Team Kimberlin Post of the Day

VRUS_RoveIt’s been a week since the evidence of non-citizens voting in Frederick County, Maryland, surfaced. Justice Through Music Project, Velvet Revolutions US, Protect Our Elections all claim to be working for election integrity. So what have we heard from them about the possibility of bogus voters on the rolls?


VRUS and POE are continuing to flack a story about suing the FEC in order to save it from Karl Rove. However, they are unclear whether or not his having to face the music is a threat to be serenaded by OP-Critical, the JTMP house band fronted by the Dread Performer Kimberlin.

Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin has sued us defendants in the Kimberlin v. The Universe, et al. RICO Madness for a non-existent tort. He has a habit of doing that sort of thing. Two of the counts alleged in the state Kimberlin v. Walker, et al. nuisance lawsuit. were thrown out because the were not valid causes of action.ECF 135-claim9TDPK must have slept through the hour they covered civil torts while his was imagining getting his B.S. in law from the Robert H. Smith School of Business during the years he was serving time in federal prison. If he’d stayed awake, he might have known that conspiracy isn’t a tort. Even an inexperience pro se like me knows better.

Consistent with this principle, it was sometimes said that a conspiracy claim was not an independent cause of action, but was only the mechanism for subjecting co-conspirators to liability when one of their member committed a tortious act.  Royster v. Baher, 365 S.W.2d 496, 499, 500 (Mo. 1963) (“[A]n alleged conspiracy by or agreement between the defendants is not of itself actionable.  Some wrongful act to the plaintiffs damage must have been done by one or more of the defendants, and the fact of a conspiracy merely bears on the liability of the various defendants as joint tortfeasors”).  See Halberstam v. Welch, 705 F.2d 472, 479 (CADC 1983) (“Since liability for civil conspiracy depends on performance of some underlying tortious act, the conspiracy is not independently actionable; rather, it is a means for establishing vicarious liability for the underlying tort”).

Bech v. Prupis, et al., 529 U.S. 494, 503 (2000). Stuff like this isn’t that hard to look up on Google Scholar.


Team Kimberlin Bonus Post of the Day

Here are a couple of snippets from The Dread Pro-Se Kimberlin’s LinkedIn Profile.BK _LinkedInBK_LinkedIn_EdThat item about a B.S. in law from the Robert H. Smith School of Business brings up some interesting points. From 1986 through 1990, Brett Kimberlin was serving time with the federal Bureau of Prisons. According to Citizen K, TDPK’s authorized biography, he earned a  B.S. in human services from Thomas Edison State College with a specialization in community legal services while he was in the slammer. The Robert H. Smith School of Business does not grant any undergraduate degrees in law. In fact, it doesn’t grant any law degrees at all. University of Maryland law degrees are granted by the School of Law. No B.S. is offered, only the J.D., LL. M., and M.S.L. degrees.

Ah, hah! This may explain TDPK’s clumsiness in dealing with all his vexatious lawsuits. He has a non-existent degree from an institution that doesn’t grant such a degree and that he  earned when he couldn’t have attended the school.


UPDATE—Brett Kimberlin’s skills in public policy, community development, community outreach, and strategic communications are vouched for on his LinkedIn profile by Neal Rauhauser.

Team Kimberlin Post of the Day

Gentle Reader, do you ever wonder what the Dread Pro-Se Kimberlin does when he isn’t involved in vexatious lawsuit? He’s got himself a rock-and-roll band called Op-Critical. One of the sca … uh … promotions he’s attempted for the band was trying to get a performance by Op-Critical included in the soundtrack of the Twilight movie Eclipse.Op-Crit TweetsEar-plugsIt shouldn’t surprise anyone familiar with Op-Critical’s body of work to learn that Twilight Angel isn’t on the album. You can listen to The Dread Performer Kimberlin singing Twilight Angel on YouTube, but I don’t recommend doing so. Normally, folks with TDPK’s level of talent are advised not to give up their day jobs, but I’m not sure which causes more harm in Kimberlin’s case.

Team Kimberlin Post of the Day

Gentle Reader, do you ever wonder what the Dread Pro-Se Kimberlin does when he isn’t involved in vexatious lawsuit? He’s the Director of a not-for-profit called Justice Through Music Project. One of the sca … uh … activities run by JTMP is a web site called Protect Our Elections dot org. The site claims to be a “national collaboration of grassroots organizations that have joined together to reclaim our democracy, providing oversight to rescue our elections from partisan politics and privatization.” It has a DONATE button that appears to go straight to JTMP’s authorize dot net account.

