Posted on | October 6, 2013 | 29 Comments
Today was my birthday — I’m 54 years old — and other than reminding you of The Five Most Important Words in the English Language (“Hit the freaking tip jar“), I’d like to apologize for the paucity of posting this weekend. I’ve been engaged in deep research for my defense in the Kimberlin v. Walker et al. lawsuit, specifically this:
4. Defendants falsely wrote that other targets of theirs were part of “Team Kimberlin” and published that Plaintiff controlled, paid, and directed this vast network of “unsavory” operatives.
There are many accusations in Kimberlin v. Walker et al. and, while the burden of proof is on the convicted perjurer Brett Kimberlin, who is litigating pro se, a defense against his accusations — the liar has dared accused me of dishonesty — justifies an extraordinary defense. Counsel may choose to pursue a minimal response, based on narrow legal doctrines, and I would be bound by such legal advice. However, my childhood Boy Scout training requires me to “Be Prepared,” i.e., to demonstrate conclusively that everything I have written about Brett Kimberlin is quite literally true. (Ken White at Popehat is soliciting volunteers to assist in defending “The Kimberlin Five.”)
So while many readers are weary of hearing about the deranged cyberstalker Bill Schmalfeldt, his role as a member of Team Kimberlin is quite relevant and, hey, it’s my birthday, OK? Indulge me.
Bill Schmalfeldt’s periodic meltdowns have become so frequent that they are blurring into one continuous fit of incoherent ravings. Friday, I pointed out that Bill Schmalfeldt has claimed direct knowledge of Brett Kimberlin’s legal actions against myself and my co-defendants, joining his fellow Team Kimberlin members in premature celebration of their own imagined future vindication.
Bill Schmalfeldt claimed to know that Kimberlin served me with notice of his lawsuit in Maryland, but I don’t live in Maryland, and have not lived there since mid-2012. Therefore the question arises, who told Bill that I had been served at a Maryland address?
Other questions arise from there, you see.
Bill Schmalfeldt can’t answer any of those questions, or at least he cannot answer them honestly without revealing the source of the false information, because that source must be a member of Team Kimberlin, as is Bill himself. Quod erat demonstrandum.
The Bill Schmalfeldt School of Journalism Ethics teaches many strange lessons, like harassing the wives of journalists who won’t stop telling the truth about convicted bomber Brett Kimberlin:
Notice that he was tweeting on Nov. 23 as “Liberal Grouch” and on Nov. 30 as “Lord of Satire”? He changes his Twitter handle so frequently because he keeps getting himself suspended from Twitter for his habitual cyberstalking and harassment.
Anyway, we know why Bill Schmalfeldt was “investigating” my wife, just as we know why Bill Schmalfeldt harassed Lee Stranahan.
As for the legality of such behavior, I am not a lawyer, and neither is Bill Schmalfeldt, but he occasionally dabbles in pro se litigation, and is representing himself in the Hoge v. Schmalfeldt case. There will be a hearing Oct. 16 on Schmalfeldt’s motion to modify Hoge’s peace order against him, and Schmalfeldt has been rather imaginative in the premature celebration of what he assumes will be his victory.
Since there has been a final judgment in the case, the legal doctrine of res judicata prevents either side from relitigating the court’s previous findings. Those findings must be taken as a given, so, no, neither side gets to tell the judge that he got the facts wrong. The court may permit either side to introduce new evidence that bears on whether or not the order should be changed because of new circumstances, but the initial findings of fact stand. The court may listen to oral argument about how the law bears on any new circumstances.
- I did place Schmalfeldt on notice to stop communicating directly with me on 15 February, 2013.
- Schmalfeldt was aware of that notice as evidenced by his sending a tweet on 15 February referencing it.
- Schmalfeldt continued to contact me directly after being put on notice. Schmalfeldt’s description of how Twitter handled @mentions and @replies was found to be inconsistent with Twitter’s Rules and Best Practices.
- Schmalfeldt’s messages to me via Twitter were found to meet the elements harassment as defined by Md Criminal Law § 3-803.
- Schmalfeldt’s messages to me via Twitter were found to lack a legitimate political purpose and not to be for the purpose of providing information to others; thus, his messages were not covered by the First Amendment exceptions in the law.
- Because all the elements of the crime of harassment were proven, the court found that Schmalfeldt had harassed me during the period in question.
- Based on evidence presented concerning Schmalfeldt’s behavior up until the night before the trial, the court found that he was likely to continue to harass me.
Like a petulant child deprived of some hoped-for treat, Bill Schmalfeldt responds to disappointment with tantrums, lashing out wildly in every direction, enraged that his sense of self-pity is not shared by others. Here we see a typical victimhood gesture:
In June, when a Maryland Circuit Court judge granted Hoge’s peace order, Bill Schmalfeldt falsely claimed: “I’ve only used [Twitter] to respond to lies he tells about me on his blog. . . . Flame wars have just been deemed illegal.” Flame wars continue every day on the Internet, of course. Bill’s problem is that he has bought into the bizarre theory of “Troll Rights,” i.e., believing that other people are obligated to provide him access to their own Internet space.
Schmalfeldt can and does write on his own space. The problem is that almost nobody reads his blog, or follows him on Twitter.
He’s banned on Daily Kos. He’s banned at the Examiner. He gets angry about being ignored, and erupts in frothing rage. So then people pay Bill the only kind of attention he deserves — pointing out that he’s a brain-damaged troll — at which point he claims victimhood. Then the cycle begins again, and Bill makes new threats:
— Ali A. Akbar (@ali) October 6, 2013
@rsmccain great phraseology.
— Ali A. Akbar (@ali) October 6, 2013
@ali Why the Koch Brothers and Karl Rove decided to drive Bill Schmalfeldt to an early grave, I don't know. I'm just following orders.
— Robert Stacy McCain (@rsmccain) October 6, 2013
So, Happy Birthday to me. And here’s a nice parting thought:
Glad I’m not the only one who knows that.