We dispense with oral argument because the facts and legal conditions are adequately presented in the materials before this court and argument would not aid the decisional process.

US court of Appeals For the 4th District handing Bret Kimberlin another defeat yesterday.

I swung over to Hogewash today and along with the news of the latest blow to the cause of Kimberlin vs the conservative blogging world spotted this Team Kimberlin Post of the Day where Mr. Hoge notes some tweets from Commander Strax Bill Schmalfeldt suggesting that Mr. Hoge has “less than nothing” in terms of legal avenues to pursue against him.

Based on today’s court ruling the “less than nothing” seems to be aptly applied to the ability of the Kimberlin crew’s credibility although for myself I find the fact that the Kimberlin cases are still before the courts years later a bit sad.

While there may be merit in legally finishing off the Kimberlin crowd, who made some real trouble back in the day, to set an example for the next one, given their lack of utility for the left and their legal impotency against the right I can’t get myself all that excited about them.

I’m sure it’s likely the legal trail they have left would put them in jeopardy you would need a person with time, money and the tenacity of an engineer to pursue it to the end and people like Michelle Malkin, Robert Stacy McCain, Lee Stranahan, Aaron Walker, Patrick Frey, Ace of Spades, James O’Keefe, Ali Akbar and Erick Erickson between family and work simply have too much going on to spend precious time finishing off Kimberlin and company.

That’s why they should be worried about Mr. Hoge.

As a retired widower with the children long out of the nest he has the time all of those other lack. As an engineer trained in attention to detail he has the meticulous malicious nature necessary to research the openings that the mendacity of his foes have exposed and most important of all as someone whose expertise is still sought after and compensated accordingly for it, he , even in retirement, has the funds to jump though the various legal and financial hoops to get to the finish line.

In short Mr. Hoge in addition to the truth, facts, law and right on his side, he the time, the money the patience and the tenacity to follow all of this to the end coupled the temperament to do it with a smile.

Murum aries attigit

Update: Thanks to commentator nobody Atall who spotted the spell checker turning “meticulous” which it should be to “malicious” which it should not. Bill Hoge is not malicious in the least

Roger Cobb: Terry? I guess it wasn’t meant to be between us. I’ll always regret that. But I want you to know that, wherever it is you’re going, I hope you’ll be very happy.
Terry Hoskins:: I will. I’ve got a wonderful house, beautiful horses and all the money in the world why shouldn’t I be happy?
Roger Cobb: What?
Terry Hoskins:: If you think I’m really going through with this you’re not just stupid, you’re crazy.
Edwina Cutwatter {in Roger’s Body} What?
Roger Cobb: I’ll handle this. What?
Terry Hoskins::From the beginning I thought if mad Edwina wants to give her money away, she may as well give it to me. I never thought that “Flying Nun” could do it.

All of Me 1984

One thing about the Trump Tax story that’s actually more interesting than the left going from:

 Trump is keeping his tax returns from the Public because it will hurt him

to

Trump tricked us into releasing his tax return to the public because it will help him

Is  this question being asked by Allahpundit:’

Maddow’s fans idolize her as a smart liberal with a supposedly foolproof bullsh*t detector — yet here she was last night not only bullsh*tting them at length about the news value of the returns but quite possibly doing so as an unwitting pawn in a limited hangout by the Trump White House. She got suckered by someone, maybe the Republican president himself, which is something that should never, ever happen to MSNBC’s liberal eggheads. It’s sufficiently bad for her brand that it’s hard to imagine how she could have rationalized one night of mega-ratings as being worth the letdown and loss of faith in her judgment that she’d suffer among her regular fans. So I ask again: Why the ridiculous hype? I can’t figure it out.

which is even more cogent given this excellent point

by the time she finally got into the details of the 1040, it was Geraldo and the Al Capone vault all over again. Which brings us back to the question: Why? Why make viewers wait with bated breath for something you know can only disappoint them?

John Ziegler’s explanation is that hype is usually inversely proportional to actual news value. That is, it’s because Maddow knew she had nothing that she had to draw out the suspense. If there was anything truly juicy in the return, he reasons, don’t you think it would have been revealed by NBC’s hard news division, most likely Lester Holt’s program, instead of by Maddow during the 9 p.m. hour of liberal power?

