As we predicted, yesterday Judge Grimm was unimpressed by attempts to dodge process service and then plead improper process. As Bill Schmalfeldt reports, Team Akbar went 0-4 in motions against Brett Kimberlin’s federal R.I.C.O. lawsuit. The best they managed to do was annoy the court with petty complaints.

“Walker asserts he was served electronically despite having refused to consent to electronic service… Hoge asserts that, despite Plaintiff’s certification that e-mail service was effected, Hoge was not served at all.  The failure to serve a party is no mere technicality. If there were any ambiguity, Plaintiff is now made aware that neither Walker nor Hoge has consented to electronic service and that (rule) requires physical service — that is, the delivery of a filing in hard copy by hand, mail, or other method expressly approved of in Rule 5 — unless a party consents to electronic or other service in writing. Proper service is a prerequisite for filing, and future motions will not be considered in the absence of proper service.  Defendant Walker also has observed that Plaintiff’s signature block did not require with the technical requirements of (rule). Although these technical shortcomings do not relieve Plaintiff from his obligations under (rule), Plaintiff is cautioned to comply with the requirements of Rule 11(a) and to include his address, e-mail address, and telephone on all future filings.”

As always, Mr. Hoge immediately tried to score this as a Famous Victory. William Ferguson, a friend of this blog, left a comment under Hoge’s blog post observing that his overall legal “batting averages” against Brett Kimberlin and Bill Schmalfeldt are actually very low. Hoge immediately deleted Mr. Ferguson’s comment, because Mr. Hoge is a free speech hero. But then Mr. Hoge took the time to publish the comment (complete with Ferguson’s IP address and email) in order to refute it. If there was any doubt left that Mr. Hoge is a dissonant failure of a man, he has dispelled it. What is that old saw about a fool’s mouth?

For his part, Mr. Ferguson was laughing at Hoge on Twitter until early this morning. Like Schmalfeldt, Ferguson has received anonymized emails that read like bad PSYOPS propaganda. We have noticed that this activity seems to spike whenever Mr. Hoge feels the pressure — as legal matters heat up, or bad notices about Mr. Hoge appear in blogs. After Matt Osborne blogged about Hoge in December, Schmalfeldt received an email that promised retribution against Mr. Osborne and linked to a dox page that included a Social Security Number. As many times as Hoge has shown his readers anonymous emails that hurt his feelings, we have to wonder if some single person is wasting their entire life on this vindictive and convoluted project. Perhaps Mr. Hoge should expect to be asked about these matters in court?

Consider the fact that everyone Mr. Osborne credited in this long post about the National Bloggers Club at Crooks and Liars has received some measure of harassment by Team Akbar since it was published. What does all this mean in the context of a racketeering charge?

  • Mr. Osborne, as we explained above
  • Bill Schmalfeldt has been subject to criminal charges, lawsuits, and peace orders, mainly by Mr. Hoge but also by Lee Stranahan; the Kimberlin Unmasked blog has relentlessly defamed him; for several days last year, he received death threats on Twitter
  • Largely because she autotweeted our blog posts, Melissa Brewer was misidentified as your humble author, with people digging up her old addresses and irrelevant dirt
  • In November of last year, Alex Brant-Zawadzki received an email from Robert Stacy McCain which intimated that he had access to damaging emails and accused the journalist of attacking Kimberlin’s enemies on his behalf

And then there is RogerS, a regular commenter here. After a blogger named Roger Shuler was arrested in Alabama, Team Akbar practically fell all over themselves in a rush to speculate that Shuler was leaving comments in our blog as RogerS. This was not merely wrong, it was indicative of just how disastrous their “blog court” strategy was going to be. As evidenced by yesterday’s utter failure to dent Mr. Kimberlin’s federal lawsuit, every minute they waste on doxing and harassing people who cross them is another minute they have failed to prepare themselves for the legal reckoning that is coming. And it is surely coming, no matter how many games Mr. Hoge plays with Mr. Ferguson. He loses this game just by playing.

