The Other McCain

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

Bill Schmalfeldt Continues His Insane Investment in Brett Kimberlin’s RICO Suit

Posted on | February 3, 2014 | 32 Comments

Bill Schmalfeldt ranting, 2011. (Image via Thomas Anderson at Vimeo)

Am I now or have I ever been engaged in an interstate racketeering conspiracy? No, and the allegations by Brett Kimberlin in his federal lawsuit (which John Hoge dubbed Kimberlin v. the Universe, et al.) are utterly absurd. Yet the manifest absurdity of Kimberlin’s conspiracy theory is no deterrent to the bizarre revenge fantasies of deranged cyberstalker Bill Schmalfeldt. And his enthusiasm for the RICO suit highlights Schmalfeldt’s role in “Team Kimberlin.”

Occasionally I am reminded of the multiple ironies of my circumstance as a civil defendant. Perjuring bomber Brett Kimberlin claims in his Maryland lawsuit, Kimberlin v. Walker, et al., that the five defendants have conspired to defame him, and that one of those defamations is to use the phrase “Team Kimberlin” to describe the various persons and online entities that have harassed Kimberlin’s Enemies List. If you are unfamiliar with the background, or have forgotten how this story developed, let me remind you:

  1. The initial cause of my interest in the Kimberlin case was the involvement of disgraced Democrat consultant Neal Rauhauser;
    and
  2. Rauhauser’s role in the story connected the Kimberlin saga directly  to the “WeinerGate” scandal of 2011.

The significance of this is that Rauhauser was evidently the first member of “Team Kimberlin,” and that it was the attempt at “brass knuckles reputation management” — the online harassment of Patrick Frey, Mandy Nagy, Andrew Breitbart, Aaron Walker and others, in which Rauhauser’s involvement was self-evident or strongly suspected — which made Brett Kimberlin an object of widespread attention in 2012. So while Kimberlin now claims in court that he has be wrongfully “harassed,” this is all ultimately a result of Kimberlin’s association with Neal Rauhauser, and yet anyone who mentions the harassment by “Team Kimberlin” (which Rauhauser seems to have coordinated) is accused of defamation.

Whether Bill Schmalfeldt was original a volunteer or a recruit in “Team Kimberlin” is irrelevant to the fact that he is now the most prominent advocate of Kimberlin’s cause. And the closeness of the connection between Kimberlin and Schmalfeldt is that less than 72 hours passed between the time I filed my motion to dismiss in the RICO case and the time Bill Schmalfeldt obtained a copy of that response and began ranting about it online this morning.

Neal Rauhauser was yammering about a RICO lawsuit — aimed at Andrew Breitbart and Patterico, among others — for months before I ever became aware of Brett Kimberlin, and as soon as Kimberlin’s lawsuit was filed in October, Rauhauser bragged online that he has been involved in “research” for that filing. Every lawyer who looked at Kimberlin’s complaint immediately spotted fatal errors, and so I chose to expend minimal effort in answering it. Why should I sweat it, when top-dollar lawyers for my fellow defendants had so clearly pointed out the legal and factual flaws? So my own motion to dismiss was pretty simple:

Motions to dismiss have been filed by other Defendants in the instant lawsuit . . . Defendant McCain incorporates all those motions herein by reference and adopts the reasoning contained therein in support of this motion.

Piece of cake. Let Bill Schmalfeldt rant himself into a frothing fury.




 

 


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Comments

  • Dianna Deeley

    May I be the first to congratulate you on your laconic response?

  • richard mcenroe

    AH HA! Robert Stacy McCain is speechles in his own defense! /sarc

  • robertstacymccain

    At some point, you’ll see Malkin’s motion to dismiss, which is the most brutal to date. After that, there really wasn’t much for me to add.

    I just filed this, BTW, as a sort of token reply — a place-holder, really — because Kimberlin had the effrontery to claim I was evading service, despite the fact that I have twice attended court hearing sin the Maryland case since he filed his federal suit. If Kimberlin had wanted to serve me, all he had to do was to hand the federal suit to the court bailiff and have the bailiff serve me. But evidently Kimberlin thought it to his advantage to claim that I was engaged in mischief, and so I decided to put an end to the whole issue of service.

  • Dianna Deeley

    Very well done.

    I look forward to reading Malkin’s motion. I am not a lawyer, and know very little about the law, but I do enjoy good writing.

  • Mm

    Wait, is this the same Bill Schmalfeldt who, when in terror of incarceration, has repeatedly stated that he is washing his hands of the whole thing, and wants all of you to forget him? The same BS who, despite the foregoing, keeps trolling your Twitter time line, obsessively searching for his name and jumping into conversations that do not include him? The same BS who gay-baits those he does not like, attacks their children on Twitter, falsely accuses his so-called enemies of alcoholism, spousal abuse and child neglect, and refers to women as “cunts” and “twats” while claiming he as raised to respect them? The same person who brandishes his Parkinson’s disease as a shield to insulate himself against just criticism for his execrable actions?

