Team Kimberlin Post of the Day

One of the problems that The Deadbeat Publisher Kimberlin has had with his Breitbart Unmasked website is finding a competent editor to keep it running. Bill Schmalfeldt and Matt Osborne have both failed at the job—Schmalfeldt more than once. Indeed, the Cabin Boy’s™ last turn left the site in such bad shape that no one has bothered to post anything new for almost four years. In fact, some of the posts have been memory holed. That’s not the first time BU has been subjected to an editorial cleaning. The TKPOTD for six years ago today dealt with the clean up that occurred after Schmalfeldt’s first tune as editor.

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The Cabin Boy™ was editor of Breitbart Unmasked for while before 57F Osborne took over and turned it into Bunny Boy Unread. The site is backed up all the way to a 21 February, 2012 post by The Watchful Avenge called THE OCCUPY UNMASKED LIE. That post is still available on the Breitbart Unmasked Bunny Boy Unread website, but a significant number of posts from the Cabin Boy™ era have been memory-holed. For example, these posts from the last month before Schmalfeldt was fired have been spoliated—


Of course, these are all backed up both online and offline. So has essentially everything that has been posted to the site.

When one buys pixels by the terabyte, a few gigabytes don’t even amount to pocket change.

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For the record, there have been over 24,000 post here at Hogewash!, and all of them are still online—except for one, the donation page for the fund that was created to support Tetyana Kimberlin’s legal expenses when she was seeking protection from her husband. The page was taken down when the fund was suspended at her request.

Team Kimberlin Post of the Day

You know you’re winning when all the other side has is insults, and nine years ago today, I was able to post that This is All They’ve Got.

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Since the peace order against Bill Schmalfeldt went into effect, the number of anonymous threatening or harassing comments to this blog has exploded. I’ve received well over 100 in less than three months. It’s fairly obvious that they are sent from members of Team Kimberlin. Some of them are not as anonymous as the sender hoped.

I’ve posted a few of them in the past. Most of them have been like this one that came in at 2:45 ET this afternoon.TK201309101845Z

If I hadn’t used the word in an earlier post today, I’d say, “Meh.”

However, over the last month or so, more of them have become outrageously obscene. This is one of the least offensive of that bunch.TK201308312147ZMany are much more vile.

Vile. Deranged. And, as Stacy McCain points out, evil. It may be a while before these thugs are brought to justice, but justice will win out in the end.

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I’m not done with ’em yet.

Team Kimberlin Post of the Day

All of the members of Team Kimberlin suffer from delusions of adequacy which causes them to overestimate their rank in the intellectual food chain. A couple of days ago, we took a look back at Matt Osborne’s pretentious use of the nom de cyber Xenophon. Today, we’ll look back to Bill Schmalfeldt’s use of the Tweeter handle King Leonidas.That called for a bit of pointage, laughery, and mockification, so six years ago today, I responded with this TKPOTD.

* * * * *

King Leonidas of Sparta was very brave. He was also a loser. His defeat came about when someone who should have been an ally turned out to be a traitor.

Everything is proceeding as I have foreseen.

* * * * *

Once again, one of the Gentle Reader’s comments to the original post is worth repeating.Yes, indeed.

Team Kimberlin Post of the Day

Believe it or not, Member of Team Kimberlin occasionally has said something that was true. One of those rare occasions came along nine years ago today, and I took note of it with this post about Good News!.

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BS201309062114ZEverything is proceeding as I have foreseen.

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And very little ever proceeded as Team Kimberlin hallucinated.

Team Kimberlin Post of the Day

Attention to detail has never been one of Team Kimberlin’s strong suits. This post about how One of These Things is Not Like The Others dealt with Bill Schmalfeldt’s copyright problem resulting from one of his cut-and-paste books.

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comparisonTwo of the items shown above are from genuine U. S. District Court documents and are in the public domain. One is from a computer file used to create a document filed with a court, but it is not the court document itself. It is not in the public domain.

Can you tell which is which?

Hint: Look for the Clerk’s acceptance stamps and the PACER legends across the the top of the real court documents.

UPDATE—Here’s the significance of the above lesson. If a copyrighted work is included in a court paper, the court document may be reproduced with the copyrighted material included. However, the copyrighted material is not in the public domain, so it can only reproduced without infringement in the context of the public record. (Aside: The entire first issue of Action Comics was reproduced in a court filing. Guess what kind of lawsuit one would face if one published that material outside of the context of the related court filing without getting the permission of the copyright holder. You don’t tug on Superman’s cape.)

