGrouch@twitter.example.com

28 Jan 2013 1213 UTC
Bill Schmalfeldt (@LiberalGrouch) commented on Hello, Cabin Boy #BillSchmalfeldt, I’m One of Their Kids
Go wash your filthy hair, pig.
IP: 64.27.3.214, unassigned.calpop.com
E-mail: LiberalGrouch@twitter.example.com

21 Mar 2013 2336 UTC
Team Kimberlin commented on Cabin Boy #BillSchmalfeldt Has Some Charges Dropped
Conspiracy!!!
Derp.
IP: 173.254.247.16, 173.254.247.16
E-mail: rapesucks@gmail.com

22 Mar 2013 0202
That’s a Shame commented on Cabin Boy #BillSchmalfeldt Has Some Charges Dropped
HAHAHAHAHAHA!!!
IP: 95.154.230.191, 95.154.230.191
E-mail: teapartylover@patriots.net

27 Mar 2013 2344 UTC
Libby Grouch commented on Everyone Blog About the Howard County State’s Attorney Day
Please change the tag by my name to remove the reference to “Cabin Boy.” Thank you.
IP: 108.178.17.166, ip-us24.kryptotel.net
E-mail: uncle@oldunclebastard.com

13 Apr 2013 1138 UTC
Libby Grouch commented on April is the Cruelest Month
Not at all. It means I am not willing to hire a lawyer to force Walker to be a decent human being and remove my copyrighted materials at my request.
IP: 68.54.86.86, c-68-54-86-86.hsd1.md.comcast.net
E-mail: uncle@oldunclebastard.com

20 April 2013 1531 UTC
Libby Grouch commented on BREAKING: SLAPP Suit Against Patterico Dismissed
Interesting how you still refuse to print an entire comment of mine. Frey’s lack of reading comprehension skills not withstanding, would you not be doing your readers a service to show how EEEEEEEEEvil I am by printing my entire comment, instead of the parts you cherry pick? And I agree. You are a shameful fraud who no one should ever believe. The Carroll County Courts pretty much said that, don’t you think? Toodles.
IP: 68.54.86.86, c-68-54-86-86.hsd1.md.comcast.net
E-mail: uncle@oldunclebastard.com

11 May 2013 2042 UTC
Bill Schmalfeldt (@lordofsatire) commented on Have You No Decency?
Am I allowed to reply, or is the “we’re skeered of Schmalfeldt” filter still applied?
IP: 108.178.17.166, ip-us24.kryptotel.net
E-mail: lordofsatire@twitter.example.com

16 May 2013 1709 UTC
Breitbit News (@BreitbitNews) commented on Early News Wrap Up
Not sure where you’re getting your info, Mr. Hoge. Yes, I did look into the possibility of a lawsuit, but it turned out to be unfeasible. See, being a rational person, I won’t take on battles where I am not properly armed. Unlike certain folks who continue to go to court, time after time, to find themselves embarrassed and humiliated when judges yell at them. You are free, of court, to keep running this tally on a daily basis as that seems to be your latest obsession. But I have changed the focus of the fundraiser. Make sure your readers know that. I am not raising money to sue anyone, and to continue to say I am is a falsehood. Just saying. Good luck on Friday.
IP: 108.178.17.166, ip-us24.kryptotel.net
E-mail: bill@lordofsatire.com

20 May 2013 1232 UTC
Bill Schmalfeldt commented on Security Recommendation for iPhone Users
Of course, sir, nobody does a better job of mocking you than… you!
IP: 69.140.137.83, c-69-140-137-83.hsd1.md.comcast.net
E-mail: bill@lordofsatire.com

22 May 2013 1707 UTC
Bill Schmalfeldt commented on Are You Pondering What I’m Pondering?
Just couldn’t do it, right? Just couldn’t go 24 hours without a cheap shot.
IP: 69.140.137.83, c-69-140-137-83.hsd1.md.comcast.net
E-mail: bill@lordofsatire.com

24 May 2013 1835
Bill Schmalfeldt commented on #BrettKimberlin, Esquire?
Everyone enjoys watching the old biddies dithering and fussing and bothering over a placesaver website.
IP: 108.178.17.166, ip-us24.kryptotel.net
E-mail: bill@lordofsatire.com