Now, that’s a chilling thought: Brett Kimberlin providing “oversight to rescue our elections.”

Here’s what the top of the site’s home page looked like around 8 pm yesterday evening.POE_org_mainAnd here are a couple of front page links to featured stories.POE_nocommentsThe stories relate to a nuisance suit that Protect Our Elections has filed against the Federal Elections Commission. Take a close look at what I’ve circled in red. Those are the comment counts on the stories. As of 8 pm yesterday, there had been absolutely none. Zip. Zilch. Nada. Bupkis.

That shows you the relative impact of The Dread Pro-Se Kimberlin’s Internet operation vis-à-vis those of us who he is suing because we write truthful things about him. Indeed, the most recent comment on the POE site was made at 8:59 pm on 11 August. By way of comparison, Monday noon’s Are You Pondering What I’m Pondering? post generated six comments.

The Team Kimberlin theory of lawfare involves punishment of the victims by causing them to have to deal with the time and expense of a protracted legal ordeal run at relatively low cost to the pro se plaintiff. It’s backfired. TDPK is up against pro se defendants, one of whom is a lawyer, who are able to mount low-cost defenses; First Amendment activists with pro bono legal counsel; and media personalities and organizations whose best interests are served by fighting the suit.


The Streisand Effect will be cranked up to 11 until all TDPK’s vexatious lawsuits are completely dealt with. Brett Kimberlin won’t disappear from public scrutiny until he’s either given up or been beaten. Given his poor choices to date, I suspect we’ll have to whip him in court.

Stay tuned.

Oh, one more thing … evil hates the truth, but it hates mockery even more.FrenchTaunt
UPDATE—I just reread POE’s description of itself. The stated goal is to rescue our elections from partisan politics.

Say what?

I thought the whole purpose of an election was partisan politics, as in, choosing between two or more candidates representing differing views. Whigs v. Tories. Democrats v. Republicans. That sort of thing.

Of course, JTMP’s politics are avowedly progressive. Perhaps the statement is simply an honest description of a desire for one-party rule.

Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin’s second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness simply doesn’t stand up to fact checking. Consider this paragraph.ECF 135-143There are at least two falsehoods concerning me in that paragraph.

First, I have never raised any money by accusing TDPK of SWATting. I have noted the curious coincidence of my codefendants Patterico, Erick Erickson, and Aaron Walker being SWATted immediately after writing or speaking about TDPK, or, in Aaron’s case, beating Kimberlin in court. However, I have never accused Brett Kimberlin of SWATting anyone.

Tip_JarSecond, it’s interesting that TDPK claims to be aware of the financial arrangement that I have for processing money coming in via my Tip Jar. He’s dead wrong about how those funds are routed. Neither financial institution involved is a bank. Neither is insured by the FDIC.

BTW, feel free to annoy TDPK by hitting my Tip Jar.



Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin has never let facts get in the way of the allegations in his various vexatious lawsuits. This is from the second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness.ECF 135-89_90TDPK wants the court to believe that on 25 May, 2012, that Glenn Beck published an article about Aaron Walker being SWATted.

Uh, huh.

Take a look at the date on the police report relating to the Walker SWATting. (You can view the entire report here.)AW_SWAT_reportThe report is dated 25 June, 2012. That’s the day that the gag order portion of the peace order TDPK had won against Aaron Walker was ruled unconstitutional and set aside. (The peace order itself was thrown out a couple of weeks later.) 25 May was the date of the Everyone Blog About Brett Kimberlin Day blogburst. While many blogs, including Hogewash!, wrote about TDPK on that day, none of them wrote about a SWATting that wasn’t going to occur for another month.

One or two typos or minor errors might occur in an 82-page document. (That’s the length of TDPK second amended complaint. Court rules limit such filings to 50 pages.) However, given the pervasiveness of the falsehoods in all his court papers, the Gentle Reader should not be surprised to learn that it’s my opinion that those errors are not mistakes. I believe they are lies.

Disney Crocodile_350Meanwhile, the clock is ticking/tocking away, and pages are being turned on the calendar. Brett Kimberlin’s omnibus response to the (eleven, so far) motions to dismiss his vexatious RICO Madness is due on 8 December. Perhaps The Dread Pro-Se Pirate Kimberlin should be careful when he hears that tick/tock sound.

Stay tuned.