My growth as a blogger continues
apace! Today I am going to demonstrate
that I have learned to create YouTube videos using audio files and one creepy
picture of Bill Schmalfeldt and one of Neal Rauhauser. Oh joy!
So yesterday Bill Schmalfeldt
recorded a radio show. He has a radio
show where he brags of being listened to by a maximum of five hundred listeners
and that was on a big news day for his show when he got charged with a
crime. In any case, on that show he did
something he often does: he said something stupid.
Actually it was beyond
stupid. It was, in my opinion, potentially
criminal conduct. He threatened several
people, including a Deputy District Attorney of Los Angeles. Now for transparency’s sake, here’s a link
to the show, so you can listen and verify all of this yourself, because I can
imagine him claiming I have selectively and deceptively edited the audio. So listen for yourself and decide if you
think I have failed to include sufficient context. And there is a lot of interesting stuff in
the program if you happen to the whole thing.
Second, he spends a great deal of
time talking about Lee Stranahan having to prove this or having to prove
that. Which demonstrates to me that he
doesn’t have the foggiest idea how the criminal justice system works. Folks, do I have to explain this to you? Well, in case I do, this is not the case of
Lee Stranahan v. Bill Schmalfeldt. This
is The State of Maryland v. Bill
Schmalfeldt. Heck, you can even see
it on this picture posted on Breitbart Unmasked (safe
link):
The document he is holding up
says very clearly “STATE OF MARYLAND VS.” and then it is cut off. Well, the next words are almost assuredly
“BILL SCHMALFELDT.”
The vast majority of criminal
cases are like that. Sometimes it is
stylized as “State v. John Doe,” “Maryland v. John Doe,” and sometimes even “The
People v. John Doe” depending on the style of the jurisdiction involved
(leaving out federal criminal cases which are styled “United States v…” Such as
“U.S. v. Brett Kimberlin”). But in each of those cases, it is the state that is the other party and it is
the state that is required to carry its burden of proof not the victim of the
crime, which in this case is Lee Stranahan.
Now there was a time when a private party could bring a criminal action,
but I believe that has been abolished in every state in the union and in any
case that isn’t happening here. In this
case, Lee Stranahan has asked the State of Maryland to file charges and so far
they have obliged.
And what is interesting is that Schmalfeldt
boasts of having a legal team and yet he demonstrates that he doesn’t
comprehend this very basic point in the law.
Think of that what you will.
The third interesting
thing—before we get to his threats—is that he complains about having to work
that day. Right in the beginning of the
broadcast he talks about how back when he used to work for the government he
used to chuckle at the “chumps” who had to work on Presidents’ Day and therefore
having to work on that day was some kind of bad karma come back to bite
him. In fact, I think this is
significant enough that I made a clip (with his extra creepy photo which I
shamelessly ripped of McCain) so you can listen for yourself.
It is an innocuous moment, but it
reveals a great deal. He has said before
that he “works” for Breitbart Unmasked.
I mean that is his entire defense in paraphrase: “I work for this
website and its journalism therefore I am a journalist.” Of course Breitbart Unmasked is not journalism
and as
I have previously shown, Schmalfeldt is so utterly not a journalist that he
resorts to lying about doing basic journalistic due diligence. But I felt that he could be using the term
“work” colloquially. I mean I don’t get
paid for doing this blog and I don’t have any boss, but I occasionally tell
people I “work” at this blog. So, I
thought, perhaps he was not being precise in his use of the language.
But that’s not the case with that
clip. No, when complains about having to
work, he is making two things clear: 1) this is not a hobby for him, but an
actual job and 2) he is not his own boss.
I mean I suspect if I asked Lee Stranahan about his blog talk radio
show, he would say it was work (really fun work, but still “work”), but because
he is his own boss it is entirely up to him when and if he goes on. During Weinergate, I have seen Stranahan get
some new morsel of information and immediately start a radio show to talk about
it for a while. But in Schmalfeldt’s
case he must go on and do his radio
show, on President’s day even though he doesn’t want to, implying that he doesn’t
have a choice in the matter. I wonder if
he gets sick days?
