Some Words on the Shuler Case

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 this is further coverage of the Shuler case, which has fascinated me in various ways.  One of the real shortcomings on the liberal side of things is the complete failure to incorporate the views of anyone but Roger Shuler.  Bill Schmalfeldt, for instance, claims that he has an ethical duty as a journalist to contact subjects of his reportage for contact, but he has evidently made no effort to seek out the views of Rob Riley, Liberty Duke, Jessica Garrison, Attorney General Luther Strange, Judge William Pryor or the Shelby County Sheriff’s Department.

Sidebar: Schmalfeldt’s claim that he contacts people in order to get their official comment is also belied by the fact that he regularly insults those persons, and when he is publicly shown to be flat out wrong on a fact, Schmalfeldt refuses to issue a correction.  But more on that later.

So, for the last few days I have been contacting people connected to all of the above and doing other research on Roger Shuler.  You can see where I wrote about order under which he was arrested, here, about Shuler’s status as a crank, here, and his possible unauthorized practice of law, here. There are, of course, two tracks that are keeping my interest: the (in my mind) unlawful detention of Roger Shuler, and the awful reporting of Bill Schmalfeldt.  Let’s start with the Shuler stuff and my own reporting.

Word From the Sheriff’s Office

On Tuesday, I spoke with a source at the Shelby County Sheriff’s Office.  I won’t share his name because Shuler is an extremely litigious man who sometimes mistakes attempts to help him as evidence of a conspiracy, but he explained the following.  First, as you know, Shuler is being charged with contempt and resisting arrest.  Contrary to some claims, there was a facially valid warrant for his arrest based on the judge’s order that he be arrested for contempt.  As it stands now, he has a $1,000 bond set for the resisting arrest.  Reportedly he hasn’t paid it and most likely that is because there is no point in paying it, because no bail has been set for the contempt of court charge.  In other words even if he paid the $1,000, they wouldn’t free him because of the contempt.  So in those circumstances I wouldn’t pay the $1,000: I’d save it for an attorney.  Of course it is an open question whether Shuler will hire an attorney and whether any attorney will be willing to represent him given reports that he tends to sue his own attorneys, claiming they are conspiring against him (see my prior post talking about his paranoia).

Did Roger Shuler Commit Unauthorized Practice of Law?

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.

First, a programming note: for the last ten days I have been doing daily pieces on Brett Kimberlin’s lies in his ridiculous RICO suit called “Brett Kimberlin Accuses Himself of Obstruction of Justice.”  They have appeared at around seven in the morning most days.  Because of Halloween preparations, today will be an exception.  I might find the time to write about it later today, but in the short term it is put off.  And getting one off for tomorrow will be iffy.  But hey, at least I am giving you this blockbuster, right?

Moving to the subject at hand, as regular readers know I have been fascinated, in a car wreck sort of way by the case of Roger Shuler.  I wrote about my opinion of the order under which he was arrested, here, and about Shuler’s mentality, here. There are, of course, two tracks that are keeping my interest: the (in my mind) unlawful detention of Roger Shuler, and the awful reporting of Bill Schmalfeldt.  I have done some actual reporting, including interviews of subjects with knowledge of the case, but I will post that in a little bit.  First, I want to start with the blockbuster question:

Did Roger Shuler Commit Unauthorized Practice of Law?

An interesting angle to this story is emerging evidence that Roger Shuler might have committed unauthorized practice of law.  Now, let me be clear: I am not saying that he definitely did.  There are a few pieces of this puzzle that have to be proven, before we can assemble a picture of proven unauthorized practice of law, but consider what I have found so far.

Brett Kimberlin Accuses Himself of Obstruction of Justice (Part 10): Brett Can’t Make Up His Mind

And Bonus: Schmalfeldt Declares that Breitbart was Worse than Hitler!!!!!!!1!!!!1!!!  Eleventy!!!!!1!!!!1!!!!1!!!

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 this is part of an ongoing series where I have been pointing out all the lies and half-truths in Brett Kimberlin’s amended complaint for RICO and other violations against myself and pretty much half the internet (previously here, here, here, here, here, here here, here and here).  I say this is him accusing himself of obstruction of justice because 1) he has claimed that lying to the FBI is obstruction of justice under various statutes and 2) his self-described “friend” Bill Schmalfeldt has said that he handed over the complaint or substantially similar information to the FBI in the hopes of starting a RICO investigation... against Simon and Schuster (in part)... claiming they are in some kind of mafia...

You know, sometimes all you have to do is repeat an accusation to discredit it.

So we reach the lie of the day.  Today’s lie is contained on page seven, in paragraph thirty six when Kimberlin writes:

Brett Kimberlin Accuses Himself of Obstruction of Justice (Part 9): Admiral Ali Akbar says “It’s a Trap!”

