Adjudicated Harasser Bill Schmalfeldt's "Respect For Human Life"

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 convicted terrorist Brett Kimberlin has been harassing me for over three years, 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.  Indeed, he sued me for saying this and lost on the issue of truth.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave him, and for that, he sued myself, John Hoge, Robert Stacy McCain and Ali Akbar for helping his wife and he is suing Hoge, McCain, Akbar, DB Capital Strategies, Michelle Malkin, Glenn Beck, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  others alleging that we are all in organized crime for reporting factually about the spate of SWATtings committed against myself, Frey and Erickson.  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 this morning I wake up to find this idiocy in my email inbox:

To: Aaron Worthing

From: LordofSatire

Date: Sun, May 31, 2015 at 9:15 AM

Subject: Might I ask a favor?

My wife is on her way to the hospital in an ambulance right now. Might you pass the word among your friends that a moratorium might be called for out of respect for human life? They can pick up where they left off when she dies.

Thank you.

Bill Schmalfeldt

Yes, the chutzpah of him.  First, I had warned him repeatedly that any contact was harassment and Judge Jones told him to really, really stop it.  But he can’t help himself.  So I wrote this in response, with the curse words censored out:

Bill,

You have some f--king nerve, asking for human compassion from me.

I have been nothing but honorable toward everyone, especially your family and Brett’s.  And you have never treated us the same.  Attacking wives are off limits?  Yes, they are, but when the f--k have you ever honored that principle?  You participated in the stalking of my wife.  You have made racist comments about her.  You tried to put Mrs. Stranahan in fear that she would be raped.  You attacked her for suffering the mindf--k of gaining one child and losing another in the same day.  And we all know you are responsible for the vile comments directed at John’s wife.  And you publicly insinuated that John broke her back when he first mentioned her situation.  When in your years of dealing with me and my friends have you ever said, “sure, I disagree with him, but that is over the line?”  Never.  In three years of dealing with you I have seen you be inhuman toward me, my family, my friends and their families.  What would you be doing if the shoe was on the other foot?  You would be making fun of me, or accusing me of causing my wife’s difficulty.  Just like you are now, with John.

You will claim again you are a Christian, but when have you followed the maxim “do onto others as you would have done to yourself”?  You are literally asking me to show a decency toward you that you have never extended to me or my friends.

Unlike you, I am a good Christian.  I have never done you wrong, and I tried to keep the families of the people criminally tormenting me from being harmed.  But not because you asked, or because I feel one ounce of compassion toward you.  And certainly not because I think you would do the same, because I would be lying to both of us if I said you would.  I do it because I am a better person than you.  As they said in the movie Rob Roy, “honor is a man’s gift to himself.”  After years of your vile behavior toward me, I have never sunk to your level.  I have my honor, but you can’t say the same.

As for anyone else, I don’t control them.  I know that you rationalize your evil by pretending we act like you, but we don’t coordinate.  They are free agents and I don’t know or care what they do or say next.  But here’s some free advice.  If you don’t like what people say about you online, stop obsessively seeking it out.  Stop reading John’s website, and certainly stop obsessing over every f--king comment.  You know, like Judge Jones told you to.  But you never listen to good advice, do you?

Oh, and if you don’t like what I am saying now, maybe you shouldn’t have written such a f--king hypocritical request.  Maybe you should have started with a f--king apology for how you have treated us, first.  Maybe you should have written “I am sorry for making racist comments about your wife, participating in her stalking, trying to put Mrs. Stranahan in fear of being raped and attacking her for losing a child.  I know I don’t deserve this, but…?”  But contrition would first require you to have enough self-awareness to realize what an evil person you have become.

And on the off chance you suddenly gain some self-awareness and decide to repent your past sins, this is how you do it: confess.  Go to my lawyer (Ostronic), and confess to everything you know about Brett Kimberlin’s conduct over the last few years.  Turn over all the emails, all the communications.  I promise, I will ask for leniency from the prosecutors.  Confession is good for the soul, as they say.