24 May 2013 1836 UTC
Bill Schmalfeldt commented on I’m Not Making This Up, You Know
Oh dear! Oh my! Oh heavens. What a worrisome development. Next thing you know he’ll be peeping into our windows to see us in our petticoats!
IP: 108.178.17.166, ip-us24.kryptotel.net
E-mail: bill@lordofsatire.com

25 May 2013 1117 UTC
Bill commented on Are You Pondering What I’m Pondering?
I get it. He sampled dog meat when he was a kid in Indonesia. So, he eats NOTHING BUT DOG now. Hah! And that’s just so HILARIOUS to some people!
IP: 50.115.116.221, 50.115.112.221.static.westdc.net
E-mail: bill@lordofsatire.com

28 May 2013 1933 UTC
lordofsatire commented on Viva la Différence!
I had a long reply written to you, John, but why bother? Your dishonesty shows in everything you write. I could dredge up and post URLs to numerous times I have sincerely apologized for being incorrect. I don’t think I’ve ever seen you even SUGGEST you were incorrect about something — like that IP Address you know for CERTAIN that I had access to, even though it is owned by some company in Kansas City and that IP is run by some guy out of Brazil. You know I have apologized to Stranahan. Has he ever apologized to me for sending cops to my house on a made up rape threat? Have YOU ever apologized for dragging my increasingly immobile body out to WESTMINSTER to answer charges that YOU KNOW are false?
But I’m wasting my time. I am a crude and vulgar person whose pursuit of truth sometimes lands me in trouble. But I pursue the truth. I am crude, vulgar — but honest.
You sir are neither crude, nor vulgar — and certainly not honest or else we would not be going through this meaningless exercise to use me to somehow “get” Brett Kimberlin.
I pose no threat to you whatsoever, Mr. Hoge. You know that. You have seen me in person. But yet, we must play out your little drama because — Kimberlin. Right?
I guarantee you, sir, that you are not going to get a shred of info from me that will help you in your chase for that particular trophy, Cap’n Ahab. Nor are you going to get your metaphorical leg back from anything I have to say.
May God have mercy on you.
IP: 69.140.137.83, c-69-140-137-83.hsd1.md.comcast.net
E-mail: elderwilliam@comcast.net

28 May 2018 1834 UTC
lordofsatire commented on Viva la Différence!
And once again, your dishonesty and lack of core conviction in your beliefs is laid bare by your unwillingness to allow the person you have criticized time and time again to reply. Such fairness.
IP: 69.140.137.83, c-69-140-137-83.hsd1.md.comcast.net
E-mail: elderwilliam@comcast.net

29 May 2013 1652 UTC
lordofsatire commented on Howdy, Mr. Down Twinkles!
My only contact with your website has been through these attempted comments, which — if you were the fair minded person you claim to be — you would allow. But I don’t believe I’ve ever seen you post a comment that disagrees with you. I assure you, sir. Your madness is strictly your own. You are always welcome to comment on any of my websites, because I do not fear you.
IP: 69.140.137.83, c-69-140-137-83.hsd1.md.comcast.net
E-mail: elderwilliam@comcast.net

1 Jun 2013 1834 UTC
lordofsatire commented on Team Kimberlin Post of the Day
You are absolutely hilarious. One of those IPs is mine. The others are probably from other people who read you and think you are full of shit. What a self-absorbed little twerp you are, sir. I know it’s impossible for you to believe — given how you spend your time stalking — that people do NOT obsess over you. I peek in now and again to see what you’re lying about and yes, since you will not allow a comment, I will hit the down thumb from time to time. But just once. Because I have other things to do than rate your navel-gazing nonsense. Be well. See you Friday.
IP: 69.140.137.83, c-69-140-137-83.hsd1.md.comcast.net
E-mail: elderwilliam@comcast.net

That should give the Gentle Reader an understanding of the arc of Cabin Boy Bill’s sense of entitlement concerning his imagined privileges as a “journalist” and how his early court victories stoked those feelings. When he was brought before the Circuit Court, where the application of the law is more rigorous, he didn’t fare so well. I suppose losing in the end was a disappointment, and he can sit there and sputter so long as he obeys the court’s order to leave me alone, but being adjudicated a harasser this time will make it easier for any future victim to win relief in court. Bill Schmalfeldt would do well to leave others alone also.

UPDATE—Minor edits to paragraphs 2 and 3 for clarity.

* * * * *

Yes, Stacy McCain was right. The easiest way to discredit Bill Schmalfeldt is to quote Bill Schmalfeldt.

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

@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

* * * * *

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.”