But let’s get to the
threats. After reading a great deal of
my post from last Thursday, he said this:
And if you don’t want to listen,
this is what he says:
It’s all
horseshit. It’s all absolute horseshit. And I and my family have been put
through pain and suffering because Lee Stranahan has a grudge. Because
somebody, in my opinion, is paying Lee Stranahan to file these charges against
me, in the hopes that I will either break or die. I got some fucking news for you, Stranny...
Walker, Hoggy, Frey... and Frey... beware the Ides of March.
Incidentally, “Hoggy” is what he
calls John Hoge of Hogewash. And “Frey”
in this context is pronounced “Fry.”
But that last part... “and Frey...
beware the Ides of March.” was a clear threat.
After all, if you know your Shakespeare you know what that phrase refers
to: the assassination of Julius Caesar, a murder. It is most clearly a threat against Patrick
Frey, but it can also be seen as a threat against myself, Hoge and Stranahan as
well.
Now you can listen to today’s
show here
where he walks it back, some. He tries
to claim that it couldn’t possibly be a threat because he is so utterly
helpless due to his Parkinson’s. But
when a man associated with a convicted terrorist—a man known to cause the death
of others by leaving bombs in innocuous-looking objects—makes a threat like
that, one has to take it seriously.
Besides, he can’t even drive a car?
He couldn’t drive to where I live, draw out a gun and shoot me from his
car?
And in an additional irony, today’s
podcast proves his connection to Rauhauser.
In this clip he briefly interviews Rauhauser as follows:
Now there are two things you can
glean from that interview. The first is
that Rauhauser doesn’t plan to show up for this hearing—hardly surprising,
given that he is currently a fugitive from justice regarding warrants issued in
New Jersey in Mike Stack’s cases. The second
is that two times Schmalfeldt indicates that he is Rauhauser’s friend, calling
him, “bud” and “buddy.” This proves what
we have believed to be the case for some time, that there is a nexus between
Kimberlin and Schmalfeldt. After all,
Kimberlin has admitted in open court that Rauhauser is his associate. And now Schmalfeldt has demonstrated his
association with Rauhauser.
And I am willing to bet that his
relationship with Kimberlin is even closer than that.
Also for bonus points, don’t you
love Neal’s expert reportage when he declares that a friend of his told him
that I had supposedly totally owned up being behind all the charges. Yes, once again, we are back to the
conspiracy theory that I, your humble writer, somehow command the entire
internet. Except I have said nothing of
the sort and indeed I am not “behind” any of it. As far as I know, both Lee Stranahan and now
John Hoge have filed charges of their own volition and of their own
motivations.
This was, by far, not the only
menacing thing he has said. For instance
consider what Schmalfeldt another day:
When a man associated with a
terrorist talks about rolling out a bomb, that is at the very least menacing. When he says, “you won’t know when, you don’t
know where, you won’t know how, but you will know why” that is equally threatening
language.
And consider this as well:
He says: “I don’t make
threats. I make promises.”
Of course the greater context was
where he falsely denied once threatening to sue me. Dear reader, here is the email he wrote:
Decide for yourself whether he
threatened to sue me or not.
So he has repeatedly been
menacing in his language, and this time he crossed the line into an actual
threat. Threats are considered a form of
harassment under Maryland law if they meet the other elements of the statute
and they are otherwise illegal in most other states. In fact, this might even be seen as Obstruction
of Justice in Maryland, which prohibits the following (in Md. Crim. Code §9-302):
(a) Prohibited. -- A
person may not harm another, threaten to harm another, or damage or destroy
property with the intent to:
(1) influence a
victim or witness to testify falsely or withhold testimony; or
(2) induce a victim
or witness:
(i) to avoid the
service of a subpoena or summons to testify;
(ii) to be absent
from an official proceeding to which the victim or witness has been subpoenaed
or summoned; or
(iii) not to report
the existence of facts relating to a crime or delinquent act.
