Team Kimberlin Post of the Day


Toward the end of his direct examination of me during the Kimberlin v. Walker, et al. trial, The Dread Pro-Se Kimberlin brought up the subject of Bill Schmalfeldt.

MR. KIMBERLIN: Have you filed any — do you know a reporter named — or an individual named Bill Schmalfeldt?

MR. HOGE: Yes.

MR. KIMBERLIN: Have you filed 367 —

MR. OSTRONIC: Objection.

THE COURT: Sustained —

MR. KIMBERLIN: — criminal charges against Bill Schmalfeldt?

THE COURT: — that is the most leading question I’ve ever heard.

MR. KIMBERLIN: Okay. Have you filed any charges against Bill Smallfeld?

MR. OSTRONIC: I’m still going to object.

THE COURT: Sustained. You can’t tell the person the answer to the question in the question. That’s what a leading question is.

MR. KIMBERLIN: Do you know Bill Schmalfeldt?

MR. HOGE: Yes.

MR. KIMBERLIN: Have you ever filed any charges against him?

MR. HOGE: Yes.

MR. OSTRONIC: Objection.

THE COURT: Overruled.

MR. KIMBERLIN: How many?

MR. HOGE: It’s some place north of 360 for multiple violations of a peace order.

MR. KIMBERLIN: So, 367 criminal charges. My question, what were the results? Simple question. Were they nolle prosed?

MR. HOGE: At my request.

MR. KIMBERLIN: And you — why did you file — what got Smallfeldt on —

MR. OSTRONIC: Objection, your honor. This —

THE COURT: Sustained.

MR. OSTRONIC: — can’t be possibly be defamation —

MR. KIMBERLIN: Okay, I’m only trying to show that these individuals attack anyone. Innocent question. He’s a reporter. He wrote a story.

MR. OSTRONIC: Objection.

THE COURT: Well, that’s not a —

MR. KIMBERLIN: Okay. And what happens?

THE COURT: — cause of action. It’s not a cause of action whether they — even if they did that —

MR. KIMBERLIN: It goes to malice.

THE COURT: — that’s not a cause of action.

MR. KIMBERLIN: It goes to malice, sir.

THE COURT: But — for someone else to be — no. Ask another question if you have one.

TDPK got off that topic and moved on briefly to something else. My lawyer only had one question during cross examination.

MR. OSTRONIC: I just have one question, and — on the Bill Schmalfeldt bit. Your charges were — what was the brief disposition of those?

MR. HOGE: Because of — things were getting so out of hand, at the suggestion of the Carroll County State’s Attorney’s Office, Mr.Schmalfeldt and I engaged in a mediation session. At the mediation session, Mr. Schmalfeldt agreed to abide by the peace order going forward. If I was going to get him to abide by the peace order, there wasn’t any reason to go any further, and so I — if you’re going to do this, then let’s dismiss the charges.

This was the second instance of TDPK trying to make the case that my attempts to enforce the peace order against Bill Schmalfeldt demonstrated malice toward Brett Kimberlin. (The first was in a filing in the Kimberlin v. The Universe, et al. RICO Madness.) I find this more than a little interesting.

Now, it is true that the first time I wrote about Schmalfeldt, I was covering the news of his publication of sealed court documents on Kimberlin’s behalf. However, the basis of the peace order had to do with Schmalfeldt’s subsequent harassment of me. It was not based on any actions taken by TDPK—unless Schmalfeldt was acting as Kimberlin’s agent while harassing me.

Of course, that’s not an unreasonable assumption. Schmalfeldt famously proclaimed that he would not have to be “investigating” folks if they would leave Brett Kimberlin alone.

Whatever.

Bill Schmalfeldt is now effectively sidelined. He knows that any further attempts at using extortionate tactics for his “investigations” will result in pushback, the least of which could be yet another restraining order or peace order. He has no significant following. He sputters and rants about what he reads online to a minuscule audience. No one takes him seriously, and, except for a few people who poke fun at him, almost no one looks at his tweet feed or blog. Essentially all the copies of his recent books that he sold were purchased for use as evidence against him. None of his “friends” have answered any of his tweets for over a week. He’s last year’s train wreck.

He’s also is, or should be, an object lesson to the rest of Team Kimberlin. Their lying, cyberthuggery, and lawfare is doomed to failure when it meets determined opposition. The smarter members will likely try to disentangle themselves. The rest will go down with The Dread Pirate Kimberlin on his sinking ship.

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.