So the questions on the floor are:

Why did Maddow push this?

Why are MSNBC and the rest of the press are still pushing it‘?

The Answer is as Stacy McCain alludes to is:  this is what the liberal rubes want.

After finally “reporting” the numbers, Maddow then filled the extra time with a lot of blabber — wild speculation about what sinister secrets might be hidden behind those opaque numbers. She suggested there could be debts owed to shady foreign entities (Russians, nudge, nudge, wink, wink) who could thereby influence Trump’s policies. While it is of course possible that such things could be true, speculation is not news, or else I could win a Pulitzer Prize for my seven-part series speculating that Rachel Maddow could be having a secret affair with Mika Brzezinski. Because, hey, why not?

The circular logic of Maddow’s “investigative journalism”:

  1. Donald Trump is a Republican;
  2. Republicans are evil;
    therefore
  3. Somewhere, there must be evidence of how evil Trump is.

Really, that’s all she’s got — a belief in Trump’s evil, which permits her (and every other liberal journalist) to constantly locate mountainous “scandals” where anyone with common sense sees only a molehill. Ever since Hillary lost the election, the media have been dogpiling every possible variation on the Russians-hacked-the-election conspiracy theory, because that’s what their core audience of disappointed Democrat voters want to believe. [emphasis mine]

Remember we’ve seen this before, when the Target was Michelle Bachmann

For many months we’re heard about Bachmann “scandals” that have been ready to break .

With a left dying to beat her and a media scoffing at and hating her it would be only a matter of time before the chickens would come home to roost.

Bull.

You have an IRS that was leaking tax information to the left, you have an AG going after Fox news reporters and their families, you had a press united in their disdain for the congresswoman and you think if there was some there there we would not have seen some actual meat out there?

And of course there was Fitzmas, when the entire left was convinced that prosecutor was just a step away from indicting Karl Rove, who would lead to Dick Cheney and maybe even George W. Bush.  Do you remember the anticipation, the jokes on late night and all that?  Stacy McCain did

For the love of God, have we forgotten “Fitzmas,” the 2005 rumor that special prosecutor Patrick Fitzgerald’s federal grand jury was about to indict Rove or Cheney or both? Who could ever forget the ridiculous farce of “investigative journalist” Scott Leopold “reporting” in May 2006 that Rove had been indicted?

And most importantly how it ended for them

05.10.25.BlueFitzmas-X

Stacy again

All of that ridiculous “PlameGate” nonsense was taken very seriously by the mainstream media, as though it were a real scandal that might implicate the president in High Crimes and Misdemeanors, and yet it was transparently absurd from start to finish.

That sounds really familiar doesn’t it, Trump Russia, Trump and Taxes, Trump and Bannon, etc etc etc the MSM keeps pushing this stuff, not because they believe it but because they know their customer base on the left does and will keep believing, and even if They’re burned

They just keep grabbing the next one.

You see liberalism is a religion and Their primary belief is that Conservatives/Republicans are the focus of evil in the world and we’re only one leak or investigation away from them being exposed forever.

That’s why this 2nd tweet from Ali is evergreen

Just substitute Bush, or Cheney, or Rove, or Palin, or Bachmann, and that tweet would be true in the past. We can put Conway or Bannon instead or (or along with) Trump and that sentence still works. And someday and someday in the future those names will be replaced by Republicans we’ve never heard of.

But the Democrats will still be the same and the MSM and the professional left will be there to play them, just as Ironically Buzzfeed reports that even Brett Kimberlin is back to play the rubes. Yeah Kimberlin is a bomber, a con man, a violent mendacious serial litigator but he’s not so stupid as not to recognize an easy mark when he sees them.

This is religion for the left and they’ll keep believing no matter what reality says to the contrary and if it doesn’t pan out they’ll wipe away their memory of their last failure just like Wikipedia wiped away Fitzmas removing its entry & redirecting it down the memory hole and grasp the next “scandal”.

I’ll give the last word to Peter Cook and Rowan Atkinson who demonstrate here

that Monty Python isn’t the only British comedy that the left has mistakenly decided was actually a guide to life.


