About wjjhoge

An expert on nothing with opinions on everything.

Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin began one of his whiny pleadings in his vexatious Kimberlin v. The Universe, et al. RICO Madness with this—ECF 49-1Well, that’s wrong.

OK, it’s true that I write about TDPK every day, and I intend to do so every day until he is brought to justice. It’s not true that I write false things about him, at least, not on purpose. I have occasionally made errors, and I when I do, I promptly publish corrections. For example.

Recently, this blog published documentary evidence of Brett Kimberlin’s forgeries of multiple documents submitted as exhibits to pleadings in three lawsuits. He has admitted to forging a summons in the RICO Madness and a Certified Mail green card in the the state Kimberlin v. Walker, et al. nuisance suit. He has admitted in open court that he has never paid the fee for Restricted Delivery with any of his mailings. That admission against interest essentially proves that the other green cards with the Restricted Delivery box marked are bogus.

BaghdadBlob20140113Hogewash! has not been the source of the false narrative being spun about service of process in TDPK’s anti-First-Amendment lawsuits.


You can help my codefendants in the Kimberlin v. Walker, et al. lawfare (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me defend our First Amendment rights from TDPK’s attack. Go to Bomber Sues Bloggers to find out how.

Surveyor 3 and Apollo 12

Surveyor3_Apollo12On 17 April, 1967, NASA launched the Surveyor 3 spacecraft on a mission to the lunar surface. 2-1/2 years later, it was visited by Apollo 12 Commander Charles Conrad Jr. and astronaut Alan L. Bean, who took this picture. The Apollo 12 Lunar Module is visible in the background at right. It landed about 600 feet from Surveyor 3 in the Ocean of Storms. Using a surface sampler to study the lunar soil, Surveyor 3 conducted experiments to see how the lunar surface would support the weight of an Apollo lunar module. This moon lander, which was the second of the Surveyor series to make a soft landing on the moon, also gathered information on the lunar soil’s radar reflectivity and thermal properties. It transmitted more than 6,000 photographs of its surroundings back to Earth. The camera and several other pieces of equipment were removed from Surveyor 3 and brought back to Earth for examination.

Image Credit: NASA

Team Kimberlin Post of the Day

Here’s the Cliffs Notes version of the hearing for those Gentle Readers who don’t want to slog through the entire 9 April transcript from the Kimberlin v. Walker, et al. nuisance lawsuit during which The Dread Pro-Se Kimberlin admitted that he forged an exhibit in the case by altering a Certified Mail green card. He added a check mark to indicate that the card was for Restricted Delivery.

THE COURT: This is about the exact same brief green card being filed—the support motions you filed, the different docket entries, one showing the restricted delivery box checked and one not.

MR. KIMBERLIN: Your honor, like I said I asked the post office to send it restricted delivery.

THE COURT: You’re not answering my question.

MR. KIMBERLIN: Yes, I changed—

THE COURT: Did you change it?

MR. KIMBERLIN: Yes, I did.

THE COURT: And then you filed it representing that it accurately reflected the green card that had been filled out.

MR. KIMBERLIN: No, no, no, I filed it and accurately—it accurately reflected what I told the post office to do and that’s what it is. Like I said I’m a pro se litigant and—

THE COURT: Don’t even use that with me.

MR. KIMBERLIN: Okay, okay—

THE COURT: You know it’s one thing to say I’m pro se so I don’t understand rules or I don’t understand how to get something in and the rules of evidence and another thing to alter something and file it. I’m reading your motion right now to see exactly what you represented it to be when you filed it again at docket entry 59 so give me a minute.

So, in your motion at docket entry 59 and 60 at paragraph seven, you say, “Plaintiff does not need to provide an affidavit because the documents on which this motion is based are prima facie evidence, an official ticket from the Fairfax County Sheriff, Postal Service envelopes with tracking numbers, and a statement by defendant Akbar whom [unintelligible] sworn under the penalties as perjury.” So, you’re telling me that when you attached these copies of the green card, you weren’t intending to represent that those were accurate?

Earlier in the proceeding, TDPK also admitted that he has never paid for Restricted Delivery for any of his mailings.

MR. KIMBERLIN: I did not change them intentionally. When I go to the post office, I ask them to do it so it’s registered or whatever it’s called, restricted delivery, and they did not do it. He’s saying that there’s an extra fee. I’ve never paid an extra fee for restricted delivery.

That admission calls into question the validity of several Certified Mail green cards submitted by TDPK in both the Kimberlin v. The Universe, et al. RICO Madness and the Kimberlin v. Kimberlin Unmasked copyright trolling.


Sanctions Hearing Transcript

Here is the transcript of the 9 April, 2014, sanctions hearing in the Kimberlin v. Walker, et al. nuisance lawsuit.

You can help my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me defend ourselves from The Dread Pro-Se Kimberlin’s vexatious attack on our First Amendment rights. Go to Bomber Sues Bloggers to find out how.

UPDATE—It seems that the news of the hearing on the 9th is getting around and that some of the other defendants in the RICO Madness would like to bring it to the attention of Judge Grimm.

Such a Deal!

The Cabin Boy™ has a new book coming out on 8 May. It’s called My Slow, Journalistic Death. If you buy a copy of it or any of Bill Schmalfeldt’s other books through the Amazon link here at Hogewash!, I will donate my commission from Amazon and a matching amount to the National Parkinson Foundation. This offer is good through the end of May, 2014. Click on the Amazon link on the Home page to make your purchase.

As Stacy McCain says, “The easiest way to discredit Bill Schmalfeldt is to quote Bill Schmalfeldt.”

