In Re Kimberlin v. Walker, et al.


The Kimberlin v. Walker, et al. nuisance lawsuit is now in the discovery phase. I was served with interrogatories which I answered through counsel. Some of the questions sought privileged information which I declined to provide. The Dread Pro-Se Kimberlin filed a motion with the court seeking to compel me to answer those questions. The court has denied his motion.

I do not wish to make any further comments concerning the discovery process in the lawsuit until that phase is completed.

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

UPDATE—I can add that the motion to compel which Judge Rubin denied was also directed against Aaron Walker and Stacy McCain, so they will not be required to provide further discovery either.

UPDATE 2—Nothing I have provided in discovery is under seal, and I expect that when the materials are released TDPK’s questions and my answers will be the source of some amusement. However, it is not in my interest to do anything that has the potential for providing an advantage to TDPK, so neither my lawyer nor I believe it is in my best interest to publish anything.

Yet.

Stay tuned.

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.

Blognet


MUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A group of bloggers have been writing about the activities of a paroled domestic terrorist and his associates. He, in turn, had been seen stalking some of those blogger, and photographs related to that stalking have been published on the Internet. Your job … connect the dots.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual crime. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end. From crime to punishment. Blognet is the story of the good guys in action.

MUSIC: Up and out.

SOUND: Footsteps in hallway.

FRIDAY: It was Friday, March 1st. It was clear and unseasonably warm in Westminster. We were working the evening shift out of Internet Detail. My partner’s Liz Smith. The boss is Twitter Town Sheriff, W. J. J. Hoge. My name’s Friday. It was 7:36 pm when I got back to the office.

Continue reading

In Re Kimberlin v. Walker, et al.


The Maryland Judiciary Case Search database indicates that The Dread Pro-Se Kimberlin has filed a second amended complaint in his nuisance lawsuit in Montgomery County, Maryland, Circuit Court. My lawyer has not yet received service of the amended complaint.

I do not expect to have any further comment on the case until after I have reviewed the amended complaint with my lawyer.

UPDATE—TDPK has emailed my lawyer a copy of the second amended complaint filed in the Maryland suit. The copy we received is not properly signed and does not include the required marked up version.

I will have no further comments on this amended complaint until I have discussed it with my lawyer.

On Freedom of Speech


One of the themes of this blog is support for the First Amendment, and that includes its free speech and free press clauses. Hogewash! supports everyone’s right to peaceably speak and publish. I support everyone’s right to publish his own blog or comment freely on blogs hospitable to his views. That does not oblige me to provide bandwidth for everyone who seeks it.

Indeed, I find emails and attempted comments like this one rather tiresome.pptoas_whinesSince most of these whiners seem to be left-leaning politically, I’m sure they would appreciate that this is a case where I agree with Chairman Mao, who said, “Let a hundred flowers bloom.” If they’re sincere, the whiners should plant theirs in their own gardens.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin is suing my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me for a million bucks because we have written truthful things about his past and current behavior and have expressed opinions about him. Here’s an opinion the Stacy McCain has expressed that TDPK imagines is defamatory. It’s taken from paragraph 49 of TDPK’s amended complaint in the Kimberlin v. Walker, et al. nuisance lawsuit.BKvAW2013-49That’s an expression of an opinion Stacy holds about Brett Kimberlin, and the expression of such an opinion is protected speech under the First Amendment. You can help us defend ourselves from TDPK’s vexatious attack on our free speech rights. Go to Bomber Sues Bloggers to find out how.

Oh, one more thing … I agree with Stacy.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin includes this in his Amended Complaint in his Kimberlin v. Walker, et al. nuisance suit filed in Montgomery County Circuit Court.BKvAW2013-69The statements he is whining about are factual reports about his past and current activities. Given TDPK’s apparent lack of remorse for his perjury, dope smuggling, forgery, bombings, and other crimes, I doubt that he feels any embarrassment or humiliation. That would require more conscience that he seems to possess.

opprobrium noun \ə-ˈprō-brē-əm\ : public disgrace or ill fame that follows from conduct considered grossly wrong or vicious.

