Team Kimberlin Post of the Day


Brett Kimberlin’s inept attempts to use lawfare as a form of brass knuckles reputation management has given the Internet one of its best examples of the Streisand Effect. First, he picked on a a leftwing blogger named Seth Allen. Then, he went after people who were trying to help Allen, especially a lawyer named Aaron Walker. When The Dread Deadbeat Pro-Se Kimberlin secured a patently unconstitutional gag order against Aaron as part of a peace order, the blogosphere replied with Everyone Blog About Brett Kimberlin Day.

Among the people who rallied to Aaron’s defense was Ali Akbar, who was President of the National Bloggers Club. That put Ali in TDPK’s sights, and Breitbart Unmasked began putting up post clearly designed to intimidate Ali. Seven years ago today I ran, this post titled More Attempted Intimidation.

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Brietbart Unmasked, a web site associated with Brett Kimberlin and Company, has published what looks like an attempt to intimidate blogger Ali Akbar and his family. There are summaries of what’s happened so far at Twitchy and The Other McCain.

Ace of Spades is calling for a National Day of Blogging Silence on Friday. He is planning to go silent on that day except for the posting of an open letter to his congresscritter urging action to protect bloggers and their First Amendment rights. Other bloggers are hopping on that bandwagon. This blog will probably participate.

It was unwise of Mr. Kimberlin to begin picking on bloggers. It is even more foolish to try to go after Ali Akbar. I will repeat my advice, paraphrased from Rick Blaine’s advice to Major Strasser: Well, there are certain portions of the Internet, Mr. Kimberlin, that I would not advise you to invade. [See UPDATE 3.]

UPDATE—Datech Guy posts this:

Lets see Democrat operatives deciding they don’t like what a Black political activist is doing.
So they attempt to intimidate and threaten the activist’s family in order to make him stop.
… where is the NAACP? Where is the Wall to wall coverage in the MSM? Where is the congressional Black Caucus? Where is President Obama saying that if he had a son he would look like Ali? When will Eric Holder begin his investigation or is he waiting till Kimberlin & associates ask Ali & his family to show an ID to vote?
BTW, I’ve met Ali’s mother, she is a charming and intelligent woman. I suspect any attempt to intimidate her is going to fail spectacularly.

UPDATE 2–Stacy McCain adds this:

Does the phrase “Don’t mess with Texas” ring a bell? Maryland courts have been incredibly lenient with the Kimberlin/Rauhauser axis, but Ali assures me that Texas won’t take too kindly to the purposeful harassment of one of its law-abiding citizens. Ali’s mother has harmed no one, and whoever thought up this sick stunt might find themselves prosecuted to the fullest extent of the law—Texas law. IYKWIMAITYD.

UPDATE 3–The Datech Guy has another related post. If you don’t get my Casablanca allusion above, click on the video in his post.

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Aaron Walker, Ali Akbar, and Stacy McCain have been among my 40+ codefendants in the various LOLsuits Brett Kimberlin has filed (and lost) against me (and them). While we’ve certainly been harassed and inconvenienced by Team Kimberlin’s [expletive deleted], we haven’t been intimidated. Indeed, we’re all going strong in our chosen activities on the Internet and in the Real World.

Meanwhile, Breitbart Unmasked Bunny Billy Boy Unread has sort of petered out. The most recent thing there is a feeble jab at Ali that Bill Schmalfeldt wrote before he left for his winter vacation in Montana.

Team Kimberlin Post of the Day


Six years ago, Bill Schmalfeldt was off on a Kimberlin-is-Hoge’s-white-whale tangent. The Cabin Boy™ was apparently triggered by a graphic which I believe was created by Kimberlin Unmasked and that appears to have really gotten underneath The Dread Deadbeat Pirate Kimberlin’s skin. Indeed, TDPK sent me a copy of that graphic during discovery in the Hoge v. Kimberlin, et al. case as evidence he planned to use for his defense in that lawsuit.The TKPOTD for six years ago today was my response to the Cabin Boy’s nonsense.

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Cabin Boy Pip Bill’s latest idée fixe is that I’m obsessed with Moby Brett. If that were the case, I’d have added one of these to my gun collection by now.Whaling_harpoonImage Credit: Stahlkocher (GNU Free Documentation License)

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I hear that those things are a bit of overkill on manatees.

