The Other McCain

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

Bill Schmalfeldt’s Clown Show, and a Certain Dog That Has Not Barked

Posted on | January 4, 2014 | 14 Comments

That is Bill Schmalfeldt’s clumsy summary of certain allegations made by Brett Kimberlin in the Maryland lawsuit Kimberlin v. Walker, et al., but Schmalfeldt doesn’t say this, does he? No, he cites no source for these claims, but merely repeats them as if they were statements of fact, which can be dangerous. Is the irony here intentional? John Hoge doesn’t seem to care for ironic interpretations:

That tweet accuses Aaron Walker and me of stealing money. Theft is a crime. If Bill Schmalfeldt has evidence that I have stolen money, he should give that information to law enforcement. If he doesn’t, he would be well advised to publish a retraction.
That tweet accuses Aaron Walker and me of attempting to force someone to commit perjury. That is a crime also. If Bill Schmalfeldt has evidence that I have attempted to force someone to commit perjury, he should give that information to law enforcement. If he doesn’t, he would be well advised to publish a retraction.
Very soon.

It’s an odd thing: Brett Kimberlin can allege any damned thing he wants in a lawsuit without any risk that a false allegation would be deemed libelous, even while his Maryland suit would seem to rest on his claim that persons reporting on legal actions against Kimberlin thereby commit defamation, harassment, stalking, etc.

Meanwhile, ignoring Kimberlin’s own unusual theory of defamation, Schmalfeldt treats the allegations made in Kimberlin’s legal actions as if they were gospel truth, and without any apparent fear that Hoge or Walker might sue for defamation.

There is a problem, however, which any reader of Sherlock Holmes mysteries would recognize as the dog that did not bark.

As Hoge says, perjury and subornation of perjury are both criminal offenses — not civil torts — and if the sworn statements which Tetyana Kimberlin made in her criminal complaint of July 29 were deliberate falsehoods, why isn’t the state of Maryland prosecuting Brett Kimberlin’s wife for the crime of perjury? Furthermore, if one believes Brett Kimberlin’s claim that Hoge and Aaron Walker somehow influenced Tetyana to make statements which Hoge and Walker knew to be false, why is the state of Maryland not prosecuting them for that crime?

In case you have forgotten the charge in this alleged effort “to force Tonya Kimberlin to perjure herself,” of which Bill Schmalfeldt wishes to remind his readers, here is the July 29 complaint:

Charges State v Kimberlin (Redacted)

The charge was subsequently dropped, for reasons that were never fully explained to me. However, the only people who accuse Tetyana Kimberlin of having perjured herself are (a) Brett Kimberlin, and (b) Bill Schmalfeldt, although for some reason neither of them seems interested in a criminal prosecution of that case.

What we have instead is a $1 million civil suit, in which I am named as a defendant because . . . Well, why do you think this is?

Bill Schmalfeldt says I am dragging Tetyana Kimberlin “through the mud once more,” but he’s the one accusing her of perjury! And it was Bill Schmalfeldt who recently raised the subject of how, he says, Tetyana was enticed “to run off with a PIZZA BOY!”

So if I quote Bill Schmalfeldt, I’m defaming Tetyana?

The rule seems to be that Bill Schmalfeldt can write anything he wants about anyone and never suffer consequences, but if you dare quote him, you’ve committed a hateful atrocity. Whatever.

Here is an allegation from the Kimberlin v. Walker, et al., lawsuit:

What I find interesting about this allegation is that it involves only Walker and Hoge. I have never filed a civil suit, a peace order or a criminal charge against Brett Kimberlin and yet find myself a defendant in this lawsuit. It seems to be Kimberlin’s theory that I have somehow conspired with Walker and Hoge in these “false, malicious filings” from which they have allegedly “enrich[ed] themselves.”

Kimberlin’s conspiracy theory is false, and if either Hoge or Walker have been enriching themselves, they’ve managed to keep it a secret from me. Certainly, I’ve never seen them cruising around in Ferraris or lighting their Cohibas with $100 bills. Meanwhile, however, Bill Schmalfeldt has doubled down on stupid, making more unsourced accusations against Walker, Hoge and Ali Akbar.

Save some of those Cohibas for me, you guys.