In closing, we note that Hoge pays very close attention to everything we say here. As others have observed, he cannot seem to live without us and often responds to us when we do not mention him. When we joked about his narcissistic pursuit of Schmalfeldt by parodying a classic television show plot, Hoge was inspired to write several unintentionally-revealing “Blogsmoke” posts of his own. Hoge always tries to one-up us. When we compared Hoge and his friends to the ancient comedy The Wasps, Hoge did his best imitation of a dramaturge. When Mr. Schmalfeldt joined a professional journalism society, Hoge joined it too. But when we spend all week writing about the Franklin Center and things tangential to Hoge, he seems to crave our attention again and demand the spotlight. And whenever there are setbacks to his “lawfare,” Mr. Hoge strikes out at someone in a desperate bid for attention that he does not deserve. We look forward to the day that we never have to write another post that mentions him. The worse he gets, the more certain that reckoning becomes.

[youtube]http://youtu.be/UV0OVZJS4vk[/youtube]

  • Hoge’s defense tactic, so far, seems to be — suffer a setback, drag Schmalfeldt from his chair, throw him to the floor, kick him around a little for the entertainment of his lickspittles, take a bow, declare victory.

    • I’m still in awe of how far they’ve gone in the last year and a half. You’re not the only person they’ve campaigned hard to link with Brett Kimberlin, but you’re the only one they’ve hit with bullshit criminal charges and a whole cartoon strip. I honestly think it’s because you ARE vulnerable. They’re such BRAVE TRUTH-TELLERS for picking on the disabled guy.

    • Charitably, we might say that Mr. Hoge enjoys a .100 batting average in “lawfare baseball.” Perhaps he thinks of it as a Special Olympics kind of sport where everyone gets a trophy and everyone is a winner?

  • Mr. Random opened with links to my Facebook page telling me that he had “screencapped all” and that I was “pretty sloppy” – which, in turn, earned him this response from me:

    “If I didn’t want it known I wouldn’t post it on Facebook or anywhere else online, failboy.”

    Then he responded back with a link to my Linkedin Page, saying it was “impressive”.

    “Yes, and I’m quite proud of it. Keep digging. I’m sure you’ll find my nefarious lolcat memes.”

    And as an afterthought…

    “Oh no, Dave! Please don’t Google my SoundCloud page!

    Oh God…anything but that! What would my mother think if she knew her boy writes music? I’ll be ruined! Ostracized! They’ll run me out of town!”

    Maybe after 30 years I should come out to my mother and tell her the truth: I’m a musician. I’m sure she’s mature enough now to understand and handle the ramifications.

    What do y’all think?

    So happy I got a mention on this august blog, Xeno! 🙂

    • We have not been in touch on Twitter much lately because of exactly this kind of activity, which we did not wish to inspire towards friends. We are aware of far more examples of this behavior than what we have cited, and some of them are actually scary.

      But let us hope that Mr. Hoge succeeds in making your Soundcloud famous. Perhaps you should write a song about him!

      • Maybe when I finally grow into my grunge phase…

        It’s quite all right, Xeno – I was bound to be pulled into the fray sooner or later.

  • The mockery continues…

    • The mockery will not stop until Bill Hoge stops being a hypocrite and a silly, litigous prick.

  • Hofenbrau

    But the lunatic Hoge who claims everyone on the left uses doxing to strike out at their opponents now spends his time doxing people too. I hear it tell from a source that he also fancies himself as a hacker. Seems old Hoge claims he has done just about everything. I note how he claims he was a trained voice actor now. Seems Hoge got that training from NASA where the space aliens taught him just about everything.

    Let’s just say Hoge is probably mentally ill, and has issues with stalking, has obsessive compulsive tendencies and various other forms of projection problems along with other mental illnesses. It is easy to say that Hoge is mentally ill because I believe he is. When you look at the picture of normal, he isn’t on it. When you look at the picture of insanity he fits right in.