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Olimometer 2.52

If you are not in the position to kick in dollars we will always happily accept your prayers.

Today Popehat once again put out a long and detailed post demolishing Brett Kimberlin, his tactics, his RICO suit, etc in some detail, a peek:

Brett Kimberlin doesn’t mention those careful qualifications in his complaint because they contradict his narrative and because Brett Kimberlin, a convicted perjurer, is a dishonest person.

I don’t know who swatted these people. I don’t know whether it was Kimberlin, or whether it was someone acting at Kimberlin’s behest, or whether it was an admirer or associate of Kimberlin acting with or without his knowledge. I do know that people who write about Brett Kimberlin have soon thereafter gotten swatted. And I know that the evidence amassed by people like Patrick Frey and Aaron Walker is more than sufficient for a reasonable person to suspect Kimberlin was involved. That’s an opinion. Like Walker’s and Frey’s opinions and the opinions of the other people he has sued, it’s protected by the First Amendment. As I explained in my post about Kimberlin’s state case, laying out facts and then drawing or inviting conclusions based on those disclosed facts is classic protected opinion. If Kimberlin wants to prove that’s defamation, he has to show that the facts, not the conclusion, are false — something he has conspicuously failed to do.

Stacy McCain expanded bluntly on the matter

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.

Stacy knows excellent writing and suggests you peruse Ken’s masterful missive but if you are busy, and have say only 10 seconds to comprehend the wrongness of Brett Kimberlin’s claims, here is a condensed argument that succinctly and accurately describes the merits of Kimberlin’s RICO case and arguments as only a Sicilian can.

Not as detailed as Ken, but it makes the point.

Update: Not as long as PopeHat or as short as Vinnie but Patterio explains it in three sentences:

That means that, according to convicted bomber and perjurer Brett Kimberlin, all of the defendants — Michelle Malkin, Erick Erickson, James O’Keefe, Glenn Beck, Patterico, and the others — are criminal racketeers.

Let that sink in. Brett Kimberlin is calling us criminals.

Sounds like I’m kidding, doesn’t it? Except I’m not.

Yup that’s about it.

…why are all those bloggers conspiring against me:

Convicted bomber Brett Kimberlin filed a federal lawsuit Wednesday that names as defendants syndicated columnist Michelle Malkin, Red State editor Erick Erickson, talk radio host Glenn Beck, investigative journalist James O’Keefe and others, claiming they are part of a “criminal racketeering enterprise” under federal R.I.C.O. statutes.

Stacy McCain:

When I first heard the news this morning, my initial reaction was, “You’re kidding me. This has got to be a hoax.”

That Brett Kimberlin is taken seriously by any court in the United States is the single biggest indictment of the system I can make

Dr. Evil:   One Million Dollars

Austin Powers Man of Mystery  1997

So when you are requested to pay up or be molested,
You will find it better policy to say: —

“We never pay any-one Dane-geld,
No matter how trifling the cost;
For the end of that game is oppression and shame,
And the nation that pays it is lost!”

Rudyard Kipling: DaneGeld

The Brett Kimberlin lawsuit against a variety of bloggers seems on paper to be a brilliant move. For Kimberlin there is little or no effort while the risks for the bloggers seem dire. As he himself put it:

“I have filed over a hundred lawsuits and another one will be no sweat for me. On the other hand, it will cost you a lot of time and money[.]”

Given that situation it would seem logical that the bloggers who Mr. Kimberlin is trying to silence might decide to back off.

They’re certainly not going to put up web sites saying things like this:

Who is Brett Kimberlin?

Drug Dealer, Bomber and Litigious Litigant

Kimberlin is the notorious “Speedway Bomber.” Born in 1954, he was 24 when he set off a string of daily bombs in the small town of Speedway, Indiana, terrorizing the town. However, his violent criminal behavior didn’t begin nor did it end with the bombings. Currently, on parole Kimberlin is using the court system to once again harass his victims.

or have websites up called Bombersuesbloggers.com

and they certainly aren’t going to be keeping much of an eye on Kimberlin allies

Yeah, $200 for “full service,” and you were advertising yourself on Craigslist under the name “Lisa,” but you’ve never been paid to write about politics and never written under a pseudonym?

