Another Brick in the Wall


Celina Durgan reports at NRO that the Secular Coalition of America is asking folks to knit bricks to show their outrage over the Supreme Court’s Hobby Lobby decision. The knitwits at the SCA want to send hundreds yarn bricks to the Court to express concern for the “wall of separation” between church and state being breached.

Uh, huh.

If the knitwits had ever read Thomas Jefferson’s letter to the Danbury Baptists (the source of the phrase), they would know that he intended it to mean that the government should keep its nose out of the business of religion and not the other way around. I doubt that Jefferson would approve of a law or regulation that mandates that one must violate his conscience.

 

No Comment


For everything there is a season, and a time for every purpose under heaven …

—Ecclesiastes 3:1

There’s a significant amount of legal machinations afoot in all sorts of cases. I am not in a position to comment upon everything right now. Gentle Reader, please be patient. All will come out at the proper time.

UPDATE—I’d like to ask the Gentle Readers to please refrain from asking about any settlement discussions in the Hoge v. Schmalfeldt copyright matter. Judge Sullivan’s Letter Order says,

The settlement conference process will be confidential and disclosure of confidential dispute resolution communications is prohibited. See 28 U.S.C. § 652(d); Local Rule 607.4.

Local Rule 607.4 reads in part:

The Court’s ADR process is confidential. Unless otherwise agreed by the parties and the Court, no disclosure shall be made to anyone, including the judicial officer to whom the case is assigned, of any dispute resolution communication that in any respect reveals the dispute resolution positions of the parties or advice or opinions of neutrals.

Therefore, I shall make no public comment concerning the settlement process.

In Re RICO Madness


My motion to dismiss The Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness is now posted on PACER.

The motion speaks for itself, so I don’t intend to make any comments particularly directed to it until the court has ruled on the motion.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin feigns fear of Aaron Walker and me. This is from paragraph 76 of his second amended complaint in his Kimberlin v. The Universe, et al. RICO Madness.ECF 135-76

 

TDPK strikes me as a bit disingenuous with his worry about people who own firearms. After all, his authorized biography Citizen K tells of how he possessed several AR15s, a silenced pistol, a shotgun, and other weapons back in his drug dealing days. He was barred from possessing any firearm back then because of a previous felony conviction.

RANGE_PHOTOI, OTOH, am a law-abiding gun owner, and, although my 66 year old eyes ain’t what they used to be, I’m still a reasonable shot. The target on the left was shot rapid fire with a .45 at 50 feet.

I’ve never threatened anyone on Team Kimberlin with violence. However, anyone who wishes to threaten me or my family may draw whatever conclusion he will based on what he knows about me.

RICO Madness News


The Dread Pro-Se Kimberlin recently sent a letter to Judge Hazel about a decision by the Ninth Circuit which had no bearing on the Kimberlin v. The Universe, et al. RICO Madness. The letter has been returned because it does not conform to the case management order.

Yesterday, Aaron Walker filed two letters seeking permission to inform the court of additional evidence in the case. I’ll let him describe those letters himself.

UPDATE–TDPK also sent a letter to Judge Hazel asking for another 60 days to serve Ali Akbar and the National Bloggers Club in the RICO Madness. That letter was returned as well.

The Dread Pirate’s Dictionary 3


A reader has suggested that I provide a dictionary of terms used in The Saga of the Dread Pro-Se Kimberlin. That strikes me as a useful idea, so here are some more definitions aimed at explaining terms to newbies.

The World’s Worst Pro-Se Litigant™ is Stacy McCain’s way of describing Brett Kimberlin’s legal abilities. While Kimberlin has bragged about filing “over a hundred lawsuits,” he stays quiet about his batting average which would be generously described as being in the range of .020.

A false narrative is any truthful statement about Brett Kimberlin’s past or current activities that would tend to cause a normal individual to be suspicious of him.

Watch this space for more entries in The Dread Pirate’s Dictionary.

The Dread Pirate’s Dictionary


A reader has suggested that I provide a dictionary of terms used in The Saga of the Dread Pro-Se Kimberlin. That strikes me as a useful idea, so here begins an intermittent feature aimed at explaining terms to newbies.

TDPKTDPK is an abbreviation originally for The Dread Pirate Kimberlin. That name came into use when Brett Kimberlin put up a pirate-themed Bloggers Offense Fund website in a lame attempt to parody the Bloggers Defense Fund site that was raising support for Aaron Walker. Since Kimberlin has begun suing folks, it also stands for The Dread Pro-Se Kimberlin. Kimberlin is representing himself in the lawsuits. The legal Latin for self-represented status is pro se. Note: During the brief period when Kimberlin had an unconstitutional gag order in place against Aaron Walker, he was referred to as Lord Voldemort (“He who must not be named under penalty of court order”).

