Bill Schmalfeldt: ‘CEASE and DESIST’!

Bill Schmalfeldt wants you to believe he is a victim.

“Bill Schmalfeldt doesn’t have principles. Bill Schmalfeldt doesn’t have values. Bill Schmalfeldt doesn’t have beliefs. Bill Schmalfeldt has enemies, and then nothing, a black and dank and empty void of sullenness.”
— Ken White, Aug. 6, 2013

Deranged cyberstalker Bill Schmalfeldt has been fired by Examiner.com and banished from Daily Kos. Bill Schmalfeldt is an adjudicated harasser according to Maryland courts; he created a “Dead Breitbart” smear site; and his cruel harassment of Lee Stranahan’s family made him notorious.

However, Bill Schmalfeldt refuses to take responsibility for his own misfortune, instead scapegoating John Hoge — who, according to law, is actually a victim of Schmalfeldt’s harassment — and insisting that Hoge and others are to blame for Schmalfeldt’s continuing record of self-inflicted embarrassments and failures.

As a public service, therefore, we reproduce here Bill Schmalfeldt’s recent “Open Letter,” in which he depicts himself as a victim of death threats, defamation and copyright infringement:

AN OPEN LETTER TO ALL WHO MAY SEE THIS
It is 8:40 am on Saturday morning, February 22, 2014. Over the past several days I have received five death threats from people who are clearly either readers of my blog, my Twitter feed, or the blog of WJJ Hoge III, 20 Ridge Road, Westminster, Md.
By virtue of a peace order Mr. Hoge won against me in June 2013, which was extended for six months in Dec. 2013, I am not permitted to directly contact Mr. Hoge. But I know that he will see this Open Letter, I know he will comment on it. I know his readers will comment on it. Therefore, I feel this is as close as I can legally come to letting him know that I am putting my foot down and demanding that he CEASE and DESIST all defamatory writing about me and CEASE and DESIST using copyrighted images of me.

CEASE AND DESIST ALL DEFAMATION
OF MY CHARACTER AND REPUTATION.
I am an educated, respected, retired professional in the community. I have spent over thirty years in my profession and in the service of my country building a positive reputation. I have furthered this positive reputation by volunteering for medical research designed to find better treatments for Parkinson’s disease, from which I have suffered 14 years.
WJJ Hoge III and others are engaged in spreading false, destructive, and defamatory rumors about me.
These are the elements necessary for a plaintiff to prove a case of defamation in Maryland:
“(1) that the defendant made a defamatory statement to a third person, (2) that the statement was false, (3) that the defendant was legally at fault in making the statement, and (4) that the plaintiff thereby suffered harm. A defamatory statement is one ‘which tends to expose a person to public scorn, hatred, contempt or ridicule, thereby discouraging others in the community from having a good opinion of, or associating with, that person.’” Offen v. Brenner, 402 Md. 191, 935 A.2d 719 (2007), quoting Smith v. Danielczyk, 400 Md. 98, 115, 928 A.2d 795, 805 (2007).
Accordingly, I demand that (A) WJJ Hoge III of 20 Ridge Road, Westminster, Md., immediately cease and desist his unlawful defamation of me and (B) provide me with prompt written assurance within ten (10) days that he will cease and desist from further defamation of my character and reputation. Hoge’s Peace Order against me notwithstanding, he is allowed to contact me.
Accordingly, I also demand that Mr. Hoge moderate the comments on his blog (Hogewash), removing defamatory statements by others. As the host of his blog, he bears the responsibility of ensuring that he maintains a libel-free blog. He has not done so.
If Mr. Hoge does not comply with this cease and desist demand within this time period, I am entitled to seek monetary damages and equitable relief for my defamation. In the event he fails to meet this demand, all reading this should be advised that I will pursue all available legal remedies, including seeking monetary damages, injunctive relief, and an order that Mr. Hoge pay court costs and attorney’s fees. His liability and exposure under such legal action could be considerable.
Mr. Hoge may continue to write about me. But whatever he writes must be provably true. He must cite how he knows his information to be true. He must be able to point to third party sources, other than his co-defendants in Brett Kimberlin’s lawsuits against him that prove the truth of his allegations. Mr. Hoge is hereby forbidden to use my image in his blog postings without my express written permission. All images of myself that are taken by a family member are my personal property for which I own the copyright.
WILLIAM M. SCHMALFELDT

Bill Schmalfeldt’s attempt to make Hoge responsible for the “death threats” allegedly received by Schmalfeldt would have to clear the high hurdle of the landmark 1969 Supreme Court decision, Brandenburg v. Ohio. Perhaps some readers can cite the relevant case law on “fair use” regarding copyright materials. As for the “character and reputation” that Schmalfeldt alleges others have defamed . . .

