Legal Woes Mount for Alabama Anti-GOP Conspiracy Theory Blogger Roger Shuler

Roger Shuler, Shelby County Jail inmate No. 288928

The arrest of “Legal Schnauzer” blogger Roger Shuler, which I reported Friday at The American Spectator and blogged about here in the wee hours, has tipped over quite an interesting row of dominoes.

As recently as Oct. 19, a certain “RogerS” was boasting of his expertise in RICO lawsuits and claiming that perjuring bomber Brett Kimberlin’s lawsuit against bloggers was a legal tour de force:

Oh, no! An anonymous Breitbart Unmasked commenter calling himself “Roger S” asserts that he has handled many many RICO lawsuits, and Brett Kimberlin’s is super awesome and is going to make him a lot of money! Honey, where did I put the checkbook? Looks like it’s time to write a big fat settlement check to Mr. Convicted Bomber, because he is going to kick my ass in court! Experienced RICO Lawsuit Expert “Roger S” says so!

If, as some have suggested today, “RogerS” is actually the self-same Roger Shuler (Shelby County Jail inmate No. 288928), then his comments at a pro-Kimberlin web site are what lawyers called “evidence.” Speaking of lawyers, an Alabama attorney today e-mailed Roger Shuler:

From: [Influential Montgomery Lawyer]
Date: Sat, Oct 26, 2013
Subject: Cease and Desist to Roger Shuler from Ali Akbar re: Karl Rove
To: [email protected]

Mr. Shuler:
Please see the attached correspondence. It is a demand from Mr. Ali Akbar that you cease and desist all false, defamatory, and reckless comments about Mr. Akbar, specifically with respect to your false allegations Mr. Akbar engaged in a gay love affair with Karl Rove. In addition, it is a demand you delete and retract all such false and defamatory allegations within 10 days or face swift and certain legal action.
Sincerely,
[Influential Montgomery Lawyer]

While it is contrary to my personal creed to file lawsuits, it appears that certain communications published by Roger Shuler may be material to my defense in both the state and federal lawsuits Brett Kimberlin has filed against me and other bloggers (it’s probably unfair to call Simon & Schuster a “blogger”), and I have politely requested access to specific information relevant to the case.

Do inmates in the Shelby County Jail have e-mail access? Probably not, and so it may take a while for Ali’s lawyer to get a reply.

“Swift and certain legal action” — truth and justice, baby.

 

BomberSuesBloggers.com

 




 

 


The Going Gets Weird: Alabama Liberal Blogger Arrested on Contempt Charge

Roger Shuler, Shelby County Jail inmate No. 288928

I reported this Friday at The American Spectator:

Alabama attorney/blogger Roger Shuler was arrested Thursday in Shelby County and held without bond, charged with two counts of contempt of court in a case that has sparked conspiracy theories pointing the finger of blame at Republican officials, including the son of former Alabama Gov. Bob Riley.
Capt. Ken Burchfield of the Shelby County Sheriff’s Office confirmed Friday that Shuler was being held in the county jail in Columbiana pending a hearing. Shuler was arrested “pursuant to a court order,” and was also charged with resisting arrest, Burchfield said. A jail mugshot showed Shuler, inmate No. 288928, with an apparent swollen bruise on his left eye.
Shuler is a liberal blogger who has been sued for defamation by Riley’s son Rob, by lobbyist Liberty Duke and by Republican lobbyist Jessica Garrison. At his Legal Schnauzer blog, Shuler has claimed that Rob Riley had an extramarital affair that led to Duke’s divorce. Schuler has also been sued by Garrison, a divorcee whom he accused of having a “long running affair” with Alabama Attorney General Luther Strange. . . .