The Cabin Boy™ has included material from Hogewash! in his latest book that does not appear to be from what he filed with the court but from copies of the computer file(s) used create what he filed. If that be the case, he has again infringed multiple copyrights.

* * * * *

One of the Gentle Readers left this as a comment to the original post—

Team Kimberlin Post of the Day

As I’ve previously noted, Team Kimberlin’s lack of respect for the intellectual property right of others has occasionally been costly for them. This post from eight years ago today In Re Animus Nocendi dealt with one of Bill Schmalfeldt’s misadventures.

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Animus Nocendi is the name of the Cabin Boy™ latest cut-and-paste opus. I haven’t read it yet, but Amazon says that I should have a copy tomorrow. I may give it a review in a few days.

Speaking of reviews … The Dreadful Pro-Se Schmalfeldt™ is squawking about “false reviews” and warning that they are violations of law. The law he cites is 15 USC § 1125 which is part of the Lanham Act. It deals with trademark infringement, false labeling of country of origin, and false advertising. It will be interesting to see how far he gets trying to sue anyone over a bad review using that statute.

ACME LEGALI’m sure he is getting the very finest of advice from Acme Legal.

Meanwhile, the Gentle Reader may wish to stock up on popcornJujubesRaisinetsJunior MintsMilk Duds, or Red Twizzlers available via Amazon.

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Mmmmmm, popcorn.

Team Kimberlin Post of the Day

I wasn’t a lack of knowledge about the law that caused Team Kimberlin to lose all of the LOLsuits they file over the past decade. Their problem was that much of what they knew was wrong. The TKPOTD for five years ago today dealt with one of their many errors.

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The Dreadful Pro-Se Schmalfeldt seems to think that he can add defendants to LOLsuit VIII: Avoiding Contact without amending it. FRCP 20 allows permissive joinder of defendants for causes of action that arise out of the same events and that turn on the same questions of law. IANAL, but it seems to me that if TDPS is going to add defendants, he will have to add their names to the LOLsuit’s caption, identify them, and allege his claims against them. That will require additions to his complaint. If he changes his complaint, he will have to do that according Rule 15, and he’s used his freebie amendment. Further amendments will require the consent of all of the defendants (not likely) or the court.

He really needs the assistance of counsel.

* * * * *

Competent counsel. Not Acme.

Team Kimberlin Post of the Day

Bill Schmalfeldt took several turns as editor of Breitbart Unmasked, but his GS-13 editorial skills were never quite up to the job. A BU post that appeared five years ago today showcased on of his common errors. The post was titled Hoge Admits His Role in Conspiracy. The post, which appears to be work-for-hire and thus owned by BU, begins—

He claims his “Johnny Atsign” feature is a work of fiction. But is it? Would a good libel attorney be able to bust Hoge for pointing out that his readers know perfectly well who and what he is talking about?

In today’s “episode,” Hoge writes about his involvement in what he calls a “honeypot”, a ruse designed to authenticate already authenticated information about me.

CHARACTER LIST: GROUCH, me; GRAYSON, Patrick Grady; ZOMBIE, “Paul Krendler;” JOHNNY, Hoge.

He then begins an extensive quote of a Johnny Atsign episode, and then writes this—

Does that even make any sense? I discovered the website accidentally by doing a search on the way “Krendler” and his readers spelled Hoge’s name with 21 O’s at certain times. I didn’t write a word about it until I had salvaged as much as I could from the Google Cache, from which one will find no sign of to this day.

Once I had all I could salvage, I revealed my discovery. Hoge immediately declared it a “honeypot.” Hundreds of pages and images, beginning March 28, 2014, and ending March 9, 2015. And Hoge admits his part in it.

If it is fake, it’s still horrible! It shows how determined Hoge, Grady, Palmer, Johnson and the whole Hee Haw gang were at pretending they were gathering evidence they hoped I would discover at about the same time my wife was dying.

If it’s real, it’s horrible. It is a journal of conspiracy showing how the gang worked under the cover of a members-only website to trade bits of personal information about me in an effort to wreck my life.

Either way, it’s horrible. And it will be introduced as evidence in the Federal Libel and Conspiracy trial in South Carolina.


