Team Kimberlin Post of the Day


Here’s a status update on some of the members of Team Kimberlin.

Dread Pirate Brett Kimberlin is considering what happens when the consequences of one’s old lies catch up with one.

First Mate Neal Rauhauser is being kept away from any navigation duties until he can tell the difference between Norway and Sweden on a map.

Crew Member Ron Brynaert is keeping a low profile.

Cabin Boy Bill Schmalfeldt is still trying to achieve journeyman status as a Twitter troll with his new handle @KUeatsboogers.

Imaginary Friend Occupy Rebellion admits to being a troll but not to being a real person.

And a new person has joined the crew—

Ship’s Troubadour Craig Gillette has been working photo recon and searching for CPAC maggots to snap pictures of.

Team Kimberlin Post of the Day


Yesterday, I explained the origin of the title The Dread Pirate Kimberlin. Here’s a repost of the original listing of his crew from last November—Brett Kimberlin’s Ship of Fools.  Note that the relative importance of some characters has changed.

DRAMATIS PERSONAE

The Dread Pirate Kimberlin—(AKA Brett Kimberlin, The Speedway Bomber, John Doe 1, Breitbart Unmasked) A Director of and sole full-time employee of Justice Through Music Project and unpaid employee of Velvet Revolution US. Convicted felon with a rap sheet too long for this space. Apparently not a registered voter. [A correction about Kimberlin's status as a registered voter was published after he doxed himself in a court filing and I was able to determine his date of birth. I regret the original error.]

His Crew

First Mate Neal Rauhauser—Tragically-failed wind-powered ammonia plant entrepreneur. Hacker wannabe. Democratic Party operative. Deadbeat dad. [And he may already be a Weiner.]
Crew Member Ron Brynaert—Erstwhile reporter. Possible SWATting suspect. Potential mutineer.
Cabin Boy Bill Schmalfeldt—(AKA Liberal Grouch) Minor, if somewhat grandiose, Twitter troll and selective blogger of sealed court papers. [Recently promoted to major nuisance.]
Imaginary Friend Occupy Rebellion—(AKA Sheridan) Twitter sock puppet.

His Enablers

Jeffrey R. Cohen, Esq.—Intellectual property lawyer and Executive Director of JTMP and VRUS. His signature is on their IRS Form 990s.
Brad Friedman—A Director of Velvet Revolution US.
Myra Lowenthal, CPA—Accountant who prepared the IRS Form 990s for JTMP and VRUS.

Assorted fanboys, wannabes, third- and fourth-rate musicians, trolls, useful idiots, and fools.

Dread Pirate #BrettKimberlin: Year in Review 7


As 2012 has been winding down, we’ve been looking at how the year has gone in TDPK legal cases that reached closure. The summary is a batting average of .000.

TDPK has had help with his shenanigans, first, from his crew, the members of Team Kimberlin, and, second, from a group of enablers. His crew have been a particular help on the Internet. First Mate Neal Rauhauser fancies himself a master of Internet skullduggery. Actually, he’s merely a hacker wannabe who seems to engage mostly in sock puppetry and crude identity theft. He is pretty good at social engineering with some kinds of people. Barrett Brown, for example. FMNR is one of the codefendants in the Virginia Walker v. Kimberlin, et al. lawsuit. He spent the year dodging service on the suit while writing blog posts about it. The only time I saw him in court was when he accompanied TDPK to the 5 July peace order trial. My esteemed colleague Stacy McCain believes that FMNR was the writer of the Breitbart Unmasked blog until Cabin Boy Bill Schmalfeldt took over.

Crew Member Ron Brynaert is the other et al. defendant in that Virginia lawsuit. He has kept a relatively low profile through the year, at times, trying to disassociate himself with other crew members. One wonders if he might be the first mutineer.

