Team Kimberlin Post of the Day

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

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

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

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

Ahem.

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

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

Yawn.

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

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

Team Kimberlin Post of the Day

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

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

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

Team Kimberlin Post of the Day

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

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

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

Team Kimberlin Post of the Day

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

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

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

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

Good night and good luck. Stay tuned.

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

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

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

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

And soon.

Team Kimberlin Post of the Day

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

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

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

Team Kimberlin Post of the Day

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

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

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

We’ll go paragraph by paragraph.

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

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

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

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

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

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

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

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

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

Team Kimberlin Post of the Day

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

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

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

Murum aries attigit.

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

Team Kimberlin Post of the Day

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

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

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

Team Kimberlin Post of the Day

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

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

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

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

Hmm.

Team Kimberlin Post of the Day

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

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

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

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

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

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

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

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

Team Kimberlin Post of the Day

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

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

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

Team Kimberlin Post of the Day

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

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

OK, so he’s a Journalist. Big deal.

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

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

algore in Nam

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

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

Team Kimberlin Post of the Day

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

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

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

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

Team Kimberlin Post of the Day

Lies upon top of lies—that has been Team Kimberlin’s modus operandi. This Prevarication Du Jour from is years ago today is example of how one of Kimberlin’s PR flacks tried to spin on for the Team.

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@weltschmerz2015|201502122211ZFirst, Roy Schmalfeldt is real, and it’s his turn to buy lunch next time.

Second, Kimberlin did go after Roy Schmalfeldt in his opposition to Stacy McCain’s motion to dismiss. Here the top portion of Exhibit E from that opposition.ECF 259-ExEThe Cabin Boy™ may be an even worse liar than The Dread Pro-Se Kimberlin.

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The Truth never seems to be on Bill Schmalfeldt’s side. He sued Cousin Roy for defamation and wound up dismissing the case with prejudice (on his own!) which effectively was an admission that his case lacked merit. He can never sue Roy again over Roy’s allegation that Bill Schmalfeldt is a rapist.

Team Kimberlin Post of the Day

Here’s the TKPOTD from six years ago today.

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Murum aries attigit.

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That Latin phrase which means “the ram has touched the wall” describes my philosophy in dealing with Team Kimberlin. It’s driven from this passage from Julius Caesar De Bello Gallico:

Ad haec Caesar respondit: se magis consuetudine sua quam merito eorum civitatem conservaturum, si prius quam murum aries attigisset se dedidissent; sed deditionis nullam esse condicionem nisi armis traditis. Se id quod in Nerviis fecisset facturum finitimisque imperaturum ne quam dediticiis populi Romani iniuriam inferrent.

To these things Caesar replied, “That he, in accordance with his custom, rather than owing to their desert, should spare the state, if they should surrender themselves before the ram should touch the wall; but that there was no condition of surrender, except upon their arms being delivered up; that he should do to them that which he had done in the case of the Nervii, and would command their neighbors not to offer any injury to those who had surrendered to the Roman people.”

One of the commenters to the original post asked when the ram touched the wall. I replied:

The ram touched the wall with Kimberlin when he failed to withdraw the state lawsuit and I had to file a motion to dismiss. That was in October, 2013.

The ram touched the wall with Schmalfeldt when he failed to modify his behavior to take advantage of my conditional offer to drop my peace order petition in August, 2014.

“Murum aries attigit” isn’t a decree so much as a statement of historical fact.

I’m not done with them yet.

Click on the image of the mug to buy one at The Hogewash Store.

Team Kimberlin Post of the Day

Brett Kimberlin’s first felony conviction was for perjury, but he also was convicted of attempting to forge DoD driver’s licenses and impersonating a federal officer. He not the only member of Team Kimberlin with A History of Fakery as this post from six years ago shows.

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Bill Schmalfeldt has a long history of faking images and documents. I won’t republish the obscene homoerotic images he created of me that have been placed under court seal, but I will link back to this post which demonstrates one of his forgeries.

BTW, the Cabin Boy was shrewd enough to use a university yearbook photo for one of those pornographic images, but he wasn’t smart enough to check how old I was when I matriculated. I was 17.

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Actual child porn?

Hmmmm.

Team Kimberlin Post of the Day

Yesterday’s TKPOTD dealt with Brett Kimberlin getting mentioned on the Interwebz three years ago in connection with other Democrat operatives involved in the Russian Collusion Hoax. Today, we look back on the reaction to that post from Kimberlin’s principal PR flack Bill Schmalfeldt. Here’s the TKPOTD from three years ago today.