You can read the whole thing. It has been reported elsewhere that Shuler was actually arrested Wednesday. The timing of Shuler’s arrest is relevant because I mentioned Thursday night that Shuler’s blog had been used in 2012 to spread the ridiculously false claim that Karl Rove was having a gay affair with Ali Akbar — a claim which originated with “a political operative on the left,” who I suspect to be Brett Kimberlin associate Neal Rauhauser. And, strange as it may seem, both Rauhauser and Bill Schmalfeldt tried Friday to claim that Schuler’s arrest had something to do with me. Ridiculous, right?

In fact, Shuler had refused to attend a court hearing on a contempt motion by the plaintiffs Riley and Duke, and had continued to publish a lot of conspiracy-theory crap about Karl Rove and Jack Abramoff (neither of whom have anything to do with this case), also alleging that the presiding judge was corrupt, et cetera.  It was kinda like the Barrett Brown case, without the YouTube meltdown.

Guess what? You can’t do that.

I mean, you can’t scoff at the court’s authority and denounce the judge as corrupt and not expect to get a contempt citation. You can’t do that even if you believe the court is violating your rights.

Lots of people feel they get screwed over in court — ask any divorced man ordered to pay child support to his no-good two-timing ex-wife — but they are still required to cooperate in ordinary court proceedings. And it doesn’t matter if you are a journalist or a blogger and the case is about politics, you’re still obligated to respect the court, even though competent authorities advise you that the court’s orders are an unconstitutional “prior restraint” on free speech.

I say this with full knowledge that Brett Kimberlin, The World’s Worst Pro Se Litigant™, is trying to use both Maryland and federal courts in an attempt to shut me up. Even if you’re being sued by a creepy perjuring bomber, you still have to respect the court.

Or move to Vanuatu, which I still haven’t ruled out.

Anyway, I had nothing to do with the arrest of Roger Shuler, but I’m not going to be suing Bill Schmalfeldt for defamation, because there’s no need to sue a lying scumbag when you can just expose the lying scumbag, and then double-dog dare him to sue you.

The burden of proof is always on the plaintiff, see? Good luck to anyone seeking to prove Bill Schmalfeldt is not a lying scumbag and, as far as Rob Riley’s alleged affair is concerned . . .

No, I’d better not tell you what Karl Rove told me about that.

Shhhh. It’s a conspiracy.

 

Bill Schmalfeldt’s Dishonest Denials (and Where the Trail of Evidence Leads)

“Especially important is the warning to avoid conversations with the demon. . . . He is a liar. The demon is a liar. He will lie to confuse us. But he will also mix lies with the truth to attack us. The attack is psychological, Damien, and powerful. So don’t listen to him. Remember that — do not listen.”
— The Exorcist (1973)

For reasons I still don’t understand, Ali Akbar decided to permit Bill Schmalfeldt to degrade himself as a “guest” on Ali’s podcast today. If you listened to it, you know that Bill proved conclusively (as if it were not already proven) what a twisted deranged freak he is.

Every time Ali referred to one of Schmalfeldt’s grossly obscene smears, Schmalfeldt would begin cackling with insane glee, evidently enjoying some kind of sadistic pleasure at his own perversity. Although I called in for a couple of segments, I did not enjoy it, preferring to avoid direct contact with such evil. At one point, Schmalfeldt was challenged about his repeated false claims that I still live in Maryland and dishonestly denied having made such claims.

“[W]e have no REAL proof that McCain ever moved ANYWHERE, that he STILL lives at his nice litle house . . . in Hagerstown, Maryland . . .”
— Bill Schmalfeldt, Nov. 23, 2012

“There is a large fraud being perpetrated on conservative Internet users. . . . [Robert Stacy McCain] raised money for this ‘flight from Maryland’ on his blog. If he did this and did not actually flee the state as he said, he raised money under false pretenses which is a felony under Maryland laws.”
— Bill Schmalfeldt, Nov. 25, 2012

Those are just two examples among scores — perhaps hundreds — of times Schmalfeldt has made this false accusation, and this is a motif with him: Accuse people of crime based upon his own baseless speculations, and then proceed to harass the target of his lies, claiming this is an “investigation,” demanding “proof” his lie is wrong.