Cabin Boy Bill Schmalfeldt, OTOH, has become a gung ho member. Since taking over Breitbart Unmasked, he has become Team Kimberlin’s public, um, … I guess mouthpiece is the best word, although that seems to be the wrong bodily orifice. He has childishly tried to bait those of us who have written about TDPK and, occasionally, stepped over the line to really threatening behavior. Aaron Walker, Stacy McCain, and Lee Stranahan have all been on the receiving in of his cyberstalking. I have merely been the target of obnoxious and obscene tweets on Twitter. While he reminds some folks of a Jabba the Hutt wannabe, I see CBBS as more like Signor Ugarte in Casablanca.

Ugarte: You despise me, don’t you?
Rick Blaine: I probably would if I gave you any thought.

Imaginary Friend Occupy Rebellion (aka Sheridan) is the Twitter account of an allegedly female TDPK groupie. I believe that the account is a sock puppet and blocked it as soon as I began receiving obscene tweets. As of this posting, the account’s tweets are private.

In addition to the members of his crew, TDPK has a group of enablers.

Jeffery R. Cohen, Esq., is the Executive Director the two Kimberlin “charities.” I note with some interest that the SWATting threat I received came as a comment to a post about Mr. Cohen and his relationship to TDPK via the “charities.”

Brad Friedman is listed as one of the Directors of Velvet Revolution US, the 501(c)4 “charity.”

Kevin Zeese, Esq., is listed on several pages of the VRUS website as a Director of the organization. He is not listed as such on any of their legal filings. Mr. Zeese has filed several frivolous bar complaints against such individuals as Associate Justice Clarence Thomas on behalf of VRUS. During 2012, he sent a letter on behalf of VRUS to the National Bloggers Club demanding that they preserve certain documents. He is also a former Green Party candidate for U. S. Senator in Maryland.

Myra Lowenthal, CPA, is the accountant who prepared and signed the IRS Form 990 submitted through 2010 for Justice Through Music Project and Velvet Revolution US.

I’ve been writing about TDPK since late May. Like  PattericoStacy McCain, and others, I’m committed to writing true things about the activities of Team Kimberlin. As Patrick Frey says, unlike those bozos, I have a life apart from the Internet. Cyberstalking won’t deflect me. Childish tweets won’t deter me. During 2013, you can expect me to continue posting . One day, when I choose to do so, when I feel the time is ripe, I will begin posting some of the more, shall we say, “interesting,” information that the Vast Hogewash Research Organization has uncovered.

It won’t be pretty, but it will be true.

Meanwhile, we have one more day left in 2012. On New Year’s Eve, I’ll present an updated version of the most popular TDPK post of the year. Stay tuned.

A Very Mixed Day


It was very disappointing to hear Judge Potter dismiss the Virginia Walker v. Kimberlin, et al. lawsuit. I’m sure that if the Gentle Reader wishes to hear the celebratory crowing from Team Kimberlin, he can find it on Twitter or one of the websites associated with them.

Let me do a stream of consciousness brain dump on the day. Some of this will duplicate information found at The Other McCain.

1. The judge appeared to be reading from a prepared order which seemed too long to have been written during the recess he took between hearing the oral arguments and ruling. The Gentle Reader is left to draw his own conclusion.

2. There were a couple of people in the courtroom that I could not identify. One was a well-dressed fellow who seem to be a lawyer—perhaps an associate of Jeff Cohen’s firm observing the hearing? The other was a rather rough looking fellow who sat on the back row—muscle?

3. I had a chance to interview both Aaron Walker and Dan Backer after the hearing. While they haven’t formulated their exact response, an appeal or a motion to reconsider are possibilities. Furthermore, the two Walker v. Kimberlin, et al. suits are not the only arrows in the quiver. They might be merely an opening salvo. Some of those possibilities are very interesting.

4. I wound up having lunch with Stacy McCain and Wombat-socho. This was the first time that I’ve met either of them. Wombat’s an impressive guy; he reminded me of the closing lines of the Ogden Nash poem The Wombat:

But I would not engage the wombat
In any form of mortal combat.

5. TDPK has won round one and round two, but the match isn’t over yet. He and his crew need to be brought to justice.

6. Now that I’ve had a chance to size up Stacy McCain, I’d like to echo the warning that Glen Reynolds made about not trying to out-crazy Mr. McCain. Team Kimberlin should not expect to be able to divert him from relentlessly blogging about their mischief.

