Author: TSO

  • In the theater of the absurd, Daniel Bernath is a Tony Award Winner of a Lifetime Achievement Award.

    Apparently some of you got served from serial prevaricator Dan Bernath.  Jonn is apparently trying to figure out what the hell is going on with that, and already has his own personal attorney in Oregon.  Alas, while the mentally unstable Bernath as recently as yesterday was claiming he had filed against me, I still have received nothing.  In fact, an email from yesterday from his stated:

    When are you available for deposition or do I send you notice of time and place.

    This seemed a cart/horse problem, what with the fact he still hasn’t summoned up the intestinal fortitude to actually serve me.  Well, I’m ready to get it on as well.  So what follows is my discussion with serial prevaricator Dan Bernath from today.  I’m sharing it to show you that you aren’t the only one exasperated by this assclown.  What follows is my actual emails with a man hell bent on (as they say in Tropic Thunder) going full retard:

    ME:

    Since apparently you are incapable of serving me the lawsuit, why don’t you give me the name and contact information of the sheriff you are allegedly using to do it, so I can pick the suit up at their office.  I am eager to prove your prevarications and defamations in a court of law, and if that needs to be in Oregon, so be it.  I will still be filing defamation per se in Indiana, as that is the proper venue, but I suspect that like all other legal filings you will duck service and then claim you have no money to pay the judgment.

    Serial prevaricator Dan Bernath:

    Blah blah blah. You are 44 working at a job a Korean in soeul could be doing and lecturing mr Bernath about the law and procedure. Mario co  sheriff civil division has it.  You pick a fight with a service connected PTSD agent orange 100 per cent 65 year old retired in Florida living on exempted Pension and 100 per cent homestead exemption. Attorney Bernath has all the time to defend and prosecute.
    We are wondering if you will call him crazy pants in front of the jury?
    There is a very and cheap way for u to make this all go away for free for you. The key is in your pocket. You were duped and we can forgive for that. Consider taking the first exit before you even have to pay your$600 defendant filing fee.
    The legal defense team of chief petty officer Bernath. Nanp hon

    Me:

    Oh good, then you admit you have no interest in actual service.  Great, thanks.

    Serial prevaricator Dan Bernath:

    You said to serve it at am leg. We hired sheriff to do it. We said no more and no less.
    We are not interested in jr high school attempts at insults nor will any judge.
    This all will end up costing you much and chief dab nothing.
    Legal team of dab CPO hon
    Me:
    Interestingly I just called the Marion County Sheriff office and they said you are lying again, and they have nothing.
    Serial prevaricator Dan Bernath:
    It is hard to be charitable with you. Check cut mailed to them. You don’t need to be served to answer. Call Joey and get his copy as he sued if u are that anxious. L t of dab CPO
    Me:
    I don’t know who the hell “Joey” is, and you send so much different bullshit I wouldn’t even know which copy is allegedly mine, since I know of 3 different versions of your nonsense floating around.
    But oh boy do I have an answer for you.
    Serial prevaricator Dan Bernath:
    We don’t care what clerk there said. I personally licked the envelope. You are committed to your own downfall.  So be it. You were given every opportunity.  L t of CPO dab.
    Me:
    I’m sure you’ve licked plenty of envelopes.
    Serial prevaricator Dan Bernath:
    You don’t make any sense in your comments or actions.  As gen Sherman said about war. ‘That is the remedy our enemies have chosen…”   Think about the offer that saves you or war that will gain you nothing that will cost you everything. L t of CPO dab
    Me:
    War with you wouldn’t cost anything, but will result in more legal vindication, and more censure for you.
    So I’ll take my chances.  You are dishonorable prevaricator, and that will be proven.
    So there you have it.
    I don’t have any advice for any of you, legal or otherwise, because I am not a lawyer in the appropriate state (Oregon) and I can’t tell you anything you don’t know about Bernath.  At every possible instance he will either lie, argue something irrelevant, threaten or try to seek some legal redress that doesn’t make sense.  I only know for my part that I am not letting him get away with it.  I know you guys think I am being patient, and not upset.  Trust me, neither could be further from the truth.  But I know this liar will take anything I say and try to twist it.  So, I am making sure that with each step forward I am covering my flanks.
    Still waiting for him to serve me.  I think I shan’t hold my breath.
  • Wittgenfeld and Bernath: The Low Spark of High-heeled Boys

    VillageBernath

    Letters from the Dark Side of the Moon…first from Wittlessone:

    Hey, Dweeb, why don’t you give me…. [MCPO] the New York Militia my private email…? We need to negotiate..