You know, telling the truth about the Speedway Bombings and the Speedway Bomber ought to result in opprobrium. So how is that a tort?

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

 

Prevarication Du Jour


The Cabin Boy™ still seems to be getting his legal advice from Acme.P-O20140325No, I’m not. 47 U.S.C. § 230 is explicit in the protection that it offers. The Cabin Boy™ and his legal “experts” are trying to force fit a set of cases that involved websites that implicitly encouraged defamatory postings. This site explicitly bans them.

The Cabin Boy™ often trips over such fine points of law as he did when couldn’t understand that the Cassidy decision is about messages posted for general view as opposed to messages sent to a particular person. Judge Stansfield patiently explained that to Schmalfeldt on two occasions, and the Court of Appeals declined to hear his appeal, but he still doesn’t believe it.

RICO Madness Update


As promised, here’s the opposition that I filed against The Dread Pro-Se Kimberlin’s Motion to File Second Amended Complaint.

Also, TDPK has sent a letter to the judge, and rather than try to characterize it myself, here it is. The Gentle Reader may form his own opinion.

I didn’t make that up.

UPDATE—IANAL, but my understanding of the judge’s two orders goes like this. TDPK moved to amend the complaint by adding Twitchy as a defendant. The bit quoted in TDPK’s letter above is the judge granting permission to amend by adding Twitchy. He didn’t give leave for further amendments. Instead, he said that he would not accept any further amendments after 7 March.

UPDATE 2—So Judge Grimm has not yet ruled on whether to allow the Second Amended Complaint. Since TDPK made the addition of Twitchy a part of the SAC, I assume that Twitchy will not be added as a defendant if the judge denies the motion to amend. That will put the court back to dealing with the motions to dismiss against the existing version of the complaint.

UPDATE 3—My codefendant Aaron Walker, who is a lawyer, has a different take on the judge’s orders.

UPDATE 4—Stacy McCain chimes in here.

All Is Proceeding As I Have Foreseen


The big news today seems to have been the announcement of the Amended Complaint in BullyVille’s lawsuit that includes First Mate Neal Rauhauser as a defendant.

Several commenters have noted that the lawyer representing BullyVille is the same lawyer who initially represented Nadia Naffe in the Team-Kimberlin-related nuisance suit filed against Patterico. That lawyer withdrew from the Naffe suit. The Gentle Reader can make of that what he will.

popcorn4bkThere are more shoes about to drop, both civil and criminal, multistate and federal, on members of Team Kimberlin. Indeed, over the next six months or so it may look like a centipede removing his shoes. The next few days might be the last opportunity for some of Team Kimberlin’s associates to turn state’s evidence.

Stay tuned.

Meanwhile, The Dread Pro-Se Kimberlin’s vexatious Kimberlin v. Walker, et al. lawsuit against my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me is still going on. You can help us defend our First Amendment rights against TDPK’s assault. Go to Bomber Sues Bloggers to find out how.

Johnny Atsign


Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

AARON: (Telephone Filter) Good morning, Johnny.

JOHNNY: Hi, Aaron. You’re up early.

AARON: (Telephone Filter) Actually, I’m still up late.

JOHNNY: What kept you up?

AARON: (Telephone Filter) Easter eggs.

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

Prevarication Du Jour


Now that the deadline for allowable amendments to his complaint in the Kimberlin v. The Universe, et al. RICO Madness has passed, I’m gong to spend some time taunting The Dread Pro-Se Kimberlin for his incompetence in drafting his original Complaint, First Amended Complaint, and Second Amended Complaint.ECF 100-1-139Consider the allegation above. It accuses me of using this blog and my Twitter account to defame TDPK “hundreds” of times since mid October. That’s a good opening sentence for a set of allegations relating to defamation, but it isn’t everything necessary to allege the tort. In order for such an allegation to stand up to a motion to dismiss, it must say with specificity what was said or written that was defamatory and when it was published. Here’s what the Supreme Court has said:

Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.

Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Every one of the motions to dismiss filed against TDPK’s First Amended Complaint cited Iqbal and/or another recent Supreme Court case. Yet, Kimberlin did not bother to correct his deficient pleadings by alleging specific instances of actions by the defendants that led to damages that he suffered. In my case that would be because there were no such incidents.

Indeed, the only specific writing of mine that TDPK referenced in any of his complaints is a blog post that does not say what he claims it says. Furthermore, even if it were defamatory (and it isn’t), it is so old as to be beyond the statute of limitations on defamation.

If I had published hundreds of defamatory comments about TDPK over the past five months, surely he could have come up with at least one or two examples and cite them. The fact that he did not suggests that he is either massively incompetent or he is lying. Or both.

Blognet


MUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A group of bloggers have arranged to have a combination party and awards ceremony during an upcoming convention. Threats have been made against the gathering of a demonstration by unknown individuals. Your job … identify them.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual crime. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end. From crime to punishment. Blognet is the story of the good guys in action.

MUSIC: Up and out.

SOUND: Footsteps along sidewalk.

FRIDAY: It was Thursday, March 14th. It was clear and cold in PG County. We were working a stakeout for Internet Detail. My partner’s Liz Smith. The boss is Twitter Town Sheriff, W. J. J. Hoge. My name’s Friday. It was 2:58 pm when we got to 172 Fleet Street. Continue reading

Yours Truly, Johnny Atsign


Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

RULE 5 GIRL: (Telephone Filter) Good evening, Johnny.

JOHNNY: Well, hello!

RULE 5 GIRL: (Telephone Filter) I think you want to log in to PACER.

JOHNNY: PACER? What’s up?

RULE 5 GIRL: (Telephone Filter) The Bomber’s filing more stuff in that RICO lawsuit.

JOHNNY: Today? I just checked PACER. There’s nothing new today.

RULE 5 GIRL: (Telephone Filter) You looked in the Maryland system. Run a search in the Eastern District of Virginia.

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

Good News for Ace


The Dread Pro-Se Kimberlin moved to have one of Ace of Spades’s lawyers thrown off of the case in the Kimberlin v. The Universe, et al. RICO Madness. The court has refused to accept his motion.

And the judge wasn’t gonna look at the twenty-seven eight-by-ten color glossy pictures with the circles and arrows and a paragraph on the back of each one explaining what each one was to be used as evidence against us.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin has been given until close of business this Friday to file any further amendments to his complaint in the Kimberlin v. The Universe, et al. RICO Madness. One reason he wishes to do so is that so much of his existing amended complaint has been gutted by the various motions to dismiss. As we wait this week for TDPK’s latest magnum opus, let’s review some of the better bits from those motions to dismiss.

Since this is my blog, I’ll start with my discussion of the deficiencies in his allegations of defamation.

32. Plaintiff is a public figure who is defamation proof. He became the object of public attention when he was tried and convicted as the Speedway Bomber. See U.S. v. Kimberlin, 527 F.Supp. 1010 (S.D. Ind. 1981) and 483 F.Supp. 350 (S.D. Ind. 1979). He broadened his fame when, while still in prison on bombing and drug smuggling charges, he claimed to have sold marijuana to then-Vice-Presidential-candidate Dan Quayle. See Kimberlin v. Quinlan, 6 F.3d 789, 791 (D.C. Cir. 1999). Further public interest was generated when his parole for the bombing and drug charges was revoked. Kimberlin v. Dewalt, 12 F.Supp.2d 487 (D. Md. 1998). It was revoked because of failure to make restitution to the widow of a bombing victim (herself a wounded victim) which was a condition of his parole. He achieved another measure of fame when he sued the Bureau of Prisons because he was not allowed to possess an electric guitar in prison. See Kimberlin v. U.S. Dept. of Justice, 318 F.3d 228 (D.C. Cir. 2003). As a public figure, he has not alleged any instance demonstrating actual malice or a reckless disregard for the truth by any of the defendants. NYT v. Sullivan, 376 U.S. 254 (1964).