    Maybe the courts will order a psychiatric evaluation of him before they allow Kimberlin to proceed. You think Hoge is on some sort of mental disability and gets a small check each month? I don’t really think he has ever had a job, especially since he always had time to show up with Walker for his numerous failed court appearances. I think its probably a safe bet to say that Hoge is in need of medication for his problems and probably has been off his meds for a very long time.

    Sorry William that you ended up on the short stick of these crazy stalkers. One day they will all end up where they belong. Count on it.

    • Thank you very much, Hof.

      William J. J. Hoge is a lightweight who can’t tolerate being talked back to or called out on his ceaseless bullshit.

      I’m not at all sorry he’s decided to come after me. I’m having way too much fun mocking him all the time and watching him squirm knowing there isn’t a damn thing he can do about it.

    • We are conspicuously not going to comment on whether Mr. Hoge has tried hacking websites. But you are correct, something is very wrong with Mr. Hoge. We do wonder how he can afford his bizarre “lawfare” hobby with no visible means of support other than Ali Akbar.

    • Zero

      Nobody took Hoggy’s nose and dragged it into anyone else’s business. He chose to hitch his star to his now best friend Aaron Walker- also demonstrably insane- who himself got into this whole mess when he inserted himself into a case in which he had no business.

      Hoggy likes to paint himself as a model citizen, and loves to bring up Brett Kimberlin’s 30-year-old legal issues, but has no problem palling around with crooks like Ali Akbar and Lee Stranahan.

      And yes- A quick look at the Hoggyblog reveals that he has already written a… “rebuttal”… to this article.

      I’d be very interested to hear what the court-ordered shrink has to say about Mr. Hogg after this is all over.

    • merl

      Maybe Obamacare can help him out with his meds. that would be hilarious.

  • Hofenbrau

    I see that our prayers for a vote button were answered. I see a thumbs up and thumbs down next to the video at the end of the post.

  • RogerS

    Well, I just saw my name in this post so figured I would have to jump in. I have a colleague who had a case in front of Judge Grimm when he was a Magistrate. He said Grimm has a photographic memory and hires the brightest law clerks around. My friend says that Grimm is not afraid to use the power of the federal judiciary, and will not put up with any crap from any defendant. I suspect that he already has Mr. Hoge and Mr. Walker’s number. It was a huge mistake for them to stick their heads up and define the case and the defendants as kooks and obsessives. They should have let some defendant like Simon and Shuster go first, but they couldn’t wait and now they haven’t done anything except poison the case for all the defendants.

    In fact, if the stories my friend told are any indication, Judge Grimm has probably already gotten a pretty good idea from their conduct that Mr. Kimberlin is telling the truth about them. It will be very interesting to see how this case plays out. There is no way the defendants can win on the facts so they better pray to God that they an win on some technical legal issue. Unfortunately for them, none of the motions they filed so far in the case have much merit, and in a motion to dismiss, the defendant has to have a grand slam on the facts and the law, otherwise the case is going forward. Mr. Walker did a grand disservice to the case and to all the defendants with his brief because it demonstrates personal animus and unsupported statements. I can see the writing on the wall that some of the defendants are going to suffer the wrath of Judge Grimm. Anyone want to guess who will be first??

    • Walker, followed by Hoge.

      Do they allow cigarettes and blindfolds in the courtroom?

  • RogerS

    I believe that if anything has become clear over the past year+, it is that Mr. Hoge and Mr. Walker are mentally ill and should be properly defined as sociopaths. What is incredible to me is that even their supporters from last year have virtually all abandoned them. Why? Because people have gotten wise to them, that they are engaged in an obsessive quest generated by hate, obsession and mental illness. Mr. Walker by his sheer madness caused all of this. He created this Frankenstein Monster that is going to most likely take down a broad swath of the extreme right wing blogging community. What the defendants need to look at in a case like this is the powers that a judge has under RICO. There is something called “disgorgement” that allows a court to basically take everything away from a corporate defendant that engaged in RICO. So let’s look at some of the corporate defendants, and I don’t need to name them, but let’s say a law firm engaged in RICO, they could be bankrupted. And what about a non profit, their board would run to the hills. And what about a big bad conservative website, they could lose their name, their url, and their bank account could be seized.