We should trust you, because you’re mentally ill. And a prostitute.

Yeah this is going to work out perfect for Kimberlin, the bloggers are going to lay down in fear and their fellows won’t dare link or talk of it at all no chance of the Streisand effect here.

Why those bloggers are no more going to stand up and keep on fighting than a person can win a million bucks on the Price is Right.

Update: And nobody will link to this

Kimberlin’s progressive supporters have actually bragged online that anyone who writes about Kimberlin’s lawsuit against us might be sued, too. That’s right: Link my blog, quote my blog, and you could be added as a defendant in Kimberlin v. Walker, et al.

or this either

There is a divide in this country that once didn’t exist a divide that is being illustrated very strongly in action both getting lots of press and being ignored”

*************************

During the shutdown we’ve seen what US Park Rangers will tolerate. They’ll tolerate strong-arming tourists and locking them in hotels, they’ll eject WW 2 vets & Vietnam nets from their memorial and even impede access to roads and business to obey the shutdown order.

The Park Service is willing to forever have their reputation tarnished to watch the Back of Obama No matter what effect it has on them.

There was a time when that would have been unthinkable.

********************************

It’s been almost 2 years since Andrew Breitbart died but Shirley Sherrod (remember her) still wants blood.

In February 2011, Kirkland & Ellis sued Andrew Breitbart and others for defamation, false light and intentional infliction of emotional distress.

In February 2012, after weathering the pressure of the lawsuit for a year, Andrew Breitbart died of heart failure. He left a wife and four children.

One might have thought that would be the end of the matter.

Not content to have hounded Andrew for a year before he died, Shirley Sherrod’s lawyers are now seeking to add Susie Bean Breitbart as a defendant to Sherrod’s lawsuit. Andrew’s widow has been described as the nicest woman in Los Angeles. She had nothing to do with Andrew’s work at Breirtbart.com, save for perhaps putting up with his endless hours on the phone.

Breitbart was not a rich man but he had written about Pigford and Pigford and as Lee Stranahan reports Sherrod & her family had fingers in it. (emphasis mine)

I don’t think it’s a coincidence that this lawsuit comes just as things are starting to heat up in the Pigford investigation. Mrs. Sherrod is connected to Pigford. She’s the largest recipient of a Pigford claim; she, er husband Charles Sherrod and the New Communities farm won over thirteen million dollars while most other farmers only got $50,000. Mrs. Sherrod was hired by the USDA after this award. Prior to being hired, she worked to help keep angry black farmers from pulling out of the lawsuit after they objected to the terms of the consent decree. And despite her hero status with many, the farmers I have personally interviewed about Mrs. Sherrod have decidedly mixed feelings about her.

It’s worth noting while she is going after Breitbart’s widdow & children who she is NOT Suing:

Shirley Sherrod resigned. She is not suing Tom Vilsack, nor is Shirley Sherrod suing Vilsack’s boss, Barack Obama.

That’s because they were enabling $13 mil in government Andrew highlighted it.

There was a time when someone trying to sue a widow & 4 children would have been unthinkable. Not Anymore.

**************************************

While it has not gotten a lot of press lately the IRS scandal still moves forward. the latest news is that the IRS apparently was sharing personal information:

Top Internal Revenue Service Obamacare official Sarah Hall Ingram discussed confidential taxpayer information with senior Obama White House officials, according to 2012 emails obtained by the House Oversight and Government Reform Committee and provided to The Daily Caller.

Yes you read that right, the IRS, you know the people who went after the Tea Party because they opposed Obama and whose officials have taken the fifth, they are sharing taxpayer information with the White House. In fact it’s worse than it sounds:

“The data show that, had the Tea Party groups continued to grow at the pace seen in 2009 and 2010, and had their effect on the 2012 vote been similar to that seen in 2010, they would have brought the Republican Party as many as 5 to 8.5 million votes compared to Obama’s victory margin of 5 million.”

Given those numbers, it is reasonable to be suspicious of the IRS targeting, Veuger said.

And who came to those conclusions?

