Team Kimberlin Post of the Day

The original reason I started writing about Brett Kimberlin and his minions and enablers was reporting on an unconstitutional gag order that had been issued as part of a peace order he had obtained against Aaron Walker. The gag order was overturned on appeal, and the peace order was denied during a de novo trial in a higher court. Indeed, all of the peace order petitions filed by Kimberlin and his PR flack Bill Schmalfeldt against people reporting on their activities were denied.

OTOH, one peace order sought against Brett Kimberlin was granted, and two peace orders I sought against Bill Schmalfeldt were granted as well.

Schmalfeldt appealed the first peace order and its extension. This post, In Re Schmalfeldt v. Hoge 2, was posted seven years ago today.

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Petition Docket No. 29 for the September, 2014, term of the Maryland Court of Appeals is Schmalfeldt v. Hoge, the Cabin Boy’s™ appeal of the extension of the peace order in place against him. His appeal paperwork (such as it is) is shown below. A respondent is allowed 15 days in which to answer a petition for a writ of certiorari. That time begins running either when the petition is completely filed (with any supplement) or, if no supplement is filed, when the time allowed for its filing runs out. The Cabin Boy’s™ time ran out yesterday without his filing a supplement, so I have until 13 May to file my answer.

I went by the Clerk’s Office at the Court of Appeals to see what he had actually filed. Since he has not raised any new issues of law and since the Court denied his petition for certiorari the last time around, I see no reason to file anything further. I doubt the Court will change its mind about the validity of Schmalfeldt’s legal arguments. There’s always the chance that they might, but the odds are small. Even if they grant his petition, all that means is that he has permission to appeal, not that he has won.

Let me make a couple more points.

First, the Gentle Reader should note that the Cabin Boy™ is only appealing the extension of the peace order. Even if he were to win his appeal, the original order would still stand, so he will be an adjudicated harasser regardless.

Second, a peace order is a civil proceeding. Maryland’s expungement statute applies only to criminal proceedings. Thus, peace orders cannot be expunged.

UPDATE—Fixed a typo. 13 April should read 13 May.

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It turned out  there wasn’t any reason to file a response. The Court of Appeals denied the petition for certiorari.

While I was the first, I wasn’t the last person to have some sort of protective order issued against Schmalfeldt. He wound up with at least a dozen such orders issued in at least five states. One was issued to protect a toddler.

Team Kimberlin Post of the Day

The members of Team Kimberlin clearly wish they could have been influential denizens of the Interwebz, but they’ve failed. There so unimportant that they’ve even had to forge harassing emails and comments to their websites to draw attention themselves17, This Bonus Prevarication Du Jour is from seven years ago today.

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PBT201403171811ZAce investigative journalist Bill Schmalfeldt (Stop laughing; I’m not to the punchline yet.) says he’s receiving emails from someone calling himself “Nomen Nescio.” He asked me about that name during our mediation session in January, and I told him that it was Latin for “Name not known” and that the term was used on legal documents before “John Doe” was common.

It turns out that it’s also used as a blind return address by some anonymous remailers. Over the past month, I’ve received several emails routed through dizum.com, and the all were supposedly sent by “Nomen Nescio” whose email account is “nobody@dizum.com.” It took all of 15 seconds to pull down the headers from the first such email and about a minute on Google to find the dizum.com website.dizumIt’s hosted on a server in Holland. Note the Dutch flag on the dizum.com browser tab.

I’ve never used such a service. While I have had occasion to encrypt the contents of an email (usually because of sensitive client data), I’ve never had to mask my email address.

My best guess is that the “Nomen Nescio” who sent the email shown above is the same person who has tried to post obscene comments here at Hogewash! under various obviously fake names. But that’s just a guess.

UPDATE—I never suggested that the Cabin Boy™ has sent any of the “Nomen Nescio” emails to himself. I would have thought that they came from another source. OTOH, one wonders if these don’t constitute a tacit admission …TacitAdmission

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Losers.

Team Kimberlin Post of the Day

Seven years ago today, I wrote my first post about Brett Kimberlin. It was titled No Thugs Zone.

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Fellow blogger and Maryland resident Stacy McCain has had to move his family out of the state because of threats related to blogging about Brett Kimberlin. He is not the only blogger suffering abuse from Kimberlin.

Mr. Kimberlin was unwise in choosing to pick a fight with the blogosphere. He is likely to find that, while we don’t always agree with one another, we have each other’s backs when the freedom of the Internet is threatened. Mr. Kimberlin and those who have supported him (I’m looking at you, Ms. Streisand) have bitten off more than they can chew. The pushback is just beginning.

UPDATE–The McCain family is having a ton of unforeseen expenses because of their sudden move. I just hit his tip jar. Why don’t you?

UPDATE 2–Expect more, a lot more, about this on Friday.

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I’m not done with him yet.