    Now it is obvious as hell that he was in the Navy and he still wears camo… His Navy never wore camo, especially the machinists like Goober [MCPO].

    I think maybe that is where he has been appearing as a gay looking man. Now you know a sailor walking swishy is a dead give away right…
    We can tell who the are when they talk…right … don’t you know that..?

    Soooo, when a gay swishy sailor walks into a court room to say he isn’t gay… He’s probably a closet gay and has a hurt butt over their satirical outting, just for fun… like you do, Marky-Mark..

    Now a guy who is REALLY NOT GAY would be like water off a ducks back each time a woman sucks his slimy dick.. That is the real world. Surely you been paying attention to the media and it occurs to everybody in America that New York and New Jersey are full of gay sailors….ask them… who cares man…. just the anti-gays…. or the Nazis.. Arian Brotherhood, who…?

    Now think about how embarrassing for the Chief of nobody to sing and dance in front of a jury of men & women… How do you convince or prove you are not a gay ? Just stop sucking and sadomizing on court day or better yet , maybe pull out of his butt buddies’ bong-hole for a while; for court reasons..? See where you really are dip shit…. Are you going to be there, because I want to, too..? I think this is going to be a hoot you all will never be able to drop quietly.

    BY THE WAY, nobody cares about an honorary verses pay grade kudos… none item… except only to a group of sissified young millennial pusses’. Personally, and you can tell [MCPO] to contact me here, I am going to help make him famous.. NOT GAY… none item… remember that.. If he doesn’t respond here and hides out… there is the judges sign..

    You call it “seeding”. Remember..? [MCPO] is a “legacy seeder”… there is your problem… and I know who the other “Legacy Seeders” are also. You know that right..? Sounds like RICO to me..

    Did you see me on the front pages of the newspapers recently..? Missed that..? Another self authenticated correct feature… unlike the information you like to perpetuate for your readership cyber/suicide activities.

    I have also noticed that some of your motor cycle buddies American Legion have already went to prison for serious shit… You know for the RICO Act. That is what will take you down… Your club, chapter, group, affiliates go to jail too. Right..?

    The LRP…

    ME:

    This from the guy who talked about the N word in a hoodie.

    Wittlessone:

    Well, Yah…. You know the shooter was let loose for shooting the black punk. What’s that got to do with a gay sailor [MCPO]…

    Don’t change the subject to me…. I am just a witness… to this all.

    I have many black friends and business associates who called Travon Martin a Miami Vice Niger.. A black Kung Fu never wins against a hispanic pistola.. Did you know that the original slavers refered to the black folks NIGERS because they were captured by NIGERS to sold to the whites who called them all NIGERS from Niger the country.

    Now stop it dumb ass.. I have black chick who does “the dirty dog” for me….. get a life .. I have a video…

    Now what about those RICO Act prosecutions of the Legion Riders across America. Let’s talk to a grand jury about that… you won’t be invited just arrested…

    Meanwhile, back at the Hall of the Justless, from someone TOTALLY not Bernath, but using his email:

    SSS pointed out that [MCPO] is a homosexual.
    Homos are now openly serving in the US Navy. Why is [MCPO] opposing official US Navy policy?
    How do you convince a jury that you have been defamed when homo marriage is legal in many states and and by the time [MCPO] goes to trial in Oregon, will be legal here.
    I don’t think they have through through their clever plan.

    It is surprising that here Mr. Bernath is sitting around being old and these terrorists attack him-sending newspaper reporters at him, lying about him, threatening to murder him. What did Mr. Bernath do to get swept into this madness?
    Nothing.
    Secret Squirrel Satirist and/or Satire Defense

    Me:

    You should ask Mr Bernath. He is the legal expert but I am sure he will inform you that false statements involving sexuality receive heightened scrutiny in defamation cases.

    Meanwhile you should screw off and leave me alone. Mr Bernath said he might kill you though so be careful.

