There are no details yet, but the Walker v Kimberlin case has been dismissed.

Back in June I wrote about how Kimberlin resembled the story Hal Chase who when finally brought before authorities concerning his reputation for throwing games thanks to his manager Christy Mathewson. The result:

Lucky for Chase by the time he came to trial before league WW 1 took Mathewson to France. Without Mathewson whose live testimony would have likely doomed him Chase was able to successfully accuse players who testified in support of the charges of being part of a clique against him (sound familiar?) lied directly about past claims (sound familiar again?) and somehow managed to talk his way into acquittal. As Bill James put it on page 332 of his book:

“He was free, then. It had all be brought out into the open, and he had gotten by with it. This seems to have had a liberating effect on Chase’s activities”

The rest is as they say history,

I wasn’t in the court room, I don’t know how or why the judge did what he did, but the end result will certainly encourage Kimberlin & co to soldier on with even more impunity.

Eventually Chase was banned after his involvement in fixing the 1919 World Series. Apparently it will take something much worse than what has already happened for the law to scream: enough!

It’s not going to be pretty.

Update: Stacy McCain promises updates, but the big story is not so much the details but the emboldening of some very bad characters.

Update 2: I’d like to thank the Ray Kroc Memorial Media Center for giving Stacy and Hoegwash the ability to update us in a timely manner.

Update 3 Stacy notes two important things we see:

It’s actually worse than that: It’s not just bad characters, but bad behavior that have been emboldened. Why shouldn’t everyone with a grudge resort to the methods Kimberlin & Co. employed against Walker?

The targeting of political bloggers, the cyberstalking and harassment, are now all now acceptable tactics for which there is evidently no legal discourse. Thanks, Judge Potter.

And Dan Backer notes the following

“The precedent set here is just terrible,” Backer said, talking about how Judge Potter ignored Kimberlin’s violation of court orders to seal the discovery materials. “Why should anyone comply with discovery?”

Walker is penalized for obeying the Judges rulings while Kimberlin is rewarded for flouting them, sounds like the left on gun control.

As Glenn Reynolds says you get more of behavior you reward, more is coming.

Update 3: Hogewash has a long post, two bits of it:

6. Now that I’ve had a chance to size up Stacy McCain, I’d like to echo the warning that Glen Reynolds made about not trying to out-crazy Mr. McCain. Team Kimberlin should not expect to be able to divert him from relentlessly blogging about their mischief.

Stacy with a story is like a dog with a bone and this is Stacy’s story. He’s not going to let it go, as for Mr. Hoge

7. Similarly, they should not expect Hogewash! to let go either. While I consider myself simply to be pigheaded, I have been described as having weapons-grade persistence. I have turned the Vast Hogewash Research Organization loose on Team Kimberlin. The data is rolling in, and, as it becomes useful in bringing the truth to light, it will be published. You can also expect that I won’t tell everything as soon as I know it. Somethings need to wait until the time is ripe.

I still don’t think this will end well for Kimberlin & Company but regardless one can’t forget they have a win in the bank right now and will act accordingly.

Update 4: More from Stacy.

As a person of the right I’ve already expressed my opinion of what the House should do in terms of the “Fiscal Cliff” although I absolutely love Glenn Reynolds’ ideas in USA Today which include Simpson Bowels, a plan to taxing the Government revolving Door and particularly his idea for Hollywood:

3. Make Hollywood Pay Its Fair Share. At the DNC, actress Eva Longoria offered to pay more taxes. Well, back during that Eisenhower era that the Dems are so nostalgic for, there was a 20% excise tax on movie theater revenues. It was established to help pay off the post-World War II debt. Now we’re in debt again. Bring it back. For added fun, extend it to DVD sales, movie downloads and music on CDs and over the Internet. As a great man once said, at some point, you’ve made enough money. If we need more tax revenue, who better to pay it than Hollywood fatcats with their swimming pools and private jets?

but while these ideas are creative there is one thing I have no patience for right now and that’s quoting polls right after an election:


A survey of 800 Obama voters, conducted last month by Benenson Strategy Group for the moderate Democratic think tank Third Way and shared first with POLITICO, finds that 96 percent believe the federal deficit is a problem and that 85 percent support increasing taxes on the wealthy.

Yet 41 percent who supported the Democratic incumbent want to get control of the deficit mostly by cutting spending, with only some tax increases, while another 41 percent want to solve it mostly with tax increases and only some spending cuts.

Just 5 percent of Obama supporters favor tax increases alone to solve the deficit, half the number who back an approach that relies entirely on spending cuts.


Meanwhile, according to polling by CNN, registered voters oppose Obamacare by a margin of 10 points — 52 to 42 percent. Independents like Obamacare even less, opposing it by a margin of 22 points — 57 to 35 percent. Clearly, voters didn’t think they were ratifying Obamacare when they pulled the lever for Obama.


The Rasmussen Reports daily Presidential Tracking Poll for Monday shows that 56% of Likely Voters at least somewhat approve of President Obama’s job performance. Forty-two percent (42%) at least somewhat disapprove.

This is the second day in a row the president’s approval rating has been this high. This is his highest level of approval since being reelected and the highest since the earliest days of his time in office

and Gallup

For the first time in Gallup trends since 2000, a majority of Americans say it is not the federal government’s responsibility to make sure all Americans have healthcare coverage. Prior to 2009, a majority always felt the government should ensure healthcare coverage for all, though Americans’ views have become more divided in recent years.

Now it’s the job of polling companies to poll but I think any argument on what to do at this time based on polls are nonsense.

We just had an election. The result was the status quo. Any poll that says Obama voters want spending cuts is meaningless because those same voters choose the candidate who pushed for tax increases instead, as Mary Katherine Ham put it:

Too bad they all voted for the man who’s offering a rather more unbalanced approach than Republicans.

If the voters wanted a President who wanted spending cuts, if such an issue was overriding to them, they would have acted differently, if they didn’t like the GOP House or the Democrat senate they had a chance less than 30 days ago to do something about it.

They did not.

I objected to the left arguing the GOP should follow their path based on polls in December of 2010, I see no logical reason for any pol to base a decision on a random sample polling when they have the hard data from the only one that matters.

I fully expect Barack Obama and Harry Reid to act based on their victories, I expect the GOP to do the same, what happens next will depend on how clever they are in doing it. As far as the American People are concerned they had better decide to like it.