Author: TSO

  • TAH Reader Prognostication on the Senate Elections

    Congrats to GR-ATC who came up about 900 votes short in NH from getting every single race correctly.

    total TAH Name
    9 GR_ATC
    8 68W58
    8 ex-OS2
    8 Hayabusa
    8 Lilredhen
    8 propsguys
    8 RGR 4-78
    8 Skippy
    8 Sparks
    8 Tony180a
    7 Brian
    7 Claw
    7 Crawfish
    7 Dana1371
    7 gc
    7 Jake11boots
    7 Jon The Mechanic
    7 Just An Old Dog
    7 Poetrooper
    7 Radioactive G-spot
    7 Some Guy
    7 TSO
    7 W2
    6 26Limabeans
    6 AW1 Tim
    6 CAs6
    6 charles w
    6 ChipNASA
    6 Conservatarian
    6 David
    6 desert
    6 Devtun
    6 HMC Ret
    6 Holdfast
    6 MA2USN
    6 MCPO NYC
    6 OAE CPO USN Ret
    6 Oilie
    6 Ol’ Trace
    6 OWB
    6 Roger in Republic
    6 Veritas Omnia Vincit
    6 Wilted Willy
    5 AZtoVA
    5 Bill M
    5 Ex-RM
    5 John S.
    5 jonp
    5 OC
    5 sfp2
    5 Silentium Est Aureum
    4 AndyFMF
    4 Bubblehead Ray
    4 Drag Racing Maniac
    4 Lilyea
    4 Rich

  • Senate Poll for TAH readers

    About a week out, so let’s do a poll and see who can peg it perfectly. Who will win:

     

    Create your own user feedback survey

  • The ongoing legal battles with Dan Bernath

    Obviously we haven’t written about this much lately, for two good reasons.   1) The dude revels in the attention and 2) he takes comments that you all make, and then tries to sue you guys, and/or hold us responsible for comments under some sort of asinine conspiracy theory/RICO Act or Gang Statute.  So let this serve as your warning, if you comment with something stupid, he’s likely to add you to the lawsuits, and you really don’t want that.

    And just how many cases are we talking about? The following Bernath-filed lawsuits or complaints all deal with the same or overlapping parties or fact allegations:

    1. A pending case filed by the Plaintiff, Daniel A. Bernath, in the US District Court, Middle District of Florida, on June 16, 2015 (Daniel A. Bernath v. Mark Cameron Seavey, Case No. 2:15-CV-00358-FtM-99CM);
    1. A pending case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on December 28,2015 (Daniel A. Bernath v. YouTube LLC, et al.. Case No. 15-CA- 3259). The case was involuntarily dismissed by the court with leave to amend, which the Plaintiff subsequently abused. A motion for dismissal with prejudice is pending before the court;
    1. A pending case filed by the Plaintiff, Daniel A. Bernath, in the US District Court, Middle District of Florida, on January 25,2016 (Bernath v. YouTube LLC, et al., Case No. 2:16-cv-00040-JES-CM);
    1. A pending case filed by the Plaintiff in the United States District Court for the Eastern District of Virginia on May 16,2016 (Bernath v. Extreme Seal Experience LLC, et al.. Case No. 2:16-cv-185);
    1. A pending case filed by the Plaintiff in the United States District Court for the District of Maryland (Greenbelt Division) on April 14, 2016 (Bernath v. YouTube LLC, et al., Case No. 8:16-mc-00302);
    1. A case filed by the Plaintiff, Daniel A. Bernath, in the United States District Court for the District of Maryland on June 6, 2016 (Bernath v. Extreme Seal Experience LLC, et al., Case No. JKB-19-1992). The case was involuntarily dismissed by the Court on August 26, 2016;
    1. A case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on June 20, 2014 (Bernath v. Hoey, et al., Case No. 14-CA-1838). The case was voluntarily dismissed by the Plaintiff on October 2, 2014;
    1. A case filed by Dan R. Hyatt against the Plaintiff, Daniel A. Bernath, in the Circuit Court of Multnomah County, Oregon, wherein the Plaintiff filed a cross-claim against The American Legion and Mark Cameron Seavey, as well as other defendants, on July 14, 2014 (Hyatt v. Bernath, Case No. 1401-00633). The case was involuntarily dismissed by the court on October 6, 2014;
    1. A case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on November 13, 2015 (Bernath v. Donald Shipley, Case No. 15-DR-032430). The case was involuntarily dismissed by the Court on January 26, 2016;
    1. A case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on November 13, 2015 (Bernath v. Diane Blazer Shipley, Case No. 15-DR-032431). The case was involuntarily dismissed by the Court on January 26, 2016;
    1. A case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on March 2,2016 (Bernath v. Donald Shipley, Case No. 16-DR-030409). The case was involuntarily dismissed by the court on March 2, 2016;
    1. A pending complaint filed by the Plaintiff, Daniel A. Bernath, to The Florida Bar on or around July 22, 2016, against Mark C. Seavey for unlicensed practice of law;
    1. A pending complaint filed by the Plaintiff, Daniel A. Bernath, to the Judicial Qualifications Commission of the State of Florida on or about July 15,2016, against Circuit Court Judge Elizabeth V. Krier (Docket No. 16-288 Krier).