Irony Alert

The Cabin Boy™ writes this about some advice he has received—P-O20140416Leaving aside the fact that the “harassment” the Cabin Boy™ thinks he has experienced was actually pushback against the harassment he has dished out, it’s interesting to see that Howard County’s idea of the equal protection of the laws is to tell him the essentially the same thing that they told the Walker family when they sought protection from Schmalfeldt’s online harassment.

The Rule of Lawless

That’s the title of an excellent short essay by Kevin Williamson over at NRO.

The relevant facts are these: 1) Very powerful political interests in Washington insist upon the scrupulous enforcement of environmental laws, and if that diminishes the interests of private property owners, so much the better, in their view. 2) Very powerful political interests in Washington do not wish to see the scrupulous enforcement of immigration laws, and if that undercuts the bottom end of the labor market or boosts Democrats’ long-term chances in Texas, so much the better, in their view.

Read the whole thing.

When you’re finished, take a look at this by George Will. His post deals with a fundamental disconnect between Conservatives and Progressives as described in a new book by Timothy Sandefur.

Progressives, who consider democracy the source of liberty, reverse the Founders’ premise, which was: Liberty preexists governments, which, the Declaration says, are legitimate when “instituted” to “secure” natural rights.

Progressives consider, for example, the rights to property and free speech as, in Sandefur’s formulation, “spaces of privacy” that government chooses “to carve out and protect” to the extent that these rights serve democracy.

Read all of this one too.

Gum 41

Gum 41In the middle of this little-known nebula called Gum 41, brilliant hot young stars are giving off energetic radiation causing the surrounding hydrogen to glow a characteristic red. The nebula is located 7300 light-years from Earth. Australian astronomer Colin Gum discovered it on photographs taken at the Mount Stromlo Observatory near Canberra, and included it in his catalogue of 84 emission nebulae, published in 1955. Gum 41 is actually one small part of a bigger structure called the Lambda Centauri Nebula, also known by the more exotic name of the Running Chicken Nebula.

Image Credit: ECO

Team Kimberlin Post of the Day

Here’ another example of The Dread Pro-Se Kimberlin’s carelessness in his pleadings. It’s from the prayer for relief in his proposed second amended complaint.ECF 100-2k$2,000.000 is two-thousand dollars. The last time I checked, $2,000 does not exceed $75,000.

That math error is not the only consequential problem with that claim.


New Moon?

new_moonThe Cassini spacecraft has documented the formation of a small icy object within the rings of Saturn that might be a new moon. It may also provide clues about the formation of some of the planet’s known moons.

Images taken with Cassini‘s narrow angle camera show disturbances at the very edge of Saturn’s A ring, the outermost of the planet’s large, bright rings. One of the disturbances is an arc about 1,200 km long and 10 km wide that is roughly 20 percent brighter than the surrounding ring.

The object is not expected to grow any larger, and may even be falling apart, but the process of its formation and outward movement in the ring aids in our understanding of how Saturn’s icy moons, including the cloud-wrapped Titan and ocean-holding Enceladus, may have formed in more massive rings long ago. It also provides insight into how Earth and other planets in our solar system may have formed and migrated away from the Sun.

Image Credit: NASA

Team Kimberlin Post of the Day

This is from The Dread Pro-Se Kimberlin’s latest pleading in the Kimberlin v. The Universe, et al. RICO Madness.ECF 119-6TDPK also insisted that the applicable statute of limitations on his false light claims was three years in an earlier pleading as well. He’s wrong.

According to his earlier filing, he asserts that Allen v. Bethlehem Steel is the controlling authority. He represented that case as being a decision by the Maryland Court of Appeals, our state’s highest court. It isn’t. As I pointed out in my reply to his opposition to my motion to dismiss—

In paragraph 2 of [his opposition] Plaintiff misrepresents the case law cited to the Court, asserting that Allen v. Bethlehem Steel Corp., 314 Md. 458 (1998), is a decision of the Maryland Court of Appeals. It is not. It is a decision of the Court of Special Appeals, and, as such, it is not binding on this Court. Smith v. Esquire, Inc., 494 F.Supp. 967 (D. Md. 1980) remains the controlling precedent this Court should follow.

Federal courts are bound to follow a state supreme court’s decisions about state laws, but not the decisions of lower state courts. Since there is a precedent set in a federal case about the false light statute of limitations, it is the controlling law in the U. S. District Court until the Court of Appeals rules otherwise.


In Re Kimberlin v. National Bloggers Club, et al.

RICOMadnessI have had several requests for an update of the status of The Dread Pro-Se Kimberlin’s RICO Madness. While I usually refer to the case as Kimberlin v. The Universe, et al., it is properly styled Kimberlin v. National Bloggers Club, et al.

As of noon today, PACER shows the following:

1. Neither Twitchy, Dan Backer, The American Spectator, nor Lynn Thomas have been added as parties to the case.

2. There is no order shown on the docket granting or denying TDPK’s motion for a second amended complaint.

3. There is no order relating to possible sanctions against TDPK for sending the forged summons to Twitchy.

4. All the dates for oppositions or replies to open pleadings have passed.

This means that both TDPK’s motion for a second amended complaint and the possible sanctions against him are still pending.

If the Court were to allow the second amended complaint, then there will be another round of motions to dismiss from the defendants, oppositions from TDPK, and replies from the defendants. If the Court denies the motion for a second amended complaint, then the pending motions to dismiss are ripe, and the Court will proceed to consider them on its own timetable.

Stay tuned.