Oh, and for bonus points, the penalty
for such an act is up to five years in prison.
Is anyone keeping track of how many years Schmalfeldt is risking in
prison?
But I admit I enjoy particularly
what he could face under California law.
First, there is a general statute
addressing threats. You can read a copy
of that statute, here. And then you have their harassment statute,
which you can read here. The interesting part of that is that the
statute specifically requires a threat to be made, but we have that here! And finally, it is potentially another crime:
threatening a public official. You can
read the section of the California penal code addressing that, here.
In addition there are laws in
Virginia that this conduct violates and it is likely to violate the law in Texas,
where Lee Stranahan lives, too. So after
being charged with crimes in Howard county where he lives, and about thirty
miles away in Caroll County, Maryland with Mr. Hoge’s latest charges, apparently
Schmalfeldt wishes to be prosecuted in Virginia, Texas and even California,
too. Indeed, I haven’t even touched on
the Federal Laws that prohibit the interstate transmission of threats. I wonder if his employer—the one who requires
him to work on Presidents’ Day—will pay his travel expenses? Will they be funding his legal defense?
Indeed who is the lawyer that
Bill Schmalfeldt claimed went all the way to Westminster, Maryland to find out
what the new charges against him were? A
lawyer who suddenly flew off to do that, but didn’t tell Schmalfeldt to quit talking about the case!
Inquiring minds and all that.
And indeed in the course of today’s
broadcast, he not only gave all of this wonderful evidence against himself, he
also attacked both Lee Stranahan’s wife and children. Yes, really.
He ran a comedy skit starring a thinly-disguised parody character named “Lee
Strammyham.” And you really have to hear
it to believe it:
And as bad as that, the next ad
suggests that his children would be prostituted out when they were of age, and
a few years early if you paid an extra fee.
Yes, really:
Of course Schmalfeldt declares
that that the names sound totally different, or that character is not based on
any real person, but who exactly does he think he is fooling?
It wouldn’t surprise me if the
charges Lee has filed in Maryland are amended to include additional counts,
committed since last Tuesday when the charges were filed.
Just how many years in prison
does Schmalfeldt wish to risk? How many
jurisdictions does he wish to commit crimes in?
Well, I guess only time will
tell.
Finally, I would like to return
to that clip involving the death threat.
Let’s listen to it again:
And here is what he says:
It’s all
horseshit. It’s all absolute horseshit. And I and my family have been put
through pain and suffering because Lee Stranahan has a grudge. Because
somebody, in my opinion, is paying Lee Stranahan to file these charges against
me, in the hopes that I will either break or die. I got some fucking news for you, Stranny...
Walker, Hoggy, Frey... and Frey... beware the Ides of March.
Now this time I want to highlight
something else he does. First, he says that
this was all because Lee Stranahan has a grudge. Then suddenly he changes gears and goes back
to his conspiracy theory that someone is paying him off.
I think for just one moment, he
accidentally let the truth of it kinda, sorta slip out. I mean “have a grudge” is a unfairly negative
way to put it, but don’t you think it is reasonable to believe Stranahan is
actually angry about how this man is treating him and his wife and children? I mean you just heard Schmalfeldt describe
his wife as a used up whore and talked about his children being used as
prostitutes. What is motivating
Stranahan? Occam’s Razor would say it is
because of Schmalfeldt’s creepy and indeed harassing conduct. The term “grudge” doesn’t quite admit that
this is all Schmalfeldt’s fault that he is being charged with these crimes, that
the reason why he is being charged with a crime is because he has been harassing
Lee Stranahan (and others), but it is very close to doing so, isn’t it? Which is why he quickly shifted back to the
theory that Lee is being paid. Because
his audience, all twelve of them, might be left to wonder what did this man do to so anger him? And they might even start to find information
like this
and realize that Stranahan’s anger is entirely justified. He is right to go to the courts and ask that
Mr. Schmalfeldt be put in prison. His
conduct is truly beyond the pale.