7. Similarly, they should not expect Hogewash! to let go either. While I consider myself simply to be pigheaded, I have been described as having weapons-grade persistence. I have turned the Vast Hogewash Research Organization loose on Team Kimberlin. The data is rolling in, and, as it becomes useful in bringing the truth to light, it will be published. You can also expect that I won’t tell everything as soon as I know it. Somethings need to wait until the time is ripe.

8. Some material published about me has been blatantly defamatory. I have not responded. Yet. I believe that making corrections and offering apologies for errors is a wise policy.

Dread Pirate #BrettKimberlin and Sanctions


The Dread Pirate Kimberlin has unsuccessfully sought sanctions against Dan Backer, Aaron Walker’s lawyer, in both the federal and Virginia Walker v. Kimberlin, et al. lawsuits. At 10 am this morning, the shoe will be on the other foot. One of the multiple motions to be heard by Judge Potter today is a sanctions motion against TDPK. Sanctions are being sought on four grounds.

The first is the publication of sealed discovery documents. Discovery was sealed because TDPK complained about material leaking onto the Internet and being used to mock him. <mockery>I note that he has used posts from Hogewash! to show how he was being mocked.</mockery> The relief sought in the (Amended) Motion for Sanctions is this:

10. Plaintiff Walker prays this Court hold Defendant Kimberlin in contempt for his willful, purposeful, and blatant violations of this Court’s October 5 Order.

The second is for failing to obey the court’s order to provided the discovery materials sought by Mr. Walker.

19. Plaintiff seeks Attorney’s fees caused by the failure of Defendant Kimberlin to obey the September 14 Order.

20. Plaintiff Walker seeks an order striking out Defendant Kimberlin’s pleadings until the September 14 Order is obeyed in good faith, particularly Defendant Kimberlin’s Motion for Protective Order to Stay Discovery and Motion to Dismiss, which where hand delivered to Counsel on October 5, 2012.

21. Treating Defendant Kimberlin’s actions as contempt of court if he has still refused to fully and faithfully comply with the September 14 Order after the December 4 hearing.

The third count concerns practicing law without a license. While it is perfectly legal for TDPK to represent himself, he isn’t a member of the bar in Virginia and cannnot represent his codefendants.

29. Plaintiff seeks Attorney’s fees caused by bringing to the Court’s attention Defendant Kimberlin’s unlicensed practice of law.

30. Plaintiff requests this Court bar Defendant Kimberlin from defending anyone’s legal interests in this matter other than his own. …

31. Refer Defendant Kimberlin to the proper authorities for misdemeanor charges should he continue to represent his co-defendants.

The fourth count is for filing frivolous motions littered with irrelevant material for improper purposes.

44. Plaintiff seeks Attorney’s fees caused by Defendant Kimbelin’s violation of Va. Code Ann. § 8.01-271.1

45. An Order from this Court directing Defendant Kimberlin to tether his factual assertions, legal arguments, and exhibits to the issue at hand and refrain from including superfluous, immaterial, and irrelevant material related to Counsel or Plaintiff.

Whew. This one motion would make for an interesting hearing, but there’s several more. TDPK has the two motioned mentions above before the court, and Aaron Walker has default motions against the et al. defendants, First Mate Neal Rauhauser and Crew Member Ron Brynaert. It could be a long day in Manassas. It’s a shame they won’t allow popcorn in the courtroom.

popcorn4bkIt’s a two hour drive from Westminster to Manassas, so I’ll be leaving before Oh-Dark-Thirty. I’ll check in on my way into the Court House. I won’t be able to take my iPad or iPhone in to the building, but I’ll head back to my car for them as soon as there’s something to report.

Stay tuned.

Tick, tock, tick, tock, …

Dread Pirate #BrettKimberlin v. The Rules, Part Deux


As I’ve mentioned before, The Dread Pirate Kimberlin’s court filings are so chocked full of stuff and nonsense as to be a marvelously target-rich environment for fisking and mockery. Here’s yet another gem from Defendant Kimberlin’s Response to Plaintiff’s Motion for Sanctions in the Virginia Walker v. Kimberlin, et al. civil suit:

<fisking>

Defendant is a pro se litigant and cannot be held to the stringent standards expected of attorneys. Pro se litigant’s court submissions are to be construed liberally and held to less stringent standards than submissions of lawyers.