Of course, I admitted no such thing. Oh, and nothing got admitted into evidence in the Cabin Boy’s™ LOLsuit VIII because the suit didn’t survive a motion to dismiss.

Team Kimberlin Post of the Day

Bill Schmalfeldt didn’t include me as a defendant in all of his LOLsuits. IIRC, LOLsuit VII:Degenerations had only two defendants: Patrick Grady and Sarah Palmer. The U. S. District Court in Chicago assigned a lawyer to review the case, and the TKPOTD for six years ago today dealt with a few of the problems I thought Schmalfledt would have in trying to convince the lawyer to allow the case to proceed.

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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.

* * * * *

In fact, the case was quickly withdrawn.

I suspect that this reader comment to the original post isn’t far off from what really happened.

Team Kimberlin Post of the Day

In May, 2012, I started writing about Brett Kimberlin when he managed to get a judge to issue a patently unconstitutional gag order against Aaron Walker. Not long thereafter, I also began writing about Kimberlin’s associates and enablers. Nine years ago today, I posted this explaining Why Bother with #BillSchmalfeldt?

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That’s a good question.

He has 44 followers on Twitter. His Klout score is 10. He has vanishingly small traffic at his websites. And, yet, he has a devoted group of followers who wish to see him removed from the Internet. (For the record, I’m not a member of that group; as far as I’m concerned, he can stay on the web if he behaves himself.)

I deal with the Cabin Boy because he is a sore spot on the backside of the Internet that has afflicted my friends and me. Things have worked out so that I’m the one who has been in the right position to bring some justice his way. It’s sorta/kinda sad to watch Schmalfeldt ruin his own life, but it is satisfying to participate in building a firewall between him and the decent folks he had harassed.

popcorn4bkCabin Boy Bill acts as if he has the sort of bully pulpit that would allow him to set the agenda. I think not. He can foam at the mouth and froth at his keyboard, but he will be dealt with by my colleagues and me when we choose and in the manner we choose.

Losers don’t get to be choosers.

<snark>Oh, one more thing … given that I made reference to Schmalfeldt’s lack of success on the Internet, he will probably suggest that I wish to compare bits of our anatomy. I really don’t care about his bodily parts, and all of mine seem to be working just fine at the moment.</snark>

* * * * *

The LinkedIn page for a guy  “[g]etting paid for talking on the radio Coffeyville, Kansas,” no longer exists. Meanwhile, my podcasting partners and I completed another episode of The Other Podcast last night.

Team Kimberlin Post of the Day

By 2017, the active phase of Team Kimberlin’s use of lawfare was winding down, but Bill Schmalfeldt’s LOLsuit VIII was still alive. This bit of LOLsuit VIII News ran five years ago today.

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Our attorney has filed the following Rule 12 motion for my codefendants and me.

This filing contains all that I wish to say about the case for now other than noting that everything is proceeding as I have foreseen.

* * * * *

I’ll just add that everything wound up proceeding as I had foreseen.

Team Kimberlin Post of the Day

Because the members of Team Kimberlin tell whatever lie they believe is useful at any given moment, they often wind up contradicting themselves. This post about Cognitive Dissonance & Military Timekeeping first ran nine years ago today.

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This evening, Sore Loserman Bill Schmalfeldt tweeted this:

RadioWMS [redacted] My [redacted] #2 — this is my hobby, not a job.
10:27 PM – 2 Aug 13 GMT

It seems to be a response made to comments here at Hogewash!, and it appears to be a rather odd position for Schmalfeldt to take considering that he told the Circuit court that the

Peace Order violates the Americans With Disabilities Act by discriminating against Respondent, an American with advanced Parkinson’s disease, by limiting his employment

Then again, the Cabin Boy writes lots of odd stuff.

One other thing … 2 am? In the Navy? How about Oh-Two-Hundred or 4 Bells? Which reminds me of a great line an AFVN (Armed Forces Viet Nam) DJ once used:

This is AFVN, the Armed Force Viet Nam Network. Stay tuned for the news at 1600. For the Air Force, that’s 4 o’clock. For the Navy, that’s 8 bells. And for you Marines, Mickey’s little hand is … [fade to newscast opening]

* * * * *

BTW, the Cabin Boy™ did spend part of his tour as a Hospital Corpsman imagining that he was storming the beach in Lebanon with the Marines.