Well, it’s the “Butt Stuff,” isn’t it, Bill?




 

 

RECENTLY:

 


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

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.




 

 


Sociopathic Sadist Bill Schmalfeldt Vows: ‘One Way or Another, They Will Pay’


John Hoge noticed Tuesday that (a) Bill Schmalfeldt is conveying a sense of panic, and (b) Schmalfeldt is claiming that “wingnuts” have damaged his “good name.” This is why he says we “will pay.”

Delusions of persecution  and grandiose revenge fantasies are typical of certain personality disorders and, although I have no specialized training in psychology, I know crazy when I see it.

One of Bill Schmalfeldt’s most noticeable traits is his love of making threats — The Dire Warning of Terrible Consequences — which seems closely related to his sadistic tendency. Schmalfeldt evidently enjoys trying to frighten people and relishes the thought of harming or humiliating others, as Ken White observed:

“Bill Schmalfeldt doesn’t have principles. Bill Schmalfeldt doesn’t have values. Bill Schmalfeldt doesn’t have beliefs. Bill Schmalfeldt has enemies, and then nothing, a black and dank and empty void of sullenness.”

Schmalfeldt is not only sadistic, but also exhibits two key traits of sociopathic personality: Habitual dishonesty, and an utter lack of empathy toward the feelings of others. He is irresponsible, externalizing blame for his failures on scapegoats, and this impairs his ability to avoid repeating mistakes. If you can’t accept responsibility for your own failures — if you refuse to recognize your own self-destructive tendencies — improvement is impossible.

This lack of self-awareness explains Schmalfeldt’s “double down” reaction to every conflict. No matter how clearly he is in the wrong, his fragile ego prevents him from backing away. Instead, he exaggerates (or creates from thin air) reasons to despise his antagonists, so that their wrongness, whether real or imagined, is always large enough in his mind to justify his sense of superiority.

Schmalfeldt’s deliberate escalation of his conflict with John Hoge is the pluperfect example of this tendency. And yet now — some 11 months after the events that started the escalation — Schmalfeldt presents himself as the hero-martyr, the sufferer of injustice, and acts outraged that no one is buying into his victimhood claims.

But why should they? His allies, no less than his enemies, have watched Bill Schmalfeldt boast and bully, threaten others with harm and gloat over their anticipated suffering. And now this tiresome braggart claims that he is a helpless victim? Puh-leeze.

No one could ever pity Bill Schmalfeldt as much as he pities himself.

 


Deranged Cyberstalker Bill Schmalfeldt Insinuates Corruption in Carroll County

John Hoge has already schooled Baghdad Blob about the actual findings of previous court proceedings, but something else caught my eye in Bill Schmalfeldt’s extended whine:

It took Hoge three times to get a peace order against me. Two Carroll County District Court judges turned him down. One even told him that he needed to man up and be a big boy and realize that if you dish it out, you’d better learn to take it. But after securing the legal services of the sister-in-law of the county State’s Attorney, somehow — as if by magic — Hoge secured a six month peace order from a Circuit Court judge who ignored all the evidence that said Twitter is not “contact” and is not “harassment.”
In December, Hoge and the State’s Attorney’s sister-in-law convinced the same judge to ignore even more specific evidence to determine there was “good cause” to extend the peace order another six months.
Not satisfied with his victory, as megalomaniacs will do . . . Hoge kept going back to the well.
I am accused of violating the peace order.

This is tantamount to an accusation of judicial corruption and, when presented to the court, such an accusation is unlikely to endear Bill Schmalfeldt to the officials who will determine whether his violations of the peace order shall be prosecuted.

But of course, Bill has been “cropped to defame“!

UPDATE: Add this one to the “You Stay Classy, Bill Schmalfeldt” files:

 

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

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.