The AEI study was done by Veuger, Andreas Madestam of Stockholm University, and Daniel Shoag and David Yanagizawa-Drott, both from the Kennedy School of Government at Harvard.

And it’s not just groups, individuals are worthy of investigation:

Carson said he had only his suspicions to go on, but this year was the first time his taxes had been audited by the IRS and he added that the agency had tarnished its reputation for trustworthiness in an earlier scandal.

“We are in a situation where a government agency has been used to harass opponents of the administration, which places everything that the IRS does in a light of suspicion,” Carson said in an interview Thursday. “So whether this is a massive coincidence or if I was targeted, it looks suspicious.”

There was a time when such behavior would not be tolerated where the people where the objections would be so strong they could not stand. As Glenn Reynolds put it:

If this were a Republican administration, there’d be impeachment talk on every nightly news program.

But it’s not, so it does not.

*****************************************************

In my lifetime the country would have been united against such things now this is not the case and it’s brought this kind of reaction:

More and more I’m beginning to believe that there are very few people on the left who are decent.

To get that reaction from Karen the Lonely Conservative takes an effort. To get it from Stacy McCain, well that takes no effort at all:

The Culture of Victimhood encourages people to turn every grievance into a license to inflict harm on others. Flimsy accusations rooted in dishonesty or self-pity (or both) are applauded as “courageous,” and exploitation of the system is hailed as “social justice.” A sex offender turns her crime into a fable about homophobia, a notorious convicted felon claims to be a victim of “malicious prosecution, conspiracy to abuse process, defamation, false light invasion of privacy, harassment, intentional infliction of emotional distress, and stalking,” and we have become so accustomed to this evidence of pervasive moral decadence that we are not even outraged by it.

I’m past the point of being angry at the people who do this stuff.

I’m angry at everybody who is not as angry about it as I am.

One thing about anger, it comes from expectations. Stacy & I are old enough that we recall when such behavior would have been way beyond the pale and Stacy’s expectations have not decreased. The question is why has the behavior become acceptable against conservatives?

Ironically the answer comes from Jake Tapper on in a Q & A on Reddit: (emphasis mine)

“Do you believe there is bias in mainstream media?” a Reddit user asked. “If yes, which way does it slant and which networks?”

“Yes I do,” Tapper replied, “but I also think it’s more complicated than just liberal bias.”

“I think there are a lot of hard-working reporters in NYC and DC who have never fired a gun, or never worked a 9-5 manual labor job, or lived in the middle of the country, or worried about their next paycheck, or have anyone in their family who serves in the military and I think that creates a cultural bias,

That’s the secret. Since the rise of secular America there have been two cultures in America, one the Traditional Judeo-Christian culture that has been part of America forever and the other the new secular one which the media and the left has embraced.

Judeo Christian values have specific definitions of right and wrong. There are things things that cross the line and those lines are the boundaries of decent behavior. Thus the while it’s fair to say George Tiller was a killer, murdering him crosses the line and no pro-life group, no member of clergy & no member of the conservative movement celebrated his actions and his killer is not elevated to hero status.

However in a secular culture where right and wrong are flexible, where the ends justify the means, where the tactics are less important that the result things are different.

The Best illustration of this came during the Chick-Fil-A protests, I covered one of them and when the protesters were talking to the MSM they ignored me so I pressed them and something interesting happened:

I was generally surprised at the time they believed I would film their license plates implying I would attempt to trace them personally some way. I was offended at the time that they would think I would do such a thing, but I misread them.

They weren’t offended that I might use such a tactic, they assumed I would because it was a tactic they would use in my place because the ends would have justified the means.

Thus Brandon Darby can be pilloried for reporting an attempt to firebomb the GOP convention since the people who wanted to do it believed the right thing

Thus: Brett Kimberlin et/al can be funded and the tactics of his crowd can be embraced because his targets are conservatives who are impacting the debate against the president.

Thus: the left can decry the Catholic Church for its position on homosexual acts yet shy away from any critique of Islam to the point of siding with those who would censor TV & send Molly Norris into hiding.

Stacy McCain calls it evil and so it is, but the primary enabler of this are not the hard core left, the Sherrods, Kimberlin’s et/al who profit from it. If you talk to people who speak in their favor individually, you’ll get a lot of “Well nobody supports this…” because as CS Lewis pointed out they, like the rest of the Human Race are children of God with that spark of conscience inside.

