Comes now the respondent, Robert Stacy McCain, demanding a change of venue from Maryland courts to his blog court in the case of Kimberlin v. Walker, et al. Because in blog court, he can defend himself Perry Mason-style by proving that this website you are reading is the home of a criminal gang:
Catch them telling the truth. Catch them telling a lie. Either way, so long as they refuse to exercise their right to remain silent, everything they say can and will be used against them in a court of law.
Of course, what McCain really means is that we are guilty of speaking back to him. We are supposed to let him publish his defamation and libel without answer, and if we speak out instead, it proves we are just evil people. Everything we say can and will be used against us in his blog court, where the rules of evidence do not apply.
Having spent months publishing as fact that Bill Schmalfeldt is part of “Team Kimberlin,” a mythical agency of “unsavory operatives” that Kimberlin supposedly controls, pays, and directs, now McCain would make his conspiracy theory into a legal defense. But it will only work in blog court. Unfortunately for McCain, he must soon defend himself in a real courtroom, in a real Maryland courthouse, before a real Maryland judge who will see this for what it is. Bill Schmalfeldt talking on the phone to The Watchful Avenger about matters he has reported here does not equal a conspiracy against McCain over there, nor does it disprove or dispel McCain’s defamation of Kimberlin. McCain seems to think that he will be able to call Schmalfeldt to the stand and interrogate him about our identities, but unless McCain can show that we have somehow forced him to call Kimberlin a “pedophile” and “convicted domestic terrorist” in his blog, this is not going to happen.
We say that McCain’s blog court defense is not really about Kimberlin’s lawsuit anyway. We think McCain is desperate to convince his readers that he has not defrauded them by pretending to leave Maryland last year while begging for their contributions to his getaway fund.
Bill Schmalfeldt claimed to know that Kimberlin served me with notice of his lawsuit in Maryland, but I don’t live in Maryland, and have not lived there since mid-2012. Therefore the question arises, who told Bill that I had been served at a Maryland address?
We are not going to burn our sources for McCain’s blog court, but rest assured that we are not the only ones who know about this. McCain was served at the same Hagerstown, Maryland address that is listed in the lawsuit details at the state website. We redacted it from our image of that page out of ethical concern. McCain would surely have screamed bloody murder had we “doxed” him by leaving the address legible on a public document, but now because we have not posted the process server’s documentation with his address on it, he seems to say that he has not really been served at all. Has he been served, or hasn’t he? McCain does not provide a plain answer, so we challenge him to say yes or no.
And we cannot wait to see Robert Stacy McCain try this blog court defense in a genuine courtroom.