Team Kimberlin Post of the Day

IIRC, all of the members of Team Kimberlin claim to be atheists. This post from eight years ago today, No, It’s Not Just an Eastern Concept, was about one of their attempts to base an argument on a religious concept.

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Don’t be deceived. God is not mocked, for whatever a man sows, that he will also reap. For he who sows to his own flesh will from the flesh reap corruption. But he who sows to the Spirit will from the Spirit reap eternal life. Let us not be weary in doing good, for we will reap in due season, if we don’t give up. So then, as we have opportunity, let’s do what is good toward all men, and especially toward those who are of the household of the faith.

—Galatians 6:7 … 10

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Team Kimberlin also seems to have a continuing problem with Exodus 20:16—

Thou shalt not bear false witness against thy neighbour.

Team Kimberlin Post of the Day

Team Kimberlin’s forecasts of the direst of dire direness befalling me have consistently been a source of pointage, laughery, and mockification aimed at them. Yesterday’s TKPOTD dealt with a silly prophecy from Matt Osborne, This post from six years ago today, What’s Past is Prologue, made fun of a tweet from Bill Schmalfeldt.

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The Cabin Boy™ seems wowed by three-year old tweets. Meh. The Vast Hogewash! Archives have plenty of his impotent threats filed away, some from more than a year before the ones recycled this morning, some from this month.MU201607280438ZIt’s interesting to compare the timestamp on this tweet with when he was checking in here. He took his first look after midnight at 12:36 ET, and his tweet is stamped 12:38 ET. Then, less than 15 minutes later, he began searching Hogewash! using terms such as “filed by the state,” “I was not a party,” and “Maryland v. Schmalfeldt.”

Who is sweating bullets?

* * * * *

These comments from the original post are some of the milder mockery—

Team Kimberlin Post of the Day

Several of the losing fights Team Kimberlin picked dealt with copyrights. For example, Bill Schmalfeldt tried to get this parody image suppressed.He was unsuccessful, as this DMCA Workaround post from nine years ago today predicted.

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If Bill Schmalfeldt were to file a bogus DMCA takedown notice on the image in this post, it could easily be replaced with this image:thecrew2

I’m told that the picture of his face was taken from is a U. S. Navy publicity photo that is in the public domain.

Even the Sore Loserman’s wrongheaded theories of copyright law won’t permit him to send a lawful notice relating to the image above.

UPDATE—Maybe he should get some more advice from the guys at Acme.

Meep, meep.

UPDATE 2—The reader who created the original parody image has emailed me:

As is noted in Wikipedia, “Jabba the Hutt’s image has since played an influential role in popular culture, particularly in the United States. The name is used as a satirical literary device and a political caricature to underscore negative qualities such as morbid obesity and corruption.”

There are parallels between Team Kimberlin and Jabba the Hut’s crew. Mainly the vile nature of their activities, the decline of their social morality, and whether or not Mr. Schmalfelt ever really had a neck.

This is why “The Hutt” was chosen. It was a cultural metaphor for Mr. Schmalfelt and in large part, Team Kimberlin. They debase themselves by their very existence. They’re a cosmic joke. An accident. They should never have happened, but they did. Like the “Island of misfit psychopaths and malignant narcissists,” they somehow found each other. And we are all the worse for it. The world is the worse for it.

However, I still have the right to criticize their psychological deficiencies.

* * * * *


Team Kimberlin Post of the Day

One of the more pathetic aspects of Team Kimberlin’s cyberharassment has been their predictions of the direst of dire direness about befall their targets. This Legal LULZ Du Jour from five years ago today dealt with a particularly laughable threat.

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The hogewatch dot com domain hosted on the server with jtmp dot org and other Team Kimberlin websites is empty. Maybe the Cabin Boy™ means the Hogewatch tab at Breitbart Unmasked Bunny Billy Boy Unread. Or maybe he’s referring to the now defunct (at)hogewatch Twitter account.


It would not be unreasonable for certain members of Team Kimberlin to be looking over their shoulders and wondering who’s next.

* * * * *

As for who’s next, that’s for me to decide. I’m not through with them yet.

Team Kimberlin Post of the Day

Many of Team Kimberlin’s troubles have stemmed from their misunderstandings of copyright and other intellectual property law. This post On IP and IP is from nine years ago today.