    Mind you this list doesn’t even include the plethora of attempted restraining orders that haven’t worked, attempts to have law enforcement do stuff to us, complaints against me to the Indiana Bar, his alleged Bar complaints against my attorneys, and just his general nuisance making.  (Like whoever *cough* has made random repeated complaints to child protective services that I was strapping my then 4 month child to the dog.)  Oh, let’s not forget his disbarment.

    Now, bear in mind that all told his success rate is exactly 0.00 percent.  He has not succeeded on even one motion.  But that was never his goal, as he made clear in an email sent on June 28th:

     

    On Tue, 6/28/16, Daniel Bernath <[Redacted]> wrote:

    Subject: RE: American Legion threats of murder***Criminal complaint against American Legion defendants, Mark Seavey, Jonn LIlyea, Don Shiplety, etc. American Legion attempted murders continue: Meet Confer/stop trying to kill me/ postpone hearings till Plaintiff hi
    To: “‘Jonn Lilyea’” <[Redacted]>,[Redacted, but it was Wittgenfeld]
    Cc: “I. M. M. I. eXpose’ American Legion Vigilantes Unmasked” <immiexpose@americanlegion.is>
    Date: Tuesday, June 28, 2016, 1:13 PM

     

    It is not about winning motions (Shipley faces trial in 4 states).  It is about stopping you. (by the way, the Court of Appeal will overturn the set aside of Shipley’s stating that he will ignore the lawsuit as a litigation tactic…Shipley has that appeal to lose in the future)

    Whats our score card?

    TSO shuts the fuck up for fear he will have his additional words shoved up his ass…..the courts are just another tool.  Free for us.  Expensive for you with the additional risk that you’ll lose everything. 0 for 40. Nah.  You lost.  We won.

     

    Now, I don’t want to make this blog posting 8,000 words long, but I did want to defend myself in a public forum on some of the fabricated claims these guys are making about me on their various websites. At one point we were tracking about 7 websites, but they keep getting shut down.   They still post to some Web Apps page, and they have thisainthell.is but that’s basically it. DO NOT GO TO thisainthell.is or at least not without recognizing that it is literally full on gay porn. Literally. They seem to have a fascination with it. But you don’t want to go there, there’s nothing particularly relevant about their ramblings.

    They are claiming in court documents and emails that they don’t run those sites.  Luckily for us, they didn’t know what they were doing when they set it up, so we have all the proof we will need it is them.  Not going to lay on more than that so they can close the loophole, but trust me, their setting up websites was done with the expertise we’ve come to expect from them.

    But I did want to answer some of the allegations Bernath is making about me.  I was just going to let the legal system do it for me, but it’s taking damn near forever, as it does, so I am going to pick some gems out of his latest filing, and just tell the truth, so you can see the nonsense I need to deal with.

    BERNATHIAN concoction:

    Defendants have admitted that they tormented six veterans to suicide….

    But, my Legion is comprised of some highly trained killers who miss the excitement of combat and look for the thrill by tormenting victims to death like Ike Densmore and Jerome Andronsky and me. Obviously mentally ill Veteran Andronsky killed himself with a shotgun in his mother’s home on a military base after the Legion’s mercilessly tormenting him.

    The number alternates, often in the same filing between three veterans who Bernath claims we’ve forced to suicide, and six.  The only ones ever mentioned by name are Densmore and Androsky.  Now, the problem for Bernath here is that he’s filing this in a copyright, defamation, and intentional infliction of emotional of distress case against the American Legion and me, personally.  I don’t believe I’ve ever written about Densmore.  I could be wrong, I might have left a comment or something, but I can’t even find that.  As far as I know, I had never even heard of the guy until after he killed himself.  And he killed himself only after a TV station did an entire story about his lies.  I do know it had nothing to do with me, and certainly nothing to do with the Legion.  Plus, again, it has absolutely nothing to do with a copyright infringement or the other issues in our litigation.

    Androsky (Bernath uses “Andronsky” for some reason), as far as we can tell, didn’t even commit suicide.  According to what we’ve been told he passed away from acute heart failure, not a shotgun blast.  He fought a lifetime of addiction to drugs which ended up killing him, not our blog.

    But even assuming you count those two.  Who is the other one (or four)?  Where did numbers come from?  We’ll probably never know, because this has absolutely nothing to do with the case at hand.  One thing I do know, Bernath can’t point to anything I’ve ever written where I admitted to “torment[ing] six veterans to suicide.”  The only time I discuss suicide is when it was a person in my unit, and that’s something I deal with on a personal level.  It’s certainly not something I would joke about or take credit for.

     

    BERNATHIAN concoction:

    Mark Seavey has been found guilty of being a sexual predator by Maryland judge Patricia Mitchell on 03/20/2015…. As Mark Seavey is a convicted sexual predator, of course his employment would be closely scrutinized.