Finally, I have told you over and over again not to contact me again.  I will not warn you again, because you already know you aren’t supposed to.  You have already been warned and you know this electronic harassment in violation of Maryland law.  You think you can get away with this, because you are asking for something nice, even after Judge Jones gave you your sole freebie.  I will simply say that I am going to watch John’s appeal in Howard County eagerly, and if he gets a peace order, I will seek one, too for this email and any further responses.  And then when you break it (and you know you will), we’ll see what Virginia authorities think of you violating it.

And do not take my chewing you out for your rank hypocrisy as an invitation to write back.  You write back, this will be exhibit B if I seek that peace order.  Exhibit A is the first email you wrote.

Aaron

Now he is whining that this is extortion (safe link).  Only an idiot would think that this is extortion.  First, a request for a person to repent is not extortion.  You see, extortion has to be a “do this or else” proposition and the “or else” has to be something wrongful.  And potential divine punishment in the next life doesn’t count.

But what he seems to be trying to claim is that I am threatening to file a peace order if he does not.  Except I am not saying that.  I am saying no matter what he does, I will seek one and the only thing it is contingent on is whether John is successful in Howard County.  That’s not a conditional threat, it’s an unconditional promise, and there is nothing Schmalfeldt can do to convince me not to seek it.

But even if it was, what am I threatening?  A lawsuit.  And a threat of a lawsuit, or the threat to continue one is never extortion.  How do I know this?  Well, you can cite a case Schmalfeldt might have heard of, called Kimberlin v. National Bloggers Club, which said:

A number of circuits have held that the mere act of filing a lawsuit and demanding a settlement agreement, however baseless the lawsuit or settlement demand may be, does not qualify as "extortion" under § 1951. See e.g., Raney v. Allstate Ins. Co., 370 F.3d 1086, 1088 (11th Cir. 2004) (holding that the filing of baseless litigation cannot constitute § 1951 extortion); Deck v. Engineered Laminates, 349 F.3d 1253, 1258 (10th Cir. 2003) ("recogniz[ing] that litigation can induce fear in a defendant" but electing to "join a multitude of other courts in holding that meritless litigation is not extortion under § 1951"); United States v. Pendergraft, 297 F. 3d 1198, 1208 (11th Cir. 2002) (holding threats to sue a public entity cannot constitute § 1951 extortion, even where supported by false testimony and fabricated evidence); I.S. Joseph Co. v. J. Lauritzen A/S, 751 F.2d 265, 267 (8th Cir. 1984) (holding threats of groundless litigation cannot constitute extortion under § 1951). Kimberlin has therefore failed to plead the predicate act of extortion and/or attempted extortion.

So even if it was a threat to file a peace order if he didn’t comply (and it wasn’t), it wouldn’t be illegal, even if it was frivolous (and it was not).  A threat to file a civil suit is simply not extortion.

And in response to all of this, Schmalfeldt then threatens to release my home address and phone number to anyone who asks for it.  He claims to only want to give it to people who won’t hurt me, but if he really was concerned about my safety, he wouldn’t give it out at all.  After all, he already gave out my email address, and anything they have to say, they can say through that medium.  Seriously, who doesn’t have email these days?

By the way, that whole post would be Exhibit C, if you are counting.  That ain’t electronic harassment (because that has a very specific legal definition), but it is ordinary harassment.

And of course any danger he creates is not just against me, but against my wife as well.  Which kind of circles back to the very hypocrisy I chewed him out for in the first place.  He wants us to leave his wife alone, while he puts our wives in danger.  And this isn’t the first time he has done this.  In short, he has proven my point.

As I said in the email, I have left his wife alone not because I expect him to do the same, but because it is the right thing to do.  And he has put my wife in danger, again, because he will literally do anything to harm me or my family.  So... he sure showed me I should have been nicer to him and that he is not at all a sociopath and a hypocrite.

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Sidebar: By the way, I wonder how Schmalfeldt spent his Memorial Day weekend?  Did he go over to Brett’s house, share some burgers and brew?  Did he spend a national holiday dedicated to those in our military who gave their lives for this country, with a man whotried to take their lives?

Inquiring minds and all that.

  

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My wife and I have lost our jobs due to the harassment of convicted terrorist (and adjudicated pedophile) 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 donation link 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.

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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.