The Brett Kimberlin Saga:

Follow this link to my BLOCKBUSTER STORY of how Brett Kimberlin, a convicted terrorist and perjurer, attempted to frame me for a crime, and then got me arrested for blogging when I exposed that misconduct to the world. That sounds like an incredible claim, but I provide primary documents and video evidence proving that he did this. And if you are moved by this story to provide a little help to myself and other victims of Mr. Kimberlin’s intimidation, such as Robert Stacy McCain, you can donate at the PayPal buttons on the right. And I thank everyone who has done so, and will do so.

Monday, March 25, 2013

Overheard at the Hearing Today

This is the latest post in what I half-jokingly call The Kimberlin Saga®.  If you are new to the story, that’s okay! Not everyone reads my blog.  The short version is that Kimberlin has been harassing me for over a year, his worst conduct being when he attempted to frame me for a crime.  I recognize that this might sound like an incredible claim, but I provide video and documentary evidence of that fact; in other words, you don’t have to believe my word.  You only have to believe your eyes.  So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

So as alluded to in my last post (where I give important news related to the SWATting), there was a fresh peace order hearing between Schmalfeldt and Mr. Hoge today, Hoge claiming that since the last peace order, Schmalfeldt had further violated the harassment and electronic harassment statutes.  As you might recall, it is not harassment in Maryland until you ask that person to stop.  Bill Schmalfeldt lied about whether or not he saw the notice to stop, and Hoge just didn’t have the proof with him that Schmalfeldt received that notice.

But the hearing ended with Judge Rasinsky giving this warning to Mr. Schmalfeldt:

The warning I want to give you is very specific, and it’s not an unusual warning for me to give. The battle line is drawn. He doesn’t want to hear from you, and that means no specific things addressed to him.

This is why his attorney, Mr. Kim, was heard afterward telling Schmalfeldt in the hallway that if he doesn’t stop he will go to jail.  And even if Mr. Hoge hadn’t told him to stop before then, or Schmalfeldt really hadn’t seen it, well as of that day, Schmalfeldt was on notice to stop.

But Schmalfeldt didn’t stop.  Indeed just last night Schmalfeldt tweeted twice to Mr. Hoge, not to mention various other threats and so on.  And accordingly, Mr. Hoge filed for more criminal charges, and for another peace order.

The judge’s decision, ultimately came down to this.  Allow me to take a moment to explain.  First, this is what the general harassment statute prohibits:

(a) Prohibited. -- A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:

(1) with the intent to harass, alarm, or annoy the other;

(2) after receiving a reasonable warning or request to stop by or on behalf of the other; and

(3) without a legal purpose.

(b) Exception. -- This section does not apply to a peaceable activity intended to express a political view or provide information to others.

And this is the electronic harassment statute (in relevant part):

(a) "Electronic communication" defined. -- In this section, "electronic communication" means the transmission of information, data, or a communication by the use of a computer or any other electronic means that is sent to a person and that is received by the person.

(b) Prohibited. -- A person may not maliciously engage in a course of conduct, through the use of electronic communication, that alarms or seriously annoys another:

(1) with the intent to harass, alarm, or annoy the other;

(2) after receiving a reasonable warning or request to stop by or on behalf of the other; and

(3) without a legal purpose....

(d) Exception. -- This section does not apply to a peaceable activity intended to express a political view or provide information to others.

Now there is some refinements.  There is a definition of “electronic communication” there and a section I left out exempting various court-ordered actions, but the key thing to get is that the electronic harassment statute is really a lesser included category of stuff covered by the general harassment statute and of course that subset of harassment is punished more severely.  That is how I interpret it and how numerous attorneys within the state interpreted it.

Today, Judge Ellinghouse-Jones, however, had a very different interpretation.  She interpreted the electronic harassment statute as carving out a separate offense.  So implicit in her reading of the general harassment statute is that it can’t qualify as electronic harassment, too.

And then in turn she noted the peace order statute only allows for peace orders for general harassment and not electronic harassment.  Which is ridiculous.