Team Kimberlin Post of the Day


Yesterday’s TKPOTD took a retrospective look at Bill Schmalfeldt as Mr. Down Twinkles and Slappy McWingnut. While I was reviewing posts for possible recycling today, the TKPOTD for 2 June, 2013, had a link to any earlier post titled Slappy McWingnut’s Surprise. That post begins by quoting a still older post.

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In December, 2011, I posted this brief article.

Christopher Hitchen’s Surprise

Allahpundit posts:

I ask this earnestly, not to troll: If Hitchens is getting a surprise, isn’t it necessarily a nasty surprise according to Christian doctrine?

Christopher Hitchens’ beliefs concerning God were nearly 180 degrees opposed to mine. Either he is in for a big surprise, or I’m not. Either he is meeting a Maker whose existence he denied, or I will pass on into nothingness when my life ends.

I greatly admired Mr. Hitchens’ talents as a writer and debater, but I believe that God is just and that, being just, God will honor the choice Mr. Hitchens took to be separated from Him.

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After listening to some of the recent preaching by Slappy McWingnut (aka Elder William, The Lord of Satire) (No, I won’t link to it.), it seems that his view of God is nearly as far out of line from mine as was Mr. Hitchen’s, but in a different direction.

McWingnut preaches that his god is a “pissed-off” god who hates being interrupted by prayers. Another part of McWingnut’s schtick seems to be that one can keep this god from being angry by giving money to support his ministry. (OK, that’s a fair parody of a lot of “religious” scam artists.) McWingnut preaches his god’s hate.

The God I serve is loving, and because He is, He grants us the freewill to choose to love or not love Him in return. If we choose to enter into a loving relationship with Him, He is delighted. If we do not, He respects our choice.

If you check out the answers in the back of the book, you’ll see that God says that at some point He will gather those of us who choose to be His to live in His presence. You’ll also see that He says that He will honor the wishes of those who have chosen not to love Him.

My God loves everyone, including Slappy McWingnut.

UPDATE—I’ve had a question about describing God’s reaction to our love for Him as “delight.” In the opening section of Ephesians, Paul writes that God’s intention for us is

… εἰς υἱοθεσίαν διὰ Ἰησοῦ Χριστοῦ εἰς αὐτόν κατὰ τὴν εὐδοκίαν τοῦ θελήματος αὐτοῦ …

which can be translated as

… for adoption as children through Jesus Christ according to the delight of His will …

That word in boldface, εὐδοκίαν, literally means well-seeming or, idiomatically, delight. Most English translations render it as pleasure or good pleasure, but I believe that “delight” better reflects the joy that God says He finds in loving relationships with us.

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Here endeth the lesson.

Team Kimberlin Post of the Day


Recently, a person I call Mr. Down Twinkles has been hitting the thumbs down button again. The TKPOTD for six years ago today was about Mr. Down Twinkles.

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Those of you who have been following the Saga of The Dread Pirate Kimberlin and his crew for a while know that Team Kimberlin has a fanboy that I call Mr. Down Twinkles. Actually, I believe that he’s member of the crew engaging at a lame attempt at sock puppetry.

Of late, Mr. Down Twinkles has been hitting the thumbs down button four times over a short time period for each entry. Visitors get one vote per entry. The vote can be changed from up to down or down to up, but there’s only one vote per customer.BoobyTrap

Of course, logging in with multiple identities from multiple IPs is one way to trick the system into allowing multiple votes.

68.54.86.86 or 69.140.137.83 Comcast
108.178.17.166 Kryptotel
50.115.116.221 WestHost
199.195.212.106 FortaTrust USA

Hmmmmm.

UPDATE—This comment was submitted on 11 May at 4:42 pm ET.

krptotel

This comment was submitted on 20 May at 8:32 am.comcast

This comment was submitted on 24 May at 7:17 am. WestHost runs westdc.net.WestHost

These two attempts were trapped in the spam filter. They were submitted later in the day on the 25th. The IP address 199.195.212.106 is assigned to FortaTrust USA Corporation.FortaTrustI’m posting these attempted comments because I’ve received yet another from Bill Schmalfeldt claiming that my banning of his comments is unfair and that he only uses one IP address.