14 Responses to “Bill Schmalfeldt’s Clown Show, and a Certain Dog That Has Not Barked”

  1. Political Rift » Bill Schmalfeldt’s Clown Show, and a Certain Dog That Has Not Barked
    January 4th, 2014 @ 9:01 pm

    […] Robert Stacy McCain That is Bill Schmalfeldt’s clumsy summary of certain allegations made by Brett Kimberlin in […]

  2. WJJ Hoge
    January 4th, 2014 @ 9:18 pm

    The Cabin Boy’s writing is atrocious, so perhaps quoting him is, in some sense, an atrocity.

  3. Brett Kimberlin vs. the World | Batshit Crazy News
    January 4th, 2014 @ 10:04 pm

    […] The Bill Schmalfeldt clown show continues (Bill may be soon to learn what libel and slander […]

  4. Evi L. Bloggerlady
    January 4th, 2014 @ 10:19 pm

    A boy and his blob, contemplating the elements of libel and slander.

  5. Rain
    January 4th, 2014 @ 10:26 pm

    he makes accusation after accusation with no offer of any proof, we’re just supposed to take his word for it. Hardly, considering his toothless threats in the past to bring suit/press charges repeatedly against both Worthing and Hoge, if he actually had anything to back up what he alleges he’d speed roll his wheel chair straight to the appropriate authorities faster than a fat kid jumping on cake. The fact that he doesn’t really tells you all you need to know….. O.o

  6. MattRoss
    January 4th, 2014 @ 10:36 pm

    He certainly is persistent. But I still have to wonder what his masters will do with him once he is no longer useful to them?

  7. Evi L. Bloggerlady
    January 4th, 2014 @ 10:39 pm

    Like most people do with trash fish, throw them over the side or cut them up for crab bait.

  8. rmnixondeceased
    January 4th, 2014 @ 10:43 pm

    I think even the hungriest of crabs would give the Cabin Buoy a pass …

  9. Adjoran
    January 5th, 2014 @ 3:38 am

    I hate to be the one to say it but, yes, the likes of Schmalfeldt and Rauhauser and Kimberlin can slander, libel, and defame you all and others to their hearts’ content. These are civil offenses, not criminal, so the victims’ recourse is to sue them. But a person with no assets in his name and no steady employer who issues a paycheck is virtually immune from financial judgment.

    You could win every case against these guys, but you can’t collect from them, and if you can’t collect there is no incentive for them to stop. And they know it. In fact, they will portray their continued defamation and libel as evidence that you “lost” the lawsuits.

    Until and unless judges start getting ticked off and fine them in contempt, they are essentially immune. Contempt fines don’t allow for pleas of poverty as a general rule: failure to pay means time in jail. That would get their attention.

    Of course, they might also trifle with the wrong sort of victim who is not inclined to waste time and money being frustrated by a dysfunctional legal system.

  10. Mm
    January 5th, 2014 @ 7:11 am

    Ken White wrote a very good piece on libel a few months ago. Schmalfeldt should have read it more closely. He claims he has sooper seekrit evidence to support his claims. When Hoge and Walker sue him, he will have to produce it or they win, and without having to go through discovery.

  11. Mm
    January 5th, 2014 @ 7:12 am

    IIRC, you’ve never filed any claims or charges against Kimberlin.

  12. WJJ Hoge
    January 5th, 2014 @ 7:19 am

    I did file an Application for Statement of Charges against Brett Kimberlin in February, 2013. The Commissioner found probable cause and charged him with harassment, but the State’s Attorney’s Office declined prosecution.

  13. rmnixondeceased
    January 5th, 2014 @ 2:40 pm

    Heh. Here in Florida, we have a criminal Defamation, Libel and Similar Offenses law. For our erstwhile friends to have standing to press said criminal charge in the Florida courts, the alleged slander only has to be read by a citizen of Florida (or be able to be accessed and read in Florida). It has pretty stiff penalties too! See and [specifically 4 (c) 2nd degree felony by a term of imprisonment not exceeding 15 years.] in regards to Chapter 836.05 of the Florida Statutes Title46.

  14. Remembering WW 2 Flying Ace Bill Overstreet and Weekend Links
    January 5th, 2014 @ 7:26 pm

    […] Other McCain has many good blog posts up including this one by Stacy on “Bill Schmalfeldt’s Clown Show, and a Certain Dog That Has Not […]