For instance, if I wrote the following in three letters this would be harassment (assuming I was told to stop beforehand):

“Dear John Doe,

“I am going to kill you.”


A genuine threat is harassing and with several repetitions, it becomes a course of conduct, and thus harassment.

On the other hand, according to her, if I sent the very same message by email it is not general harassment.  Not because the content of the message changed, but because the method of delivery changed.  As if that would make a damn difference to the recipient.

Even more absurdly, if I tweeted out the following from my twitter account three times this would be general harassment:

“Tonight I am going to kill John Doe.”

But on the other hand, if I instead tweeted the following...

“Tonight I am going to kill @John Doe”

...that would not be general harassment but only electronic harassment, because that one is addressed specifically to this “John Doe” character and not to the world at large.

So according to her, a mailed threat can support a peace order, but an emailed one cannot.  According to her, a tweeted threat to the world at large can support a peace order, but a tweeted threat to the target of that threat cannot.  It is absurd.

So respectfully, I think that ruling is bunk.  It is also worth noting that the judge thought the whole situation was “ridiculous” so even if she didn’t get the law wrong, she might have still found against Hoge.

So that was the ruling and it was frustrating, but it gives Hoge fertile ground for appeal.  He’s already appealed the first ruling.

And there are a few other interesting notes from the trial.  First, of course Kimberlin was there.  He showed up looking much more put together and indeed might have been wearing a suit under his leather jacket.  I suspect my reports of him looking like a disheveled homeless man got back to him and had gotten under his skin.

But this time Hoge pointed out to me that it was obvious that this was aging him.  He looked much older in terms of the lines on his face, and he also looked thinner.  It made us suspect that he was even ill.  But that is of course speculation.

Another note is that during the hearing Mr. Kim argued that Hoge wasn’t a journalist because he insulted Schmalfeldt in his reporting.  Hoge has taken to using piracy terms to describe all of Team Kimberlin.  So borrowing from The Princess Bride, he calls Kimberlin the “Dread Pirate Kimberlin.”  Neal Rauhauser is the “First Mate,” if memory serves.  And Schmalfeldt is the cabin boy.  It’s all part of Hoge being a classic “happy warrior.”

The interesting thing is that if insults means Hoge is not a journalist, then Schmalfeldt really isn’t one.  For instance, once Schmalfeldt wrote that Hoge was being paid to file these charges against him (he is not), and that it allowed him to buy something to comb out the “poop flakes” from his beard.  And Kim actually did specifically say his client was as bad as Hoge was on this count.  I would argue he is worse.

So you have it straight from Schmalfeldt’s own lawyer: he is not a journalist.

Another thing to note is that, intentionally or not, Mr. Kim misrepresented what happened in Schmalfeldt’s case friday.  First he accused Mr. Hoge, Mr. Stranahan and myself of forum shopping.  I and Lee are out of state residents who filed our charges where Schmalfeldt lives.  By comparison, Hoge filed his charges where he lives.  I don’t see how that adds up to forum shopping.

But more despicably, he falsely claimed that Hoge had filed charges in Howard Country, too.  He didn’t.  Did Kim just get confused?  Or was this a deliberate attempt to deceive the court?  I don’t know, but there you go.

Next up, dear friends, we have the peace order hearing on Friday between John Hoge and Brett Kimberlin.  And dear reader, that might be some real fun.


My wife and I have lost our jobs due to the harassment of convicted terrorist Brett Kimberlin, including an attempt to get us killed and to frame me for a crime carrying a sentence of up to ten years.  I know that claim sounds fantastic, but if you read starting here, you will see absolute proof of these claims using documentary and video evidence.  If you would like to help in the fight to hold Mr. Kimberlin accountable, please hit the Blogger’s Defense Team button on the right.  And thank you.

Follow me at Twitter @aaronworthing, mostly for snark and site updates.  And you can purchase my book (or borrow it for free if you have Amazon Prime), Archangel: A Novel of Alternate, Recent History here.  And you can read a little more about my novel, here.



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.

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