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 this is part of an ongoing series where I have been pointing out all the lies and half-truths in Brett Kimberlin’s amended complaint for RICO and other violations against myself and pretty much half the internet (previously here, here, here, here, here, here here and here).  I say this is him accusing himself of obstruction of justice because 1) he has claimed that lying to the FBI is obstruction of justice under various statutes and 2) his self-described “friend” Bill Schmalfeldt has said that he handed over the complaint or substantially similar information to the FBI in the hopes of starting a RICO investigation... against Simon and Schuster (in part)... claiming they are in some kind of mafia...

You know, sometimes all you have to do is repeat an accusation to discredit it.

So we reach the lie of the day (and yes, very often the excruciating pun of the day in the subtitle).  Today’s lie is contained on page ten, in paragraph forty-eight when Kimberlin writes:

Down Deep Into Roger Shuler’s Paranoid Mind (And Schmalfeldt’s Terrible “Journalism”) (Update: More on McGarity's Side of Things)

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.

Update: See at the end of this post for a major update, that corrects a lot of the facts recited in this post.

So Roger Shuler was arrested a few days ago for violating what I consider to be an unconstitutional court order saying that he cannot publish anything defamatory about Rob Riley and the improbably named Liberty Duke.  He was also specifically told not to disseminate the claims that Riley and Duke had an extramarital affair (Duke is a woman), that they conceived a child through that affair, and then aborted said child and to take down all materials under their control where they made that allegations.  Again, my gut tells me that Shuler has actually defamed these people, but I suppose it will shake out in the course of a trial.  I will try to reach out to Riley’s attorneys for comment soon and maybe verify some rumors that I heard that would make this story categorically impossible.

But again to me the scary part is the order not to defame.  If it was limited to not telling this specific story that the court found to be defamatory, that would be one thing: then the boundaries of the order would be clear.  I’m not sure I like that, either, but it would trouble me far less.  But to put him under a general anti-defamation order is troubling.

(By the way, Seth Allen remains under a virtually identical “do not defame” order due to his default in Kimberlin’s defamation suit against him.  I am sure Bill Schmalfeldt will denounce that order in 3... 2... 1...)

So in short, Shuler got my attention.  That led me to a little digging and and what I saw was a very paranoid mind at work.  First, a little about his background.  Contrary to what Bill Schmalfeldt has “reported,” Shuler doesn’t appear to be a lawyer, at all.  I mean I looked up his own google profile, and it doesn’t mention any expertise in law or any legal education background.  And his linkedin profile equally says nothing about him being an attorney.  Even in his legal pleadings, he doesn’t refer to himself as a lawyer.  Even when I am filing pro se, I make sure to mention I am a lawyer so the judge is more likely to take me seriously.  And he is not admitted in Alabama.  So besides Schmalfeldt’s word, I see literally no evidence that he is a lawyer.  He is just a blogger who put “legal” in his writing name who presumably focuses on legal issues.  Or at least on his many lawsuits.

(Update: Sources familiar with the case have verified he is not a lawyer.  Which means Schmalfeldt's headline at Digitial Journal was wrong.  Jump to the end for the full story.) 

Brett Kimberlin Accuses Himself of Obstruction of Justice (Part 8): Brett Kimberlin's Assault on the Truth

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 this is part of an ongoing series where I have been pointing out all the lies and half-truths in Brett Kimberlin’s amended complaint for RICO and other violations against myself and pretty much half the internet (previously here, here, here, here, here, here and here).  I say this is him accusing himself of obstruction of justice because 1) he has claimed that lying to the FBI is obstruction of justice under various statutes and 2) his self-described “friend” Bill Schmalfeldt has said that he handed over the complaint or substantially similar information to the FBI in the hopes of starting a RICO investigation... against Simon and Schuster (in part)... claiming they are in some kind of mafia...

So we reach the lie of the day and as I promised, today is a bigger lie.  It’s the big one that leapt out at anyone who has regularly followed this saga from the beginning: the claim that I assaulted Brett Kimberlin.  One of the key paragraphs in that lie comes on page eight, in paragraph forty-three:

After the hearing was concluded, Defendant Walker followed Plaintiff out of the courtroom in Montgomery Country Maryland [sic], and assaulted him and took his iPad from him.  Courthouse security responded, retrieved the iPad and urged Plaintiff to seek medical assistance.  Petitioner went to the Emergency Room at Suburban Hospital in Bethesda, Maryland, where he was evaluated, treated and given medicines for his physical injuries, including contusion to the eyes, possible concussion and back pain.  The assault was in retaliation for Plaintiff exercising his right to redress and access to the courts, and it was meant to intimidate him.

Of course regular readers know that no such assault occurred.  If you would like to read the (very long) series of posts where I demonstrate conclusively that this entire episode was a frame up, go here and follow the links.  I give you two options: either reading it as one chunk in probably the longest blog post ever written, or in eight chunks because said possible longest blog post ever written allegedly made people’s computers move like molasses.

Or you could sit and watch this video that sums it up:

Roger Shuler Gets a Taste of Brett Kimberlin Style Censorship that He Praised (Update: Popehatalanche!)

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.

Update (I): See at the end for a further distinction between this case and other hypotheticals.