And he goes on to cite a bunch of federal case law to that effect. TDPK thus runs aground on the shoals separating the federal courts from those of the several states. The standard he cites does not apply in state matters in Virginia. Indeed, in a recent opinion, the Attorney General of Virginia wrote:

Section 8.01-271.1 provides that the signature of an attorney or party on a pleading constitutes a certification that

(i) he has read the pleading, motion or other paper, (ii) to the best of his knowledge, information and belief, formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and (iii) it is not interposed for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

If a pleading is signed in violation of these provisions, a court is authorized to impose “an appropriate sanction.”

To the extent that a party, an attorney or a pro se litigant engages in conduct worthy of contempt in the presence of the court, the court may sanction such conduct.

The net of all that is that if a pro se litigant signs a court filing in Virginia, the Virginia judiciary is supposed to hold him just as responsible a licensed lawyer for the correctness of the filing.</fisking>

Judge Potter has been patient with TDPK’s pro se shenanigans. He has bent over backwards to give him and the et al. defendants (First Mate Neal Rauhauser and Crew Member Ron Brynaert) second chances to meet their obligations.

<mockery>It’s one thing for a non-lawyer to make a few technical errors and expect a judge to cut him some slack. It’s something quite different to repeatedly file nonsensical motions and responses and such that have no basis in either the facts or the law and still expect patience from the bench.</mockery>

popcorn4bkTomorrow, we will see how Judge Potter rules when he has the evidence before him. I plan on being in the courtroom for the multi-motions hearing and to blog the results as they become available.

Stay tuned.

Tick, tock, tick, tock, …

UPDATE–As I write this update, the post is less 45 minutes old, and Mr. Down-Twinkles has already expressed his disapproval of comparing TDPK’s understanding of the law with that of the Commonwealth Attorney General.

Dread Pirate #BrettKimberlin 101


If you’re just coming in on the Saga of The Dread Pirate Kimberlin, it can be confusing to try to sort out an honest version on the narrative. Stacy McCain has a good summary posted.

Read the whole thing.

Preview of Coming Attractions


The big multi-motion hearing in the Virginia Walker v. Kimberlin, et al. case is scheduled for 10 am, Tuesday morning. The Dread Pirate Kimberlin has filed a motion to have the case dismissed. Aaron Walker, by way of his lawyer Dan Backer, has filed this Response to Defendant Kimberlin’s Motion to Dismiss:

Just in case the judge doesn’t dismiss the suit, TDPK has filed for a protective order to allow him to continue to skate on his discovery obligations. Mr. Backer has filed a Response to Defendant Kimberlin’s Motion for Protective Order to Stay Discovery:

Even though Judge Potter clearly instructed TDPK about his obligation to cooperate with discovery, he has yet to respond with anything other than statements saying he isn’t going to respond. That behavior forms the basis for one of the four counts in this (Amended) Motion for Sanctions Against Defendant Kimberlin:

The other counts have to do with TDPK’s unlicensed practice of law, his continuing breaches of the seal on discovery (a seal he asked for), and his filing of frivolous and irrelevant motions in the case.

There are also motions to be heard concerning the et al. defendants. Neither Crew Member Ron Brynaert nor First Mate Neal Rauhauser responded to the complaint in the suit when it was initially served. However, there were glitches in the paperwork, so default motions against them were denied. They were served a second time, this time with the paperwork in order, and new default motions have been filed.

This one is for CMRB:

This one is for FMNR:

I haven’t included the exhibits with some of these motions. The Gentle Reader can find them using the search box in upper right. This post discusses the significance of and possible result for each motion. (Note that the motion to quash from the cops won’t be heard because TDPK recinded his subpoena duces tecum.)

popcorn4bkI plan to be in the courtroom in Manassas on Tuesday in order to quickly report the outcome the hearing.

Stay tuned.

