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

On Day one of CPAC while working in the Hotel Lobby I met Yvonne from Chicago who gave me a long interview.

Her story which took her from considering “Never Trump” to being an Illinois coordinator for the Trump campaign is not only interesting but to this writing is the greatest swing of any of the people I’ve interviewed as of this writing (5:30 AM Tuesday).

By an odd coincidence I ran into Wjj Hodge just after the interview, he had already registered and suggested lunch and invited Yvonne to join us, as media registration had begun I asked if William would wait a moment while I check in & Yvonne left to do the same. Her line was long & at the suggestion of the CPAC volunteers she decided to wait in it in case we came back to a longer one. The media line was very long (although not as long as hers) so I headed back to William and that’s where I met Michael from Chicago whose wife and run for congress and while like Yvonne was a Cruz supporter in the primaries had a much easier transition to Donald Trump.

He joined us for lunch instead and by the time it was over he became, in addition to an occasional contributor for the American Thinker the latest member of DaTechGuy’s ever growing Magnificent Seven. I’m thinking alternate Monday’s to Michigan Mick.

DaTechGuy at CPAC 2017 (all videos not blogged about yet here)


Voices of CPAC 2017 Joe on Life behind the Berlin Wall


Voices at CPAC 2017 Liz a Cook County Republican (and Kasich delegate)
CPAC 2017 First Interviews Theresa an Attendee and Rob Eno of Conservative Review

Some Quick pre-cpac video and thoughts

2016 Fabulous 50 Blog Awards

If you like the work I have done at CPAC and wish to support it (along with paying for the ER & Surgery bills for DaWife’s illness that our insurance doesn’t anymore (thanks Democrats and Obamacare!) please consider hitting DaTipJar

Olimometer 2.52

Please consider Subscribing. You can be listed as a Friend of DaTechguy blog for as little as $2 a week. If only 130 of the 209K+ unique visitors who came in 2016 .07% subscribed at the same levels as our current subscription base we would make our current annual goal with ease. If we could boost that number to 260 I could afford to cover major events in person all over the country.

Remember all subscribers get my weekly podcast emailed directly to you before it goes up anywhere else.

Choose a Subscription level

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.


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


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.