    Totally NOT Bernath:

    Mr. Bernath’s legal team says that your knowledge, although recent, is out of date.
    Mr. Bernath’s legal team wants to know if you will accept service of summons and complaint by mail or does he have to hire the Marion County Sheriff to put it in your hand?

    We must communicate with you in the future regarding discovery, deposition dates, meet and confer on discovery disputes before making a motion to compel.
    Shall we merely quote you as say, “Screw Off” when we file the declaration with the Court?

    Me:

    But screw off was to Satire Defense not Daniel Bernath. Wait, are you the same people? You mean Dan Bernath was lying to me? Just like he did about being CPO? Wow. Who could have suspected such a development.

    I don’t want to jump the gun, but I am starting to think that Bernath may be playing me with false identities. If you can’t trust a homophobic phony CPO who has Facebook posts about the “Darkies” and his N-word loving client, who can you trust?

    It’s like my whole world has gone topsy turvy.

  • Of David Gregory and Tim Russert

    wisdom

    Ms. Malkin had a piece today about David Gregory’s shrinking viewership:

    According to The Washington Post this week, NBC News hired a “psychological consultant” to examine why flailing “Meet the Press” moderator David Gregory has been bombing in the ratings…What’s the matter with David Gregory? And why don’t people like to watch him?

    I could have saved the honchos at NBC News a lot of time and trouble. The first answer is: David Gregory is a phony. The second answer is: He’s a jerk.

    Yeah, not much of a fan either way. But this part I found more interesting for personal reasons.

    Gregory’s predecessor, Tim Russert, was highly respected on both sides of the political aisle. The former chief of staff for iconoclastic U.S. Sen. Daniel Moynihan turned “Meet the Press” into mandatory viewing for any American serious about politics and policy. Yes, he was liberal. But he never pretended to be anything he wasn’t. He did his homework. He didn’t pull punches. He helped enlighten the nation about our entitlement crisis. He conducted interviews, not one-sided partisan lectures.

    In October of 2005 when I cam home on leave from Afghanistan I flew into Reagan National. I was on a mission to get to Murphy’s, so I basically took off at a run for the metro. As I was running on those conveyor belt things, I heard a guy yell “welcome home troop!” I was gone before I could reply, but it was Tim Russert, who I had always respected.

    Flash forward 2 years and I was on MSNBC (video below) which they filmed at Channel 4 (I think it was) in NW DC. Before I got on film I was talking to the producer and somehow Russert came up. Anyway, I told him the anecdote I just related, that Tim was the first man to welcome me home to DC. So, I went forth and did battle with Beeker, and when I was done I came out of the filming room, and there was Russert waiting on me. He spent a full 20 minutes with me, gave me a hat and a coffee mug, and actually listened to my experiences. I loved the man from then on out. You can tell from the subject here of the show that Mr. Russert probably didn’t share my views, but he treated me not just humanely, but gentlemanly.

    I think that’s Gregory’s problem. If he cares about us little people, you’d be hard pressed to know that.

    My line about the VoteVets v. Limbaugh, Red Sox and ESPN was straight cash. My Dad refused to watch me on TV unless I mentioned the Sox or Pats.

  • Bad news from Dan Bernath

    Bad news from Dan Bernath

    Daniel Bernath

    This is the kind of idiocy I get every day.

    Felony death threat against me~remove immediately

    Daniel Bernath
    1:46 PM (1 hour ago)

    to me
    ChipNASA says:
    April 23, 2014 at 12:55 pm
    Oh Danni Boy…Danni Boy…the pipes, the pipes are calling….I mean Bubba and Thor are calling….(with apologies to our Irish lads and lassies here)
    PREPARE YOUR #2 PORTHOLE!
    /squeal Danni, squeal

    Not just a threat, but a DEATH THREAT. And not just a DEATH THREAT, but a FELONY DEATH THREAT.

    What? You mean you don’t see a threat there? Clearly you’ve never been threatened with Snu Snu.

  • AK-47 fired underwater

    AK

    I’m not even going to pretend I understand Bernoulli’s Principle, but this struck me as kind of cool.

    This Smarter Every Day stuff is pretty cool. You can also find out why cats always land on their feet, how a balloon acts in a car and a bunch of other scientsy stuff. The hockey stick one is cool too.