“Tell the bomber where you live, Stacy! And while we’re
at it, let’s talk about your wife and children . . .”

Freak.

Anyway, while Ali Akbar said he plans to use the audio of Schmafeldt’s demented ravings as evidence in future legal action, I was uncomfortable with the cruelty of permitting this mentally ill man to further embarrass himself. At one point, Ali asked Schmalfeldt about his bizarre claim that Ali had a sexual affair with Karl Rove. And as might be expected, Schmalfeldt managed simultaneously to deny having made the accusation, while also suggesting it was true.

Now, I’d often heard this weird accusation mentioned in jest, but as it was obviously untrue, never bothered to see where it came from. And where it started was with an Alabama lawyer named Dana Jill Simpson, who made the claim in a letter she wrote on June 26, 2012. In that letter, Simpson said she got her information when she was “contacted by a political operative on the left.”

Hmmm.

So “a political operative on the left” dreamed up this Akbar-Rove smear, sent it to a lawyer in Alabama, who then repeated it in a letter to Bob Bauer, the top lawyer for Barack Obama’s re-election campaign (!), and from there it metastasized into a delusional rant on a blog called “Legal Schnauzer,” which got multiple comments by Schmalfeldt (as “Liberal Grouch”) and the ubiquitous Matt Osborne:

Matt Osborne said…
While I’m not about to go and say this report of a gay tryst is true, what IS definitely true is that Rove has been deeply connected to the National Bloggers Club since it started. Brett Kimberlin, the man they first tried to frame for their fake SWAT calls, embarrassed the hell out of Rove with one of his “merry prankster” performances back in 2004. I would not be surprised to find out that Rove has been using them for all manner of Nixonian ratfuckery. Anyone who’s been reading my blog lately knows I have been tangling with them over a hoax they tried to pull on me and other people in the #stoprush movement. There is no upper limit to their criminality, IMO, and Rove’s involvement shows that.
June 27, 2012 at 5:34 PM

This claim “that Rove has been deeply connected to the National Bloggers Club since it started” is just a flat-out lie. But because Bill Schmalfeldt is crazy, he can’t distinguish between reality and fantasy, between truth and lie. Therefore, in Schmalfeldt’s warped mind, Osborne’s assertion of a Rove connection to the National Bloggers Club became a “fact,” which Schmalfeldt subsequently undertook to “investigate,” and from there, as they say, hilarity ensued.

OK, so who is Dana Jill Simpson? A gadfly conspiracy theorist who, among other things, made unsubstantiated accusations that Karl Rove conspired against former Alabama Gov. Don Siegelman. She also co-authored a recent classic of paranoid kookery, “Black Hat Versus White Hat: The Other Side Of The Snowden/Hastings/Barret Brown Cases.” (Really gives me confidence in somebody’s work when there is a misspelled name in the headline.) Now, ask yourself: Who was the “political operative on the left” who got this kooky lady interested in the bogus Rove-Akbar sex smear?

Hi, Neal.

Somewhere off on the lunatic fringe, Neal Rauhauser is always trolling for gullible kooks like this Jill Simpson who will help publicize his conspiracy theories. And the fact that the Rove-Akbar smear got turned into an actual series of articles at Legal Schnauzer (one of the few places where anyone takes Jill Simpson seriously) tells you just how gullible some people are. And then you have weirdos like Bill Schmalfeldt and Matt Osborne, whose desperate quest for relevance inspires them to repeat stuff they know to be false — e.g., that I didn’t leave Maryland — simply because they know such lies will be applauded by the small circle of kooks who admire Brett Kimberlin.