33. As can be seen by the partial listing of Plaintiffs history in the paragraph above, he has considerable reputational baggage. Citizen K: The Deeply Weird American Journey of Brett Kimberlin (Singer, Mark, Knoff, New York, 1996.) is an authorized biography of Kimberlin. It insinuates that Plaintiff had an improper relationship with a ten year old girl (p. 78.), that he was suspected of having arranged the murder-for-hire of the girl’s grandmother. (pp. 82, 83.), and that the subsequent Speedway Bombings were an attempt to distract the murder investigation (p. 89.). The book tells of other unsavory actions, including Plaintiffs bragging about sabotaging military equipment while working in a prison industry (p. 184.). Plaintiffs status as public figure is not unlike Nathan Leopold’s (of Leopold and Loeb); when one commits a sufficiently infamous crime, one becomes a public figure from that day onward. See Leopold v. Levin, 45 Il1.2d 434 (1970).

34. In paragraph 181 of the Amended Complaint Plaintiff alleges that statements by the defendants concerning his behavior make him appear “odious, infamous, and/or frightening” without, as noted above, alleging which particular statement(s) by which particular defendant(s) were defamatory. However, Plaintiff in the past has tacitly acknowledged his reputation (as a perjurer, drug smuggler/wholesaler/dealer, bomber, murder suspect, etc.) is bad. See e.g., U.S. v. Kimberlin, 805 F. 2d 210, 223-24 (7th Cir. 1986). Indeed, it is so bad as to render him defamation proof. See Jackson v. Longscope, 394 Mass. 577 (1985).

There was one other problem with his allegation of defamation against me.

31. Even if the alleged statements made by Defendant Hoge be defamatory, any claim by Plaintiff is barred by the statute of limitations (Md Courts & Judicial Proc. § 5-105.) because all alleged statements by Mr. Hoge were made more than one year before the filing of the instant suit. 

It won’t matter how he amends his complaint. Brett Kimberlin is a convicted serial bomber, and, like other serial bombers (The Unibomber Ted Kaczynski, for instance), he’s now known as a notorious criminal. He’s defamation proof.

Team Kimberlin Post of the Day


As part of his rant against Paul Alan Levy, The Dread Pro-Se Kimberlin is upset that he might be paid for his legal services.ECF 93 extractThere’s nothing unethical about a lawyer who is doing pro bono work being reimbursed (wholly or partially) by a third-party so long as the client is aware of the payment. Given that Ace has asked people to donate to Public Citizen and the ACLU, that issue doesn’t exist.

BTW, the DONATE button is still live at the Protect Our Elections website run by Velvet Revolution US. Considering that among the things funded by those donations are the frivolous legal filings made by the organization (e.g., a bar complaint against Justice Clarence Thomas), some lawyer may be getting paid by TDPK’s online fund raising.

#Hypocrite

BREAKING: Another Show Cause Order


The Dread Pro-Se Kimberlin has been ordered to show cause why his frivolous copyright lawsuit against Kimberlin Unmasked should not be dismissed for lack of service of process.

More later.

UPDATE—Aaron Walker discusses his amicus motions mentioned in the judge’s order here.

Prevarication Du Jour


This is from paragraph 30 of The Dread Pro-Se Kimberlin’s frivolous Kimberlin v. Walker, et al. lawsuit that he’s filed in the Circuit Court for Montgomery County, Maryland.BK v AW AmendCompl 30

Brett Kimberlin is a public figure, and any court case involving him is a legitimate news story. A blogger’s attendance at an open court hearing in order to cover such a story is protected by the freedom of the press clause of First Amendment. Furthermore, in order to stalk someone in Maryland … oh, I’ll let the statute explain itself …

Md. CRIMINAL LAW Code Ann. § 3-802

(a) “Stalking” defined. — In this section, “stalking” means a malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:
(1) (i) of serious bodily injury;
(ii) of an assault in any degree;
(iii) of rape or sexual offense as defined by §§ 3-303 through 3-308 of this title or attempted rape or sexual offense in any degree;
(iv) of false imprisonment; or
(v) of death; or
(2) that a third person likely will suffer any of the acts listed in item (1) of this subsection.

