Q: When do you know that everyone’s favorite Convicted Speedway bomber has finally crossed a line even the left can’t abide?

Stacy tells the story of the ACLU and former Kimberlin Lawyer Paul Alan Ley defending Ace is here and here A peek:

I doubt Kimberlin v. Ace of Spades will ever become a landmark Supreme Court ruling, something your grandchildren will read about in history books, but crazier things have happened, so you never know.

But here is the story from the horses’ mouth key bits:

Kimberlin was in prison for some horrifying crimes – the planting of several bombs in Speedway, Indiana – and we had no idea whether Kimberlin was telling the truth about Quayle.  But the Justice Department was not punishing him on the theory that his speech was deliberately false and defamatory (in which case it would have been unprotected by the First Amendment; but how would the Justice Department have known whether Quayle was or was not a drug customer anyway?), and even thugs have the right to criticize public officials.  So we pursued documents about his confinement under the Freedom of Information Act, hoping to set up a Bivens action against the responsible federal officials.  (The action under Bivens and other authorities was brought by pro bono attorneys from Arnold & Porter and was ultimately settled after several denials of summary judgment and trips to the DC Circuit and even the Supreme Court).

Right away Mr. Levy points to Kimberlin as a person who was jailed for horrible crimes.  That being the case it would seem to me that referring to said crimes and or distrusting said person based on those crimes would be not only normal but prudent.

As I usually do in these situations, I began by trying to persuade Kimberlin to drop his discovery request because the blog post in question is not defamatory.  Kimberlin responded by detailing a number of different statements that Ace of Spades had made which, Kimberlin threatened, would be made the subject of an amended complaint.  And when Kimberlin learned that I had not been dissuaded, he sent Ace of Spades an email threatening that, unless Ace immediately accepted Kimberlin’s unspecified terms, Kimberlin would unmask her and she might suffer the same fate as other bloggers whom Kimberlin had managed to identify (Kimberlin mentioned one blogger who had lost his job and suffered two years of unemployment).

I’m a big believer in trying to head off trouble politely  Mr. Levy is to be commended as a person who both has contact with Mr. Kimberlin and his trust due to his earlier association in attempting to dissuade him from these actions.  That Kimberlin rejected this wise advice and instead began threatening Ace in my opinion says that Stacy McCain , William Hoge, Aaron Walker & Patterico have him pegged exactly right from day one.

As for Mr. Levy he then talks about what he has argued that Ace of Spades….

…has real reason to fear retaliation if she is identified.  This could involve either the economic consequences that Kimberlin threatened explicitly, or even physical consequences in light of the SWATting phenomenon visited by unknown persons on several bloggers involved in controversies with Kimberlin, not to speak of Kimberlin’s own violent past.

and if that last paragraph didn’t clinch that Kimberlin et/al are dangerous this one from the complaint should do it:

First, there is a serious danger of retaliation against Ace of Spades. Ace is concerned by Kimberlin’s past reputation for violent acts — resulting not only from Kimberlin’s convictions for the terroristic bombing campaign in Speedway, but also past reports about Kimberlin’s effort to procure the murder of the prosecutor of the bombing cases, and the police investigation into whether Kimberlin was involved in the gang-style slaying of Julia Scyphers and then planted the bombs to cover up that crime, reported in the Indianapolis Star.  Gelarden, supra. Moreover, even assuming that Kimberlin was not himself involved in the SWATting of his critics (and as long ago as 2012, Ace of Spades specifically urged her readers not to assume that Kimberlin was the SWATter, because she does not believe that he was), the factremains that several of Kimberlin’s critics have been SWATted.   Complaint ¶¶ 58-62. Given Kimberlin’s public identification of other critics as soon as his subpoenas revealed their identities, Ace of Spades has every reason to fear violence at the hands of Kimberlin’s admirers if Kimberlin obtains his identifying information.

To those who think this is all overplayed or not a big deal re-read that last sentence.

I have a lot of respect for all those who have taken on Kimberlin & co head-on, they are doing it not just for themselves but for those who follow who would be intimidated and silenced.

That a debt that can’t be easily repaid.

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Olimometer 2.52

It’s Wednesday and the quest for the #350 to pay the pay Da Magnificent Seven and the less than magnificent mortgage continues.

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10 $25 tip jar hits will do it for this week.

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One of the things that is almost axiomatic is the law moves at its own pace.

In one respect this is a good thing.  It’s very dangerous to rush to judgement before the facts are in, but in an age of rapid response, lack of patience and instant gratification the slow crawl of the law is not enough for many.