“Facts don’t matter, that’s the perception of the situation, and the world is going to act on that basis.”
— Neal Rauhauser (“Gaped Crusader”), Nov. 26, 2011

See, Neal Rauhauser understands that many people are either indifferent to truth or too stupid to know truth from lies. Neal knows that if he can generate enough “smoke” of suspicion around one of his targets, intellectually lazy people (i.e., most people) will jump to the conclusion that “where there’s smoke, there must be fire.” And these people who assist Neal in his games — among them Matt Osborne and Bill Schmalfeldt and, evidently, Jill Simpson — either (a) enjoy helping disseminate falsehoods, or (b) don’t understand the game.

They lie gleefully, because they have no conscience.

They have no decency and they have no shame. Selah.




 

UPDATE: John Hoge replies to Matt Osborne:

I have been to Stacy McCain’s house. It is not in Maryland. Period.

But in Osborne’s depraved mind, this just proves the “conspiracy,” see?

 

News of Brett Kimberlin’s RICO Suit Reaches a Certain Bunker in Berlin

This was posted at John Hoge’s Hogewash blog and I don’t know who deserves credit for the production, but it is an excellent summary of the fundamental strategic error in Brett Kimberlin’s latest lawfare:

By the way, BomberSuesBloggers.com announced yesterday it met its first fundraising goal of $2,000 to assist the five defendants in the Maryland Kimberlin v. Walker, et al., lawsuit, and also has sent its first check to an attorney for one of the defendants. This is an important case for Internet free speech rights. Thanks to all who have given so far, and I urge everyone to do what they can to help keep up the momentum against Kimberlin and his “unsavory” operatives.

Yes, among other things he’s suing us for calling his operatives “unsavory.” While we expect that our lawyers can get the case dismissed in the preliminary stages, one smiles at the prospect of a trial, where Kimberlin’s “excellent friend” Bill Schmalfeldt is asked to read aloud his perverse “Butt Stuff” rantings that got him banned from Daily Kos.

 

BomberSuesBloggers.com

 

Bill Schmalfeldt Proves Me Right

After more than a month of Bill Schmalfeldt claiming I was “served” with the Kimberlin v. Walker, et al., lawsuit at a Maryland address, Schmalfeldt published the registered mail receipt reproduced below, which proves conclusively that I was not served. Schmalfeldt is now claiming that there is a “story” here, but what could that story be?

If you look closely — click on the image to enlarge — you see that Kimberlin did not check Box 4 (“Restricted Delivery”), and so anyone could sign for receipt. What we are likely to see, alas, is a repeat of the “Who is Jerry Fletcher?” act Schmalfeldt pulled last year:

“By 5 pm today, October 26, Eastern Time, you will write to me . . . and tell me everything you know . . . Is he Jerry Fletcher? WHO is Jerry Fletcher. I want it all, Doug.”

Right. Who is “Doug”? And who is “Jerry Fletcher”? Who is the woman who signed for this package? And why would anyone care?

What this proves is what I said all along: I have not been served in Maryland, because I don’t live in Maryland, and if Schmalfeldt thinks there is a “story” in why a woman in Maryland signed for a package — “WHO is Mrs. Ford? I want it all, Stacy!” — he’s insane.

But we already knew Bill Schmalfeldt is insane, eh?

However, Schmalfeldt has also proven me right in another way: Bill is working closely with his “excellent friend” Brett Kimberlin, and this is a crucial point in the lawsuit:

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.

Hasn’t Bill Schmalfeldt just proven he is part of “Team Kimberlin”? I mean, he’s got privileged access to Kimberlin’s legal proceedings. And, meanwhile, Bill Schmalfeldt has also proven his Team Kimberlin colleague “Xenophon” a liar:

“Robert Stacy McCain never acknowledges errors or mistakes. For example, in May of 2012 he claimed to have left his home in Maryland for fear of Brett Kimberlin. But this week, Kimberlin’s process server found him at the same address where he lived last May.”
— “Xenophon,” BreitbartUnmasked.com, Sept. 20, 2013

Kimberlin didn’t hire a “process server.”

Nobody “found” me in Maryland.

They were lying all along, just as I said all along.