Update (II): Popehat links, saying that I have made the point about bipartisan opposition to Shuler’s arrest “more eloquently than I could.”  Um, this is eloquent?  Are we talking about the same post?

Joking aside, do read Popehat’s post.

You know, I admit when I started working on this, I expected to engage in a little bit of schadenfreude, and nothing else.  Over a year ago, Roger Shuler wrote a piece about me, praising the anti-free-speech thuggery of Brett Kimberlin  It was written on June 8, 2012, shortly after I had been prohibited from writing about Brett Kimberlin to a general audience, and had been arrested on false charges that I had threatened Kimberlin (which were quickly dropped).  Here’s a sample of what Shuler wrote about the whole thing:

One of my ongoing concerns with Democrats is that too many of them are timid, distracted, disorganized, and generally wussy.

Liberal activist Brett Kimberlin is none of those things, and that apparently is why the radical right has launched an extraordinary online jihad against him. In a delicious example of "turnabout is fair play," Kimberlin has used right wingers' tactics against them--causing the recent arrest of one thug, the outing of another as a criminal, and the transmission of a notice to others that they face possible legal action...

Key bloggers have written anonymously, but Kimberlin was able to determine their identities and bring legal action against them. That led to the eventual arrest of a blogger/lawyer who posts as Aaron Worthing (real name: Aaron Walker). And that sparked the right-wing blogapalooza against Kimberlin.

Brett Kimberlin Accuses Himself of Obstruction of Justice (Part 7): Who’s Complaining?

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 this is part of an ongoing series where I have been pointing out all the lies and half-truths in his amended complaint (previously here, here, here, here, here and here).  I say this is him accusing himself of obstruction of justice because 1) he has claimed that lying to the FBI is obstruction of justice under various statutes and 2) his self-described “friend” Bill Schmalfeldt has said that he handed over the complaint or substantially similar information to the FBI in the hopes of starting a RICO investigation... against Simon and Schuster (in part)... claiming they are in some kind of mafia...

So we reach the lie of the day and as I said for the next few days I will pick smaller lies just because people are less likely to tune in on a Friday, Saturday or Sunday.  And today’s lie is contained in the entire amended complaint... or at least the copy he delivered to me.

Just like John Hoge, on October 23, I received a purported copy of the complaint in the mail.  Presumably he carried a huge pile of documents in those puny little arms of his.  In any case, when doing so you have a duty as a plaintiff to deliver a true and correct copy of the complaint, exactly like the one you filed with the court.  And he didn’t.  I won’t attempt to catalogue the changes, but it means it is a lie to say he served me with the complaint.  In fact, what he is trying to do is get away with amending the complaint a second time, without leave of court as required by the Federal Rules of Civil Procedure.

For the record, all discussions of the “Amended Complaint” will be based on the one actually filed with the court.  If he wants to amend the complaint, he can go to the court and ask permission like everyone else.

Brett Kimberlin Accuses Himself of Obstruction of Justice (Part 6): Oh, Other (McCain), Where Art Thou?

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 this is part of an ongoing series where I have been pointing out all the lies and half-truths in his amended complaint (previously here, here, here, here and here).  I say this is him accusing himself of obstruction of justice because 1) he has claimed that lying to the FBI is obstruction of justice under various statutes and 2) his self-described “friend” Bill Schmalfeldt has said that he handed over the complaint or substantially similar information to the FBI in the hopes of starting a RICO investigation... against Simon and Schuster... claiming they are in some kind of mafia...

Yeah, so I am sure the FBI is taking this real seriously.

So we reach the lie of the day and as I said for the next few days I will pick smaller lies just because people are less likely to tune in on a Friday, Saturday or Sunday.  And today’s lie is contained when he states on page four, paragraph seventeen, that:

Brett Kimberlin Accuses Himself of Obstruction of Justice (Part 5): Lee and Andrew

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.

Update: forgot to link to previous installments here, here, here and here.

So this is part of an ongoing series where I have been pointing out all the lies and half-truths in his amended complaint.  I say this is him accusing himself of obstruction of justice because 1) he has claimed that lying to the FBI is obstruction of justice under various statutes and 2) his self-described “friend” Bill Schmalfeldt has said that he handed over the complaint or substantially similar information to the FBI in the hopes of starting a RICO investigation... against Simon and Schuster... claiming they are in some kind of mafia...

Yeah, as you might guess I am practically peeing the bed from concern.

So we reach the lie of the day.  I admit for the next few days I will pick smaller lies just because people are less likely to tune in on a Friday, Saturday or Sunday.  So when we get around to Monday we’ll hit on bigger lies.  So today’s lie is contained when he states on page four, paragraph 16, that:

Both Defendants [Lee] Stranahan and [Mandy] Nagy write for Defendant Breitbart.com, a media group located at 149 South Barrington #735, Los Angeles, California  90049. 

Well, last I checked Mandy was writing for them, but Lee very publicly quit the site.  He blogged about it on September 19, 2013, almost a month before this stupid complaint was filed.