    In fact, no, not even close.  This is a reference to the restraining order that Karen Williams got against me.  As the judge in that case made ABUNDANTLY clear even in agreeing to the restraining order, I never went near Ms. Williams, never spoke to her, never called her, and the only email sent to her was one where I “replied to all” on an email from her husband wherein he was threatening me.  In short, I couldn’t be a sexual predator, as I’d never met, seen, talked to, or to my knowledge, been within 50 miles of her.

    But let’s back up anyway.  A restraining order hearing is a civil hearing, not a criminal one.  Any first year law student knows that.  And people are not found “guilty” in a civil hearing.  The restraining order was granted for third-party comments that made Ms. Williams *fear* something might happen.  Not only did I not write them, I didn’t even know about most of them.

    We immediately appealed because federal law says that interactive website companies and blogs are immune from comments made by third parties.   That appeal would have been heard in late July of last year, but Ms. Williams failed to appear and the entire restraining order was VACATED.  Which means all this nonsense isn’t true in any way, shape or form.

    BERNATHIAN concoction:

    Mark Seavey, using the American Legion website and using the facilities of the nat’l headquarters of American Legion, https://www.azuse.cloud/?p=32505 posted child pornography and Mark Seavey put such evidence of his crimes into this Court’s file as evidence.

    If you go to the link he puts in there, and I’m going to assume you are rational, you will discover two things: 1) it is not child pornography, and 2) they were WWII recruiting posters, made by the US Government.  On top of that, Bernath adds this graphic (deleted).

    B1

    He has pictures in there that aren’t in that post, and he’s inserted a computer disc with my name and “child porn collection.”  Now, where did that picture originate?  From his own website, the now defunct “A Special Day Guide.”  Again, none of this has anything to do with copyright infringement or our cases, he’s just trying to make me look bad.

    Which brings me to his other allegation of child porn.  At one point a commenter got very upset with Bernath and said something dumb.  I don’t really fault him for it, because Bernath is a master of poking the bear.  This commenter allegedly said something about Bernath’s adult daughter, and something he would do on her picture.  Bernath uses this against me all the time.  There are of course problems with that theory as well, not the least of which being 1) I never saw the comment itself, it was deleted and replaced with an apology before I was even aware of it, and 2) Bernath’s daughter isn’t even close to being a minor.

     

    BERNATHIAN concoction:

    Defendant Mark Seavey has stated in his publications on the internet that (1) he masturbated with minor Australians, (2) that he was “chronic” in his masturbations when he was in the war zone, purportedly protecting our country and (3) that as a sergeant he permitted his men to masturbate in all 26 guard towers, rather than do his duty as their supervisor to make them watch for the enemy to protect the sleeping troops instead of looking at pornographic magazines. This is what Mark Seavey wrote-not me.

    In fact, not one of those things is true.  His source on this is Media Matters, so some back story may help elucidate a bit.  When I returned from Afghanistan I was in a closed (not public) forum with other veterans and veteran supporters who were conservatives.  We talked about a lot of things.  The proverbial locker room talk (I know this is a bad time to use that reference) if you will.  Anyway, at one point there was some fight between two administrators and one made the forum public, and everyone got angry, and then it got deleted entirely.  Somewhere in that week, Media Matters grabbed some things I had purportedly said, because I had been in the news for the Murtha thing.  The problem is that some of the stuff they grabbed was not even me.  So at the time I wrote to them and said I would own up to what I said, but some of the stuff is inaccurate.  To their credit, they did correct some of it, and they moved the whole thing to a different page.  I wrote again letting them know it was still wrong but never heard back.  But being attacked by Media Matters sounded fine with me.

    But to the actual allegations from Bernath.  Again, he has misquotes from a third party, which makes it hearsay anyway, which is why I’ll never get to defend this stuff in court.

    As for Aussies, I have no idea what the hell he is talking about.  I did work with some SAS guys at one point (we were co-located for something.)  At the time the big thing in Australia was a play called “Puppetry of the Penis.”  If you haven’t met SAS guys, they are AWESOME, and a bit out there.  But, and I cannot stress this enough, I never masturbated with anyone, not Australian or anyone else, and why would there be minors in a war zone?  That doesn’t even make sense.

    The second thing about “chronic” is I actually have no memory of saying it.  I am purported to say “we were chronic over there.”  That actually sounds viable, as any Joe deployed would tell you.  But by “we” I meant the US Military in general, not me specifically.  And why would it have bearing on anything anyway?

    The third thing, about permitting my men to masturbate in towers is beyond idiotic, as is the thing about doing it in all 26.  I know one guy who did accomplish that feat, and he wasn’t in my squad, and I had no authority over him.  And I didn’t know he’d done it until he announced it at the end.  No one took pornographic magazines into the towers that I am aware of, they weren’t even allowed in theater (although they were there), and we did full inspections before going out on shift.

    Besides which, I was only a sergeant of the guard on towers for like 6 weeks.  And during that time there were no major attacks on the base, and certainly none that came about as a result of the troops not being adequately attentive.