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The Cabin Boy™ continues to demonstrate his substandard reading comprehension. He attempted to submit this comment yesterday evening.His comment is response to this comment by Paul Krendler which does not appear to have anything to do with President Trump.

Did he have to cheat to get that C- on the English as a Second Language Test?

UPDATE—After I prepared this post, the Cabin Boy™ further beclowned himself with these additional attempted comments—

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I also took the opportunity to engage in a bit of pointage, laughery, and mockification with this episode of Blogsmoke.

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SOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICOCHET

MUSIC: UP AND UNDER—RECORDED—CUT 1

ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!

MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2

ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)

JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.

MUSIC: MAIN TITLE—RECORDED—CUT 3 Continue reading

Team Kimberlin Post of the Day

Team Kimberlin is a worked example of the saying that first-rate people hire first-rate people, and second-rate people hire third-rate people. The Prevarication Du Jour from seven years ago today show the caliber of the PR flacks Brett Kimberlin hired.

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The Cabin Boy™ is hearing voices again.@ftr_r201402050146ZI did make a settlement offer to The Dread Pro-Se Kimberlin in the early stages of the Kimberlin v. Walker, et al. nuisance suit. I was willing to settle for a payment from him to me of one million dollars. That offer came off the table as soon as the clock ran out and I had to file a motion to dismiss.

I am the only one of the five defendants in that suit who was willing to settle, and I no longer am willing to do so. I suspect that before the dust settles, Brett Kimberlin will wish he had.

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I suppose nonsense like that tweet was meant to create distrust and dissection among the codefendants in The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits. It didn’t work. Nothing in his lawfare campaign did. It was all a failure. His reputation wasn’t vindicated. A court found that it was so bad that he is defamation-proof.

I wonder if he has figured out that suing me was the worst legal mistake he’s made since he was paroled the second time.

 

Team Kimberlin Post of the Day

One of the things that would have been more amusing if I hadn’t been a defendant in The Dread Deadbeat Pro Se Kimberlin’s LOLsuit were the crackpot legal theories advanced in support of his cases. The TKPOTD from seven years ago dealt with one of his wacko legal ideas.

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In their latest attempt to find a legal theory that might save The Dread Pro-Se Kimberlin’s frivolous and vexatious lawsuits, Team Kimberlin has sent the Cabin Boy™ out to float the idea that res judicata applies as to whether or not TDPK is a public figure. Schmalfeldt has posted a clip (No, I won’t link to it.) from the docket of the Kimberlin v. Allen suit which shows that Judge Quirk ruled against Seth Allen’s motion to declare Kimberlin a public figure. Res judicata to the rescue!

Au contraire. Take a look at this more complete bit of the record.BK v Allen 119:140Docket Number 140 is the record of the judge’s ruling on Docket Number 119. Docket Number 119 was Seth Allen’s motion.

Here’s why that’s important: Res judicata applies when the same matter is brought up a second time in litigation between the same parties. Thus, Seth Allen is no longer allowed to argue in court that Brett Kimberlin was public figure before February, 2012. Anyone else can, and Mr. Allen can still argue that TDPK may have become one since then.

There’s a long string of case law supporting the principle that someone who is convicted of an infamous crime becomes a public figure. I argue that Brett Kimberlin, who is, after all, a convicted serial bomber with dozens of other felony convictions, is a public figure just like other convicted serial bombers—like Ted Kaczynski (“The Unibomber”), for instance.

They must be working overtime at Acme Law.

res_judicata_long_sleeve_tshirtUPDATE—Res Judicata t-shirts, coffee mugs, and other goodies are available at The Hogewash Store.

Stop by today and spend some of your hard earned cash in support of Team Lickspittle.

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It turned out that res judicata did matter in most of TDPK’s LOLsuits. It wound up being one of the bases for dismissal for failure to state a claim upon which relief could be granted in most of them.

Team Kimberlin Post of the Day

One of the more puzzling aspects of dealing with Brett Kimberlin is his clumsy lying. This Prevarication Du Jour dealt with one of the lies he told in a court filing which included an exhibit that proved his claim was false. It ran seven years ago today.

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The Dread Pro-Se Kimberlin has filed a motion for a preliminary injunction in the vexatious Kimberlin v. Walker, et al. lawsuit that would require Hogewash! to take down all posts mentioning him that have appeared since 7 July, 2013. Such injunctions are usually not allowed because of the First Amendment.

