Update: Late tonight (6/18/13), I learned that serial
copyright violator Bill Schmalfeldt intended to claim copyright on a Scribd
document I have linked to in this post and another document I used in another
post. Of course he knows the claim is
bogus. I have uploaded .pdf copies of
the posts in order to facilitate my telling of the news of what he said to my
readers and to criticize what he wrote, without forcing them to risk viruses
and other malware, given his association with the criminal hacker Neal
Rauhauser. This is all covered under
fair use. Further, we also know that
Bill will not actually sue to take them down as the statute requires. He might threaten, but all of his threats are
empty. He once said “I don’t make
threats, I make promises.” Maybe so, but
those promises have been repeatedly broken.
He just wants to get a few days of taking them down for annoyance sake.
So I have segregated those
documents to a separate Scribd account, in case he tries to gulag that
account. So if you want to see what he
desperately doesn’t want you to see, go to this account. I have also appropriately updated the link in
the post.
This is a busy week in my
personal life, but soon we will discuss further how Bill Schmalfeldt repeatedly
violates the copyrights of others.
Apparently it is “copyright for me but not for thee” when it comes to
him. And indeed he interprets his own copyrights
in such a manner that would infringe on freedom of the press—a right he pretends
to care about.
We now resume the original post
as is.
---------------------------------------
This is really just an update of
the ragefest that has spewed from Schmalfeldt since his defeat this past Friday. As you saw in the last
installment, he threatened both myself and Hoge with retaliatory peace
orders, and then when I pointed out how badly this would go for him—and how his
legal threat to Hoge was ironically a violation of that peace order, which
might net him over five years in prison and over $13,000 in fines—he bravely ran
away.
Indeed, he originally decided to
go silent:
Tomorrow being Monday, this whole thing moves into a whole new arena. So, until then, I will be silent.
— Bill Schmalfeldt (@BillSchmalfeldt) June 16, 2013
A note to my friends and followers. You can reach me at elderwilliam at comcast dot net for the time being. I am taking this account offline
— Bill Schmalfeldt (@BillSchmalfeldt) June 16, 2013
So, for now, this account will go dormant. Once we get some serious people on our side, I'll bring it back up. Thank you for your friendship
— Bill Schmalfeldt (@BillSchmalfeldt) June 16, 2013
I will explain the reason he is
giving for doing this in a moment, but that silence lasted for about three
hours. Then McCain
wrote a new article about him and the rage came back.
WHAT THE FUCK AM I HIDING FROM??? AN OLD USELESS MAN IN WESTMINSTER. MARYLAND? A CRAZED ALCOHOLIC IN HAGERSTOWN? WHAT'S MY FUCKING PROBLEM?
— Bill Schmalfeldt (@BillSchmalfeldt) June 16, 2013
LOOK AT THIS, and tell me THIS is OK, but using an "@" in front of someone's name is harassment. pic.twitter.com/RkI1i9q9fi
— Bill Schmalfeldt (@BillSchmalfeldt) June 16, 2013
In answer to his question: yes, it is okay, because he is
writing about Schmalfeldt and not
writing to Schmalfeldt. Indeed Schmalfeldt declared that McCain's article was harassment...
Who's being harassed by people? I am. And I am fucking done with it.
— Bill Schmalfeldt (@BillSchmalfeldt) June 16, 2013
...which regular readers know is
depressingly typical. They harass us and
then when called on it, they claim that pointing out their egregious conduct is
itself harassment. Accuse the accusers falsely
of doing what you are actually doing. It's straight from the Kimberlin playbook.
So he went on raging about
McCain. And as is often the case, at one
point Schmalfeldt crossed a line:
This is strictly a rhetorical question, but if you were a wrestler, which neck would you think easier to break? pic.twitter.com/NR4z6J1PVH
— Bill Schmalfeldt (@BillSchmalfeldt) June 16, 2013
That photo on the right is an old
photoshop made of McCain, pasting his head crudely on another person’s body, as
part of their effort to paint him as an alcoholic. That’s how it is with these guys. If you are their opponent and you are ever
seen with a beer in your hand, you are an alcoholic. I have known McCain for well over a year now
and I have seen not the slightest bit of evidence that McCain has any trouble
with alcohol addiction. Indeed, he didn’t
seem to be a particularly heavy drinker.
But the more significant part of
that comment is him musing about how difficult it would be for someone to break
his neck. That, my friends, is a
threat. Of course Schmalfeldt will say
legally it doesn’t count (he was just asking rhetorically!), but
he has been proven wrong about this sort of thing before. This is typical for him. He imagines how easy it would be to anally
rape Lee Stranahan, or sending rapists to his wife and giving out his home
address, and then when called on it claims it wasn’t technically a threat. This
is why I occasionally call him a thug, because he revels in threats—threats of
lawsuits and threats of violence.