    None of this has ANY bearing on a copyright claim or our cases, but it is him trying to somehow embarrass me.  Well, epic fail.

     

    Two other things that actually come from other documents, and then I’ll start to wrap this up:

    BERNATHIAN concoction: (From a filing on 10/11/16)

    B2

    No, no, he is not a licensed lawyer anymore. He has been disbarred from California, was denied entry in the Oregon bar, and as a disbarred attorney he is no longer allowed to represent claimants before the VA.

    Here is the VA Accreditation of Bernath, LINK HERE.

    HOWEVER, from the Federal Register:

    Finally, we amended the regulation to clarify that an agent or attorney must notify VA within 30 days of any change in status in any jurisdiction in which he or she is admitted to practice. This is necessary because 38 U.S.C. 5904(a)(4) prohibits VA from recognizing an agent or attorney who has been suspended or disbarred and VA may not otherwise become aware of the suspension or disbarment until many months after the fact.

    Further,

    The plain language of section 5904(a)(4) prohibits VA from recognizing an individual as an agent or attorney if such individual has been suspended or disbarred by any court, bar, or Federal or State agency to which the individual was previously admitted to practice and has not been subsequently reinstated. The statute contemplates a situation in which an attorney has not been reinstated after suspension or disbarment because he or she has been deemed ineligible for reinstatement by the admitting authority.

    Dan Bernath was officially disbarred on 8/28/16 and per 38 U.S.C 5904 (a)(4) he was directed to notify the Department of Veterans Affairs of this status change within 30 days. It has now been 50 days.

    [ON EDIT:  It looks like he was supposed to notify them even earlier.  He was declared “Not Eligible To Practice Law in CA” on 9/28/15, which means it has now been 388 days since he was suspended, meaning he’s 358 days past due on notifying them.]

    The VA helpfully states that:

    Complaints regarding unlawful activities, misconduct, or incompetent representation by a VA-accredited individual may be emailed to ogcaccreditationmailbox@va.gov, faxed to (202) 273-0197, or mailed to the following address:  Department of Veterans Affairs, Office of the General Counsel (022D), 810 Vermont Avenue, NW, Washington, DC 20420.  Complaints may also include information regarding an accredited individual’s suspension or disbarment by any court, bar, or Federal or State agency to which such individual was previously admitted to practice.

    Now look, I could go on fact checking his nonsense for a long time here, and I’m just not going to do it. I literally have 3 ring binders FULL of stuff on him. In fact, we screen shot every single thing that he, Wittgenfeld and Cryer comment on, change or add to any of their websites. Dating all the way back. I’ve got so much evidence it would take a cement truck to transport it to the court room. But I did want to touch on two last things.   The first is how he always brags about what a great attorney he is. He’s somehow convinced Wittgenfeld that he’s winning all these motions, the court is seeing it his way, and the pot of gold is right around the corner.   Well, just to show how great an attorney Bernath is, I want to include one footnote from our recent filing, that shows just what a legal genius he is. Warning, this is dry legal stuff, but it shows how many times he’s violated the rules of procedure, and how many times the court told him to stop doing that:

    See in the First Lawsuit: this Court’s Order (Doc. 19) at pp. 1-2: “For Mr. Bernath’s benefit, although he is proceeding pro se in this matter, he still must comply with the Middle District of Florida Local Rules and Federal Rules of Civil Procedure. See Loren v. Sasser, 309 F.3d 1296, 1304 (11th Cir. 2002) (noting that despite certain leniency afforded pro se parties, they must follow procedures).”; see this Court’s Order (Doc. 30) at p. 1: “A portion of Plaintiff’s Opposition and the Supplement in its entirety subsequently were ordered stricken by the Court for failure to comply with the Local Rules. Doc. 19.” . . . “FN 1 The genesis of Plaintiff’s opposition is that Mr. Mason has been subject to undisclosed disciplinary action. Mr. Mason’s Reply assures the Court that such allegations are false, and that he is not now, nor has been, subject to discipline. Doc. 27.”; see this Court’s Order (Doc. 33) at pp. 1-2: “Plaintiff neither sought nor was permitted leave to file a surreply. Plaintiff previously was cautioned that, although he is proceeding pro se, he still must comply with applicable federal and local rules.1 Doc. 19 at 2. … Plaintiff’s surreply therefore will be stricken for failure to comply with the Local Rules. Plaintiff previously has had filings stricken by the Court for failure to comply with the Local Rules. See Doc. 19. Plaintiff therefore is cautioned that continued failure to comply with the Local Rules may result in the imposition of sanctions.” … “FN 1 In the Declaration of Daniel A. Bernath in Opposition to John Mason Appearing Pro Hav [sic] Vice, Plaintiff states, “I am a member of the California Bar, having been admitted nearly 31 years ago. I am also a member of the US District Court Bars for the Central and Northern District and the 9th Circuit Court of Appeals.” Doc. 14 at 4. Plaintiff therefore should not be a stranger to courts’ expectations that parties follow federal and local rules.”; see this Court’s Order (Doc. 40) at pp. 1-2: “Plaintiff repeatedly has been cautioned that, although proceeding pro se, he still is required to conform to federal and local rules. See, e.g., Doc. 19 at 2; Doc. 33 at 1-2. This now will be the third filing of Plaintiff’s that the Court has stricken for violation of the Local Rules. See also Docs. 19, 33. In the Order striking Plaintiff’s reply, filed without leave of Court, Plaintiff was “cautioned that continued failure to comply with the Local Rules may result in the imposition of sanctions.” Doc. 33 at 2. Despite the cautionary language, Plaintiff again has failed to comply with the Local Rules. The motion therefore will be stricken. Plaintiff again is cautioned that failure to comply with the Federal Rules of Civil Procedure and this Court’s Local Rules will result in the imposition of sanctions, up to and including the Court recommending that this matter be dismissed for repeated failure to comply with Court orders.”; see this Court’s Order (Doc. 58) at page 3, footnote 3: “Plaintiff is reminded that he initiated this lawsuit and has a duty to comply with the court orders and local rules . . . (“A district court has authority under [Fed. R. Civ. P] 41(b) to [as a sanction of last resort] dismiss actions for failure to comply with local rules.”); and, see this Court’s Order (Doc. 66) at p. 1, FN 1: “On November 23, 2015, without leave of court and in contravention to M.D. Fla. R. 3.01(c), Plaintiff filed a second response in opposition. Doc. 57. Plaintiff repeatedly has been cautioned by this Court that, although proceeding pro se, he still is required to conform to local rules. See, e.g., Doc. 40 at 1 -2; Doc. 33 at 1 -2, Doc. 19 at 2. The Court, therefore, will not consider Plaintiff’s second opposition (Doc. 57)”; and, see this Court’s Order (Doc. 84) at p. 2: “this is Plaintiff’s last warning for non-compliance with the federal and local rules; future non-compliant filings may be stricken without further warning.”

    And the last thing I want to add is a full listing of all the things that Bernath is specifically claiming against me, but elsewhere he makes almost all of these claims against everyone else involved in the various cases, including the Legion. This list isn’t even exhaustive, it is just from one filing. From assassination attempts to IED coconuts to my being a hitman for MS13, the guy just specializes in coming up with Ludlumesque conspiracy theories:  [Editor’s note, I’ve slightly edited our actual document here so that you get bullets, because the formatting the other way, while accurate for filings, makes it hella hard to read in a blog post.]