Since my living is made in the rapid response world I’m required to give more attention to other stories but there are a few stories of the law’s slow march that are worth highlighting

1.  Kimberlin vs the World:

Ken: Got you again you bastard:

A fish called Wanda 1988

The Brett Kimberlin suits vs Stacy McCain, Aaron Walker, W Hoge continues on, William Hoge has of course been all over it.an example

It seems most of The Dread Pro-Se Kimberlin’s legal effort these days has to do with finding the identity of Kimberlin Unmasked. This is something that he has been pursuing for months. When he cross examined me during the Hoge v. Kimberlin peace order trial in May, he asked me if I knew the identity of Kimberlin Unmasked, and I truthfully replied that I did not. Again, during the recent hearing on extension of the Hoge v. Schmalfeldt peace order, TDPK had Bill Schmalfeldt ask me if I knew the identity of Kimberlin Unmasked, and, again, I answered truthfully that I did not. Almost all of Kimberlin’s activity in the state Kimberlin v. Walker, et al. suit has centered on identifying Kimberlin Unmasked.

I’ve seen all sorts of wacko rumors circulated by Team Kimberlin that Kimberlin Unmasked is Aaron Walker or Patrick Frey or Dustyn Hughes or Jeff Dunetz or Lynn Thomas or Kender MacGowan or Lee Stranahan or Dan Collins. However, I’ve seen no evidence proving that any of those individuals is Kimberlin Unmasked.

I’d ask myself if I was Kimberlin Unmasked but given how well Sicilians keep secrets and our notorious lapses of memory in court under oath I don’t think I could rely on the answer.

Meanwhile on the case itself moves on:

Get out your popcorn again, because this will be fun.  On Monday, December 16, I filed a memorandum with the court in support of Kimberlin Unmasked’s attempt to remain anonymous.  In it I argued that Brett Kimberlin is a public figure who must offer evidence that he is not a pedophile or misogynist, and has offered absolutely no evidence of harassment.  I also argued that if he is given this information about Kimberlin Unmasked, that he can be expected to stalk and oppress that person or persons, given all that he has done to me in the past two years.  I specifically said that 1) he cost my wife and I our jobs, 2) tried to frame me for a crime, and 4) personally stalked my wife and I.

So yesterday, as Rand Paul was celebrating Festivus and airing his grievances on Twitter, Kimberlin aired his own by filling a series of motions in state court.  And Brett Kimberlin’s response?  Well, shut up, he explains.  He tries to get the whole thing struck and me sanctioned for filing it.  Yes, really.

He links the motions along with a video response:

Meanwhile the court case continues on. How will it finally end. I think it’s going to end like this scene from a Fish called Wanda with Kimberlin in the Kevin Kline Role:

The real question is Kimberlin’s goal. If the plan is to take up as much time belonging to good bloggers that could be spent on other things then it’s working perfectly. Of course he might just be a violent criminal psychopathic nut with a following of crazy fans who gets off on this kind of thing, but there is no reason those two things have to be mutually exclusive.

If you want to know where this story came from Walker’s link that explains it all is here.

2.  The Amazing disappearing Rauhauser

Woman:  Oh my husband where have you been.  Why do you not come home to see the children?

Zorro  Amnesty for Zorro 1959

Stacy McCain notes that Neil Rauhauser has moved on from stalking/trolling Stacy’s military son’s facebook page to playing duck doge and hide from his estranged wife

The latest weird turn in Rauhauser’s weird career is that his ex-wife evidently showed up on Twitter, complaining that Neal still owes some $47,000 in child support for the two children — now ages 17 and 13 — of their marriage, which ended a decade ago. Now, this caveat is necessary: I cannot verify that the Twitter account is his ex-wife’s nor, if it is indeed her, can I vouch for the accuracy of all she alleges.

Daily Kos reports that Neil Rauhauser has been acting like, well Rauhauser

Neal is probably not too upset people know he’s a deadbeat dad or has a history of domestic abuse and child abduction and endangerment.  He’s probably annoyed people know Mr Stranded Wind ratified a mineral lease to authorize fracking on his family’s property in North Dakota. But Neal is definitely pissed that Nancy verified he doesn’t have Aspergers as he’s claimed for years. Far from it, Nancy has documents showing her ex-husband was clinically diagnosed with Narcissistic Personality Disorder overlaid with Reactive Affective Disorder. Neal Rauhauser is a certified Sociopath.

