Today on DaTechGuy on DaRadio we welcome William Hoge of Hogewash.

He will talk about his & his fellow defendants victory in the case of Brett Kimberlin v every blogger who ever mentioned his name.

Mr. Hoge will provide some background to those unfamiliar with this nonsense, give details of the trial and it’s result and express relief that the case was not tried in Travis County Texas where apparently Mr. Kimberlin would likely have a great future as an assistant DA.

You can listen live here or call 888-9-fedora

And of course we are played on FTR Radio and the 405 media as well

See you at noon

Judge: Tommy, you know the difference between telling the truth and telling a lie, don’t you?

Thomas Mara Jr.: Gosh, everybody knows you shouldn’t tell a lie, especially in court,”

Miracle on 34th Street 1947

Simple question if you had just filed a motion before a court would you want the judge to see you argue to your opponent in a public forum that motions before a court aren’t sworn?

I’d love to see the judge’s face when he or she does.

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.

I haven’t written much on the Kimberlin wars lately but there are two posts up that are worthy of note.

Stacy has a very long and detailed post concerning Bill Schmelfeidt while it speaks for itself in Stacy’s classic style there is one part that I find significant:

The advice my editors gave me long ago was simple: “If someone calls you to complain about a story, you should be polite, but the minute they mention ‘libel’ or otherwise threaten legal action, the conversation is over. Give them the name of our lawyers and tell them not to contact the newsroom again, as this is now a legal matter.”

Now, if the person is serious and the lawyers say “correct” or “retract,” you follow their legal advice — that’s what lawyers are for — but in nearly all cases, a threat of a lawsuit is merely that, a threat

Long before the days of WordPress, Blogger or twitter Stacy McCain was a reporter who reported for a living. So when he talks about legal standards on reporting he knows what he is talking about.

I also know that 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.

In other words if there are facts out there he is going to find them. If the facts favor Mr. Schmelfeidt I suspect Stacy will find that, if not he will find that too.

I’m sure Mr. Schmelfeidt will make his argument and readers can look at the words and evidence presented and come to conclusions.

Let’s be clear, Stacy McCain is a close friend, I flatter myself that Lee Stranahan is a friend, and the list of people who are currently clashing with Mr. Schmelfeidt are all associates of mine to some degree I’m on friendly terms most of them, have met personally many of them and have no reason to mistrust any of what they say.

Now it might surprise a few people that I’ve recently had contact with Mr. Schmelfeidt. At the request of a friend I made a request concerning some work of mine used in a photoshop of a vulgar nature and after a short but cordial exchange of e-mails Bill Schmelfeidt kindly acquiesced to my request.

He had no incentive to agree to my request, my associates and friends are his foes, so in my opinion it was proper to publicly thank him.  That shocked a few people.

What does this mean in terms of the veracity of all that has been written concerning him in the past by all those people I know and trust? Absolutely nothing, it means I made a polite request of Bill Schmelfeidt and he politely agreed.   If it means anything it’s an argument for civil discourse in general and the rewards of same.  I’m a big fan of that.

Politics isn’t beanbag, a lot is at stake.  Sharp elbows are likely to be thrown and on occasion lines are crossed,  that’s to be expected.  Some of these lines are of decorum and proper behavior, some are of legality and copyright and some are of personal safety.

With the instantaneous nature of the internet it is quite easy to cross such lines in anger, and the public nature of the net makes it harder to walk back without with embarrassment or a perception of weakness.

My response to the crossing of said lines varies:

My advice to anyone who crosses lines of proprietary or decorum in such a situation is pretty much the same, walk back and avoid doing so in the future. Remember in terms of morality there is no sin that Christ will not forgive if one asks for forgiveness and repents. As for men the instructions given to Christians are rather explicit about forgiveness.

Personal or family safety lines?   I’m an American of Sicilian ancestry, my advice, walk back REALLY fast and apologize, see the Christ entry above.

As for the lines of legality, those lines are brighter and there are specific procedures and remedies for such things. If someone believes they have been injured they may follow said procedures and let the law handle it.

And that brings us to the second post I saw today. It isn’t as long or as well written as Stacy’s post but it is infinitely more newsworthy.

After a lot of old-fashioned detective work using techniques including some modern signal processing methods, a member of the Vast Hogewash Research Organization has found images of Brett Kimberlin among the stills and videos taken at and around BlogBash in March of this year. There sure are a lot of surveillance cameras in that neighborhood.

