Monthly Archives: January 2016

And THIS is Why Lawyers Have a Bad Reputation

From Jonathon Turley:

Boston Police Sergeant Edwin Guzman’s lawyer has a curious defense to Guzman sending a photo of his penis to the sixteen-year-old daughter of a friend: “You can’t tell me someone her age has never seen a picture of a penis on the Internet.” Hmmm, even if it were true, it is hard to see that particular approach resonating with a judge or jury.

Guzman is charged with “annoying and accosting a person of the opposite sex” and “disseminating harmful material to a minor,” which carry a maximum penalty of six months in jail and a $200 fine.

His lawyer, Kenneth Anderson, disputes that the photo was sent but added that, even if it was sent, it would hardly be a shock to a 16-year-old girl. The suggestion appears to be that it really was not “harmful” in today’s porn saturated world.

Your Honor, motion to quash this attorney.  Or at least strike him.

I Just Saw a Guy Die on My Computer

Lavoy Finicum was one of those guys holed up in a federal facility near Burns, Oregon.  On Tuesday he was shot.  If you can bear it, here’s the video.  The best view I found of the actual event is at 9:15.  Fast-forward and you’ll see the SUV skid off the road at a roadblock, Finicum puts his hands up, seems to lower his hands for a moment and eventually is shot and dies.

I have read about this ranching dispute, and frankly I didn’t think the ranchers were doing the right thing.  Showing up to take over a federal facility sounds wrong-headed.    To these guys Ruby Ridge and Waco were Lexington and Concord.  I disagree.
On the other hand, if the video shows what I think it does, Lavoy Finicum was shot in the back just moments after his arms were up.  Was he fumbling for a weapon?  Did he lower his arms because he’s already been shot?  I can’t tell.
I do know the next decade or two, ranchers and westerners will be telling their sons about how Finicum was shot in the back while surrendering.

Some environs of the ‘net are…

Like a sewer.  Stinky, smelly, foul, nasty, you know what I mean.  Any number of unspeakable things floating around in the gunk.  You’ll find trolls and other assorted monsters there, too.  They fit right in, but that doesn’t make encountering one anything less than a horrifying experience.

Henry Mayhew, a contemporary of Charles Dickens, wrote about some inhabitants of Victorian-era London who went into the city’s vast system of sewers looking for articles of value- lost rings, coins and other items that would wind up there after being parted from their owners.  These brave souls were called “toshers.”  While most lived lives that were utterly Hobbesian in quality, a very few were lucky.  Terry Pratchett wrote about one such tosher a couple of years ago in his novel “Dodger.”

I think looking for stuff in the sewers of the Internet is the modern day equivalent of toshing. Most days you just come back feeling like taking a long shower with plenty of strong soap near at hand. Every once in a while, though, if you are lucky, you will come up for air holding a prize. Here is just such a treasure from a particularly fetid corner of the bowels of the ‘net- something worth far more than its weight in gold to the right person. Let’s take a look.

160129 Blog Post

As a retired attorney, my ears always perk up when some half-witted clown starts playing with the third rail of the legal system- a court’s sense of its own dignity and importance. When a court issues an order, there is one proper thing to do if you take exception to it- take an appeal. Pointing at the court and laughing at it, especially if you are or could once again become subject to its jurisdiction, is not just poor form. It is like willfully heading through a door marked “Abandon hope all ye who enter here.” Openly flouting the order, say by making fun at the court’s expense, is even worse. Sooner or later the court will get around to picking up Dr. Thompson’s million pound shithammer and dealing with the offender. Courts take a really dim view institution-wise of people who screw with them.

So a court in, say, Reidsville, North Cackalacky

…oh, so much fun making fun of those shitferbrains people from the South, livin’ in them tornado-magnet mobile homes.  Their courts too…

that has just issued harassment protective orders to, say, one Sarah Palmer of said city along with her grandchild

…how stupid, how really, really stupid, how feckless and dumb do you have to be to have a toddler granted an order of protection against you???

is probably going to be very, very unhappy to find out that the person against whom it issued Palmer and her grandchild an order protecting them from further harassment, on learning about the entry of the order, responded by engaging in further harassment.


Now, this isn’t legal advice, it’s just my opinion. Worth what it costs you to read it here, probably wrong, all that. But if I were Sarah Palmer of Reidsville, North Carolina, I’d hike down to the court one more time and fill out new protective order applications for herself and her grandchild. I (remember, we’re talking about what I would do, not what anyone else should do) would attach to the application two things- a copy of the blog post that contained the above-depicted excerpt and a copy of one of the Internet posts by the harasser where he makes it clear that he knows that the court entered the harassment orders. It might take a couple of weeks, service being what it is, but my bet is that the result would be well worth it. I imagine that the court would take a pretty jaundiced view of the harasser’s conduct under the circumstances.