So in the two weeks she’s been on Twitter, Neal has begun harassing Nancy, her children and her relatives with phone calls and text messages. He also did what he calls a SWAT lite and called Child Protective Services on his ex-wife. Other strange things have been happening recently too: someone attempted to hack Nancy’s eBay account, someone attempted to use her daughter’s social security number and someone accessed her son’s school records and found out where they live.

and the family is taking this stuff seriously:

Rauhauser has a warrant for his arrest, there are more coming. He is implicated in alleged SWATtings and false reports. He is armed and he is dangerous. The Security team will see that the restraining order is enforced. Any visits by Neal will result in his arrest. Should any harm come to Nancy or the Rauhauser children, the consequences will be severe. Due to Neal’s reputation, Nancy is also in touch with the FBI and Homeland Security so you can be sure the situation in real life and online is being monitored.

Talk about a war on women! Rauhauser’s reaction…

well life is full of coincidences. No matter how long he ducks the warrants remain out there. Sooner or later he will make a mistake, or a process-server will pose as an ally at an event or an actual ally will get pissed enough to give him up to his wife.

3. Whatever Happened to Lunenburg…

The question is, should this indictment have ever been brought? Which office do I go to to get my reputation back? Who will reimburse my company for the economic jail it has been in for two and a half years?

Raymond Donovan May 25th 1987

It’s been several weeks since the worm turned in Lunenburg MA where the town and football team went from national racist pariahs to the victims of the latest race hoax. The latest result in Google news search is this indignant column in the Worcester Telegram from Dianne Williamson who is outraged…:

If the graffiti was painted because authorities hadn’t acted on complaints that her son was being harassed, shame on her. Because rather than draw attention to bigotry, the incident created a forum for racists and deniers to slink out of the woodwork.

…because the latest developments it validates those who don’t share her worldview and are thus by definition “racists and deniers” Amazing how “denying” something that is false in the worldview of those to who the United States is perpetually Mississippi in 1955 on race, but the most interesting development in terms of the law is this:

Now it could be that we are awaiting police testing of the spray cans, it could be there are other developments that we aren’t aware of or it could mean that the Police Just didn’t want this to overshadow Christmas & New Years in the town.

But sooner or later something is going to happen and the law will move.  The only question left is this:  When it does it will be reported?  Or with the congressional midterms and Obamacare will the reputation of Lunenburg and their team quietly fall down the memory hole and folks who point out their innocent be labeled as “deniers”?

4.  …and Paris Tennessee

A lie can travel halfway around the world while the truth is putting on its shoes.

Mark Twain

Around the same time that Lunenburg was staying home on Thanksgiving the Huffington Post wrote about Joe Williams:

The owner of a Tennessee health food store was beaten unconscious by three men in an alleged anti-gay hate crime.

As local ABC affiliate WBBJ TV is reporting, the owner of Healthy Thyme in Paris, Tenn. was also robbed of $1,200, while the suspects wrote a “three-letter homophobic slur” across his forehead in permanent marker during the alleged attack, which took place Nov. 20.

The victim, identified by Fox 17 as 32-year-old Joe Williams, told the Paris Post-Intelligencer that a man had come into the shop earlier that day and asked him about his sexuality, before responding that he could not shop there if he was gay. He also said that he was called derogatory names during the beating, which took place as he was in the process of closing up the business for the night.

The advocate linked the story as did GLAAD in its daily round up Dianne Williamson didn’t manage to get around to it, likely because as a Massachusetts liberal she fixed it’s axiomatic that people in a red state like Tennessee  spend their days beating up gay heath food store owners so it was hardly worth mentioning.

It seems that was a fortunate choice on her part.

A man who told police he had been robbed and beaten at a Paris health food store a few days before Thanksgiving was arrested after he allegedly withheld information about the incident and has now been charged with filing a false report.

Joe Williams, 32, of 803 E. Wood St. was arrested Friday afternoon after turning himself in at the Henry County jail.

Stacy McCain makes the obvious point:

The apparent fakery by Williams probably won’t be reported in bold headlines by some outlets that reported the story originally.

Well the Paris Post Intelligencer with an Alexa Ranking of 3,244,731 did as did Stacy whose site is ranked  did and they have an Alexa Ranking as of Sunday 12-28 of  web site did Stacy McCain (ranked 70,567) and the daily caller (ranked 1,981).

But GLADD’s rank is millions ahead of he Paris paper (ranked 98,768 worldwide) the Advocate does much better than Stacy McCain (ranked 21,667) and while the Daily caller rank in the top 2000 worldwide is impressive the Huffington Post’s rank is in the top 100 worldwide (#66 worldwide & 20th in the US).