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It may have been a bit of rough day for Cabin Boy Bill Schmalfelt. First of all, the IP address for the name server for his hate sites dedicated to Aaron Walker, Stancy McCain, and me don’t seem to be working. It looks like some sort of technical glitch.

Second, I received a copy of a DMCA takedown notice that was sent by the photographer who owns the copyright on the head shot I use under license on the blog’s About page. Given the Cabin Boy’s long-winded assertions of his rights to his intellectual property, one wonders why he appears so upset that a copyright holder would complain about work being used without permission.

Sore Loserman.

* * * * *

Some years later during on of Bill Schmalfeldt’s turns as editor of breitbartunmasked dot com, he used some material from Hogewash! without permission. When I sent a DMCA takedown notice to BU’s ISP, the site was forced to move offshore in order to avoid divulging the owner’s name in a counterclaim.

Stupid is as stupid does.

Team Kimberlin Post of the Day

Sometimes the members of Team Kimberlin have really had to stretch to make a bit of “evidence” appear to support one of their silly claims. This post about William’s Clean .45 from  nine years ago cites one example.

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Back in January, when Bill Schmalfeldt tweeted to some of us that he was going after our kids, my 25 year old son William did a guest post suggesting to the Cabin Boy that he would be a more appropriate target for Schmalfeldt to take on rather than some of the toddlers or even teenagers among our kids. William included a picture of himself so that Schmalfeldt would know who to come after.

Schmalfeldt insists that the picture constitutes a threat because it shows William cleaning a pistol. He keeps saying how he’s going to use it in court. Actually, he’s already tried. His lawyer showed the picture to me for identification while cross examining me during the 28 February peace order hearing. When I said, “That’s a picture of my son cleaning his .45,” he asked me if thought it was threatening. When answered, No,” he dropped that line of questioning without introducing the picture into evidence.

Here’s what the lower lefthand corner of the picture shows:Wm'sClean45

As you can see, the pistol is disassembled. I’ve labeled the major components. A field stripped pistol isn’t much of a threat.

One would think that, given his service as a Medical Corpsman with the Marines, Bill Schmalfeldt would have see enough field stripped pistols to recognize a picture of one.

OTOH, given the unsafe gun handling he demonstrates in this picture, he may not have learned much from the Marines after all.GEOne more thing … Someone’s gonna ask, so I’ll answer this now. It’s not a Model 1911. It’s a CZ97.

* * * * *

They’ve been lucky that they’ve only been shooting themselves in the foot metaphorically. So far.

Team Kimberlin Post of the Day

As I wrote yesterday, things would have gone better for Team Kimberlin if they’d just taken their Ls and quit. This Prevarication Du Jour is from seven years ago today.

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grouch356|201507141854ZThe Cabin Boy™ should be used to that kind of outcome. The settlement agreement for the Hoge v. Schmalfeldt copyright lawsuit granted him nothing of what he sought in his counterclaim, but I got the infringing material taken down—the most important item on my list.

* * * * *

The Cabin Boy™ was whining about how his case was falling apart in LOLsuit V. He would up dismissing on his own as he skulked away to Wisconsin.

Team Kimberlin Post of the Day

The past decade would have gone better for Team Kimberlin if they’d been able to take their Ls and move on, but the usually chose to compound their defeats by appealing initial losses. Nine years ago, I posted #BillSchmalfeldt Thinks He’s Appealing.

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

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

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

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

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

* * * * *

Not only did Schmafeldt see his petition rejected by the Court of Appeals, he wound up having having that first peace order extended because of his refusal to abide by the order’s terms.

Team Kimberlin Post of the Day

One of the tactics Team Kimberlin has used against their perceived enemies is to attempt to have them committed for an involuntary psychiatric evaluation. Brett Kimberlin tried and failed to have his wife evaluated. Bill Schmalfeldt tried and failed to have my head examined. Sic years ago today, I posted what had come In Today’s Mail.

* * * * *

This was in today’s mail.

So for the time being, I’m officially not mentally defective and a danger to myself or others. There’s no official word on whether I might be one or the other, just not both.

* * * * *

I particularly enjoyed these comment to the original post—

Team Kimberlin Post of the Day

Alinsky’s Rule 5 states

Ridicule is man’s most potent weapon. There is no defense. It is almost impossible to counterattack ridicule. Also it infuriates the opposition, who then react to your advantage.

