18 USC § 1001


(a)Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1)
falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2)
makes any materially false, fictitious, or fraudulent statement or representation; or
(3)
makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
(b)
Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
(c)With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—
(1)
administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2)
any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

That’s the law Scooter Libby was convicted of violating. It’s the law that Michael Flynn was pressured into pleading guilty to.

It’s being reported that U.S. Attorney John Durham will be interviewing former CIA Director John Brennan. Mr. Durham has already subpoenaed a great deal of Director Brennan’s emails, phone records, and other documents, so the former spymaster should probably choose his words carefully. Or invoke his Fifth Amendment right to silence.

Team Kimberlin Post of the Day


Team Kimberlin seems to view having religious beliefs as a weakness, and they’ve tried to use mine against me, usually trying to make me out as a hypocrite. (Like every human, I am hypocritical about some things. Team Kimberlin has been surprisingly inept and exploiting my character flaws.) Five years ago, Bill Schmalfeldt tried to defend one of his many peace order violations by going on the attack against me. I responded with a post about #Bill Schmalfeldt and the Commandments.

* * * * *

The Cabin Boy asks me to denounce murder. OK. Consider it denounced. I haven’t killed anyone since I left Viet Nam, and I am opposed to the wrongful taking of an innocent human life. That includes abortion.

The Cabin Boy asks me to denounce adultery. OK. Consider it denounced. I have been the faithful husband of one wife for almost 34 years now. I do not encourage adultery. I also don’t encourage spousal abuse. BTW, Bill Schmalfeldt appears to claim to be a practicing Catholic. What does his priest tell him about the Catholic Church’s doctrine on divorce and remarriage?

The Cabin Boy asks why I don’t distance myself from people who masturbate. Really? I have no intention of cutting myself off from most of people in the world.

The Cabin Boy asks why I continue to bear false witness against others. I don’t knowingly do it, so I can’t stop what I’m not doing. OTOH, Schmalfeldt is a proven liar. For example, he first claimed that he took down a tweet containing @wjjhoge on the evening of 7 July within seconds of posting it by mistake. His story then changed to within a couple of minutes. I downloaded the tweet when it was 21 minutes old as you can see in the yellow highlighted area below.AnotherLie

Of course, there was nothing honest in the Cabin Boy’s questions. He was just trying to use Alinsky’s Rule 4 on me.

Make the enemy live up to its own book of rules.

If I tried to apply the same rule to the Sore Loserman, I’d be up against a serious problem.

The lawless don’t follow any rules.

UPDATE—It’s actually quite pathetic to see how the Cabin Boy attempts to tap dance his way out of documented lies.

On Sunday, 7 July, I attended a meeting in Catonsville, Maryland, that did not end until 9:00 pm. There are witnesses. I drove the more than 30 miles home to Westminster and did not have a computer in the car, even if I could have operated one while driving. There was a passenger with me, another witness. I arrived home just before 9:40 pm.

Schmalfeldt’s original post is timestamped 9:22 pm. I checked my Twitter account and saw it in my timeline just after 9:40 pm and screen capped the @RadioWMS page at 9:43 pm.

If Schmalfeldt’s claim were true, he would have taken down the tweet by 9:25 pm and I would have never seen it. At 9:25 pm, I was someplace along MD 140 several miles from home.

UPDATE 2—Yeah, he needs tap shoes instead of a tutu. Either the Cabin Boy’s reading comprehension is fading or his desperation is really taking hold. He seems to be spending his time arguing against points not in this post or the UPDATE.

Also, he should have learned from his experiences in court that I don’t litigate on the Internet. The real, convincing evidence goes to the judge before it is published. He can try to persuade his 37 followers. I only have to convince one judge and let his verdict inform the public.

UPDATE 3—A correction: In reviewing the timestamps on images and log entries, I find that I misread some of the log entries. I opened the Mail and Safari applications on my Mac at 9:43 pm. Twitter was one of the sites opened in my browser. Schmalfeldt’s tweet came in at 9:44 pm while I was tending to email. Schmalfeldt is correct in stating that is when he posted it. When I noticed his tweet, I went to the @RadioWMS feed, and screen capped the tweet at 10:06 pm. Here is the entire browser window capture:RadioWMS201307080206Z copy

FileCreationDateAnd here is the date of creation timestamp from Mac OS X. Note that the timestamp is in GMT. 0206, 8 July GMT is 10:06 pm, 7 July ET.

I apologize for my error in reporting the actual timestamps.

Schmalfeldt claims that he took the tweet down at 9:48 pm. That isn’t consistent with when I found it in the @RadioWMS feed, but even if it were true, it isn’t consistent with his claim of deleting the tweet within a few seconds or a couple of minutes. Even his own “evidence” doesn’t support the stories he’s been telling for the past month.

The Cabin Boy is a man who seems to be unwilling to take responsibility for his own words or to claim he never uttered them. In the first peace order hearing in District Court he claimed to be unaware of being put on notice to stop contacting me. Yet, on the afternoon that I sent the notice, he sent a tweet linking to my post containing the notice. Perhaps his memory is bad, or perhaps it’s merely conveniently bad. Whatever. Gentle Reader, you may choose whose word you trust.

UPDATE—Thanks for the proofreading. Fixed it.

* * * * *

The Cabin Boy™ has filed seven LOLsuits and one set of counterclaims alleging that people have been publishing defamatory lies about him. Four of those civil actions have included me as a defendant. Schmalfeldt lost all eight of them.

I’m not done with him yet.