Tick, tock, tick, tock, …

Walker v. #BrettKimberlin, et al. Federal Filings


The Gentle Reader who has been following the Saga of The Dread Pirate Kimberlin for a while may remember that TDPK threatened Dan Backer, Aaron Walker’s lawyer, with a Motion for Sanctions in the federal Walker v. Kimberlin, et al. lawsuit, said motion to be filed on 20 November. Here are the documents that were filed in the case on that day:

Even the Most Casual Reader will note that neither of the documents is a Motion for Sanctions. The paperwork for a Rule 11 sanction was served on Mr. Backer in time to allow filing with the court on the 20th. Given that Mr. Cohen filed this on that date without filing the Motion for Sanctions as well, perhaps he has reconsidered its validity. It may not be in best interests of his clients, Justice Through Music Project and Velvet Revolution US. Those interests may be rapidly diverging from TDPK’s.

<mockery>Thus far, TDPK’s threat is empty. He may follow through at a later date, or perhaps he’s figured out that wasting a court’s time is not a good way to win a judge to one’s argument.</mockery>

Meanwhile, back in Virginia, the clock is ticking down to 10 am, 4 December. There are, if I’ve got the count right, seven motions on the docket. Two are from TDPK. One is a Motion to Dismiss, and the other is Motion for a Protective Order to allow him to blow off discovery. There is one from the Prince William County Police to quash a subpoena from TDPK for information concerning the ongoing criminal investigation into the SWATting of Aaron Walker. There are four from Aaron Walker. One is a Motion to Deny Dismissal. One is a Motion for Sanctions against TDPK for multiple reasons. Two are Motions for Default Judgments, one against Crew Member Ron Brynaert, the other against First Mate Neal Rauhauser.

IANAL, but folks who are tell me that TDPK’s motions don’t seem to have much basis in law. They also tell me that the police motion to quash is a slam dunk for the cops. They also believe that the default motions against CMRB and FMNR should probably be granted. My lawyer acquaintances say that the interesting part of the hearing will be the sanctions motion against TDPK. They all believe that he should be sanctioned, but there’s a wide range of expectations about what Judge Potter will do.

Stay tuned.

Tick, tock, tick, tock, …

CORRECTION—The Waivers of Service were actually filed with the court by Mr. Backer. It may be that a sanctions motion has been filed but has not been posted to the docket on PACER yet. We will see.

A Thanksgiving Cease Fire


When a felon’s not engaged in his employment
Or perfecting his felonious little plans,
His capacity of innocent enjoyment
Is just as great as any other man’s.

There are no posts planned for the next 24 hours concerning Team Kimberlin. Even an avowed atheist with no one to be thankful to deserves a quiet and peaceful Thanksgiving Day. There will be more days ahead during which we can consider the Saga, so a day off is in order.

Crew Member #RonBrynaert and Default


A Motion for Default Judgment Against Defendant Brynaert has been filed in Walker v. Kimberlin, et al. lawsuit in Virginia. Yesterday, I posted the exhibits attached to the suit that related to establishing that Crew Member Ron Brynaert has been properly served and that time had run out for him to respond to the suit. Here are the other exhibits that were filed with the motion:

These establish that CMRB did, in fact, know that he was being sued. That’s important. Virginia allows for an appeal of a default judgment in some limited circumstance. However, one needs to be able to show that one was completely unaware of the suit.

<mockery>While it is fairly easy to demonstrate that CMRB doesn’t seem to understand the difference between a burro and a burrow (One is an ass. The other is a hole in the ground.), given his tweeting and emailing, it’s going to be impossible for him to claim to be unaware of the lawsuit. I don’t know where CMRB has been getting his legal advice, but there’s better information on the subject on Wikipedia.</mockery>

Two weeks and counting until 4 December, and plenty of interesting activity is due that day. There’s a sanctions motion for The Dread Pirate Kimberlin, and default motions for his two sidekicks, First Mate Neal Rauhauser and CMRB. And speaking of FMNR, we’ll be looking at the exhibits accompanying the default motion for him soon.

Stay tuned.