UPDATE: John Hoge explains:

Maryland Rule 2-121 requires that service via mail be “by certified mail requesting: “Restricted Delivery — show to whom, date, address of delivery.” The Restricted Delivery box on Line 4 is not checked, so the letter carrier gave the mail to whomever would sign for it. The mail was signed for by someone named Ford, so it was not delivered to Stacy McCain.
One of the lawyers discussing Brett Kimberlin’s performance in the raft of frivolous suits he has filed against my codefendants and me used the phrase “amateur hour.”

May God always grant us foolish enemies.

 

BomberSuesBloggers.com

 

Bullies, Braggarts and Fools

The Brett Kimberlin Fan Club has spent the past several days doing an online Happy Dance about Kimberlin v. the Universe, et al. The laughable falsehood thereof (see the responses by Ken White at Popehat and Patrick Frey at Patterico) doesn’t stop the perjuring bomber’s fanboys from celebrating what they imagine will be the annihilation of Kimberlin’s targets. My co-defendant John Hoge replies to one such fool:

If by some chance either of the suits survives a motion to dismiss, Brett Kimberlin will have to answer a lot of questions during discovery, and he will provide discovery this time. Because if he doesn’t, that will be grounds for dismissal. So either each suit is dismissed, or Kimberlin is subject to discovery, or he ducks discovery again and each suit is dismissed.
Of course, I suspect that one or more of the defendants is either or both of the suits will have counterclaims, and they will likely multiply after discovery. Also, I suspect that one or more of the defendants in either or both of the suits will be adding parties as part of their counterclaims. . . .

Read the whole thing. That Kimberlin has admirers who rejoice in his deliberate evil is one of the most amazing things about this story.

Fools who boast that their hatefulness will be vindicated by the forthcoming courtroom success of  The World’s Worst Pro Se Litigant™ are likely to be disappointed. But they have already covered themselves in such shame, they care not about their further embarrassment.

Bill Schmalfeldt’s wicked enthusiasm for anal rape — does anyone need to be reminded why Schmalfeldt is persona non grata at Daily Kos? — is entirely consistent with his depraved sadistic appetite for threatening the innocent and deliberately defaming the honest.

So a week ago, when Schmalfeldt was advised that his attempts to overturn John Hoge’s peace order against him were likely to fail, Schmalfeldt arrogantly and obscenely mocked this wise advice, and thereby accidentally prophesied the ultimate outcome:

Schmalfeldt’s humiliation in last Wednesday’s court hearing — even his hero Brett Kimberlin reportedly laughed at Bill’s clumsy arguments — was a result of his own bad judgment, and the Monday rejection of Schmalfeldt’s appeal made his humiliation complete.

Yet if Schmalfeldt were capable of learning from his own failures, he would never have made himself such a pathetic laughingstock, and so now he has set his heart on the success of Kimberlin’s flimsy RICO claim. Not content with this failure-by-proxy plan, however, Schmalfeldt decided to threaten Ali Akbar’s family — bad move, Bill.

Last night, Schmalfeldt got what he wanted. He got my attention. Over 30 tweets in 30 minutes that were brought to my attention by people concerned with my physical safety.
Schmalfeldt has bragged about beating people in drunken rages, about his weapons and he has written about calling his family members to physically harm people.
He called my mother, someone who raised three boys all on her own, all while going to school and working full-time, a whore.

See, I don’t believe in suing people, and it’s not my habit to call the cops, when my lawful means of self-defense are entirely adequate. But other people may not feel the same way, and if Bill Schmalfeldt is determined to continue hatefully harassing the innocent, he may be taught a lesson that even such a fool as himself cannot ignore.

 

BomberSuesBloggers.com

 


We Call Him @PatteRICO Now …

The best sentence in the whole crazy Kimberlin v. the Universe, et al., federal lawsuit is about the mastermind of the conspiracy:

“His orders are followed, his directives are heeded, his legal analysis is unquestioned, and his statements are believed.”

