Team Kimberlin Post of the Day


bot_logoSome of the newer followers of The Saga of The Dread Pro-Se Kimberlin may wonder why he is called that. The nickname descends from an earlier one—The Dread Pirate Kimberlin. That came about after he put up a spectacularly unsuccessful pirate-theme fundraising website called Bloggers Offense Team. I found Kimberlin’s choice of the pirate-related logo at left is interesting. Pirates aren’t semi-sympathetic, comedic characters from a Johnny Depp movie. They are criminals. Was the mask slipping?

That got me to thinking … While Brett Kimberlin’s unconstitutional peace order prohibiting Aaron Walker from blogging about him was in place, I had taken to referring to Kimberlin as Lord Voldemort (“He who must not be named”). Why not a piracy themed nickname? The Dread Pirate Kimberlin. I used it, and it stuck—not only with my readers, but other bloggers began using it occasionally too.

As fans of The Princess Bride know, The Dread Pirate Roberts is a pirate of near-mythical reputation, someone feared across the seven seas for his ruthlessness and swordfighting prowess and who is well known for taking no prisoners. Ships immediately surrender and give up their cargos rather than be captured, a fate they imagine to be certain death.

TDPKThe Dread Pirate Kimberlin is more like a legend in his own mind, a pretender who wishes to be feared for his ruthlessness and legal ability and to be known for vanquishing all comers in court. Critics, he thinks, should immediately stop telling the truth about him and give up their First Amendment rights at his command.

It turns out that The Dread Pirate Kimberlin’s legal acumen seems to be as fictional as The Dread Pirate Roberts’ existence. And no one is willing to surrender to The Dread Pirate Kimberlin.

Unanswered Questions


Over the past weekend, Breitbart Unmasked (No, I won’t link to it) published a series of documents related to The Dread Pirate Kimberlin’s attempt to take over several entities associated with Ali Akbar. This particular document caught my eye.

Why would Velvet Revolution US be interested in having an interest in a business called Pundit Syndication, LLC? What would it do with such a trade name? And who are the other members of the limited liability company beside VRUS?

I directed those questions to Jeffrey Cohen, the Executive Director of VRUS. (Mr. Cohen is a lawyer who practices in the area of trademarks and related intellectual property.) I have not, as yet, had a response.

Brett Kimberlin, Racketeer?


It appears that The Dread Pro-Se Kimberlin has reverted to being The Dread Pirate Kimberlin and has taken steps to attempt to achieve control of the National Bloggers Club. Since TDPK alleges that the NBC is a racketeering enterprise, I suppose Kimberlin intends to add its nefarious operations to his existing suite of corporate entities.

Also, is he now suing himself?

This may get to be interesting.

A Day Late and a Dollar Short


Actually, several months late and a million bucks short. The Gentle Reader who has been following The Saga of the Dread Pirate Kimberlin all the way through the Dread Pro-Se phase may remember that I offered to settle with him if he paid me a million dollars when TDPK first filed his Kimberlin v. Walker, et al. nuisance lawsuit. That offer expired when my lawyer had to get involved and file a motion to dismiss. I tried to let TDPK off cheap. He ignored my offer and doubled down with the Kimberlin v. The Universe, et al. RICO Madness.

So where are we now?

In the state lawsuit TDPK has been caught submitting an altered document as an exhibit. The apparent forgery caused him to lose the motion connected with it, and he now faces a motion for sanctions related to submitting it.

popcorn4bkIn the RICO Madness TDPK has been caught serving an apparently forged summons on a non-party to the lawsuit. He’s been caught sending more that one defendant a version of his amended complaint that is not consistent with what he filed with the court. He’s been caught neglecting to serve court papers on defendants. He’s been caught filing an erroneous report on the status of service of process with the court, and that report contains exhibits which do not support the report’s claims and which may be altered. He’s been caught misquoting his own exhibits in other filings. And he continues to ignore the judge’s admonition to properly sign his filings.

The World’s Worst Pro Se Litigant™ should have taken my offer while it was still on the table.