 

BOMBER SUES BLOGGERS





 

Bill Schmalfeldt’s Poor Judgment

Kimberlin Unmasked called attention to a bizarre recent post in which Bill Schmalfeldt indulged in a violent revenge fantasy:

If two shitheads like Aaron Walker and John Hoge did what they did to Tetyana Kimberlin, they would have been visited at their homes by the Schmalfeldt brothers. It would have been one on one, with fists, and it would not be pretty. The three brothers would have stood by while I gave the shithead the beating of his life. Then, we would go to the other shithead’s house and repeat, lather, rinse and repeat.

That snippet inspired me to investigate further, and I discovered this weird interpretation of events by Schmalfeldt (no link):

To come between a man and his wife, to work SO HARD to entice the wife into leaving her husband and run off with a PIZZA BOY! To EXCUSE his theft of a car. To PAY HER LEGAL FEES as long as she tells the lies they wanted her to tell. I thank God that she came to her senses.  . . .
You fucked with a man’s family, boys. You did it, and there’s no denying it. Tonya spilled the beans. And when you couldn’t have HER lie for you, you just went ahead and lied on your own.

It would appear that Bill Schmalfeldt is relying on Brett Kimberlin’s version of events for this counterfactual narrative, which can be disproven quite easily. No one had to “entice” Tetyana Kimberlin to “run off with a PIZZA BOY” — why all-caps, Bill? — because she did that before Aaron Walker or John Hoge ever met her. You can read this from the court documents filed by Brett Kimberlin, Tetyana Kimberlin and Tetyana’s boyfriend Jay Elliott:

B. Kimberlin v. Elliot Petition for Peace Order 7.9.13 (OCR) by AaronWorthing

Elliot v. B. Kimberlin Petition for Peace Order 7.9.13 (OCR) by AaronWorthing

T. Kimberlin v. B. Kimberlin Petition for Protective Order 7.9.13 (OCR) by AaronWorthing

All of these documents were filed by the parties themselves, without any influence by Walker, Hoge or anyone else.

Schmalfeldt’s belief in Brett Kimberlin’s assertions to the contrary — which are the burden of the million-dollar Maryland lawsuit Kimberlin v. Walker, et al. — evidences a foolish trust in Brett Kimberlin. And as to Schmalfeldt’s claim that Tetyana “spilled the beans,” what does Schmalfeldt mean by this? Does he mean (as I suspect) that he is relying on hearsay from Brett Kimberlin?

Does Bill Schmalfeldt even bother to paying attention to facts to determine the sequence of events? Look here:

  1. Brett Kimberlin v. Jay Elliot — filed July 6.
  2. Jay Elliott v. Brett Kimberlin — filed July 7.
  3. Tetyana Kimberlin v. Brett Kimberlin — filed July 7.

In other words, Brett Kimberlin himself started this, by filing a petition for a peace order against Tetyana’s boyfriend. It was Brett Kimberlin who decided to make his wife’s estrangement a matter of public record. Jay and Tetyana then responded the next day to Brett’s court action, and all of this took place July 6-7.

As to what happened after that, I suppose Bill Schmalfeldt is relying on the false allegations in Brett Kimberlin’s lawsuit and/or misrepresentations of Tetyana’s words and actions that Brett makes during “Team Kimberlin” conversations with Schmalfeldt.

Here’s a tiny little clue for Bill Schmalfeldt: I take notes.

Your ridiculous threats and phony expressions of chivalrous umbrage on behalf of Tetyana Kimberlin — a person whom you were quite willing to defame as mentally ill in July — neither deceive me nor intimidate me, Bill Schmalfeldt, and your poor judgment in trusting Brett Kimberlin is further proof that you are an utter fool.

As if further proof were needed . . .

 

One Week Until Bill Schmalfeldt’s Next Carroll County Circuit Court Hearing

The day before Thanksgiving Day, I asked a simple question:

Why does it seem that the targets of Bill Schmalfeldt’s harassment overlap Brett Kimberlin’s enemies list with such exactitude?