Meanwhile for sheer delicious schadenfreude,
it is hard to beat his latest post at his site.
No, I won’t link to it (there is always a danger of viruses and the like from Rauhauser's associates), but you can read a scribd copy of the post, here.
He starts by ripping the rug out
from under any threats in the future of seeking a peace order against us:
Remember. I am free
to WRITE about William John Joseph Hoge. That is my first amendment right. I am
not free to contact William John Joseph Hoge.
Amazing! For once he gets it. You can speak freely to a general
audience. You just can’t contact that
other person under Maryland law if that person asks you to stop. And then he goes on talking about how horribly oppressed he is:
That being said, I
might be excused for feeling like a pork chop set in front of William John
Joseph Hoge’s enormous son. I am being eyeballed and salivated over.
See, I’m sorta left with the feeling that William
John Joseph Hoge will not wait for me to actually violate the peace order he
had taken out against me[.]
Yes, dear reader, he goes on to
claim that I and/or John Hoge are plotting to manufacture a violation of the
peace order. He is even running this
banner at the top of his site (enlarge in a new window for the fullest effect):
In short he is accusing us of
planning to do... exactly what Brett Kimberlin in fact did do, twice, first to
Seth Allen and then to myself. Here’s
how Patterico previously described
the arrest of myself and Mr. Allen:
Kimberlin has used
this tactic before. Last year, in a lawsuit against Seth Allen, he had Seth
Allen arrested for harassment when Allen showed up to a mandatory hearing in
the civil suit.
Now, in that case,
the criminal complaint was arguably quite justified, as Allen had mused about
killing Kimberlin in an email which was duly and promptly reported to police.
If someone made a statement like that about me, I’d go to the authorities too.
But in the process,
Kimberlin learned a technique that he later used against Walker: namely, having
your critics arrested in civil court.
Namely, this serial
litigant forces his critics into his jurisdiction with a frivolous civil
action. If Kimberlin’s critics complain that the action is frivolous, he calls
that criticism “harassment,” and through a process of seeking frivolous peace
orders and/or filing frivolous criminal complaints, obtains an arrest warrant
for the critic. When the critic shows up to court as required, he or she is
arrested on the trumped-up charges.
Success! The story
becomes about the critic’s arrest. The critics look worse because authorities
seem to take Kimberlin’s side; and he gets the satisfaction of putting his
critics behind bars, even if for a short time.
Alternatively,
Kimberlin and his supporters can use the threat of arrest to try to frighten
civil litigants into staying out of court. After Allen’s arrest last year, he
was very afraid to go back to court, because Kimberlin continually alleged that
Allen’s blogging violated a peace order. Kimberlin supporters flooded Twitter
with messages declaring Allen was going to be arrested at the next hearing for
blogging. Allen almost decided never to go back to court.
It’s a Catch 22 for
people who want to blog about public figures. You either go to court and risk
arrest on a bogus criminal charge, or stay away and risk default on a bogus
civil claim.
The combination of
frivolous civil and criminal actions is a creative abuse of process and it’s
bound to be repeated — until judges start noticing that Kimberlin repeatedly
makes false statements in the course of filing flurries of court actions
against his critics.
In my case, Kimberlin had to
literally lie in order to get an arrest warrant against me. He falsely claimed I had written an actual
threat to him, a claim that at trial he couldn’t offer the slightest degree of
evidence to substantiate that very day.
But it didn’t stop Montgommery authorities from arresting me and thus
becoming the cat’s paw to Kimberlin’s attempt to suppress my freedom of speech. So he fears that we will do on to him what
Kimberlin did to me (and to a lesser extent, Seth Allen).
Which raises an interesting
point. As McCain documented here,
Bill Schmalfeldt began writing to me on June 3, 2012. On May 29, 2012, I had been ordered (unconstitutionally) to refrain from speaking about Brett Kimberlin for six months. I remember the conversation. At this point in time, I had no idea who he
was and so I gave him the benefit of the doubt that he was really asking me
questions because he really wanted to know.
Later it became clear that Schmalfeldt was not an honest broker as I showed
here,
but at that point in time, I was giving him the benefit of the doubt and
attempting to answer him without actually violating Judge Vaughey’s unconstitutional peace order saying it was unlawful to talk about Brett
Kimberlin to third parties.