However good requires courage and confronting evil has a cost.

Molly Norris paid it with her fleeing.

Ben Carson paid for it with an Audit

Andrew Breitbart paid for it with his derision

Stacy McCain Aaron Worthing John Hoge pay for it via a law suit.

It has a cost of comfort, it has a cost of acceptance and of retaliation. That’s where the rest of the sentence comes from “Well nobody supports XXX BUT…”

How many are wiling to pay that price? How many IRS agents were willing to resign? How many Rangers? How many people on the left are willing to make excuses rather than critique for all kinds of excesses for fear of the retaliation?

And how many journalists are willing to cross that line, even  a little and risk rejection.  The answer can be found by how quickly Wolf Blitzer ran away from this statement on an Obamacare delay

If that small a statement produces a need to run quickly away, how much higher is the price to speak the truth to power every single day.

That’s why I’m not as angry as Robert Stacy McCain would have me be, not because I don’t object as he does, but because I know the price and I don’t expect people without courage to pay it for people they don’t understand or agree with…

*******************************************************

Olimometer 2.52

…I do ask you to pay part of that price. $305 per week. This week I’m a tad over 15% of the way.

Are there 13 people willing to kick in $20 to get me the rest of the way.

That’s your call, if you say “Yes” hit DaTipJar below:

.

It’s been suggested that the Brett Kimberlin suit against bloggers is about silencing people or at least making them think twice concerning writing about him. Being a person of limited means totally dependent on my readers for my personal income that thought does weigh on my mind.

After all yesterday Patterico reported this concerning Brett Kimberlin suit vs bloggers:

A search of court records reveals the complaint is for “DEFAMATION, MALICIOUS PROSECUTION, HARASSMENT, STALKING, CONSPIRACY, INVASION OF PRIVACY AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS.”

That sounds serious and other than the potential of discovery I doubt any of the people involved are happy about being sued.

So when I saw this link from Jeff Quinton yesterday and followed it to this post he wrote from last year that linked to this bit at Ace of Spades saying this:

While I, and Kimberlin’s other targets, are heartened by Congress’ letter to Eric Holder to look into the SWATting matter, what a reading of Citizen K demonstrates is that Congress itself needs to act in order to finally put an end to Brett Kimberlin’s ongoing digital (and real-life) terrorism.

Because not even prison stopped Brett Kimberlin’s crimes. While working as a prison clerk, Brett Kimberlin forged his own release order, forging all necessary signatures; he planned to release himself at 12:01 am on Memorial Day weekend. His plan is that no one would attempt to call the warden to confirm the release in the middle of the night on a holiday weekend; to make the process of confirming the strange midnight release, he also took the step of removing contact information from the office’s Rolodex. This scheme was ready to be executed, but for a lucky break for justice: Kimberlin was unexpectedly moved to another prison before Memorial Day, and his forged release form was now useless.

Another job he was assigned to in prison was doing quality control for military equipment. Rather than ensuring that equipment used by the men and women of the armed forces were in proper working order, Brett Kimberlin gave the equipment a positive rating — and then cut the wires himself.

This is not an allegation; this is an amusing anecdote he enjoys bragging about. From Citizen K, page 184, directly quoting Kimberlin from the many conversations the author had with him in preparing the book:

“I’d run the cables through quality control,” [Kimberlin] said. “I’d check them. I’d sign off on them. And then I’d cut some of the damn wires.”

I was very worried about what might happen to me for quoting it.

After all to Brett Kimberlin quoting his attempt at escape might constitute DEFAMATION as he didn’t actually execute this plan.

Kimberlin may consider it HARASSMENT to have my readers in 50 states & 170 countries reminded of his willful destruction of military equipment.

It’s not the first post I’ve written about Brett Kimberlin so this post might be construed as  STALKING.

I’m a known friend of Robert Stacy McCain, attended Blogbash and participated in “Everybody blog about Brett Kimberlin day.  Kimberlin will surely think that was proof of a CONSPIRACY.