UPDATE—I’m hitting Stacy McCain’s tip jar as a royalty payment for use of his trademarked phrase above. Speaking of Tip Jars

Team Kimberlin Post of the Day


Things will be cooking along on the back burner for the next few day in both the state and federal lawsuits filed by The Dread Pro-Se Kimberlin against my codefendants and me. It’s not that there’s nothing going on—there is—but some things are best left to be discovered by surprise.

Meanwhile, we still need all the help we can get defending these frivolous and vexatious lawsuits. If you would like to help us with the Maryland suit, go to Bomber Sues Bloggers to find out how. If you’d like to help with federal RICO Madness, please drop me a line at the email address shown on the DMCA Contact page.

Team Kimberlin Post of the Day


Last Thursday, The Dread Pro-Se Kimberlin filed a status report with the U. S. District Court concerning his service of process on the defendants in the Kimberlin v. The Universe, et al. RICO Madness. He included the following among his exhibits in that report.AliService

This appears to be a copy of the returned envelope of his attempted service on Ali Akbar. It appears to have sufficient postage that both the federal and state complaints could have been enclosed.

The Maryland state rule requires that service of process by mail be by Certified Mail, Return Receipt Requested, Restricted Delivery. Note that the Restricted Delivery “Yes” box is not checked.AliServiceZoomThat means that the attempt as service was defective.

One of the motions heard yesterday in the Maryland Kimberlin v. Walker, et al. lawsuit was TDPK’s motion for alternate service declaring that Ali had been served. In support of that motion, TDPK submitted what was purported to be a copy of the same envelope, but that copy showed a check mark in the Restricted Delivery “Yes” box. When the Judge Burrell was made aware of the fact that Kimberlin has previously filed an exhibit containing a copy of the envelope that, like the federal filing, did not have the check mark, she noted the inconsistency between the two exhibits and denied TDPK’s motion.

It has been suggested that the exhibit filed with the motion for alternate service on Ali Akbar was forged. That is not inconsistent with the evidence.

Team Kimberlin Post of the Day


Nice try, but a real losing proposition …P-O20131210

“Knowing what the outcome would be …” My, my, my … that’s almost an admission by Bill Schmalfeldt that the charges filed were knowingly false. Still, you have to admire the chutzpah of Team Kimberlin that allowed them to so brazenly attempt to put one of the defendants in The Dread Pirate Kimberlin’s vexatious Kimberlin v. Walker, et al. under the same disability to offer testimony as TDPK.

(For those of you just beginning to follow the Saga of The Dread Pirate Kimberlin, Brett Kimberlin is a convicted perjurer, and Maryland has a law that prohibits convicted perjurers from testifying in any court proceeding.)

Brett Kimberlin is suing four other bloggers and me for writing truthful things about him. You can help us defend ourselves and the First Amendment from his lawfare. Go to Bomber Sues Bloggers to find out how.

Team Kimberlin Post of the Day


RICOMadnessHere’s how The Dread Pirate Kimberlin begins his description of the “RICO Enterprise” in his Kimberlin v. The Universe, et al. lawsuit.BKvNBC115NOVDEC11Note that TDPK alleges that the all of the 20+ defendants were a part of the “RICO Enterprise” from November, 2011. If true (stop laughing), that would mean that I was recruited into the enterprise at a time when my monthly traffic was less than 40% of my current average daily hit rate.

I wonder what the masterminds of the outfit saw in my blogging back then?

RICO Madness


RICOMadnessI’ve been going through The Dread Pirate Kimberlin’s Kimberlin v. The Universe, et al. RICO suit trying to figure out what case might actually be there. In order for a civil RICO complaint to stand up in court, the plaintiff has to properly allege two separate predicate criminal acts by the RICO enterprise. Here’s one of TDPK’s attempts at do so—BKvNBC136Ooooooh! Obstruction of Justice! That’s sounds evil.

18 USC § 1503 deals with trying to interfere with or intimidate a federal juror, officer of a federal court, or a federal judge. TDPK fails to explain which defendant did that to any juror, officer of the court, or judge.