    What I am really fascinated about is why Patrick Frey is whistling in the wind. He already has a case in California where a woman named Nadia Naffe is suing him under color of law. That case is on appeal now. And Mr. Kimberlin has made the same claim but his complaint appears to have filled some of the holes in Ms. Naffe’s complaint. So Mr. Frey has a great deal riding on winning both of these cases. If he loses either and the courts make a finding that he acted under color of law, he will be fired from his job and he will probably lose his law license. I find it stunningly inconceivable why his attorneys have not shut these cases down cold. So what if he has to pay money, at least he will have his job, law license and steady income. He is banking everything on these wins and that is very dangerous and IMHO very, very stupid. One simple ruling by Judge Grimm could destroy his career and give Ms. Naffe the ammunition to win her case. That is surely not a risk I would ever take if I were his attorney.

  • In his typical, long-winded fashion, Aaron Walker says the only reason the judge has ruled against them so far is that he is not yet aware of how EVIL Brett Kimberlin is. “He will learn soon enough,” or words to that effect, the unemployed, unemployable disgrace to the legal profession said.

    Right. The judge just doesn’t HATE Brett Kimberlin enough to proceed with a clear mind and in an objective fashion. Like a judge.

    • It doesn’t surprise me. Walker E. Coyote doesn’t understand that even Satan would get a fair hearing in this country.

      Being evil is a non-starter.

  • Mark in MD

    Even sweeter will be Walker, Hoge and McCain getting their asses handed to them and their credibility (ha! ha!) taken away by a judge that was appointed by Obama. That’s gonna sting! The liberal conspiracy talking points almost write themselves.

  • Hofenbrau

    Great post William.

  • RogerS

    I am trying to find out more, but I read that most of the defendants in Mr. Kimberlin’s state case lost their motions to dismiss and another motion to identify KimberlinUnmasked. From a lawyer’s point of view, this is an ominous sign for the defendants in that case. And as I stated in a previous comment, the danger for these defendants is that one judge will make a ruling and the other judge will follow it. In the case of Mr. Frey, if the federal judge rules that Frey acted under color of law, that can be used against him in the California court, even if it is still on appeal.

    I wonder if any of the state issues that were ruled on today have any relationship to the federal case. For example, are there any predicate acts alleged in the state case that can be used in the RICO case. This is not going to end well for the defendants. One thing for sure, the finding of defamation today is a real blow to the defendants’ case. I wonder what exactly the judge said.

  • Hofenbrau

    Well what happened lol? It appears that all the blustering about winning against Mr. Kimberlin was just that, blustering. Hoge and company are huge windbags. I wonder just when those that follow or support them will realize what huge frauds these guys are? Hoge and Walker and McCain had been trumpeting this FRIVOLOUS suit nonsense for months, now, the Judge says not so fast skippy. Looks like they are going to have to actually go to trial. As for the frivolity, Hoge and company need to wise up and start preparing for their case, because trying to file stupid technical violations against Mr. Kimberlin doesn’t seem to be working in their favor.

    I noticed how early this morning they were in damage control mode trying to claim prior to going to court that they expected to lose lol — so when they did lose they could day “told ya so”

    Funny how they knew in advance they were going to lose, but prior to it its all hands on deck and everyone better support our cause financially or else lol.

    These guys are pure frauds, no question about it. And it appears that the state court is going to find their asses in hot water. That is only the beginning though. The federal court isn’t going to be any easier for these internet jet jockeys and the “I’m an internet lawyer” junkies who write stupid idiotic motions that go nowhere lol. Wake up Adam Steinpuke and Aaron Pussy Walker, your internet lawyering leaves much to be desired. Might want to just settle the case, admit your guilt and move on lol..

    But stupid people usually don’t see how stupid they are until it’s stupidly too late.