True to form, the motion he filed seeking the injunction is full of … is full of … of … well, let’s just say there’s a lot of misleading bullshit in it. Consider this bit of nonsense from the end of paragraph 9.BK M4PI-9

His Exhibit E is a page from this, a certified copy of the Application for Statement of Charges and the Statement of Charges in Maryland v. Brett Kimberlin. Given that a Court Clerk won’t give out copies of sealed documents (let alone certify them), you can bet that I obtained the document properly back in October, 2013. The record was only sealed about a month ago. Thus, what I have posted is a legally obtained public document which can be published. All sealing after the fact does is prevent other persons from obtaining further copies from the Court. Meanwhile, the certified record I posted is in the public domain.

The document I published was not under seal. OTOH, Kimberlin has included documents that are still under seal in one of his recent filings in the Kimberlin v. The Universe, et al. RICO Madness. Exhibits O, Q, S, T, U, V, W, and X in Plaintiff’s Response to Defendant Hoge and Walker’s Motions to Dismiss are sealed documents obtained during discovery in the Virginia Walker v. Kimberlin, et al. lawsuit. They are still under seal. If TDPK really needs them as evidence in the RICO Madness, he should have applied to the court in Virginia to have them unsealed for that purpose. Putting those exhibits in an unsealed court filing is a form of publication.

So let’s get this straight. When I publish a freely available document that is sealed months later, that’s bad. When TDPK publishes documents that he knows are sealed at the time, that’s OK.

Uh, huh.

Ain’t buyin’ it.

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Kimberlin leaked sealed documents from one case to Bill Schmalfeldt for publication at Breitbart Unmasked. He tried to get the protective order in the Frey case loosened so that he could use sealed discovery in other cases and so he could get them published online. When he tried to use some of the Frey documents in the Hoge v. Kimberlin, et al. trial, Judge Hecker told him that he wouldn’t prevent Kimberlin from using them, but that he couldn’t guarantee that Judge Hazel (the judge in the Frey) wouldn’t hold him in contempt for do so. Kimberlin chickened out.

Team Kimberlin Post of the Day

Back in 2013, Bill Schmalfeldt put out a series of threats to engage in harassment of various bloggers families. Because the Cabin Boy™ had already been harassing families with small children, my Son (who was in his 20s at the time) suggested that Schmalfeldt should try to come after him rather than a picking on little kids. That cased one of the all-time record Feltdowns on Twitter to which I responded with post titled Cabin Boy #BillSchmalfeldt Takes the Bait, Again. It ran eight years ago today. Extended pointage, laughery, and mockification ensued.

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I’ve been fortunate that Cabin Boy Bill Schmalfeldt’s attempts at harassing me have been so inept that they actually have been a source of bemused amusement. That hasn’t been the case for other targets such as Stacy McCain or Lee Stranahan. They have been the recipients of massive trolling and harassment directed not only at them but also at their families.

When CBBS has started up on me, I’ve generally let him roll for a while before making some tangentially related comment. He and his buddies and sock puppets will, without fail, jump on that comment. I’ll let them go on for an hour or so and then tweet that they’ve taken the bait. The trolling ends within minutes.

My son read a tweet by CBBS yesterday that implied that he intended to engage in some more cyberbullying of his previous targets. Given that some of those families have young children, my son decided to put himself in between the bully and the little kids.

CBBS took the bait.

He has been going on about being murdered by my son. Of course, Will has never threatened Bill Schmalfeldt. If his guest post had contained any threat, it would never have been on Hogewash!—this blog does not engage in threats, and any threats received are immediately reported to law enforcement.

One rather silly thing that CBBS has done is to put up a poorly altered version of the photo Will posted of himself, replacing Will’s head with Porky Pig’s. (No, I won’t link to it.) Will’s reaction: “What do you expect from a Loonie Toon?”

Hmmmm. Perhaps, CBBS should be more afraid of Judge Doom and The Dip.

For now … That’s all, folks!

UPDATE—Bill Schmalfeldt appears to want to further beclown himself with his unhinged rants about my son and me. That’s fine by us. Neither of us cares what a foolish fellow with diminishingly small credibility has to say about us. More important, every effort he expends spinning his wheels trying to get our attention is energy he doesn’t spend harassing others. That’s a win-win for Will and me.

Have at it with your BS, BS.