So while, thanks to Duck Dynasty GLAAD has had a bad month the revelation that this is yet another hate crime hoax is unlikely to be reported as widely as the base story to make GLAAD’s month worse.

And it’s just as well, we don’t want to empower those “deniers” right Dianne?

Calvera: You’ll do much better on the other side of the border. There you can steal cattle, hold up trains… all you have to face is sheriff, Marshall. Once I rob a bank in Texas; your government get after me with a whole army… whole army! One little bank. Is clear the meaning: in Texas, only Texans can rob banks.

The Magnificent Seven 1960

I hate to say it but  in one respect the Kimberlin/Rauhauser crowd has been rather successful.

The primary service they, in my opinion, perform for the left is to tie up bloggers who would otherwise be promoting other stories that could expose and inconvenience their goals.  There is always the chance that bloggers hit a story,  get it promoted high enough up the food chain to be noticed and/or reported in the MSM to the general public.

This is why I believe the far left people and groups who have funded Kimberlin in the past are, again in my opinion, funding him now.

So like a scratch that can become infected it’s my opinion that Kimberlin/Rauhauser et/al basically “clean” said scratches by tying them up, either in litigation or by drawing at least some of the attention of said writers away from what his happening in the world.

Now there have been some large blogbursts on the subject including  “Everybody write about Brett Kimberlin Day”.  Stacy McCain’s posts on the subject have gotten their share of Instalanches as well but there has been one constant in all of that.

The knowledge and outrage concerning these men has remained largely in the political blogging community and hasn’t broken out to the general public or the low information voter.  We are all known within our sphere, some are even famous in those circles but we are only vaguely known to the public.  Glenn Reyonlds once described it like being a “Champion Bowler” (if you don’t believe me tell me who Earl Anthony was without doing a web search).

As long as this remains true, that the activities of  Mr. Kimberlin, Mr. Rauhauser et/al remain a topic of conversation within that bubble, they can continue to be effective, particularly if you consider who is running the Justice department these days.

Which brings us to the web site Bullyville.

bullyville1

As you can likely tell from the masthead and the facebook page the site is all about bullying both online and in person.  The proprietor of the site, James McGibney has fought an effective battle against those who wish to bully others both online and elsewhere. If you doubt said effectiveness “Revenge Porn King” Hunter Moore might not.

a Nevada judge finally issued a ruling on the case, proclaiming that Mr. Moore must pay Mr. McGibney $250,000 in defamation damages, as well as pay his legal fees.

We reached out to both Mr. McGibney and Mr. Moore and will update when we hear back.

Update:  Here is a statement from Mr. McGibney:

“this judgment is the least of Hunters worries. It just helped to pave the way for the class action lawsuit already in the works against him. He thinks these young girls have forgotten what he did to them; think again. And when you threaten to rape my wife while my kids watch, you’ve earned my undivided attention. Never forgive, never forget. #expectus”

While I likely disagree with Mr. McGibney on some subjects I would not doubt for one second his effectiveness, nor would I question his reach:

bullyville

…which on twitter is 20 times larger than mine and triple that of friend RS McCain

That being the case his new-found interest in the Kimberlin/Rauhauser crowd can’t be good for them:

If you simply Google the name Neal Rauhauser; you will quickly see what kind of man; he really is. He’s a cyber-terrorist, who is buddies with an actual convicted perjurer and domestic terrorist, who was convicted of bombing an innocent American citizen, blowing his leg off and ultimately resulting in the suicide of his victim from pain and suffering.

The same domestic terrorist who associates with and employs his ex-prison buddies who were convicted of possession of child pornography. Neal Rauhauser is considered one of the most notorious bullies on Twitter.

That is is the tame friendly part, go to the Bullyville site for the whole ten yards.

It’s bad enough for the Kimberlin/Rauhauser crowd that Bullyville took an interest in him and directed his large readership  to many Rauhauser foes in the process:

So run along and connect to a TOR node in Switzerland and create a bunch of pastebins about me that 100 people will read. By the time you’re done with that, I guarantee you over 250,000 people will have read this.

but the TYPE of readership Bullyville has that means a lot of trouble.

Bullying is a hot topic, a week can not go by where the national media doesn’t bring it up, it’s become a cause célèbre for the famous and many millions of ordinary people who likely never spend a single day on a political blog have an interest in it.

That means that like the Three Stooges when their shorts were first shown on TV, the Kimberlin/Rauhauser story is now being exposed to an entirely new audience who are not only being informed but are being directed to a series of web sites that have told their story with even more detail than Mr. McGibney and all of this is going on while the Kimberlin suit is going forward.