It has certainly been a useful weapon against Team Kimberlin, and one of the ways I’ve poked fun at them has been giving them nicknames. While the unconstitutional gag order was in effect against Aaron Walker, I called Kimberlin “Lord Voldemort (He Who Must Not Be Named).” When Kimberlin posted a pirate-themed website, he became “The Dread Pirate Kimberlin.” When he represented himself in his LOLsuits, he became “The Dread Pro-Se Kimberlin.” At other times, other P-words—Perjurer, Performer, Publisher, etc.—were part of the title. When he defaulted on sanctions and other moneys owed, “Dread” became “Deadbeat.”

Other members of Team Kimberlin were assigned positions in the pirate crew. One of the Gentle Readers named Bill Schmalfeldt as the Cabin Boy, so he is now Cabin Boy Bill Schmalfedt™.

This post from nine years ago today was about Schmafledt calling the readers of this blog Old Biddies.

* * * * *

Cabin Boy Bill reads my blog.

RadioWMS ‏Old biddies nattering about nothing on the comment section of Hoge’s blog. A bunch of old women at a quilting bee, gossiping. Seriously.
10:43 PM – 9 Jul 13

UPDATE—An anonymous coward from Team Kimberlin comments:TK20130710

Nice try, but that nickname won’t stick. I’m Jewish from the waist down.

* * * * *

Some people just aren’t cut out for … oh, never mind.

Team Kimberlin Post of the Day

Team Kimberlin is a bunch of bullies and bully wannabes, and one common characteristic of bullies is their belief that it is unfair when a victim pushes back. “No fair! You hit me back.” Team Kimberlin spent several years in shock when they had begin dealing with be held accountable for their actions. This Prevarication Du Jour from five years ago today dealt with a complaint from Bill Schmalfeldt about the consequences of his cyberbullying catching up with him.

* * * * *

That tweet is addressed to (at)breitbitnews and (at)wjjhoge. While it is true that Breitbit News seems to be “full of lies and thoughtless garbage,” given the Feltdown in which the tweet is embedded, I’ll bet it is really addressed to me.

Gentle Reader, note the timestamp on the tweet: 11:58 last night. At 10:06:18 last night, the Cabin Boy™ logged in to Hogewash!, and conducted a search on the term tenant. His search returned 14 hits which contained the following—

A Don’t Know Much About History post pointing out that Napolean once held the rank of Second LieuTENANT

A post about the previous Maryland Governor’s race that mentioned one of the candidates, LieuTENANT Governor Anthony Brown

A post making fun of Very Ordinary Seaman Ferguson which ended with a picture of John Cleese as the French soldier mocking King Arthur that was captioned: MainTENANT pars, ou je vais vous marguer une seconde fois!

A post about my time in the Army when I held the rank of Second LieuTENANT

A post about one of my mentors, Paul Klipsch, that notes he served as a LieuTENANT Colonel

Some Yours Truly, Johonny Atsign episodes featuring LieuTENANT Bradshaw

Thus, the Cabin Boy™ had just searched Hogewash! and had seen for himself that I have never published anything about him as a tenant. Yet, he recklessly published that false tweet any way. That was very unwise.

It would also be unwise for any litigant in a civil matter to move without immediately informing the court(s) involved of his change of address.

UPDATE—I suppose Schmalfeldt’s question deserves an answer. Hypothetically, it would not be OK for someone to be denied a lease because of lies someone had told about him. However, I don’t believe that is what has happened to Bill Schmalfeldt.

* * * * *

A dozen restraining order can have an adverse effect on one’s reputation.

Team Kimberlin Post of the Day

One of the reasons for the chronic failure of Team Kimberlin’s lawfare has been that they have continuously acted as if the laws rules of civil and criminal procedure should be as they want them to be rather than as they are. OTOH, playing by the rules has enabled some successful pushback against The Dread Deadbeat Pro-Se Kimberlin and his minions. This post from nine years ago today shows how playing by the rules in Hoge v. Schmalfeldt resulted in the first of a dozen restraining orders being issued against Schmalfeldt.

* * * * *

Since there seems to be some bogus information about the Hoge v. Schmalfeldt case circulating on the Interwebs, I thought I’d lay it out simply. Here goes.

There were several elements that had to be proved in order for the peace order to be issued.