  • Our Stolen Valor knuckleheads in one video: The Futility of Existence

    This reminds me of all of our SV peeps. It’d just be easier to do the things they claim than to worry about all the lies and getting caught. I don’t know why this video cracked me up so much, but it really did.

  • Bisping Kennedy Meme

    I had to do one myself.
    Tim

    Email them in if you have one.

  • Sixth Circuit with haymaker to Visconi’s BS claims

    viscon

    Sayeth the Court:

    Frank Visconi, proceeding pro se, appeals a district court judgment dismissing his action filed under the Administrative Procedure Act (APA), 5 U.S.C. § 706, challenging the denial of his request to correct his military records…

    the Purple Heart. Id. Finally, it found no evidence that he was entitled to the CAR. Id. at 513.
    Although Visconi offered a large volume of evidence in support of his request for a Bronze Star and a Purple Heart, the documents that he provided, including the April 25, 1969 letter from William Kenneflick Jones, id. at 116, do not satisfy the applicable regulatory criteria. And, significantly, the citations that Visconi provided for the Bronze Star and Purple Heart, purportedly issued to him in 1969, do more to undermine his claim than to support it. When Visconi made his initial request in 2006, he stated that he had never received the awards and did not know whether recommendations were ever made or granted. Id. at 287-88. It was only after this request was denied that Visconi claimed to have actually received the awards and to have the citations that accompanied them. Id. at 371. At no point has Visconi acknowledged this discrepancy or explained his failure to include the citations in his initial request.

    Further, the MMMA offered several compelling reasons for its determination that these documents were not authentic. Id. at 187, 512-13. Visconi argues that this authenticity determination is suspect because it took three years to make. But this is not accurate—Visconi first submitted the citations in March 2008, and the MMMA made its ruling in May 2009—and in any event the passage of time has no bearing on the accuracy of the determination. Visconi also argues that he provided evidence disproving the authenticity determination that the BCNR failed to adequately consider. But, when reviewing an agency decision, we do not “reweigh the evidence” or substitute our judgment for that of the agency. Big Branch Res., Inc. v. Ogle, 737 F.3d 1063, 1069 (6th Cir. 2013) (citation omitted); see Haselwander v. McHugh, 878 F. Supp. 2d 101, 107 (D.D.C. 2012).

    Moreover, Visconi does not support this assertion with citations to the record, and the record does not bear out his claim. For example, Visconi points out that, according to the Navy’s own regulations, there can be “many varieties of style for the same award.” SECNAVINST 1650.1H at § 220.3(e)(3). But that provision further states that awards must satisfy the “basic requirements” outlined in the awards manual. Id. The Bronze Star citation that Visconi provided did not do so. And, in any event, the fact that a Bronze Star citation can be issued in a variety of styles does not disprove the MMMA’s determination that the citation provided by Visconi was not in a recognized format. Visconi further posits that Bronze Star citations issued during the same time period were signed by individuals other than the Commanding General and that Purple Heart awards must sometimes be accompanied by citations. But the sole example of a Purple Heart “citation” that Visconi provides was prepared on a personal computer by one of the recipient’s treating physicians because the award was not recorded in the recipient’s official military record. A.R. at 189, 192.

    The other evidence Visconi submitted in support of his requests for reconsideration provides at best indirect support for his claim that he is entitled to these awards and falls short of the documentation required by Navy regulations. This includes letters written by or on behalf of two of his superiors in Vietnam, C.J. Daigle and Eugene L. Polderdyke, and a letter from Gerald Mollohan, who served in another unit in the same area as Visconi. Id. at 46-47, 51-52; Pl.’s Resp. at 398. Because none of these individuals personally witnessed the underlying acts for which Visconi sought the Purple Heart and the Bronze Star, they do not substantiate his claim of entitlement to these awards.

    In sum, there was no evidence in Visconi’s military record to show that he was treated for a wound sustained as a result of enemy action, as required to award a Purple Heart, and no evidence that he was recommended for a Bronze Star. Accordingly, the BCNR rationally refused to correct Visconi’s military record. And, in light of this determination, the BCNR did not act arbitrarily by declining to grant Visconi’s request for a personal appearance or by declining to reconsider its ruling after Visconi took a polygraph test and had his citations analyzed by a handwriting expert.

    If there is a bright side to this, it is that the Stolen Valor Tournament is approaching….