Team Kimberlin is the loose association of cyberthugs who are engaged in the support of TDPK and his interests online. Note: During the interval when Kimberlin was referred to as Lord Voldemort, his associates were called “Death Eater Wannabes.”

CBBS is an abbreviation for Cabin Boy Bill Schmalfeldt. The Cabin Boy™ is the noisiest and possibly the most noisome member of Team Kimberlin. In the past, he served as the Team’s PR flack. He is noted for his use of threats, online harassment, and faildoxing when engaging in his own special brand of inept “journalism.” Recently, he made an abortive attempt to get into lawfare like TDPK, earning himself the additional designation as TDPS, The Dreadful Pro-Se Schmalfeldt™.

Lawfare is the use of meritless civil lawsuits filed on the cheap by a pro se litigant to inflict the cost of defending the suits on the victims/defendants.

Watch this space for more entries in The Dread Pirate’s Dictionary.

team_kimberlin_briefUPDATE—Acme Law is the presumed legal brain trust behind Team Kimberlin’s lawfare efforts and the source of Team Kimberlin’s legal briefs. It is reputed to be the legal department of the famous Acme Company that supplies Wile E. Coyote.

Blognet


BlognetTitleCardMUSIC: 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 noted anti-First-Amendment activist is seeking a peace order against an Internet user for taking his picture. Your job … get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. 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 Thursday, June 21st. It was a hot and muggy in Westminster. We were working the day watch 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 12:17 pm when I returned to Room S-140. Internet Detail. Continue reading

Blognet


BlognetTitleCardMUSIC: 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. An adjudicated harasser had agreed in mediation to abide by the terms of a peace order and withdraw his appeal of an extension of the order. He has reneged on his agreement and is pursuing his appeal. Your job … get the facts.

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: Elevator door opens. Footsteps in hallway.

FRIDAY: It was Monday, April 28th. It was rainy in Annapolis. We were working the day watch 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 2:26 pm when we got to the fourth floor of the Maryland State Law Library. The Court of Appeals Clerk’s Office. Continue reading

Ho, Hum! Another Frivolous Lawsuit


Apparently, the Cabin Boy™ is trying to file a lawsuit against me and several other people. Until I’m served a copy of the suit and have discussed it with counsel, I can’t comment on anything related to the substance of the matter … other than to point out that he left mopery with intent to lurk off his laundry list of complaints.

Any of my codefendants-to-be may contact me at hogewash@wjjhoge.com.

Undue Burden Analysis


I’m on record as supporting a ban on high-capacity magazines. No one has any legitimate need for a copy of Mother Jones or Time with more than ten pages. Sebastian has an excellent piece over at Shall Not Be Questioned on how a related, but broader, proposed common sense regulation on reading materials might survive judicial scrutiny.

One might argue there’s no governmental interest, but suppose it’s saving trees? You can have as many e-books as you want, but you’re strictly limited in paper books. The surplus books can be recycled and put back in to supply existing paper needs.

Read the whole thing.

Team Kimberlin Post of the Day


Mr. Ostronic: Why is the fund called Bomber Sues Bloggers?

Mr. Kimberlin: Objection!

The answer to Mr. Ostronic’s question is very simple.

The defendants in the Kimberlin v. Walker, et al. are all bloggers. Here are three of us pictured together at CPAC 2014.3Defendants

Left to Right: W. J. J. Hoge (Hogewash!), Stacy McCain (The Other McCain), and Ali Akbar (@ali). Not pictured: Aaron Walker (Allergic to Bull) and Kimberlin Unmasked (@Kimberlinunmask)

The vexatious anti-First-Amendment litigant suing us is Brett Kimberlin, a convicted felon whose rap sheet includes 30+ counts of perjury, possession of marijuana for distribution, impersonating a federal officer, forgery, misuse of the Seal of the President of the United States, possession of explosives by a felon, and use of a destructive device to cause injury in interstate commerce. Those last two charges related to the his 1979 bombing spree in Speedway, Indiana, that earned him the title “Speedway Bomber.” He was paroled in 1993, but his parole was revoked in 1996, in part for failure to make restitution to the widow of a victim. He was paroled again in 2000. His sentence expires in 2030.brett-kimberlin_mugshot

Thus, the name: Bomber Sues Bloggers.

You can help Aaron, Stacy, Ali, KU, and me defend ourselves and our First Amendment rights for Brett Kimberlin’s meritless attack. Go to BomberSuesBloggers to find out how.