    • that Seavey committed acts of domestic terrorism and sabotage at Page Field airport (Par. 1, 16);
    • that Seavey’s function at the Legion is to terrorize veterans (Par. 8);
    • that Seavey was tasked with unlawfully investigating veterans in the course and scope of his employment with the Legion (Par. 9);
    • that Seavey committed torts, made defamatory statements, operates a trinket business, and has committed illegal practice of law and illegal investigations in Florida (Par. 16, 17);
    • that Seavey influenced an election or campaign, advertised, and sexually harassed someone in Florida (Par. 17);
    • that Seavey is an agent, joint venturer or employee of any Defendant other than being an employee of the Legion (Par. 23);
    • that Seavey by clear and convincing evidence has committed coercion, intimidation, threats and/or other harm to plaintiff in violation of Statutes § 874.06 (Par. 25);
    • that Seavey by clear and convincing evidence has injured Plaintiff for violations as set forth in Statutes §§ 772.11et seq. (Par. 26);
    • that Seavey does systematic and continuous business in Florida (Par. 27);
    • that Seavey ambushed Plaintiff at his home, videotaped him, and posted said videos on the internet, (while including photos of Don Shipley and Diane Shipley with a video camera, people who have very limited connections to Seavey) (Par. 31 – 34);
    • that Seavey sabotaged Plaintiff’s plane and attempted to murder him (he includes photographs and maps in a preposterous attempt to allege false, frivolous and scandalous claims) (Par. 31 – 42, 111);
    • that Seavey attempted to murder Bernath, (Par. 35);
    • that Seavey severed the fuel line of his aircraft (Par. 36);
    • that Seavey added a deadly substance to the fuel tank of Bernath’s airplane (Par. 38);
    • that Seavey and/or his employer the Legion attempted to murder him and his flight instructor (Par. 34 – 42);
    • that Seavey ambushed and confronted Bernath at his home in Ft. Myers, Florida (Par. 46);
    • that Seavey referred to stalking and harassment of Bernath as “Operation Shipley” (Par. 47);
    • that Seavey’s employer the Legion through its agent Seavey had something to do with someone threatening to deface a photo of Bernath’s daughter (Par. 23, 53);
    • in a disgusting continuation of his defamation and inclusion of scandalous and false material in his filings, Bernath claims that Seavey’s employer the Legion through its agent Seavey “hosts” and “advocates” child pornography, torments, taunts and urges U.S. military veterans to suicide (Par. 23, 53);
    • that Seavey is an agent of his employer the Legion who commands and controls a terrorist group (and then Bernath strings together a flurry of unattributed and sourceless language, falsely states that Seavey has driven three U.S. military members to suicide, and that his employer the Legion demanded he pick up the pace on tormenting U.S. military veterans) (Par. 8, 23-25, 53);
    • that Seavey’s employer the Legion through its agent Seavey picked Plaintiff out two years ago as a victim to “get” Bernath to “self-murder” and that Seavey and his employer the Legion is targeting him to torment him to “self-murder” and targeting him for actual murder (Par. 23, 67, 73);
    • that Seavey is the leader of a terrorist gang with uniforms run by his employer the Legion and that Seavey and/or the Legion sent terrorists to his home (Par. 8, 23, 69, 73);
    • that terrorists under Seavey and his employer the Legion’s command and control have stated that they take orders to terrorize him from Seavey and the Legion, and that Seavey and the Legion put Bernath’s face on photographs, including a “homosexual gang rape photograph” (Par. 8, 70, 134);
    • that Seavey’s employer the Legion itself or through its agent Seavey filed bar complaints with the Florida and California bars and sought to have Plaintiff’s Legion membership revoked (Par. 23, 72, 111);
    • that Seavey’s employer the Legion through its agent Seavey threatened to murder Bernath, published his address online, came to his home and knocked on the door (Par. 23, 74);
    • that Seavey’s “soldiers” contacted the Veterans of Foreign Wars or reporters (Par. 85);
    • that Seavey has command and control of trained-to-kill veterans, mocked Bernath’s family, sent intimidating or threatening messages to Bernath (Par. 86-89);
    • that Seavey intentionally and knowingly made and communicated false and malicious statements to hundreds, if not thousands, with intent to injure Bernath, that injured Bernath’s reputation and caused him damage (Par. 91 – 92);
    • that Seavey made and took extreme and outrageous statements and conduct, causing Bernath injury (Par. 95-100);
    • that Seavey lied about Bernath or caused him damage from among other things watching his wife lose control of her bladder on the floor (Par. 101);
    • that Seavey committed “Civil Assault/Attempted Murder” and intentional criminal acts and that Dan Hyatt is a Seavey gang member (Par. 102-104);
    • that Jonn Lilyea is Seavey’s “partner” and that Seavey sabotaged Bernath’s plane (Par. 23, 105-110);
    • that Seavey’s “gang members” took and published Bernath’s social security number and other identifying information and obtained loans in Bernath’s name, read his confidential VA medical files, and stole Bernath’s identity (Par. 23, 108);
    • that Bernath is a candidate for National Commander of Seavey’s employer the Legion (when he has never qualified as a candidate for any national Legion office, or even attempted to qualify for any national Legion office, and the Legion elections were held in the last few months and Bernath was not a nominee, candidate or elected) (Par. 111);
    • that Bernath’s non-existent candidacy for National Commander of the Legion has a “reform” platform that will end the “many” child molestation and embezzlements throughout the Legion (Par. 111);
    • that Seavey and/or his employer the Legion revoked Bernath’s membership or had his judge advocate position revoked to block his assuming national office as National Commander (Par. 23, 111);
    • that Seavey hacked a Bernath website, or any website (Par. 112);
    • that Seavey contacted Bernath 24 hours a day, entered his property and videotaped him in his home (Par. 99 on page 81);
    • that Seavey placed Bernath in fear of batteries (Par. 100 on pg. 81);
    • that Seavey placed Bernath’s image on shirts and sold them (Par. 102 on pg. 81);
    • that Seavey is an agent of his employer the Legion who has been ordered to “not rape” an individual (Par. 23, 114);
    • that Seavey damaged Bernath’s airplane (Par. 142);
    • that Seavey contacted Bernath by phone and published a recording of that call (Par. 145); and
    • that Seavey broadcast video of Bernath on the internet (Par. 149).

    In case you were wondering, every single thing that Bernath claims in that last part is 100 percent false. But you knew that already.

  • Warning order: Long post coming about our legal nonsense, coming at 1000 tomorrow

    I think you’ll enjoy it.  It’s super long, but you’ll get a better idea of all the bullshit that happens behind the scenes.

    BTW- The DRC says I don’t post here anymore because they scared me off.  Yeah, not even a little.  Dude, I have a 15 month old and every spare second I have, I try to sleep or remember what quiet was like.

    Also, the morons think there’s a huge wedge between my employer and me.  To say that is laughable is being generous.

     

  • 72 years ago today conscientious objector Desmond Doss receives Medal of Honor

    72 years ago today conscientious objector Desmond Doss receives Medal of Honor

    Cross posted from paying home.

    Desmond Doss is truly one of the most extraordinary Americans to ever serve.  Some people might disagree with his pacifist beliefs (as I do) but what you can’t disagree with is that this is one of the more incredible Medal of Honor citations you’ll ever read:

    He was a company aid man when the 1st Battalion assaulted a jagged escarpment 400 feet high. As our troops gained the summit, a heavy concentration of artillery,mortar and machine gun fire crashed into them, inflicting approximately 75 casualties and driving the others back.