First, it had to be shown that Bill Schmalfeldt had engaged in one of the acts that can trigger a peace order. That was harassment in this case. In order to prove that he had engaged in harassment, I had to show that he engaged in a course of conduct designed to harass, alarm, or seriously annoy me and that he did it after being put on notice to stop communicating with me. I also had to show that he did it without any legal purpose. Let’s examine how that was proven.

Course of conduct. That requires more than a single act. In the first hearing in District Court, that was shown by a series of tweets sent over several days, a blog post, and material included in an Internet talk show, all of which Schmalfeldt acknowledged as his work. In the Circuit Court only tweets were introduced, but this time they ranged over a period of several months.

Harass, alarm, or seriously annoy. The contents of some of the tweets demonstrated an intention to harass. Some of them, in the context in which they were sent, could cause a reasonable person to be alarmed, and some of them were plainly annoying. Furthermore, the tweets were addressed to me and were sent after being placed on notice to stop.

Notice to stop communicating with me. A copy of the blog post and the tweet I sent to Bill Schmalfeldt were placed in evidence. In the Circuit Court case, a tweet he sent acknowledging the existence of my notice was also explicitly introduced. Schmalfeldt authenticated his tweet.

Without any legal purpose. Schmalfeldt claimed that his activity as a “journalist” gave him license to continue to contact me after I had told him to stop. Judge Rasinsky plainly told him that he was wrong in his belief. Both Judge Rasinsky and Judge Stansfield found that Schmalfeldt’s communications addressed to me were sent without any legal purpose. Those findings included the statutory exceptions for political speech or publishing information to others.

Second, I had to show that without a peace order it was likely that Bill Schmalfeldt would continue his harassing behavior. To prove this, additional tweets which were not necessarily directed to me but which discussed his harassment of me were placed in evidence. These tweets came in without objection. The arc of Schmalfeldt’s behavior as shown by the tweets apparently convinced Judge Stansfield.

Aside: My lawyer and I agreed that I should present only enough evidence to secure the peace order. Too much stuff might allow for the possibility of Schmalfeldt’s lawyer finding a bogus point to argue. Most of the available evidence stayed in our briefcases. What Judge Stanfield saw was the tip of the iceberg, but it was enough.

I sought the following relief: That Bill Schmalfeldt should not contact me, attempt to contact me, or harass me.

Here’s the relief granted: In addition to the boilerplate stuff about refraining from a list of crimes such as assault, Bill Scmalfeldt was ordered not to contact me, attempt to contact me, or harass me, and to stay away from my residence for 6 months.

Note that he is free to write about me. He can be as obnoxious or vulgar as he wishes so long as he doesn’t write to me. Or call me on the phone. Or send me mail. Etc.

Twitter has not been put out of business. Bill Schmalfeldt’s First Amendment rights are still intact. What’s also intact is my Ninth Amendment right to be left alone. Schmalfeldt must either respect it or be in contempt of a court order.

Sore Loserman Bill has been frothing at the keyboard about how others don’t have to follow the same rules, how he can be insulted without the right to respond. Bullshit! The Cabin Boy can write about me or Aaron Walker or whomever he chooses as long has he avoids defamation and threats. But if he’s been told not to contact someone, he needs to knock it off.

He claims that his offensive tweets are a response to things written about him. That may be, but his responses are written to rather than about someone. If he writes, “John Doe is a jerk”, he’s written about Doe. If he tweets, “@johndoe is a jerk,” he’s writing to Doe, and if Doe has asked him to stop contacting him, he may be in trouble.

He’s also been whining about feeling dissed by being called things like “Cabin Boy.” Tough. If he can’t stand the heat, he should get out of the kitchen.

If past is prolog, then we can expect that the Cabin Boy’s acting out will continue unless he is further restrained by the courts.

UPDATE—One of the anonymous cowards of Team Kimberlin wishes to comment. WordPress trapped this as spam.TK201307071438V

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Schmalfeldt is a slow learner.

Team Kimberlin Post of the Day

In case you’re wondering how easy it is to abuse a Red Flag law, this INMTUYK from six years ago today shows how Bill Schmalfeldt tried to have me put away for an involuntary psych evaluation.

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I received this email a few minutes ago.

The temptation to engage in PLM concerning this is great, but I’m disabling comments on this post in order to keep from educating the monkey.

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I was fortuanate in that the petition was presented to a judge who knew Bill Schmalfeldt from multiple appearance in his courtroom. The petition was denied without a hearing.

Not every victim of a bogus Red Flagging will be so lucky.