If Breitbart Had Managed To Get An Ambassador Snuffed, Maybe Andrew’s Wife Would Be Left Alone

by Smitty

Stacy isn’t the only one living in legally exciting times. Pigford, of course, is one of the relatively minor vote-buying schemes afoot these days. Her sorely missed husband’s involvement continues to haunt Andrew Breitbart’s widow:

When fuller context for Sherrod’s remarks emerged, the administration offered to return her to her job, which she declined. In 2011, she sued Breitbart and his employee Larry O’Connor for defamation. Breitbart died unexpectedly in 2012, but his wife was substituted as a defendant in the suit.

At the outset of Thursday’s hearing, Leon lit into Glass for filing a 21-page statement outlining the government’s position—a filing submitted electronically just after midnight Thursday along with a stack of nine exhibits. The judge called it “a self-serving pleading, not requested by anyone” and repeatedly suggested it was filed for “public relations” reasons rather than because it might be useful to the court.

The case has drawn attention because of the subject matter and, more recently, because of indications that the Obama White House might assert executive privilege to block some of the parties’ demands for information.

This country needs thorough, top-down reform so badly that it hurts.

In The Mailbox, 02.20.12

— compiled by Wombat-socho


Apologies for the lack of posting this week; having made the mistake of going to Katsucon this past weekend and contracted some kind of vile respiratory ailment, I’ve barely had the energy to make it to the tax mines this week, much less do blogging. Today being my day off, I’ll see what I can do to play catch-up.


OVER THE TRANSOM
Proof Positive: If You Like Your Cherry Tree, You Can Keep It
First Street Journal: The Delusions Of The Progressives
EBL: White Girls Cause Coral Bleaching
The Looking Spoon: Putting Palpatine’s Eyes On Liberals Is (Not So Surprisingly) Natural
Blackmailers Don’t Shoot: LA’s Out Of Touch Teachers Union
Michelle Malkin: Obamacare – Con Artists And Criminals In Charge
Twitchy: Garry Kasparov Shreds Obama And His “Red Lines” As Bloodbath Continues In Ukraine


RIPPED FROM THE HEADLINES
American Power: Venezuelan Beauty Queen Genesis Carmona Shot, Killed In Anti-Government Protests
American Thinker: GOP Leaders Won’t Escape Conservative Voters’ Wrath
Blackfive: From Petty Officer To Pinup
The Necropolitan Sentinel: Obamacare Watch – Obamacare Is For Lovers (Whom Nobody Actually Loves)
Conservatives4Palin: Palin Calls For Buzzfeed Boycott After Its Hit Piece On Trump
Don Surber: Daily Scoreboard, February 19
Jammie Wearing Fools: What Could Go Wrong? FCC Wants To Police Content In Newsrooms
Joe For America: Five Interesting Things About Joe The Plumber Getting A Union Job
JustOneMinute: Raise The Minimum Wage, Because – Rodeo Clowns!
Pat Dollard: Ron Paul Says Ukrainians Don’t Want US Involved
Protein Wisdom: University Textbook Claims Reagan Was Sexist, Conservatives View People As Incapable Of Charity, Lazy
Shot In The Dark: Our Idiot Elite
The Jawa Report: Islamic Cleric Issues Fatwa Against Rescuing Princess Leia
The Lonely Conservative: HHS Wants Full Access To All Your Social Media
This Ain’t Hell: Wisconsin NG Soldier Suspended For Funeral Detail Antics
Megan McArdle: Go Ahead, Let Your Kids Fail


Evidently I was confused when I said the next Rule 5 Sunday wouldn’t be until March; it will in fact be this Sunday, February 25. Deadline to submit links to the Rule 5 Wombat mailbox for the Father Of His Country Edition is midnight Saturday, February 22.


In Which @AceOfSpadesHQ Becomes a First Amendment Cause Célèbre

One June 4, 2012, Ace published a blog post that began, “I’m writing a post about what’s happened to Ali Akbar.”

That post was cited by Brett Kimberlin as “evidence” that Ace was part of a vast conspiracy. Now, it’s like a latter-day Dreyfuss case:

