The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

Consulting the Legal Department

Posted on | February 21, 2013 | 16 Comments

My previous observation that no one could be sued for libel for merely describing the self-evident fact of Bill Schmalfeldt’s derangment drew a mildly critical e-mail from a lawyer friend:

Not to be a pedant, but the reason it’s not defamatory is that it’s a statement of opinion based on disclosed facts, and therefore not subject to defamation analysis.
Statements of opinion (except for those implying that they are based on hidden, false facts) can’t be defamatory.
Like if you called me a jerk. That can’t be defamation.

To this, I replied:

“Opinion”? Don’t try to fool me with all your high-falutin legalistic argle-bargle, sir!
I’m a professional journalist. I deal with facts, and the Neutral Objective Fact is, this guy is a certifiable nutjob.
Any journalist who says otherwise should turn in their press credentials, clean out their desk and find another line of work.

On at least one previous occasion, Bill Schmalfeldt suggested that certain lawyers he doesn’t like deserve “to have their knees broken with baseball bats.” (You could look it up.)

It it merely an opinion to say that Schmalfeldt’s nuttier than a fruitcake, loony as a goony bird, a few fries short of a Happy Meal?

No, I state as a fact that Bill Schmalfeldt is neurologically impaired, mentally defective and psychologically abnormal.

The kook  is ranting about Lee Stranahan’s teeth, for God’s sake!

Your Honor, I rest my case.

However, aware that a federal judge has recently declared notorious lunatic Barrett Brown mentally competent to stand trial, I wish to reserve my right to the “satire” defense, which Schmalfeldt himself used to defend his statements about anal rape.

Yeah, they banned Bill from Daily Kos for that. And anybody who’s too crazy for Daily Kos will have a hard time proving libel merely because I state the obvious truth that he is bonkers, unhinged, off his rocker, daffy, mad as a March hare and not in his right mind.



16 Responses to “Consulting the Legal Department”

  1. Monitor2112
    February 21st, 2013 @ 7:37 pm

    So don’t hold back McCain…tell us how you really feel.

  2. rmnixondeceased
    February 21st, 2013 @ 8:05 pm

    *snicker* May justice rain down on W. “Wild-Bile” Schmalfeldt!

  3. McGehee
    February 21st, 2013 @ 9:42 pm

    I say mean things about lawyers too — but only because I know they’ll still represent anyone able to pay. If they want respect, I’ll need a discount.

  4. Kevin Trainor Jr.
    February 21st, 2013 @ 9:57 pm

    Kevin Trainor Jr. liked this on Facebook.

  5. jakee308
    February 21st, 2013 @ 10:57 pm

    I think that submitting as evidence the banning by KOS would be all that would be necessary to prove the case.

    Isn’t the truth the ultimate defense of a libel or defamation case?

  6. MrPaulRevere
    February 21st, 2013 @ 10:59 pm

    Why in the sam hell do you post comments at BreitbartUnmasked? Obviously you are some sort of joke.

  7. rmnixondeceased
    February 21st, 2013 @ 11:04 pm

    When I started I was uninformed. I blocked him on twitter and have not gone back once I found out what he is/was. We all make mistakes, some of us recognize them and stop.

  8. Phineas T. Barnum
    February 21st, 2013 @ 11:06 pm

    Bill Schmalfeldt must have skipped over the part of my book where I wrote, “Every man’s occupation should be beneficial to his fellow man as well as profitable to himself. All else is vanity and folly.”

  9. rmnixondeceased
    February 21st, 2013 @ 11:41 pm

    Obviously you are some sort of joke.
    Precisely. This is a parody account, pure sarcasm and snark. Wild-Bile deserves nothing but derision and sarcasm.

  10. Adjoran
    February 22nd, 2013 @ 12:39 am

    You misunderstand.

    When you label Bill Schmalfeldt crazy, you risk defamation suits from the millions of people who are merely crazy, and whose reputations are besmirched by the association with that asshole.

  11. K-Bob
    February 22nd, 2013 @ 1:38 am

    Oddly enough, the phrase “paddling with one oar out of the water” comes to mind. However that seems eerily consonant with the college masturbation thread.

  12. Bob Belvedere
    February 22nd, 2013 @ 8:29 am

    Man, I like your attitude.

  13. Bob Belvedere
    February 22nd, 2013 @ 8:31 am

    Call those mesothelioma lawyer guys!

  14. Bob Belvedere
    February 22nd, 2013 @ 8:31 am


  15. Bob Belvedere
    February 22nd, 2013 @ 8:32 am

    If that lawyer friend of yours, Stacy, has an argle-bargle, he really should get it looked at.

  16. Mike G.
    February 22nd, 2013 @ 1:50 pm

    Why in the sam hell would you go read the comments at BreitbartUnmasked? Never been there…have no desire to read the “stuff” posted there.