It was Schmalfeldt’s harassment of the person he believes to be “Kimberlin Unmasked” that prompted that question, and “Kimberlin Unmasked” has continued the comic series “Oedipal Bill”:

Schmalfeldt paid little or no attention to “Kimberlin Unmasked” until Brett Kimberlin filed the Kimberlin v. Walker, et al., lawsuit, and it was amusing to watch Brett Kimberlin in court last week trying to explain his failure respond to an attorney’s motion asserting that Maryland courts have no jurisdiction over “Kimberlin Unmasked.”

Of course, Schmalfeldt has been convinced by his Team Kimberlin colleagues that not only is this Maryland lawsuit a shining example of legal brilliance, but that the federal RICO suit known as Kimberlin v. the Universe, et al., is destined to succeed. Meanwhile . . .

In Carroll County next Monday, Dec. 9, there will be a hearing on John Hoge’s petition for a six-month extension on his peace order against Bill Schmalfeldt. To say that Schmalfeldt has been making an ass of himself is an understatement: He posted a video of himself tearing up a court document in the case, posted pornographic photos onto which he had superimposed Hoge’s face and, as of 7 p.m. today, had sent 468 @ messages to Hoge on Twitter since Oct. 16, in violation of the peace order the judge granted in June.

Despite all facts, law and logic, however, Schmalfeldt continues boasting on Twitter about what dreadful humiliation and punishment he expects to inflict on Hoge in court next Monday, and seems to imagine that our amusement at his antics is un-Christian.

Saint Bill of the Blessed Butt Stuff is certainly a paragon of Christian moral virtue, as I’m sure Lee Stranahan’s family would agree.




 

 


Be Thankful for Bill Schmalfeldt

The biggest laughingstock on the Web  has been providing hours of entertainment, thanks to “Kimberlin Unmasked” — my co-defendant in the Maryland lawsuit Kimberlin v. Walker, et al. — who has been turning Bill Schmalfeldt’s ridiculous rants into a series of comics. Among my favorites in the series are “Oedipal Bill #22: Internet Detective,” and “Oedipal Bill #23: Play It Again, Sam!”

Kimberlin Unmasked offers this mission statement:

Kimberlin Unmasked mocks Breitbart Unmasked, which was originally about defaming Andrew Breitbart, and has over 90 posts about Brett Kimberlin and even posts pictures Brett Kimberlin himself took. Brett Kimberlin claims he doesn’t want people talking about his criminal past, or his present-day activities. But his lawsuits have given rise to the Streisand effect. If you want to know more, follow @bombersues on twitter and sign up for updates at bombersuesbloggers.com.

In recent days, Schmalfeldt has been relentlessly harassing Kimberlin Unmasked, to whom Schmalfeldt paid little attention until . . . ?

Kimberlin Unmasked was sued by Brett Kimberlin!

Why does it seem that the targets of Bill Schmalfeldt’s harassment overlap Brett Kimberlin’s enemies list with such exactitude?

We might get an answer to that question if the Maryland lawsuit Kimberlin v. Walker, et al., goes to trial, but that seems unlikely.

One of the things Bill Schmalfeldt, Neal Rauhauser and other members of the Brett Kimberlin Internet Fan Club (BKIFC) have been doing the past couple of months is anticipating all the awesome consequences of Brett Kimberlin’s future courtroom victories.

Unlikely.

And by “unlikely,” of course I mean, “Dream on, dancing bear.”

Ain’t gonna happen.

Tuesday I met with my lawyer, Patrick Ostronic. Schmalfeldt and the BKIFC have spent a lot of time mocking my lawyer lately. Very amusing, if you understand that (a) Brett Kimberlin is litigating pro se, as his own lawyer, and (b) Patrick Ostronic is a real lawyer.

Graduated from law school, passed his bar exams, stuff like that.

Hypothetical Question: Would it count as “intentional infliction of emotional distress” to humiliate Brett Kimberlin in court?

Anyway, there is a hearing today in Montgomery County Circuit Court, a strictly procedural affair that is unlikely to produce any actual news, although we can expect Bill Schmalfeldt and the BKIFC to pronounce it a legal triumph for the pro se Perry Mason.

Enjoy the laughs, and be sure to shop our Amazon Black Friday Week Specials, because the bottom line is this: We win, they lose.

And then we laugh at their loser asses.

Good people love me. And that’s all that really matters, isn’t it?

 

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