Convicted bomber Brett Kimberlin’s federal lawsuit against bloggers and journalists is “an attack on free speech,” a prominent First Amendment attorney said Tuesday, announcing that he would represent an anonymous blogger who is a defendant in the case.
Paul Alan Levy of the non-profit group Public Citizen noted that he had once represented Kimberlin, at the time a federal prison inmate, in a case where Kimberlin’s First Amendment rights were at stake. However, Levy said, Kimberlin is now threatening the rights of others in his attempt to use his current federal lawsuit to obtain the identity of the popular conservative blogger known as Ace of Spades: “Among the defendants in the action is an anonymous blogger whom Kimberlin sued for allegedly ‘imputing’ that Kimberlin was involved in SWATting. . . . Because the blog post said nothing of the kind, I agreed to represent defendant ‘Ace of Spades’ in opposing Kimberlin’s request for judicial permission to pursue discovery to identify Ace of Spades.” . . .
In his court motion on behalf of Ace of Spades — whose defense is also supported by the Maryland chapter of the American Civil Liberties Union (ACLU) — Levy argues: “Protection for the right to engage in anonymous communication is fundamental to a free society. … Not only his conservative adversaries but other bloggers attentive to free speech issues have taken Kimberlin to task for improperly using the courts as a weapon against his critics, a technique that they call ‘lawfare.’ … For example, several bloggers have taken Kimberlin to task for using a subpoena to identify one Aaron Walker, which resulted in Walker’s being terminated from his employment, and then pursuing a series of peace orders in Maryland state court which led to Walker’s arrest because a state trial judge believed that Walker’s having blogged about Kimberlin was a violation of a previous peace order.”

Read the whole thing at The American Spectator. I doubt Kimberlin v. Ace of Spades will ever become a landmark Supreme Court ruling, something your grandchildren will read about in histor4y books, but crazier things have happened, so you never know.

 

Liars Gotta Lie, Failures Gotta Fail

Thanks to The Lonely Conservative for inspiring the headline: I have just seen a motion to dismiss Brett Kimberlin’s ludicrous federal RICO suit — Kimberlin v. the Universe, et al. — as regards the defendants whom Kimberlin has failed to serve, and this motion includes the following beautiful words:

Plaintiff Has Failed to Serve
Anonymous Defendant “Ace of Spades”

It is obvious that Plaintiff does not know the identity of the person or person(s) blogging under the pseudonym Ace of Spades (“Ace”). This is demonstrated by Plaintiff’s recent seeking of third-party subpoenas for information that might lead to Ace’s identity. Plaintiff’s egregious delay in identifying this Defendant should not be permitted to stall the progress of the instant lawsuit. Given Plaintiff’s lack of service on Ace after 120 days, the instant lawsuit should be dismissed against that Defendant.

Yeah, tough to serve a subpoena on the Forest Moon of Endor.

In case you didn’t know it, identifying (“doxing”) Ace of Spades has been a pet project of Neal Rauhauser’s since 2011. One of the ways I knew that the pro-Kimberlin “Breitbart Unmasked” site was connected to Rauhauser was that in 2012 there were a couple of posts there (which may have been deleted since) speculating about Ace’s identity/location. Why Ace? Well, Ace did some of the best work on the 2011 WeinerGate scandal and Neal was obsessed with that, which is also how Neal became obsessed with Patterico.

Keep in mind that Rauhauser’s obsession with Ace pre-dated the whole “Everybody Blog About Brett Kimberlin” uproar. Here we are, 21 months later — and long since anybody gave a damn about Anthony Weiner — and Rauhauser’s grandiose vengeance fantasy lives on in the form of Ace being named as a RICO defendant.

You can click here to see how Rauhauser was bragging in December about what a wonderful thing this RICO suit was going to be, all the defendants were going to prison, yadda yadda yadda.

Fuck you, Neal Rauhauser.

 

In The Mailbox: 02.13.14

— compiled by Wombat-socho


Going to be mostly off the internet this weekend, as I have friends coming in from out of town to attend Katsucon, a local anime convention being held at National Harbor despite the horrible apocalyptic WINTER STORM that smacked the area last night. For those of you in the Upper Midwest, Buffalo, New England, etc., it would have been just another Wednesday night in winter, but the local news & weather people get themselves worked up into a lather about such things. So, no FMJRA this weekend unless Smitty takes up the cudgels, and Rule 5 Sunday is going to open March like a lion with a triple helping of the Lord’s handiwork. Live at Five will probably resume next Monday or Tuesday, depending on events.
Also, before I forget, thanks to everyone who hit the links in last week’s book post. You bought over three dozen books, both Kindle and dead-tree editions, which is very much appreciated not just by the authors (I got a thank you note from Casey Neumiller) but I appreciate it as well.


OVER THE TRANSOM
Blackmailers Don’t Shoot: People Still Read The Onion?
First Street Journal: Economics 101 – Who DIDN’T See This Coming?
Proof Positive: Obamacare’s Grandmother
Michelle Malkin: Culture Of Corruption Postscript – The Hilda Solis Files
Twitchy: Democratic Congressman Finds A Regulation So Terrible, He Admits “These Tea Partiers May Have A Point”