While they appear on an A list blog (Ace’s site is in the top 25k worldwide & top 10k nationally) and in a book titled: Citizen K: The Deeply Weird American Journey of Brett Kimberlin by Mark Singer available at Amazon here  Kimberlin might consider it an INVASION OF PRIVACY to report on this events long forgotten..

Finally for Kimberlin it goes without saying that any mention of these events, even on my C list site constitutes an INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS particularly if these statements are repeated on a Syndicated Radio Talk heard on three AM stations and nationally on FTR Radio.

At least I would be worried about such a thing if I didn’t realize that under that broad definition of DEFAMATION, HARASSMENT, STALKING, CONSPIRACY, INVASION OF PRIVACY AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS that Mr. Kimberlin would be using to sue, Miley Cyrus would be in court after me in a second.

Followed closely by Barack Obama, Harry Reid, Mitt Romney, Gabriel Gomez, Hillary Clinton, Scott Brown,  Anthony Weiner, Nancy Pelosi, Richard Cohen, Andrew Sullivan, Matt Smith, Steven Moffat, Joe Scarborough and Arther S. Demoulas.

So I think, Mr. Kimberlin’s current suit not withstanding I think we’ll take the risk and hit Publish on this post and hope for the best confident that the hundreds of people who have hit my tip jar this year would help defend if a suit took place against me.

Closing thought:  Am I the only person who read that quote above and thought:  Who the hell decided: “Hey,  you know who would be the most reliable cost-effective choice to inspect the equipment that our volunteer army depends on the carry out their missions?  Members of the prison population!”?   Even the far left foundations that financed Kimberlin over the last few years could argue he was an EX con.  Seriously compared to that decision the Kimberlin lawsuit is almost rational.

I’d be really interested to find out if this type of thing is still going on.

What do you when threats, even threats in the company of convicted bombers fail to silence your political opponents? You sue!

Convicted felon Brett Kimberlin has filed a Maryland lawsuit naming bloggers Aaron Walker, W. J. J. Hoge, Robert Stacy McCain, National Bloggers Club President Ali A. Akbar and the anonymous blogger “Kimberlin Unmasked” as defendants.

The defendants believe that the suit is without merit and is part of Kimberlin’s continued effort to use lawfare to silence journalists and bloggers who have written about Kimberlin’s criminal past. The defendants will not be made available for comment until they have finished initial consultations their respective legal counsel.

Two thoughts. What should we make of the fact that Stranahan & Patterico are not included in this suit?

I don’t know what the SLAPP laws are in Maryland but I’m sure that discovery by the defendants should be a whole lot of fun.

I hit Stacy’s tip jar, you should too.

Update: It should be made clear my wondering concerning Stranahan & Patterico doesn’t imply anything. It just seemed odd that if Kimberlin is trying to slow people who have stood up to him they would not automatically be on the list. Not that it matters, as I suspect this suit has less legitimacy that Ed Markey’s “Present” vote on war in Syria, and believe me that’s a hard standard to get below.

Update 2: Patterico has done some research:

Until a complaint is made public, only limited comment can be made. A search of court records reveals the complaint is for “DEFAMATION, MALICIOUS PROSECUTION, HARASSMENT, STALKING, CONSPIRACY, INVASION OF PRIVACY AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS.” It sounds like “accuse the accusers” on steroids, doesn’t it?

I submit and suggest that Stacy McCain being a journalist of long experience is much too canny to have crossed any lines and would be wise enough to advice Ali of the same. Unless I’m mistaken both Mr. Hoge & Walker have experience in law. Could this be all about outing Kimberlin Unmasked in order to allow his minions to attack?

Sheldon Cooper: I know what I said. I know what you said. I know what my mother said on March 5, 1992.

The Big Bang Theory The Staircase Implementation 2010

when Stacy smells a story he is a combination of Lt Data who remembers and files every detail for later use and a starving dog with a bone.

DaTechGuy on DaRadio Blog Immediately Recognized as Newsworthy: Advantage Hoge July 28th 2013

Are you one of those people who keep wondering where all this Brett Kimberlin stuff in the various Twitter Steams comes from?