    MoH.doss

    Pfc. Doss refused to seek cover and remained in the fire-swept area with the many stricken, carrying all 75 casualties one-by-one to the edge of the escarpment and there lowering them on a rope-supported litter down the face of a cliff to friendly hands. On May 2, he exposed himself to heavy rifle and mortar fire in rescuing a wounded man 200 yards forward of the lines on the same escarpment; and 2 days later he treated 4 men who had been cut down while assaulting a strongly defended cave, advancing through a shower ofgrenades to within eight yards of enemy forces in a cave’s mouth, where he dressed his comrades’ wounds before making 4 separate trips under fire to evacuate them to safety. On May 5, he unhesitatingly braved enemy shelling and small arms fire to assist an artillery officer. He applied bandages, moved his patient to a spot that offered protection from small arms fire and, while artillery and mortar shells fell close by, painstakingly administered plasma. Later that day, when an American was severely wounded by fire from a cave, Pfc. Doss crawled to him where he had fallen 25 feet from the enemy position, rendered aid, and carried him 100 yards to safety while continually exposed to enemy fire. On May 21, in a night attack on high ground near Shuri, he remained in exposed territory while the rest of his company took cover, fearlessly risking the chance that he would be mistaken for an infiltrating Japanese and giving aid to the injured until he was himself seriously wounded in the legs by the explosion of a grenade. Rather than call another aid man from cover, he cared for his own injuries and waited 5 hours before litter bearers reached him and started carrying him to cover. The trio was caught in an enemy tank attack and Pfc. Doss, seeing a more critically wounded man nearby, crawled off the litter; and directed the bearers to give their first attention to the other man. Awaiting the litter bearers’ return, he was again struck, by a sniper bullet while being carried off the field by a comrade, this time suffering a compound fracture of one arm. With magnificent fortitude he bound a rifle stock to his shattered arm as a splintand then crawled 300 yards over rough terrain to the aid station. Through his outstanding bravery and unflinching determination in the face of desperately dangerous conditions Pfc. Doss saved the lives of many soldiers. His name became a symbol throughout the 77th Infantry Division for outstanding gallantry far above and beyond the call of duty.

    There’s a movie coming out by Mel Gibson about Doss, and there’s a fairly good documentary that alas has mostly subtitles and such.  But here are two videos, one about Desmond himself, and the second is a preview of the forthcoming movie:

  • Point of personal privilege: NFL Smack Talk

    Suck it everyone in the NFL. The kill everybody tour rolls on.

    kill everybody

    Pats

    H/t to someone I don’t want to “out”.

  • Lance “The Turd” Whipple gets slap on wrist

    Lance “The Turd” Whipple gets slap on wrist

    The criminal justice system just sucks.

    But let’s back up. First, Lance would tell everyone in East Lansing Michigan what a war hero he was. He’d run around like a no talent assclown wearing a top gun jacket and generally be the bowl swirling turd he is. He’d even go to hospitals to give the patients some cheer at being visited by a festering shitstick.

    Lance Whipple (5)

    Then his wife decided to defend him, which is always a Top Gun move. And with that, he submitted the most obviously fake DD214 since Jesse MacBeth.

    Whipple DD214 2

    Whipple DD214 1

    I’ve seen better looking DD214’s written in crayon. In reality, his service was less PJ and Pilot for 30 years, and more 35 day basic training washout.

    The comments from his noble wife and champion Heidi were AWESOME:

    Heidi Smith Whipple · Okemos, Michigan

    I am Lance ALLAN Whipples wife. Not lance allEn wife. Got to tell you there were only 4 people at his wedding. His mom and dad would never post those photos since we burried Dad yesterday. Lance and I dont have those photos since his ex wife left him and took everything. Im pretty sure I can crop her out jussssst a bit more for a great wall pick. Other than that, Military Affairs, Jag, a personal attorney and looking at Michigan State Police. As his wife….Im not letting this go. Who ever started this, I promise to bring to military law or my state law. I promise you I will not stop. I will push every button I can to get to the bottom of this. Then there is another court…Its called CIVIL. We receive a pention from the military for what he did. Momma is not done with you. just know.

    And…

    Heidi Smith Whipple · Okemos, Michigan

    You have it wrong sir. And Yes as his wife. Im coming for you. And all involved. Unfortunatly for you Lances RECRUITER owns a PX store and is now looking at our son. I guess his recruiter can call and verify to you as a recruiter. Mail me back ill make it happen for you. We have nothing to hide. Im coming for who gave you this false information. Every month we collect his pention you idiot. I am from Peach Creek West Virginia and I will not stop untill you pay for what you have done to us. He was a PJ then NCO to Officer and those dd214 are authentic. I even agreed to mee with you. At this point sir, its not going to be good for you. I trusted you. I gave you things. You screwed me for what? Why did you do that? I notice your site asks for donations……is that it? Should I pay you more than the person that did this to us? U spelled his name wrong. But the guy u spelled wrong…awww was kinda of a hero…. u will find out later on that one. I tried to work with you. You and I both know where those pictures came from. You have no valor yourself. You are a paid whore.

