The Maryland Court of Special Appeals has affirmed the judgment of the Circuit Court for Montgomery County in Kimberlin v. Walker, et al. Brett Kimberlin has lost his appeal, so the verdict stands. Aaron Walker, Stacy McCain, Ali Akbar, and I win.
SOUND: Skype rings once. Telephone receiver picked up.
JOHNNY: Johnny Atsign.
PRO BONO: (Telephone Filter) Hey, Johnny. How’s that report for the peace order case coming?
JOHNNY: I was just running the final spell and grammar check. It’ll be ready later this evening.
PRO BONO: (Telephone Filter) Great. Email it as soon as you finish.
JOHNNY: It’s too long to email. I’ll put in your Dropbox. There are a couple things that I want to go over in person.
PRO BONO: (Telephone Filter) Let me read the report first. Are you available tomorrow?
JOHNNY: Why don’t I come by around 2?
MUSIC: Theme up and under.
ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …
JOHNNY: Yours Truly, Johnny Atsign!
MUSIC: Theme up to music out. Continue reading
Brett Kimberlin is a convicted perjurer, drug smuggler, and serial bomber. He doesn’t like for people to talk about that, and for the past several years, he’s been trying to use the legal system to punish people who speak and write about him.
I started writing about Brett Kimberlin when I became aware of Lee Stranahan’s proposal for Everyone Blog About Brett Kimberlin Day. That blogburst was scheduled for Friday, 25 May, 2012, but I first wrote about Kimberlin a few days earlier in the context of his harassment of Stacy McCain’s family. From there, I picked up the story of Kimberlin’s harassment of Aaron Walker, initially focusing on the unconstitutional gag order that was a part of a peace order issued against Aaron. That order forbade Aaron from writing about Kimberlin or speaking about him publicly. Because I believe that ridicule is a powerful weapon against self-important jerks, I began referring to Kimberlin as Lord Voldemort (He Who Must Not Be Named).
As the to-and-fro of the lawfare went by, a Bloggers Defense Fund was created to assist with Aaron Walker’s legal expenses. Kimberlin responded by putting up a pirate-themed website call the Bloggers Offense Team. It was a failure, but it led me to begin referring to Brett Kimberlin as The Dread Pirate Kimberlin and his fanboys by similarly themed nicknames. (I did not come up with Cabin Boy Bill Schmalfeldt. Credit goes to commenter monitor2112 for that.) TPDK has also come to stand for The Dread Performer Kimberlin, The Dread Pedo Kimberlin, and The Dread Pro-Se Kimberlin—each of those has had some connection to his story as it has unfolded over the past three-plus years.
By the end of October, 2012, I had become a target of harassment by Team Kimberlin (as his supports have become known) as well, and I received a SWATing threat. When that didn’t work, various bits of cyberharassment were tried. When those proved ineffective, a false criminal charge was filed. When the prosecutor dropped that charge for lack of evidence, the first of four frivolous lawsuits was filed. When the first lawsuit failed and the second lawsuit was on the skids, a bogus peace order and two more lawsuits were filed. When the bogus peace order petition was denied and the second lawsuit dismissed, false complaints were filed against my personal and business Twitter accounts and another false criminal charge was filed. When that second criminal charge was dropped for lack of evidence and my business Twitter account was restored, I was served with an abusive subpoena in one remnant of one of the lawsuits from which I’ve been dismissed and sanctions are being sought against me because I didn’t have what The Dread [insert title] Kimberlin wanted. And so it goes.
All this bullshit from Kimberlin boils down to an attempt at brass knuckles reputation management, and it keeps blowing up in his face—in part because I won’t be intimidated. He’s trying to use the legal system to prevent people from exercising their First Amendment rights to talk about him, his past, and his present activities. I don’t intend to let him get away with it. I will aggressively defend my First Amendment rights and support and assit others as they defend theirs.
A member of the Vast Hogewash Research Organization has picked up a copy of Judge Mason’s most recent ruling in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit. The case has been completely dismissed with prejudice against Aaron Walker. The bases for dismissal were res judicata and failure to state a claim upon which relief can be granted.
A copy of the order is en route to Westminster, and I will scan it and post it as soon as it arrives.