FINAL UPDATE—ROFL. Black Betty included a link to this picture in her comment below. I’m posting it here in order to save the Gentle Reader a mouse click. As I type this, CBBS and Breitbart Unmasked are wasting bandwidth with potty-mouthed tweets about Will and me. Good. It keeps them off of someone else’s back.ThecrewBill Schmalfeldt has filed a DMCA takedown notice on the original parody image. This will have to do for now:thecrew2

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That was the first of several false DMCA claims by Schmalfeldt, none of which worked out well for him.

Team Kimberlin Post of the Day

Six years ago today, I received a series of comments to Hogewash! that were clearly from Team Kimberlin for the purpose of harassment. Here’s one of ’em.So how did that threat work out for them?

Bill Schmalfeldt has gone through dozens of websites, free podcasting trials, Twitter accounts, and radio gigs, but the Cabin Boy’s™ web presence continues to shrink. The same is generally true for 57F Matt Osborne, Very Ordinary Seaman Ferguson, and, especially, The Dread Deadbeat Publisher Kimberlin.

Meanwhile, Hogewash! continues to muddle along as a minor league blog in the right side of the blogosphere.

Team Kimberlin Post of the Day

One of the byproducts of the abundance of lies told by Team Kimberlin has been a recurring feature here at Hogewash! called Prevarication Du Jour. Some days, the lies are so plentiful that I post a Bonus Prevarication Du Jour. He’s one from seven years ago today.

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Baghdad Blob has told a couple of whoppers this morning in reaction to today’s Prevarication Du Jour. Let’s examine them in turn.db201401061241ZI have secured a peace order against Bill Schmalfeldt. Reporting suspected violations of that order to the appropriate authorities is a lawful act. Similarly, suing someone who has already been adjudicated as a harasser for harassment would not only be legal, it would about as close to a slam dunk as one can find in a courtroom. The Cabin Boy claimed in his original tweet that he never threatened me, but in the tweet above he admits he did.

Threatening to accuse someone of a crime in an attempt to persuade him to not do something he legally may do is extortion.

In his original tweet, the Cabin Boy also claimed that he never harassed me. During the last court hearing, I submitted three obscene pictures that Schmalfeldt published as evidence of harassment.

db201401061304ZI’ll discuss just one of the images that I submitted as evidence of harassment. I won’t reproduce any part of it because the judge sealed that evidence. It is a picture of two men engaging in homosexual sex. My face had been put on the person on the receiving end of anal sex. I have not complained about having my face photoshopped into every picture that Schmalfeldt ever published—some were actually clever—but I have complained about being grafted into porn. The judge looked at the pictures entered into evidence, the events surrounding their publication, the web pages containing them, and the Cabin Boy’s comments about them, and he found that their publication was harassment.

BaghdadBlob20140105The picture on the left was inspired by Aaron Walker referring to Bill Schmalfeldt as “Baghdad Blob.” Schmalfeldt’s face has been grafted on to a widened version of the body of Muhammad Saeed al-Sahhaf (aka Baghdad Bob). That’s the image Schmalfeldt complains about. Schmalfeldt wants to equate a parody image that ties his track record of making false predictions of legal victories with a notorious propagandist to hard-core porn. The Gentle Reader may draw his own conclusion as to who is the hypocrite.

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Gentle Reader, could it be that having dozen restraining orders in five states is having some impact on the Cabin Boy’s™ prospects? Perhaps actions really do have consequences.

Team Kimberlin Post of the Day

The thing that got Team Kimberlin riled up and engaged in lawfare and cyberharassment was having truthful information published about them on the Internet. Their responses to the truth invariably involved lies. There lying became so common that this blog began a recurring feature called Prevarication Du Jour. Here’s the PDJ from seven years ago today.

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Perhaps he is relying on the appearance that he has so few assets as to be judgment proof. Perhaps he is relying on a diminished mental capacity defense. Whatever his motivation, Bill Schmalfeldt tells lies.db201401041234ZThat tweet accuses Aaron Walker and me of stealing money. Theft is a crime. If Bill Schmalfeldt has evidence that I have stolen money, he should give that information to law enforcement. If he doesn’t, he would be well advised to publish a retraction.

That tweet accuses Aaron Walker and me of attempting to force someone to commit perjury. That is a crime also. If Bill Schmalfeldt has evidence that I have attempted to force someone to commit perjury, he should give that information to law enforcement. If he doesn’t, he would be well advised to publish a retraction.

Very soon.

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I find it amusing that at Schmalfeldt did in fact try use a diminished mental capacity defense in a criminal case, but he withdrew it when the judge told him that she would have to send him off for a ten-day psych evaluation if he entered such a plea.