Given the threats he is supposed to have made to the venue and other possible threats from a member of Team Kimberlin to individual bloggers who attend BlogBash, the photographs showing he was present at the event will probably be of interest to law enforcement agencies investigating the matter.

The threats concerning Blog Bash (which I attended) was the subject of multiple posts at this blog.

It’s one thing to have disputes on copyright, or images or insults and take down orders. It’s another thing after implied threats to a venue involving a convicted bomber where significant people in the political world were in attendance that might involve law enforcement.

Stacy’s long post and any reply by Bill Schmelfeidt might be more interesting reading and the twitter exchanges that will follow may certainly be more entertaining for the average reader.

But if you are looking for a story that actually has the potential to eventually break into the MSM. I’d bookmark Mr. Hoge’s post for future reference.

The wheels of the law turn slowly but they turn.

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Olimometer 2.52

Last week for the first time I remember I made my paycheck EXACTLY.

That’s an interesting factoid but exact or not the fact that I made it is a cause of thanks.

But a new week and on Thursday a new month with a new mortgage begins and my quest for the $305 paycheck continues.

Care to be part of it, hit DaTipJar below

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I alluded to last week’s show which was about the Kimberlin case earlier today.

It’s slightly late but Saturday’s show with Dan Backer Will Hoge of Hogewash and Stacy McCain is now available here.

Tomorrow is December 4th the date scheduled for rules on the plethora of motions concerning Kimberlin v Walker are to be ruled on.

The Courts being what they are, it would not be a huge surprise if for whatever reason a continuance takes place to delay it, but lets work under the assumption for a moment that this is not the case.

With the election I have given a lot less attention to this story, except for noting the foolishness of tangling with Robert Stacy McCain.

But there have been several other developments worth noting.

1. Web Sites web sites where are the web sites?

You can’t have an argument on the internet if one side suddenly runs away:

Mike Stack informs us that Neal Rauhauser’s blog has disappeared, after two months of cranking out smears and conspiracy theories about the alleged evils of various enemies of Rauhauser and his client Brett Kimberlin. Meanwhile, Rauhauser’s pet Twitter troll, “Occupy Rebellion,” has switched her account to “private” setting.

It’s hard to amplify a voice that isn’t there and since there is no chance whatsoever that Rauhauser’s posts were not copied and archived by his foes I’m not sure how effective this will be in terms of hiding things from the court.

or as some have speculated it could be because of a law enforcement issue. Either way it’s not what someone who is winning the argument does.

2.  Attacking Lee Stranahan

There was a specific attack on Lee Stranahan in an attempt to gain access to his site as Patterico reports:

Lee Stranahan got this message from his web host:

Hello,

While monitoring the servers, it was brought to our attention that your domain, leestranahan.com, was undergoing a brute force attack. The purpose of the attack was meant to gain access to your wp-admin area, allowing an authorized person to have complete control of your site.

The email lists URLs of specific posts that have been attacked.

This isn’t a “bring him down” thing which is what you do to silence someone, this is a “take him over” thing.  That’s what happens when someone wants to erase or change the record.

That’s not an act of strength, it’s an act of despair, but the bottom line is while Neil’s site is gone Lee’s is still here.

  and of course there now that there is no longer an election to cover

3.  Stacy McCain on a roll:

While Stacy McCain notes the MSM is starting to discover the story, Stacy immediately recognized it as newsworthy a while back and explains why:

And, if all of that is not enough to make the story sufficiently interesting:

And we haven’t even talked about the first amendment implication of this story which are considerable as a reporter who had to move his family for their own safety can attest to.

 

So tomorrow we find out if the story ends, continues, gets weirder or some combination thereof.

If you want to keep track of the legal filings make sure you go to Hogewash who has them.  If you want to hear from one of the lawyers involved then listen to DaTechGuy on DaRadio this Saturday when I interview Dan Backer, Aaron Walker’s lawyer 10 AM EST on WCRN

But if you’ve been tied up in the election and need to catch up on the entire thing from there start, here is Stacy’s entire Kimberlin collection

If you want to catch the entire story Here are Stacy’s Links from the start

 

THE KIMBERLIN FILES:

That’s 93 stories over six months, most of them before the election that he covered extensively.  Can you imagine where this would be if this had not been an election year?

So get reading, unless you want to just focus on the Prince William Kate Middleton baby story instead

Update: Lee Stranahan forced to re-locate site thanks to free speech advocates his new/temp site Stranahan in Exile is here.