Uh, huh.

Here’s the log information for today’s attempted comment.comcast2

elderwilliamHere’s the log information from an attempt caught in the spam filter on 26 May. See if you notice any similarities. Yep, the email address on both is elderwilliam@comcast.net, and the website URL is the same on both as well.

However, the originating IPs are different. Today’s missive originated via a Comcast server. The comment caught by the spam filter originated from the same FortaTrust IP as comments caught on the 25th.

Although he has used the elderwilliam identity several times since the comments caught as spam, those were the first use of that ID in anything I received. Thus, I conclude that it is likely that Schmalfeldt sent those comments via the FortaTrust server.

UPDATE 2—BTW, the original post does not mention Bill Schmalfeldt. So why did he feel the need to respond to it?

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Rereading that post reminded me of one of Schmalfeldt’s many Twitter handles—Slappy McWingnut.The related account was suspended for TOS violations.The slappymcwingnut dot com website was hosted by WordPress.com and was suspended there as well.

Bill Schmalfeldt keeps trying to find a public persona that has some staying power. He’s failed. Indeed, the only identity that has stuck was given him by a commenter here at Hogwash! (Monitor 2012)—Cabin Boy Bill Schmalfeldt—to which I have added ™, the common law trademark notice.

Team Kimberlin Post of the Day


Today, we’ll look back six years to a TKPOTD that quoted one of Neal Rauhauser’s ideas about how to effectively conduct lawfare.

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[T]he potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds. The reality of travel, or frightful expenses, or summary judgments needs to be made real. We probably need to make a very visible example of at least one of them before the rest understand.

—Neal Rauhauser

I wonder how the various members of Team Kimberlin feel that strategy is working for them.

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Back in 2013, they might have thought the still has a chance to come out ahead. Now, Bill Schmalfeldt has lost multiple state and federal LOLsuits, Brett Kimberlin has lost multiple state and federal LOLsuits and still owes sanctions and court costs, and Neal Rauhauser has seen a million-dollar-plus award evaporate and turn into a bill for the other party’s legal fees.

Nothing has proceeded as Rauhauser hallucinated, but he’s has made himself a very visible example of how not to succeed in a LOLsuit.

Team Kimberlin Post of the Day


Team Kimberlin’s delusions of adequacy lead them make some ridiculous demands. The TKPOTD from four years ago today looked fun at a bit of legal silliness from Bill Schmalfeldt.

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adXzgr8The Cabin Boy™ has another ultimatum published. In it, he threatens to file criminal charges against me under Md. Crim. Law §§ 3-803 and 3-805 and to seek a peace order against me if I do not police the comment section of this blog to his satisfaction. Here’s my understanding of the law as it applies to the situation.

Under the Communications Decency Act (47 U.S.C. § 230), I may not be held responsible for the content of comments submitted by other persons to this blog. Also, under § 230(e)(3), I cannot be subjected to any state prosecution or civil liability for those comments either. Thus, under federal law, someone who believes that comments on this blog are defamatory or harassing or otherwise offensive must take it up with the commenter(s) directly and not with me. If the Cabin Boy™ has a problem with my avatar, he can try to hold me accountable. If his problem is with someone else, he must take it up with him or her. He may not trouble me about it. I’m not obliged to deal with his dispute with a third party.

BTW, The Dreadful Pro-Se Schmalfeldt acknowledged that this is his understanding of the Communications Decency Act in a previous court filing. See Schmalfeldt v. Johnson, et al., Case No. 15-CV-00315-RDB, ECF No. 1 (D.Md. 2015), ¶ 35. Given that Schmalfeldt has admitted that he must take up his complaints against commenters with them and not with me, attempting to hold me responsible for the contents of comments could be construed as an act of bad faith.

Schmalfeldt’s ultimatum threatens criminal charges if I don’t do as he pleases, and he’s demanding that I give him something of value (partial control of this website) that I have no legal obligation to give up. Ironically, he may have violated Md. Crim. Law § 3-704 and § 3-706.

I do my blogging from Carroll County. If the Cabin Boy™ is stupid enough to want to carry out his threats, he knows how to find the District Court Commissioners Office in Westminster.

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What threats he’s made that weren’t completely empty were still failures.

#Loser