On the Cover of the Rolling Stone

When Dr. Hook recorded the song by Shel Silverstein, he probably didn’t have a wanted poster in mind.

All I have to say about the Rolling Stone rape fiasco is to note that fact checking is important. I’ve recently successfully defended myself in a defamation case because the facts were on my side and the plaintiff could not show that anything I had published was false.

I doubt that the Rolling Stone will be able to mount a similar defense if sued by some of the persons mentioned in their story.

Team Kimberlin Post of the Day

One of the reasons that The Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness ran way over the 50-page limit established by the Court’s Local Rule is that he include a lot of extraneous material that doesn’t support his case. Consider this:ECF 135-33TDPK never explains how anything Team Themis might have done is in anyway connected with any defendant in the RICO Madness. If he could prove that any tortuous conduct occurred, he should sue Team Themis, the U. S. Chamber of Commerce, and the FBI. Not us.

However, since he brings up the subject, take a look at the list of “targets.” Brett Kimberlin and Brad Friedman are the co-founders of Velvet Revolution US, and Friedman is one of its directors. Justice Through Music and Velvet Revolution are the two not-for-profits that provide Kimberlin his day-to-day employment. Stop the Chamber is a fund raising activity operating under the wing of Velvet Revolution.


Meanwhile, the timer is ticking down on TDPK’s omnibus opposition to the motions to dismiss the RICO Madness. It’s due two weeks from tomorrow.

The contest to spot TDPK’s truly magnificent error in his motion for a new trial in the Kimberlin v. Walker, et al. case is still running. There have been some great entries, but no one has found what Aaron Walker noticed. Yet.

Team Kimberlin Post of the Day

Yesterday, I announced a contest to see who could pick up on the amazingly stupid error that Aaron Walker found in The Dread Pro-Se Kimberlin’s motion for a new trial in the Kimberlin v. Walker, et al. nuisance lawsuit. There have been quite a few of entries so far, but no winner yet.

Here are the rules:

1. Don’t publish anything online that would tip off TDPK. The winning answer will be posted after the judge rules. So will some of the best of the other entries.

2. Email your entry to hogewash@wjjhoge.com. Include “TDPK Contest” in the subject line.

3. The first email (based on timestamp) with the correct answer will win a Hogewash! Res Judicata coffee mug.

popcorn4bkThus far, all the entries have found at least one fatal error in TDPK’s motion, but no one has latched on to Aaron’s zinger. Keep the entries coming. I’m enjoying them.

Meanwhile, the time remaining until TDPK’s omnibus opposition to all of our motions to dismiss the Kimberlin v. The Universe, et al. RICO Madness is slipping away.

Stay tuned.

Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin has filed a motion for a new trial in the Kimberlin v. Walker, et al. nuisance lawsuit that he lost back in August. After TPDK rested his case, the judge found that he had not presented any evidence that he had been defamed or that he had suffered any false light invasion of privacy. Therefore, the judge entered a directed verdict in the favor of us defendants. TDPK’s new motion is not only frivolous, it contains material that Aaron Walker noticed which further weakens Kimberlin’s case.

Our lawyer will reply to the motion, so I won’t be commenting on it directly. However, while we’re waiting for the court to rule on the motion, we might as well have some fun with it. I’ve decided to run a contest to see if the Gentle Readers can pick up on the worst error in the motion.

res_judicata_mugsI don’t want to tip off TDPK to his amazing blunder. That means I don’t want to publish a list of all the deficiencies in his motion. Please don’t comment publicly on what you find. Instead, send your comments to me at hogewash@wjjhoge.com. Put the phrase “TDPK Contest” in the subject line. I’ll collect the entries and post the best ones after the judge rules. The first person to spot the same error Aaron found will win a Hogewash! Res Judicata coffee cup. The winner will be determined by the timestamp on his email.

Team Kimberlin Post of the Day

RICOMadnessI’ve previously noted that The Dread Pro-Se Kimberlin needs to answer the points that we defendants have raised in our motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. He needs to explain why the “facts” he has alleged in his complaint are sufficient to establish a claim upon which the court can grant relief. That explanation is due on 8 December in the form of an omnibus opposition to our motions.

Remember that at this stage of the proceeding the court is supposed to give TDPK the benefit of the doubt as to whether or not his allegations are true.

Here’s one of them—ECF 135-80OK. Let’s pretend for the sake of argument that what he says it true. So what? How could writing mean things about the Howard County State’s Attorney have injured Brett Kimberlin?

It couldn’t have caused him any injury in his business or property, so it is not basis for his RICO claim.

It doesn’t have anything to do with Patrick Frey, so it is not a basis for the civil rights claim against him.

It doesn’t involve race- or class-based discrimination against TPDK, so it is not a basis for a claim under the KKK Act.

It doesn’t have anything to do with per se, so it is not a basis for any of his state law claims of defamation, false light invasion of privacy, interference with prospective business, battery, conspiracy, or mopery with intent to lurk.

timer-blackLike so much of his complaint, nothing in that half-page of gobbledygook supports anything in his case. It’s all wasted pixels and toner. The challenge facing TDPK over the next two-and-a-half weeks is to try to salvage the elements of at least one on the causes of actions he’s alleged out of the dreck in his second amended complaint. Thus far, it seems that he’s been frittering away his time on nonsense such as the motion for a new trial in the Kimberlin v. Walker, et al. nuisance lawsuit.

Tick, tock.