Oh, one more thing about Brett Kimberlin … Do you remember the federal prisoner who lied about being Dan Quayle’s dope dealer? That’s the guy,

My Time On The Stand This Morning


I was present for the hearing in the Kimberlin v. Walker, et al. nuisance suit this morning. The Dread Pro-Se Kimberlin decided to call William Hoge as a witness. Since my son had accompanied me this morning, he asked TDPK to specify which William Hoge he meant. When Kimberlin specified, “the elder,” I went to the stand and was sworn in.

The hearing related to whether the court could establish personal jurisdiction over Ali Akbar, and it turned on how much connection Ali had to Maryland. (Ali is a resident of Texas.)

Ali has been one of the organizers of BlogBash, a bloggers’ social event held each year along with CPAC. For the past two years, CPAC (and BlogBash) have been held in Maryland. Kimberlin asked about BlogBash 2013 and 2014. I answered truthfully that I had met Ali in 2013 at CPAC and that I had participated in BlogBash in both 2013 and 2014. I answered that, no, I was not nominated for an award in 2013, but, yes, I was nominated in 2014.

I answered that, yes, Ali and I both participated in the fund raising blog Bomber Sues Bloggers. I answered that, no, Ali was not involved in Tetyana’s Fund, the legal fund for Mrs. Kimberlin’s defense against a protective order petition filed by her husband, but that I was the sole organizer of that fund.

Aside: On cross examination, my lawyer asked why our defense fund was named Bomber Sues Bloggers. TDPK immediately objected, and the vehemence of his objection made my lawyer’s point better than my answer might have.

I answered that, yes, I had seen Ali at hearing in a District Courthouse in Maryland.

I answered that, no, I had not received any money from the Bomber Sues Bloggers fund and that I was not aware of anything being paid to a third party for my benefit.

I also answered a few questions about how Twitter works.

And that’s the story of my testimony.

 

#BrettKimberlin’s Case Against Ali Akbar Survives


Judge Creighton found that Ali Akbar has sufficient connection to Maryland for the Circuit Court to have personal jurisdiction over him. Therefore, she denied his motion to dismiss based on lack of jurisdiction.

The next step will be for Ali to file a formal answer to the suit.

Meanwhile, The Dread Pro-Se Kimberlin failed to meet his discovery obligation by close of business yesterday. Appropriate measure are in process.

You can help Ali, Aaron, Stacy, KU, and me defend ourselves from Brett Kimberlin’s vexatious attack on our First Amendment rights. Go to Bomber Sues Bloggers to find out how.

Yours Truly, Johnny Atsign


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

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

PRO BONO: (Telephone Filter) Good afternoon, Johnny.

JOHNNY: Hi! What’s up?

PRO BONO: (Telephone Filter) We’re putting the finishing touches on our discovery to The Bomber. That background material you’ve dug up has been helpful in framing some of the questions, but I’d like you to take a look to make sure we’re not misinterpreting or forgetting anything.

JOHNNY: Sounds like fun.

BOB BAILEY: (Telephone Filter) Can you be here tomorrow morning, say around 10?

JOHNNY: See you then.

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! Continue reading

#BrettKimberlin Haz Sad


After turning the stupid knob up to 11 12, The Dread Pro-Se Kimberlin sent a proposed sanctions motion to Michael Smith, the lawyer representing Michelle Malkin and Twitchy in the Kimberlin v. The Universe, et al. RICO Madness. Now, he’s whining because his foolishness was made public. He seems particularly upset that Hogewash! posted a copy of his proposed sanctions motion.

It seems that TDPK has not yet realized that civil trials are conducted in public here in America and that he is not entitled to a secret Star Chamber proceeding against his intended victims. If TDPK can’t stand the heat, he should get out of the kitchen.

Tune in just after midnight for further commentary on TDPK’s latest filings.

UPDATE—Aaron Walker comments here.

Blognet


BlognetTitleCardMUSIC: 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. The terrorist has responded by suing a group of over 20 individual and organizations with frivolous claim of defamation and the like. Your job … get the facts.

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 Wednesday, May 7th. It was been a beautiful Spring day in Westminster. We were working the day watch 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 3:42 pm when I returned to Room S-140. Internet Detail. Continue reading

Yours Truly, Johnny Atsign


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

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

BOB BAILEY: (Telephone Filter) Good morning, Mr. Atsign.

JOHNNY: Yes?

BOB BAILEY: (Telephone Filter) My name’s Bailey. Are you online yet this morning?

JOHNNY: Not yet. I’m still on my first cup of coffee.

BOB BAILEY: (Telephone Filter) You’ll enjoy it this morning. Somebody thinks you’re not real.

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! Continue reading

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.