(b) Applicability. — The provisions of this section do not apply to conduct that is:(1) performed to ensure compliance with a court order;
(2) performed to carry out a specific lawful commercial purpose; or
(3) authorized, required, or protected by local, State, or federal law.

So what TDPK is alleging is that my being in the same courthouse as he was, surrounded by bailiffs, deputy sheriffs, county police, and state troopers, put him in fear of serious bodily injury, assault, rape, false imprisonment, or death—or made him fear for some third party’s safety. I don’t know about you, but it seems to me that only a compulsive liar could say that with a straight face.

But let’s pretend that he really was frightened by my being at the courthouse. As the judges have told him, I had a right under state law to be present at open court hearings. There is also the protection offered by First Amendment, but Brett Kimberlin has shown over and over again that his is no friend of the freedoms of speech or of the press.

You can help my codefendants and me resist TDPK’s vexatious attack on our First Amendment rights. Go to Bomber Sues Bloggers to find out how.

Quis Custodiet Ipsos Custodes?


That’s Latin for “Who watches the watchmen?” It’s a phase from the work of the Roman poet Juvenal, and it fits the growing trend of citizens using their cell phones and other devices to record their interactions with the government, especially with the police. Joe McClean has a piece over at The Daily Beast called Stand Your Ground With Your Smartphone.

So as they spy on us, we have a civic duty to return the favor …

Read the whole thing.

What’s All This, Then?


The Cabin Boy™ has published what he claims is his letter to Howard County State’s Attorney’s Office.P-O201402250301ZNote the salutation—”Dear Mr. Kirwan.” I wonder if he means T. Wayne Kirwin, Director of Community Justice & Public Information in the Howard County State’s Attorney’s Office?

Wayne Kirwin? Wayne Kirwin? Where have I seen that name before? Oh! I remember.BKexpert4He’s one of The Dread Pro-Se Kimberlin’s expert witnesses in the Kimberlin v. Walker, et al. lawsuit.

So let me get this straight. Bill Schmalfeldt has been sending his complaints about this blog to a person in the State’s Attoney’s Office who is an expert witness for Brett Kimberlin.

Nothing to see here. Move along.

More Doctored Evidence


Not in any of the cases in which I’m a defendant. At least, not yet. No, this is about a fabricated quote used by warm monger Michael Mann in his defamation suit against Mark Steyn.

There’s no way I’m going to try to beat Mark Steyn at telling his own story. Go read it here, but what it has in common with the suits in which I’m a codefendant is a sharp-eyed person catching a seemingly minor discrepancy, in Steyn’s case, the difference between the British and American spellings of rigour/rigor.

Read the whole thing.

Jealousy and Butthurt


The Dread Pro-Se Kimberlin’s current lawfare isn’t limited to the Kimberlin v. Walker, et al. and the Kimberlin v. The Universe, et al. vexatious lawsuits. He has also filed a frivolous copyright suit against the anonymous blogger(s) Kimberlin Unmasked. There are lots of defects in the copyright suit, not the least of which is the fact that TDPK admits in the suit that his not the holder of some of the copyrights he is suing over.

Reading over the suit again, it seems to me that a big part of TDPK’s motivation for the suit is jealousy. His websites have vanishingly small presence on the Internet. OTOH, those of us who have been blogging about him have much higher traffic.BK v KU ECF1-15In essence, TDPK is bitching because others are more creative and more successful with his material than he is. Their Fair Use parody and criticism has more real world impact than his original work. Unfortunately for TDPK, butthurt is not a cause of action under copyright law.

#Fail