Now, knowing that I could have
been arrested again and possibly imprisoned for talking about
Brett Kimberlin to others, and knowing what you know now about Schmalfeldt, look
at the questions he asked:
@AaronWorthing I
know next to nothing about this case. What did Kimberlin say you allegedly
said/tweeted/google that proved threating?
@AaronWorthing
Forgive me for asking, but I have some strong views about the First Amendment
and I’m researching this story for my blog.
@AaronWorthing Well,
certainl-y a new Twitter chum can recommend to another new Twitter chum a
website he might find interesting, say wot?
Looking back, doesn’t it seem
obvious that he wrote those tweets to me hoping to get me to talk about Brett Kimberlin and thus violate
the (unconstitutional) peace order? We know
for a fact he wasn’t actually interested in my side of the story, because he
not only didn’t read the blog post that outlined how Kimberlin had tried to
frame me for a crime, he
actually lied about having done so.
So given that he has proven
that he was not actually interested in my side of the story, what other reason
would he have had for sending those tweets to me?
No, I think it was obvious he was
trying to set a trap to cause me to violate the Peace Order. Which means he has been Kimberlin’s
co-conspirator since that date, at the latest.
So if he is afraid we are setting
him up for an unjust arrest (it was the official reason he gave for shut up entirely), it seems to be his own guilty conscience talking. And it speaks loud indeed, toward the end of
the post:
These fair minded,
First Amendment loving, freedom cherishing Republicans, God love them! Who needs a REASON to put someone in jail
when you can JUST MAKE SHIT UP!
THEY have deemed
that an “@mention” is a direct contact.
To break in for a moment, actually a court in Caroll County
determined this, at Mr. Hoge’s urging. We now resume his rant:
Therefore, it IS a
direct contact. THEY have determined that Twitter Itself does not know what it
is talking about when it says the best way to silence harassing contact (should
such contact, in fact, be harassing and not just dishing back what was dished)
is to block, or “block and report.”
To interrupt his rant again, Twitter can suggest whatever it
wants, but it is dishonest when a guy with so many twitter handles claims that
we can just block him. We would be
playing an endless game of whack-a-troll with each new identity.
Back to the rant:
Back to the rant:
Twitter suggests
going to the cops if violence is threatened, but we’ve covered that with the
make-believe “Ides of March” threat and the I Used A Brazillian Guy’s Computer
gambit.
Anybody who believes
that HeWhoMustNotBeNamed will NOT be egged on by Aaron Worthless and whoever’s
paying HIS electric bills these days into INVENTING a reason to have me
arrested is dreaming.
Anyway, he declares at the end
that
My only hope is to
get some legal help from someone who is actually emotionally invested in
freedom of speech. No offense, Tae. But you seemed to think you were just gonna
walk in and win this one, while The Bearded Bloviator’s lawyer mopped the floor
with you.
That’s funny because I seem to
remember his attorney, Tae Kim, saying to him that if he kept this behavior uphe was going to go to jail, which suggests that he did not believe that
Schmalfeldt would beat these charges.
Mr. Kim did a great job, considering his client was guilty as sin. Any competent lawyer can save an innocent
man, but it takes considerable skill to save a guilty one which he had done up until now.
And it is that guilt that is gnawing
at Schmalfeldt tonight, making him deathly afraid that we will do to him what Kimberlin
did to me, or what Schmalfeldt himself tried to do.
Well, he can rest assured. I know Mr. Hoge to be a man of integrity. He will not charge Schmalfeldt with a crime
unless he honestly believes he committed it.
And I would never suggest he do otherwise.
Meanwhile, I checked up on the
harassment laws in the state in which I suspect Mr. McCain lives. It’s not Maryland, contrary to Schmalfeldt’s
suggestion. Under that state’s laws, harassment
can include mere contact after one has asked that person to stop or it can be...
a threat, whether you have asked the sender to stop or not. So will McCain file criminal harassment
charges against Schmalfeldt after that threat?
Only time will tell.
Update: I made a series of corrections from the original, to make the writing better and clearer.
Update: I made a series of corrections from the original, to make the writing better and clearer.
---------------------------------------
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.
---------------------------------------
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.
The guy keeps claiming victim status and alleges that you and others have painted him as some kind of monster. Honestly, all one has to do is read his tweets, listen to his show, and read his blog, and he does that all on his own through his constant fixation with violent imagery, poop, and anal sex. It is just creepy.
ReplyDelete"and then when I pointed out how badly this would go for him—and how his legal threat to Hoge was ironically a violation of that peace order, which might net him over five years in prison and over $13,000 in fines—he bravely ran away."
ReplyDeleteTruth be told, it was more of a waddle... right?
C. Haiku