Fear not while Matt Osbourne doesn’t seems to Stacy McCain does and continues to educate him with a variety of updates including this one (emphasis mine):

The damnable thing about what Matt Osborne did, in trying to make this about me — or Lee Stranahan or Aaron Walker, et. al. — is that Osborne was taking advantage of the vast ignorance about this story on the Left. Osborne and a handful of others on the Left have deliberately obfuscated the facts, which are complicated enough without having to refute Osborne’s false claims that Walker (or anyone else) “has relentlessly pursued a bizarre vendetta against Mr. Kimberlin for years” — the exact opposite of the truth!

This is the same point I made earlier today about the War on Women and where the Clinton/Weiner/Filner standard came from.

and then Stacy brings up a very important point that backs up my quote at the lead of this post:

Matt Osborne blithely accuses Aaron Walker and his friends of pursuing a “bizarre vendetta against Mr. Kimberlin for years,” but as for me, I never even heard the name “Brett Kimberlin” before May 17, 2012, when I saw Walker’s account of how he says Kimberlin tried to “frame” him for an assault charge. And all Walker had done to deserve that was to assist a left-wing blogger named Seth Allen, whom Kimberlin had sued.

What would the Kimberlin Crowd give to be able to go back in time and stop Stacy McCain’s initial interest in this story? What would Newsweek have given to go back in Time and run with the Lewinsky stuff that made Matt Drudge?

Vincent Gambini: Your Honor, may I have permission to treat Ms. Vito as a hostile witness?
Mona Lisa Vito: You think I’m hostile now, wait ’til you see me tonight.
Judge Chamberlain Haller: Do you two know each other?
Vincent Gambini: Yeah, she’s my fiancée.
Judge Chamberlain Haller: Well, that would certainly explain the hostility.

My Cousin Vinny 1992

Yesterday I put up a post noting the Newsworthyness of William Hoge’s revelation that Brett Kimberiln was in fact in some of the surveillance photos at Blogbash.

Given the implied threats and his history as a bomber that is significant and certainly newsworthy

today Bill has a post up that I don’t think meets that same standard:

Tetyana is opposed to Brett having custody of the children. She is concerned for her daughters’ safety. Tetyana says that she met Brett on the beach of the Sea of Azov when she was 14. She says that Brett brought her to America when she was 15 and married her just before her 17th birthday, while she was still 16, using fraudulent documents to obtain the marriage license. She also alleges that he had sex with her on multiple occasions while she was still 15, and that some instances occurred in Maryland. The common term for this behavior is statutory rape. In Maryland, it might be charged as sexual offense in the third degree.

He then quotes certain statements by Mrs. Kimberlin that I won’t repeat here.

While there is certainly some history along those lines and I don’t doubt that this is what Mrs. Kimberlin has said to Mr Hoge there is something that one must remember. This is a divorce and the custody of children are at stake.

Even in the most civil of divorces the subject of custody can be tricky in an acrimonious divorce watch out

To say this is an acrimonious divorce would be like saying that the Muslim Brother has a little problem with Jews (Andrew Weiner for some reason excepted). There is going to be a lot said by both sides and a judge is going to have to sort it all out.

Mind you Mrs. Kimberlin’s fears concerning the kids may be very real and I don’t dismiss her story out of hand, additionally Mr. Hoge has met Mrs. Kimberlin and talked to her, so he may have a better perspective on this than me.

But I can’t forget that I know many men with marriages less successful than mine who have told me about of things that were said at divorce proceedings that they couldn’t believe were being said by women they once shared a bed. These are men with backgrounds nothing like Brett Kimberlin who paid dearly for those words.

And frankly if you are a part of the anti-Kimberlin crowd this is just the type of story that fits too conveniently into our narrative.

So given that situation despite my natural inclination to believe the worst about Mr. Kimberlin and despite certain parts of his backstory that are suggestive in that direction I’m going to have to decline to jump on board with this particular accusation, at least for now, until I see evidence that supports them that I’m currently not aware of.

If I become aware of such evidence in the future I’ll take another look until then I’m not going there.

Update: It appears actual charges have been filed, while that increases the newsworthyness of the story I’ve seen that tactic used in divorces as well. While going on the official record increases credibility the charges itself isn’t evidence.