Tick, tock, tick, tock, …

UPDATE—Instalanche! Thank you, Prof. Reynolds! And welcome, Instapundit readers. Thanks for stopping by. You can find more information on Team Kimberlin and both Walker v. Kimberlin, et al. cases here at Hogewash! Just click on the Home button in the menu bar and scroll around or use the site Search box.

You’ve Been Served, Crew Member #RonBrynaert


When a non-resident of Virginia is sued in that state, court papers are delivered to the Secretary of the Commonwealth who forwards them to the defendant’s last known address. When that happens, service is complete as a matter of law. Period.

Here’re the exhibits that were filed along with the Motion for Default Judgment Against Defendant Brynaert in the Walker v. Kimberlin, et al. case to prove adequate service of process.

Most of it is boring paperwork, but Exhibit B is kinda interesting. It shows how CMRB’s last known address was found. Via Anonymous. In the motion for default we read

5. Plaintiff’s suspicions were confirmed when the online hacker group Anonymous “doxed”  Defendant Brynaert. “Doxing” is a phenomenon where someone who is trying to remain anonymous or hidden—often because he is threatening or harassing people online—has all of his personal information published on the internet.

<mockery>Say, doesn’t First Mate Neal Rauhauser brag about his connections with Anonymous? It almost looks as if he’s using them to throw a codefendant overboard to the sharks, or screaming eels, or whatever.</mockery>

Yes, Gentle Reader, we are passing the point where the various defendant’s personal interests are beginning outweigh their Team Kimberlin spirit. Will we see a mutiny? Will the first man over the side leave via the plank or a lifeboat?

The answers to these and other intriguing questions will be coming soon. Stay tuned.

Default Motions Filed Against #NealRauhauser and #RonBrynaert


As I alluded to late last week, the clock has run out on service of process and time to respond for First Mate Neal Rauhauser and Crew Member Ron Brynaert in the Virginia Walker v. Kimberlin, et al. lawsuit. On Friday, Dan Backer, Aaron Walker’s attorney, filed motions for default against the two et al. defendants. He has asked that the default hearings be consolidated with the other hearings scheduled for 4 December.

Here is the Motion for Default Judgment Against Defendant Brynaert:

Here is the Motion for Default Judgment Against Defendant Rauhauser:

I have the exhibits and will be posting them as well.

<mockery>Both defendants have been unwise in their nonresponse to the court. FMNR has been particularly foolish in mocking the court while posting sealed documents from the discovery material provided to Brett Kimberlin. He has referred to abiding by Judge Potter’s order sealing the material as a “paranoid interpretation of a muddled instruction.” Gentle Reader, do you really think that the Clerk of the Court was paranoid in keeping the documents under seal? And how do you think Judge Potter will react to having his rather clear (I was there in court. I heard him) instructions referred to as muddled?</mockery>

4 December is two weeks from tomorrow. The timer has been reset. Gentle Reader, you’ve got plenty of time to get your popcorn (or Jujubes or Raisinets) ready.

Stay tuned.

Tick, tock, tick, tock, …

Dread Pirate #BrettKimberlin Files Responses


This morning, the Virginia Court Case Information System showed the following new docket items in the Walker v. Kimberlin, et al. civil suit:

The two bottom lines show that a defendant (likely TDPK) has filed a couple of responses (likely the pair of Walker motions, including the Motion for Sanctions, to be heard this Friday).

Take a look at the top two lines. Those log Service Requests from the Plaintiff. They should relate to the re-serving of First Mate Neal Rauhauser and Crew Member Ron Brynaert who are also defendants in the suit.

<mockery>It will be enlightening, I’m sure, to learn what “legal” theory or “facts” TDPK can present to the court to avoid being sanctioned on Friday.

Also, IANAL, and this isn’t legal advice just common sense, but if FMNR and CMRB don’t take service of the suit seriously, they will be in a world of hurt. Be careful, guys. You could wind up walking the plank in a place infested with shrieking eels.</mockery>

The interesting phase of the case is about to begin. The only problem for us spectators is going to be the weight gain from all the popcorn. Stay tuned.

Tick, tock, tick, tock, …