18 USC § 1510 deals with bribery. TDPK fails to accuse any defendant of bribing anyone.

18 USC § 1511 deals with facilitating an illegal gambling business. You can bet that he doesn’t mention gambling, legal or illegal, in his complaint.

Fail.

Prevarication Du Jour


So Bill Schmalfeldt is spreading a tale about “the feds” going to visit The Dread Pirate Kimberlin to pick up a copy of his RICO suit …DBR201312060236What a waste of time! “The feds” could have simply downloaded a copy from PACER.pacer13-cv-03059_20131205BTW, the Amended Complaint that TDPK filed with the court is not the same as the one he served on me. Maybe “the feds” were doing a version check.

Team Kimberlin Post of the Day


This paragraph is from The Dread Pirate Kimberlin’s Kimberlin v. The Universe, et al. RICO lawsuit.BKvUniverse150I wonder where Brett Kimberlin got the idea of using a false narrative for money raising as a business model?

nrawatch dot org
prosecutenewscorp dot com
kochwatch dot org
americancrossroadswatch dot org
indictbreitbart dot org
issaoversight dot org
pussyriotdefensefund dot org

Team Kimberlin Post of the Day


Several folks have asked me why I don’t provide more information about what happened in the Kimberlin v. Walker, et al. scheduling hearing last week. All I’ve reported is what directly affects me: the hearing on my motion to dismiss is scheduled for 13 January, 2014. The rest of the last Wednesday’s hearing dealt with matters relating to other parties. I’ll let them talk about their own stuff.

I have alluded to the fact that the hearing was a difficult one for The Dread Pirate Kimberlin. TDPK has bragged, “I have filed over a hundred lawsuits and another one will be no sweat for me.” Yet, he seems to have foundered on the rocks of the most basic rules of civil procedure. It will be interesting to see if he can get his act together. In time.

Meanwhile, my four codefendants and I could use your help in fighting Brett Kimberlin’s frivolous lawsuit. Go to BomberSuesBloggers to find out how you can help us.

Team Kimberlin Post of the Day


You keep using that word. I do not think it means what you think it means.

103.  On June 8, 2012, Defendant Hoge, who lives in Maryland, wrote a letter to a Congressman in Maryland and imputed that Plaintiff was involved with swattings …

Kimberlin v. The Universe, et al.

im·pute transitive verb \im-ˈpyüt\ represent as being done, caused, or possessed by someone; attribute.

Gentle Reader, you can read the letter The Dread Pirate Kimberlin cites here. Although the letter refers to Brett Kimberlin as a central figure in a controversy and mentions that some bloggers have been SWATted, nothing in it imputes that TDPK did or caused any SWATting.

Rule 11 of the Federal Rules of Civil Procedure requires that a person filing a paper with a court certifies that

the factual contentions have evidentiary support …

Clearly, making a false representation about the contents of a publicly posted letter is a factual contention without evidentiary support. That’s the sort of thing that can be sanctioned under Rule 11(c).

If Kimberlin thought he had a difficult day in court last Wednesday, he ain’t seen nothin’ yet.

Stay tuned.

Team Kimberlin Post of the Day


I’ve been reviewing some of the allegations that The Dread Pirate Kimberlin makes in his Kimberlin v. The Universe, et al. RICO lawsuit. If I weren’t one of the 20+ defendants, my reaction would probably be, “ROFL.”

The text of his amended complaint is full of bizarre claims that are offered with no factual support. In fact, there are so many, it seems I find a new on each time I read the thing. I’m not sure how I missed this one for so long:

11. At all times, Defendants were engaged in interstate commerce or in the production of goods and services for sale or use in interstate commerce.

Really? “At all times” should refer to the entire period covered by the suit. The earliest date mentioned is “September 2010.” The first specific day cited is “October 13, 2010.” This blog came into existence on 24 July, 2011.