RIPPED FROM THE HEADLINES
American Power: Faux Conservative Carl De Maio Releases Campaign Ad Featuring His Gay Partner
American Thinker: Gender Madness Taking Over The Military And Schools
Blackfive: Book Review – Code Name Johnny Walker
The Necropolitan Sentinel: Obamacare Watch – Fournier, You Can Stop Doing It Right Now
Conservatives4Palin: Wendy Davis On Post-Week Twenty Abortion Advocacy – Never Mind
Don Surber: Daily Scoreboard, February 12
Jammie Wearing Fools: Senate Democrats Urge IRS To Intensify Harassment Of Conservative Groups
Joe For America: Lieutenant Michael Behenna Wins Parole
JustOneMinute: “Capitulate”, Hell; We’re Just Winning In A Different Dimension
Pat Dollard: Zero People Attend An Obamacare Enrollment Event In Illinois
Protein Wisdom: A Pause In The Regular Programming, For A Brief Instant…
Shot In The Dark: Turning The Corner To Madness
The Jawa Report: Chechen Terrorist Supporters Now Big Fans Of John McCain
The Lonely Conservative: U.S. Now Ranks Just Above Haiti In Press Freedom
This Ain’t Hell: Questionable Choices – Why Pushing Through The DOJ Nomination Will Alienate Rust-Belt Democrats
Megan McArdle: Latest Obamacare Delay Is Probably Illegal


In The Mailbox, 02.07.14

— compiled by Wombat-socho


OVER THE TRANSOM
First Street Journal: We Told You So!
Proof Positive: Putin It Straight
Blackmailers Don’t Shoot: Nancy Pelosi Pulls A Jesse Myerson
Michelle Malkin: The Left’s Valentine To Defiant Jihad-Enabler Lynne Stewart
Doug Powers: Susan Rice Blames A Video Again
Twitchy: Olivia Wilde Asks What’s Holding Back Equality For Women


RIPPED FROM THE HEADLINES
American Power: More Than One In Six Men 26-54 Don’t Have Jobs
American Thinker: Targeting The IRS
Blackfive: Palate Cleanser – What Are 1000 High School Students Doing In My Hotel?
The Necropolitan Sentinel: Obamacare Watch – Good Luck Getting Care, That Will Be $5000
Conservatives4Palin: Governor Palin – Pray For Noel Sheppard
Don Surber: Daily Scoreboard, February 6
Jammie Wearing Fools: Breaking – “No, Liberals Don’t Control The Democratic Party”
Joe For America: The White House Is Still Lying About The Keystone Pipeline
JustOneMinute: Power Station Snipers
Pat Dollard: Wisconsin II – California Initiative Would Render Public Sector Union Money Useless In Elections
Protein Wisdom: If Intentionalism/Language In Politics Is Fundamentally Unserious, Why Does The Left Want You To Ignore It?
Shot In The Dark: Journalism Saves The Day
The Jawa Report: Heartbreak! Christians In Central African Republic Expel Muslims
The Lonely Conservative: Report Finds Only 1.6% Of Americans Work For Minimum Wage
This Ain’t Hell: Waving A Hero
Megan McArdle: “Doc Shock” Reaches The Masses


Deadline to submit links for tomorrow’s FMJRA is noon on Saturday.
DO IT.
Deadline to submit links for Rule 5 Sunday is midnight Saturday.
DO THAT TOO.


In The Mailbox: 02.06.14

— compiled by Wombat-socho


Live At Five was pre-empted by an early morning doctor’s appointment, but will return tomorrow.
Thanks for your patience.


OVER THE TRANSOM
Proof Positive: Bill O’Reilly’s Next Interview With Obama
First Street Journal: His Wildest Dreams
Wyblog: Freedom’s Just A Buzzword For Liberals Without Clues
Blackmailers Don’t Shoot: Sandra Fluke Won’t Go Away
Michelle Malkin: The Obamacare Security Nightmare – It Gets Worse
Twitchy: This Pajama Boy Photoshop Hilariously Nails WH Obamacare Job Losses Spin
Sarah Hoyt: We Played The Pipes For You And You Did Not Dance
Kevin Williamson: The Feminist Mystique


RIPPED FROM THE HEADLINES
American Power: Social Media Erupt Over “Biggest Loser” Winner
American Thinker: America Has Lost Her Will To Live
Blackfive: Mission VALOR
The Necropolitan Sentinel: Obamacare Watch – Are You Ready For Even More Expensive, Required Plans?
Conservatives4Palin: Obama’s Corrupt DOJ Continues To Harass Americans
Don Surber: Daily Scoreboard, February 5
Jammie Wearing Fools: 45,000 Liberated From Jobs In January
Joe For America: Sandra Fluke Aborts Congressional Bid
JustOneMinute: That Is A Lot Of Obamacare Losers
Pat Dollard: Congressional Candidate Clay Aiken Criticizes Obama In First Interview
Protein Wisdom: Give Government Agencies Control Of Health Care And What Could Possibly Go Wrong?
Shot In The Dark: He Who Forgets/Never Knew History Is Condemned To Being A Liberal “Journalist”
The Jawa Report: Terrorist “Workplace Accident” At…Georgia Tech?
The Lonely Conservative: Portland Residents Lose Out On Trader Joes Thanks To Community Organizers
This Ain’t Hell: Phil Carter Struggles To Remain Relevant
Megan McArdle: Even Death Can’t Stop The Bureaucrats


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.