MUST. OBEY. PATTERICO.

MUST. OBEY. PATTERICO.

MUST. OBEY. PATTERICO.

The head of the RICO Racketeers™ has a few words of unquestioned legal analysis to impart to us, his lowly minions:

Like Kimberlin’s past acts of anti-free-speech thuggery, his tactics serve to remind people of the very facts he seeks to bury.
With the filing of this lawsuit, more people will learn that Brett Kimberlin was convicted for setting off numerous bombs, one of which blew off a man’s leg. More people will learn of his dishonest machinations to avoid paying a wrongful death judgment to the widow of the man whose leg Kimberlin blew off — a Vietnam veteran who survived the war, but could not survive the pain of the wounds Kimberlin inflicted. More people will learn that, when he set off those bombs in Speedway, police suspected him of complicity in the murder of a grandmother of a young preteen girl, with whom Kimberlin had had a relationship that many people (including the grandmother) considered inappropriate. . . .
Kimberlin’s actions are not rational — but then, “rational” is not a word you would typically use to describe a violent criminal sentenced to 50 years in prison for maiming a man with a bomb. . . .

You must read the whole thing and . . . OBEY!

 

BomberSuesBloggers.com

 

The World’s Worst Pro Se Litigant™ Gets the Complete @Popehat Treatment

“I’m going to sue this episode of Here Comes Honey Boo Boo because it upset me.”
— Ken White, Popehat.com

Bloggers keep asking me how to get sued by Brett Kimberlin, and I urge everyone to hurry now: If you don’t immediately join the “conspiracy” to “defame” the convicted perjuring bomber, the dishonest creep may actually wise up and reconsider his epic legal folly.

Ken White at Popehat.com has brutally dismantled Kimberlin’s RICO nonsense, and I’ll just quote a few highlights, including Ken’s point about the anonymous blogger Kimberlin Unmasked:

Kimberlin’s purpose is clear: he seeks another legal avenue to pierce the veil of anonymity and identify Kimberlin Unmasked, and he means to inflict expense and worry on someone who is criticizing him for being an unrepentant wrongdoer.

That’s important to understanding why it is not defamation to call Brett Kimberlin “evil.” Having been convicted of federal crimes, Brett Kimberlin has spent more than three decades defaming the victims of his crimes, defaming the law enforcement officials who apprehended and prosecuted him for those crimes, and defaming the witnesses who testified against him. He is an infamous liar.

He is indeed an “unrepentant wrongdoer” and why? Because repentance would first require admitting his guilt, and if he ever admitted his guilt, Brett Kimberlin would have to admit his motive.

Evil — quod erat demonstrandum. But I digress . . .

More of Ken White’s careful and masterful analysis:

Kimberlin filed an initial complaint, and then a First Amended Complaint in a couple of days. Are there flaws in his revised complaint? Hell yes. There are pleading defects, failures to offer necessary details, and vague legal conclusions where there should be predicate facts. Moreover, much of the speech Kimberlin attacks — like reports to police, petitioning of the government, statements in legal proceedings — is privileged, meaning that it enjoys protection from lawsuits. His attack on speech is so broad, and often so focused on petitioning the government, that he’s likely triggered Maryland’s rather limited anti-SLAPP statute. Am I going to explain all of the defects? No. Let him find out when he gets the motions to dismiss.
And there will be motions. . . .
Kimberlin’s focus on swatting coverage is a legal and rhetorical trick, an effort to avoid the even more obvious problems he’d have if he sued over coverage of his utterly incontestable history of committing monstrous crimes, evading his duty to repay his victims, and abusing the legal system. The effort to change the narrative should fail. I believe it will. . . .

Read the whole brilliant thing, and please do all you can to help us defeat the evil perjuring felon Brett Kimberlin, because I suspect the desperate plaintiff has not fully considered the consequences of his forthcoming failure. When he loses this lawsuit? Heh.

BomberSuesBloggers.com