“[I]nterstate commerce”? Until, I went on a final “vacation” from work to burn up unused annual leave prior to retirement last May, Hogewash! was operated as a hobby. It was not engaged in commerce. Indeed, I did not even accept donations until I put up a Tip Jar (Feel free to hit it!) at the end of May.

One lawyer who reviewed TDPK’s amended complaint for me refused to describe it a shoddy “because it isn’t that good.” If Kimberlin thinks last Wednesday was a less-than-smooth day in court, he ain’t seen nothin’ yet.

During the period before my answer to TDPK’s complaint was due in the state Kimberlin v. Walker, et al. suit, I gave him an opportunity to settle that suit by paying me a million dollars. That offer is now off the table. I’m not inclined to make a similar offer in the RICO suit, but if I were to do so, I wouldn’t let him off so cheaply.

You can help my four codefendants and me in the state suit stand up to Kimberlin’s attack on our First Amendment rights as bloggers. Go to BomberSuesBloggers to find out how.

Team Kimberlin Post of the Day


I wonder how The Dread Pirate Kimberlin views the new rules proposed by Treasury Department that would affect not-for-profits engaging in such political activities as voter registration drives?

From a recent IRS Form 990 filed by Justice Through Music Project, one of TDPK’s “charities”—JTMP990_2011_extract

The expression “hoist with his own petard” refers to the a military sapper being blown up by his own explosives. It some how seems fitting in this instance.

What the Recording System Heard in Court Today


While discussing the identity of the anonymous blogger with the judge this morning, here is exactly what Brett Kimberlin said:

9:39:40 am “I don’t even know who the person is.”

Digital recordings of hearings and trials at the Montgomery County Circuit Courthouse are available immediately after their conclusion. I have a copy of this morning’s audio.

Team Kimberlin Post of the Day


There’s a hearing at 9:30 this morning in the Kimberlin v. Walker, et al. lawsuit. It’s a scheduling hearing to iron out various dates going forward. None of the merits of the case should be covered. I will be represented by counsel and don’t really need to attend, but I plan to be there to observe. At least one of my other codefendants plans to be there as well.

Thus far, the first hearing that will deal with the merits of the case is scheduled for mid January. It will deal with motions to dismiss.

The Kimberlin v. Walker, et al. suit was filed by Brett Kimberlin against five bloggers (I’m one of them). He is suing us for $1,000,000 because we wrote truthful things about him. You can help us fight this frivolous and vexatious lawsuit attacking our First Amendment rights. Go to Bomber Sues Bloggers to find out how.

Team Kimberlin Post of the Day


This person was photographed in a light-colored (white or silver) Toyota Highlander parked across the street from Bobby McKeys, the venue for BlobBash, on the evening of 14 March, 2013.MuslimsGentle Reader, who do you suppose it is stalking BlogBash?

Prevarication Du Jour


BU_DanBackerOne of my codefendants in the Kimberlin v. The Universe, et al. RICO lawsuit is DB Capitol Strategies, a firm run by Dan Backer. Dan got on The Dread Pirate Kimberlin’s enemies list because he represented Aaron Walker in his suits against TDPK in 2012.

The picture and caption on the right are from the sidebar Breitbart Unmasked (No, I won’t link to it.). Like so much of the junk found at that site, it is utterly wrong. The only thing they got right about Dan is the spelling of his name. For example, he did not argue McCutcheon v. FEC at the Supreme Court. According to the Court’s transcript, Erin Murphy did.

Not only are the bozos who run that site liars, they’re not very good liars—as a 30 second Google search often demonstrates.

Fail.

Team Kimberlin Post of the Day


Brett Kimberlin runs a couple of spectacularly ineffective not-for-profits. He brags about the petitions he circulates, but he rarely talks about results. Here’s a worked example of why. (You can click on the image to embiggen it.) This petition is sponsored by NRA Watch which is one of the projects of The Dread Pirate Kimblerlin’s 501(c)4, Velvet Revolution US.VRUS_GunPetitionThis petition was put up in early May. It’s been up over six months and has only 16 signatures.

Fail.