I suspect this marks the beginning of the end of their effectiveness. Particularly if Mr. McGibney decides to take an interest in the source of their funding which I suspect is a very interesting story indeed.

My advice at this point to the Kimberlin/Rauhauser crowd would be to ride on, to cut and run in the hopes that he doesn’t pursue this further, I suspect, however that it’s already too late.

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Olimometer 2.52

While it’s likely too late for Kimberlin & Rauhauser to escape the wrath of Mr. McGibney it’s clearly not too late for me to make my final $305 paycheck.

Tomorrow begins a new week when I’ll need a paycheck to support myself, Chris, Vin, Harry, Bernardo, Brett, Lee and Chico

I’ll just ask you to hit DaTipJar below.

Today at his site Stacy McCain mentioned the connection between the downfall of Anthony Weiner and issue that several bloggers who were involved in the same had:

I’ve got a particular interest in the question of who ID’d Sydney Leathers because, for months, Ladd Ehlinger Jr. has entertained the possibility that the harassment of Brett Kimberlin’s enemies was somehow being funded by supporters of Anthony Weiner.

Speculation isn’t my business, but when you observe extraordinary behavior, you can’t preemptively rule out extraordinary motives.

While who is paying Team Kimberlin is an interesting question I think a more interesting question is this:

What donors have chosen to invest in Anthony Weiner and his future?

To answer that question you have to look Where Anthony Weiner one was

Before his fall Anthony Weiner was the perfect man for this type of donor. A man to watch he was an ultra liberal on almost every issue, he was a man who not only went the full Obama but was a fighter, a man to watch. You couldn’t miss him on TV constantly debating and defending the president and all he believed inHe rose through NH politics protege of Chuck Schumer and in 2009 the world seems to be his oyster.

At least until he crashed.

Now lets consider political donors there are really four kinds of them:

1. The True Believers: They believe in a cause or a person so deeply that they are willing to invest their money in them. These are the people that are constantly getting calls and the e-mail from the various parties. (a lot of small donors fit that description).

Before the fall: He wold be a natural for their money and adoration, the Obama/Liberal point man.

After the fall: It’s really unlikely that too many of these would stay on board with Anthony Weiner. His lying to their face would chase off the personal givers and the cause bearers could find other candidates who believe the same to give to. Nor would they be likely to finance a campaign of revenge.

2. The Protection Racket: These are the people who give something to both sides as insurance so they’ll just leave them alone when it comes time to regulation and the like.

Before the fall: Weiner would get the dollars for people who wanted to cover themselves with the Obama team

After the fall: These people give to cover themselves, after Weiner’s downfall there would be no incentive to give and such givers would likely wait until after the runoff to hedge their bests, particularly given Weiner’s past.

3. The Groupies: These are vanity donors. They give so they can say they are involved, so they can talk about how connected they are convince themselves how much they matter. This is a very common animal in the cocktail circuit in the big cities

Before the fall: Weiner as a TV celeb would be a prime materal for this money.

After the fall:How much status can you get at a party by saying “I’m Anthony Weiner’s backer?”

But then there is the 4th type. These are the are the investors. These are the people who have an agenda and decide a particular pol has the talent and ability to advance it. If your cause is particularly shady the willingness to advance said agenda is more critical that the amount of talent.

Before the fall: He would be a prime investment for a person wanting power or influence, a rising star in the party, possible future Mayor of NY with the senior Senator of the state behind him. And if you had a bad or unpopular cause you might sink in a LOT

After the crash it’s different, Remember he didn’t just crash he crashed in disgrace, tried to blame Brietbart for what happened, (Resulting in my NY Post piece & appearance on Fox) He alleged he was hacked and not only was exposed as a liar, but had the ignominy of Andrew Breitbart holding court at his mike before his own press conference could begin

Now it’s certainly possible that Anthony Weiner was so beloved by people who even after his fall groups of people were willing to devote hundreds or thousands of hours to defend him and go after those who were responsible for his fall and it’s not impossible that Congressman Weiner was able to find new investors willing to sustain him and push a his candidacy for Mayor on the off in the hopes that he could overcome the previous embarrassment and scandal and get what would be considered a higher profile position than he held before his fall.

But that would seem unlikely. I’d say it’s much more likely you would need someone with a bad or unpopular cause that’s it’s difficult to find another person willing to go along or a group with such a large or critical investment in Mr. Weiner that it still worthwhile to devote the cash necessary to punish his foes and advance a second rise from the ashes in the hopes of recovering the situation over time.

I wonder who that might be?