UPDATE—Here is Judge Mason’s opinion and order:
UPDATE 2—I just got off the phone with Aaron Walker. He says that he’ll be publishing some comments on today’s ruling at Allergic to Bull later this evening. When he told me the headline he intends to use for the post, I smiled.
UPDATE 3—Aaron has informed me that he won’t have his comments ready to publish until sometime during the day on Friday.
If liberty means anything at all, it means the right to tell people what they do not want to hear.
It’s that time of year again when the Top Ten Lists for the year in review get published, and we’ve made it to the top of the TKPOTD’s list of the Top Ten Team Kimberlin Stories for 2015—
10. The Cabin Boy™ Sues As A Pauper
9. Breitbart Unmasked Doubles Down On Defamation
8. The Cabin Boy™ Sues in State Court
7. The Cabin Boy™ Runs Away
6. The Bogus Peace Order
5. The Bogus Criminal Charges
4. RICO Madness Dismissed (Mostly)
3. RICO Retread LOLsuit Filed
2. RICO 2: Electric Boogaloo
The timing was exquisite. On 16 March, the Monday following the Friday denial of The Dread Pro-Se Kimberlin’s bogus peace order petition (6) against me and one day before the RICO Madness (4) claims against me were dismissed, TDPK filed another RICO LOLsuit naming me as one of the defendants.
This brilliant bit of lawfare is styled Kimberlin v. Hunton & Williams LLP, et al. at the courthouse and Kimberlin v. Team Themis, et al. here at Hogewash!.
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Originally Posted on 17 March, 2015
In Re a LOLsuit
A new lawsuit has appeared on PACER styled Kimberlin v. Hunton & Williams LLP, et al. The complaint isn’t posted yet, but it appears that The Dread Pro-Se Kimberlin has decided to sue a long list of persons and entities who he believes are associated with Team Themis. There are 21 defendants, and I am listed among the et al. along with the U.S. Chamber of Commerce and Pacific Northwest National Laboratory. PNNL is a part of the U.S. Department of Energy.
I can’t make any further comment until I’ve seen the complaint. I’ll post it as soon as I can download it from PACER.
UPDATE—Here is the complaint.
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Originally Posted on 18 March, 2015
In Re RICO Madness Part Deux
I said that I would post the exhibits that The Dread Pro-Se Kimberlin filed with his complaint in the Kimberlin v. Team Themis, et al. RICO 2. The file is 54 Mb long, so I’ve put it up on Scribd.
I have no comment on the exhibits except to note that they don’t mention me or Hogewash! at all.
* * * * *
The lead defendant, Hunton & Williams, is a law firm with over 800 lawyers, a really great defendant for a pro se plaintiff to go after. As noted in that first post, among my other codefendants are the U. S. Chamber of Commerce and Pacific Northwest National Labs, a part of the Department of Energy.
TDPK file the suit a few days after the statute of limitations had run out on any of his claims on the deep pocket defendants. It’s rather obvious that I was added at the last minute in an attempt to claim that this blog exists as a follow on to the Team Themis “plot” against Kimberlin.
He’s definitely bitten off more than he can chew with this one.
1. Aaron Walker Strikes Back
Kimberlin is now experiencing the first wave of the pushback that will be coming his way. Aaron Walker has filed suit against Brett and Tetyana Kimberlin alleging, among other things, that they have engaged in malicious prosecution.
In the first instance, Aaron alleges that Brett Kimberlin filed a false harassment charge against him when he gave legal advice to Tetyana Kimberlin while she was estranged from her husband. In the second, Aaron alleges that Tetyana filed (on Brett’s behalf) a false charge of electronic harassment of a minor against Aaron. (Yes, similar charges were filed against me in both instances, and, yes, I’m watching the case closely.) He is seeking both money damages and injunctive relief.
This case has been a sleeper for most of this year. I haven’t been able to report much for tactical reasons. However, I expect that this case will be quite significant during 2016. Thus far, TDPK has been losing as a plaintiff. He will now have the opportunity to lose as a defendant.
There’s still time left to vote in Popehat’s Censorious Asshat of the Year poll to select the outstanding enemy of the First Amendment for 2015.
Brett Kimberlin is a former “winner.”