    What he fails to understand is that if the suit advances, he will be named in counterclaims as sure as the sun rises in the morning.

  • texlovera

    “Piece of cake. Let Bill Schmalfeldt rant himself into a frothing fury.”

    Heh. Maybe it should be “frosting of fury”.

  • CrustyB

    Schmalfeldt’s head resembles a skin tag I removed from my inner thigh.

  • Mm

    Judging by his current tweets, the moniker “deranged cyber stalker” suits Bill Schmalfeldt quite well. Remember, folks, his anal rape piece hot him banned from Daily Kos. Imagine someone so offensive that Kos banned him. Amazing.

  • http://boogieforward.us/ K-Bob

    It boggles the mind.

    Of course, I wouldn’t join any club that would allow someone like me to be a member. But that’s because I have standards.

  • http://boogieforward.us/ K-Bob

    Legal language rarely makes good reading. Even so, it can be excellent writing.

    Or at least it could be, if the authors cared to make it so.

  • DaveO

    Aaaaand circle takes the square!

  • SPQR9

    That would be the one.

  • SPQR9

    Malkin’s motion to dismiss really is the quintessential motion in the action.

  • Rounds

    My bet is that BS will see your response as more “proof” of conspiracy. After all, aren’t you just going along with the other conspirators and not acting on your own?

  • Mm

    And now, deranged cyber stalker Bill Schmalfeldt is urging readers to harass the American Spectator. He did not learn from the Hoge imbroglio.

  • http://evilbloggerlady.blogspot.com/ Evi L. Bloggerlady

    I look forward to the moment when Brett Kimberlin looks like Peyton Manning did during that first safety…

    And Bill Schmalfeldt looks like “the ball” in the SNL Super Bowl half time skit.

  • richard mcenroe

    You’ve been hearing sin in court?

  • Quartermaster

    Even good legal writing makes a good thing to read at bed time of you’re having trouble getting to sleep. It’s certainly that way with Boundary Disputes, which I have had to read more than once to insure the Attorney is getting everything I brought in my field and office work.

  • http://boogieforward.us/ K-Bob

    Good fences are supposed to make good neighbors.

    My back-yard neighbor has been trimming the brush overhanging the fence from my side and then jamming the waste under the branches on MY side of the fence for so long that there’s no way to get in there to trim it anymore. It’s an impenetrable tangle. Probably a fire hazard, and likely harbors critters he wouldn’t want in his yard.

    He should know that the overhang he cuts is HIS responsibility, and jamming it back on my side is un-neighborly. He probably thinks he’s in the right, but he’s screwing himself. I can’t see his house from mine because of all the trees and shrubs, so I just ignore what he’s doing back there. He made his bed.

  • Aaron “Worthing” Walker

    McCain writes:

    “Why should I sweat it, when top-dollar lawyers for my fellow defendants had so clearly pointed out the legal and factual flaws?”

    Does that mean I am a top dollar lawyer?

  • cmdr358

    Boundary Disputes, huh?
    I think I’ll try it. Lunesta leaves a bad taste in my mouth when I wake up.:-

  • SPQR9

    You really need to boggle-proof your mind to follow this tale.

  • Dianna Deeley

    That, or add springs to your disbelief suspenders.

    Being an avid reader, mine have steel hawsers. I follow every twist with joyous intensity.

  • http://deadrepublicanparty.wordpress.com/ rmnixondeceased

    Every day you can hear of every sin imaginable (and some you didn’t imagine existed) in court.

  • Dianna Deeley

    Of course you are, Aaron!

  • sarah wells

    There’s one more I’m really looking forward to.

  • http://boogieforward.us/ K-Bob

    It’s bad enough to just participate in voir dire. But yeah, I was in a jury once. Some people are way beyond anger management.

  • Dustin

    I laughed loudly when reading this response because it’s quite a joy to see the intended abuse here, the time and money this litigation is intended to waste, so easily undercut. Of course it’s a bit of an illusion as other victims did have to pay good money and spend valuable time on this, but at least someone managed to elude at least some of the intended harm.

  • http://wizbangblog.com/ Adjoran

    Not only did they ban him, they banned him for writing about gay sex acts. I made the mistake of starting to read the offending post once, earlier in this whole thing. I wish I had not.

  • http://wizbangblog.com/ Adjoran

    Jabba the Nut’s latest claim is that The American Spectator has scrubbed its archives of your pieces on Kimberlin. Were they threatened by TDPK?

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