But I wouldn’t let things come to rest there. After the North Carolina court entered its second set of orders I would take them and attach them, along with the first restraining orders and other helpful information, to a nice, succinct letter to the prosecutor in the harasser’s home state responsible for the jurisdiction where the harasser lives. The letter would ask that the harasser would be charged with criminal harassment and prosecuted. That’s the only way this madness is going to be brought to a stop.

Not bad for something found in a sewer, eh? Oh, and if anyone reading this would think I’m writing this about them…well hey, it’s not everyone who gets a court to adjudicate him or her as having harassed a three year old. But don’t let that get you all cocky…pride, after all, goeth before the big fall.

The Most Effective Legal Strategy Ever!

I’m two days late on this, but I had to chime in:

Bill Schmalfeldt has dismissed some of the 4,563 people who he had recently sued because they said things which made them sad.  He is now “concentrating” on Eric. P. Johnson and Sarah Palmer, while promising to return to Patrick Grady sometime later.



In effect, Bill is surrendering to some of the people he has sued.  He is focusing his attention on only the two others.  I assume that the other pseudonymous commenters are off the hook as well.  Good news for Cousin Roy,   The 13th Duke of Wymborne, Kobayashi Maru, AJ Fornicarious Hoc, JeffM, Gus Bailey, and Colonel Victor Trollpoker.

I am especially pleased for Colonel Victor Trollpoker, but sad that no judge had to ask the question “Is Victor Trollpoker in the gallery? We need Colonel Trollpoker”

I have read about all the stuff that’s been written by Sarah and EPWJ, and I’m not sure Bill can sustain any sort of case against them.  Sarah especially has simply quoted Bill, and occasionally provided opinion.  EPWJ’s comments fall into the category of harsh but legal comments.    Surely Eric’s comments were no harsher than Bill’s comments about others.  

Popcorn balls

Click Picture for a delicious recipe of the “only kind he’ll ever have.”


Online journalism, commentary and discussion are on the line here with the Schmalfeldt and Kimberlin cases.  If Bill wins, nobody can comment about others online — even the individuals who make themselves public persons through their online writings, recordings and books.  


Bill has at least once claimed that his sterling reputation was sullied by commentary by the Lickspittles and Zombies.  I would say that Bill’s own writings and recordings were made more famous by the commenters here and at other sites, but Bill made his own mess.

Running bravely away from confrontations with some defendants will not in fact make the others more scared.  Dismissing Grady, and admitting that the Krendler = Grady connection is weak, only emboldens the rest of the named defendants.

It would have been better to dismiss it all, take up knitting or online poker and quietly forget about it all.


NYPD Will “Purge” Documents on Islamic Radicalization Because of Lawyers

If we lose this war, it will not be n the battlefield.  It will be in the courtrooms, the colleges and wherever the naive congregate. — Dave Alexander

From Judicialwatch:

The New York Police Department (NYPD) is the latest of several law enforcement agencies—including the FBI—to succumb to the pressure of Islamic groups demanding changes in anti-terrorism investigations and training they claim discriminate against Muslims.

As part of a court settlement announced this month the NYPD will purge a highly acclaimed report (Radicalization in the West: The Homegrown Threat) that’s proven to be a critical tool in terrorism investigations. The NYPD will also limit the use of undercover officers and informants in Muslim communities and create a policy that bans religious discrimination. The department will “provide additional guidance to police officers at part of a settlement of lawsuits accusing the NYPD of improperly investigating Muslim groups,” according to a statement issued by the law enforcement agency. The change comes on the heels of an increase in terrorism attacks by radicals associated with groups like the Islamic State of Iraq and Syria (ISIS).

The settlement stems from a 2013 lawsuit filed by three New York Muslims, two mosques and a Muslim nonprofit accusing the NYPD of “discriminatory surveillance” after 9/11.

If Lutherans believed as a tenet of their faith that others would need to be converted,

Lutheran Church

Find pasty-faced FBI agents who like coffee.

subjugated or killed and if Lutheran terrorists were blowing up things worldwide, I’d think we’d give those fellows a good looking over.

We face no terrorist threat from Lutherans.

If the NYPD and FBI tried to develop informants among the Muslims of New York City after 9/11, I’d say that was a wise move.  That the lawyers will decide to erase the report is sad.  Sad and foolish.

The document which will be purged is actually available at this link.




Why So Quiet, Dave?

I went to my doctor the other day, and ended up in the Heart Center at WakeMed. Everything worked out fine, and I compliment the surgeons for the non-invasive procedures they’ve mastered.  A generation ago they would have cracked me open like a chicken, and stapled me back together.

95% Blocked?  Is that even possible?

Everything is good.  I have a whole box of new medicines, and instructions to make my life less stressful.  Hah!  Weight loss will be easier than that!


My overall plan is to blog less in 2016.  If I have some volunteers to join the “& Company” part of the project, I’d love to hear from you.  Citizen journalists and commentators in the subjects of Shutuppery, education, Kimberlin, government idiocy, pretty pictures and America are welcome.