---------------------------------------
Disclaimer:
I have accused some people,
particularly Brett Kimberlin, of
reprehensible conduct. In some cases, the conduct is even
criminal. In all cases, the only justice I want is through the
appropriate legal process—such as the criminal justice system. I do not want to see vigilante violence
against any person or any threat of such violence. This kind of conduct is not only morally
wrong, but it is counter-productive.
In the particular case of Brett
Kimberlin, I do not want you to even contact him. Do not call him. Do not write him a letter. Do not write him an email. Do not text-message him. Do not engage in any kind of directed
communication. I say this in part
because under Maryland law, that can quickly become harassment and I don’t want
that to happen to him.
And for that matter, don’t go on
his property. Don’t sneak around and try
to photograph him. Frankly try not to
even be within his field of vision. Your
behavior could quickly cross the line into harassment in that way too (not to
mention trespass and other concerns).
And do not contact his
organizations, either. And most of all, leave his family alone.
The only exception to all that is
that if you are reporting on this, there is of course nothing wrong with
contacting him for things like his official response to any stories you might
report. And even then if he tells you to
stop contacting him, obey that request. That
this is a key element in making out a harassment claim under Maryland law—that
a person asks you to stop and you refuse.
And let me say something
else. In my heart of hearts, I don’t
believe that any person supporting me has done any of the above. But if any of you have, stop it, and if you
haven’t don’t start.
Dear Bill,
ReplyDeleteYou are a legend in your own mind. No matter how much your ego yearns for you to be the center of this story you are a bit player. You are also a fool.
You, apperently, stated you had a lawyer who went to the courthouse where you were summoned. I suggest you ask yourself who's best interests this lawyer is pursuing. I'll give you a hint: it isn't you. A competent lawyer would have told you not to say something as stupid as admitting you intentionally sent Lee Strayhan twitter messages after you were told to stop. You might hide behind the pretext that it was the honorable thing to do, but, the law doesn't see it that way. It only notes that your actions were willful. Nor, would a lawyer condone the insolence and defiance in your threatening to go thermo-nuclear. That's practically begging for a peace order. The fact is that you were given a lawful order by Lee Strayham to stop sending him messages which you ignored. Because of that fact, you now face criminal charges. The reality is that those criminal charges have commanded your attention. As a result, you are currently meekly obeying Lee Strayhan's order, and will probably continue to do so. For all you talk and bluster about loading the Enola Gay you simply don't have the testicular fortitude to type an "@" in front of Lee Strayhan's name on a twitter post. Your lawyer is going to have to very hard time explaining to a judge that these are really the underlying facts given your rant. There are reasons why competent counsel almost always tells a client to shut up in cases like this. Let your pride come before your fall.
I see Neal spoke to you long enough to play the "conflict cupid" between you and Aaron Walker. I see you were too stupid to see through it. People who manipulate others like that have contempt for those they manipulate. Neal has contempt for you Bill. You are too stupid to see that either.
I, also, see Neal spoke long enough to play the "conflict cupid," but, no so long as to have his position traced. Neal is in hiding. He isn't dumb enough to go to court. If you go to trial, he won't go to court. If you don't, he'll know it is safe to show up for his court hearing. Bill, you are the canary in his coal mine. That is because you are stupid.
Bill, on a personal note, I find it the height of irony for you call some women, "a bit long on the tooth." You aren't exactly Playgirl material yourself. I don't think there are many women who would pay $15 dollars to have naked photos of you for masturbation. In fact, I don't think there are many women who you could pay to masturbate to photos of your naked body. If the wife ever leaves you, at least there is phone sex.
You know, the other cool thing about the California Penal Code Section 422 that you site is this: it's a Felony, with no lesser charge to plead to.
ReplyDeleteOh, and this year's bail schedule shows PC422 as $50,000.