    The word, madam, is gigolo. It is “Jonn Lilyea, European (and Asiatic, Innuit and Middle Eastern) gigolo”. Besides, what exactly is a “paid whore”? If you don’t get paid you aren’t a whore, isn’t that kind of redundant?

    But, as with all heroes, their time comes. In Lance’s case, it was when the pararescueman/pilot suppurating lesion on the ball sack of humanity decided to carry some weapons, despite being a felon.

    Whipple court>

    And so we last left you. With a big court date coming up, and potentially years in prison. Best served cold and all that…

    Except, he ended up with 2 days in prison. Two days.

    Whipple sentence

    If, as Charles Dickens suggested, “the law is an ass” than Lance Whipple here is the orifice. He’s like the Lindsay Lohan of Stolen Valor. Every time he tries some new BS he gets a slap on the wrist. It’s positively infuriating.

    Mark my words, he’ll be running scams again in no time. And Heidi will be there standing by her man.

    PS: According to the prosecutor, he did not try to use his fake military service to get leniency. When you only get two days for being a felon in possession of a gun, I have to wonder what leniency would look like in Michigan. Turn down and room service in the Holiday Inn that you serve your two days in?

  • Proof of life

    I keep hearing that a gaggle of boobs is saying they scared me away from TAH, or that I’ve been fired, or on a mission for MS13.   The last one makes perfect sense because I don’t speak Spanish, have 20/400 vision, can’t even speed without getting caught and only shot expert when I had an ACOG.  But I digress.

    The truth is I am just busy as hell.  Main reason is the little creature who came into my house and keeps pooping and screaming.  As a result, I try to sleep about 10 hours a day.

    Violent

    Also, my travel schedule is beyond ridiculous.  Like, nearly constant.  In the past month I’ve been to Lake Havasu Arizona, Louisville Kentucky, Freedom Indiana (to interview the real Forrest Gump, MOH Sammy Davis) and Gainesville Texas.  Then this past weekend I went to Dallas.  Next week I am in Ely, Minnesota, 2 weeks later at SW Minnesota State, then a day off and Radford Virginia for a week.  Then Newnan, GA, DC for 10 days, then the Grand Canyon and Louisville again.  So literally I am on the road about 75% of the time.

    So apologies on not many posts.  As I need not tell you (those of you rational anyway) I don’t get paid to blog here, and kids aren’t cheap.  (Did you know they shit about 9 times a day?  And did you know my wife somehow never smells it and accidentally hands me the baby immediately afterward?)

    So here I am today with proof of life, and to drop some knowledge on you.

    Musical tastes are different for everyone.  Obviously Irish Punk is the best, but there’s a few other songs out there that are highly underrated.  I’m telling you what the Top 10 are.  If you disagree with them, you clearly are wrong.  (I’m told I order you people around and you do whatever I say, so from now on, these are your favorite songs.)

    #1)  Bad Touch, Bloodhound Gang

    Classic song. It has monkeys, midgets, doggie style, and the redhead that would be my second wife if I were to ever live through the first one.

    #2) Brimful of Asha, Coronership

    Somehow I missed this song when it came out. I think I was in Bosnia. But whoever wants to argue that you don’t need a bosom for a pillow really needs to check their selves.

    #3) Sail, AWOL Nation

    I don’t know man, something about this song makes me want to just run through a brick wall. The Vikings trailer with it made me want to take to the seas and invade Angleland.

    #4) Run Around, Blues Traveller

    You could argue which song of Blues Traveller to use here, but you have to include them. John Popper had a heart attack in a hot tub during a threesome. That means you make every list forever.

    #5) What’s up, 4 Non Blondes

    I find this singer chick intriguing. I honestly can’t tell if I think she’s hot, or just a dirty hippie. But the song is straight $$$.

    #6) Stubborn Love, Lumineers

    This may be sneaky my favorite non-Irish song of all time. Probably my favorite band on regular radio right now too.

    #7) Johnny I Hardly Knew Ya, Dropkick Murphys

    You didn’t for a second think this would be Irish free did you? I cut it down to only 2 Irish songs, but this is another one that gets me fired up.

    #8) The Impression That I Get, Mighty Mighty Boston’s

    The pride of Beantown, it always amazed me these guys didn’t become bigger than they are. This song is straight fire.

    #9) Steady as She Goes, The Raconteurs

    This song isn’t much on lyrics, but the sound is just kick ass.

    10) Within a Mile of Home, Flogging Molly

    Every workout playlist should end with this one. If you don’t listen to it, you are probably a communist.

    So anyway, those are the top 10 underrated songs of all time.

    And if you disagree, you are probably a member of ISIS.

    In truth, just wanted to check in, since some folks had emailed to make sure I was good. I am, all is great in my life. Jonn owns and runs the best military blog on the internet, so I try not to screw it up with my jackassery too often, but did want to check in with y’all.