Team Kimberlin—A Review


I’ve been blogging about the Team Kimberlin story since Lee Stranahan kicked off the Everybody Blog About Brett Kimberlin Day last May. Since July, I’ve done some original reporting on the Kimberlin v. Walker and Walker v. Kimberlin cases because they have been playing out in courthouses near my house.

I sometime forget that not everyone has followed those cases or the larger Team Kimberlin story as closely as I have, so it’s time for a bit of review. Stacy McCain has been on the story longer than I have. Here is a summary he posted last December that explains some of the background of the broader story.

First Mate #NealRauhauser’s Failing Memory


I know that I said that I wasn’t going to pay much attention to Team Kimberlin until after the election, but both of FMNR’s regular blog readers have emailed me about this, so I thought I’d pass it along. He has a post up called Understanding Everybody Blog About Brett Kimberlin Day (no, I won’t link to it) in which he says that the blogburst

was triggered by Aaron Walker’s May 22nd arrest for a peace order violation.

The stress of the truth closing in must be affecting FMNR’s memory.

22 May was the date of TDPK’s ex parte hearing related to the peace order and alleged violations. Mr. Walker was arrested at the 29 May hearing. FMNR should know that because he was present at the 29 May hearing. The timing of the hearings and Mr. Walker’s arrest are matters of public record. Neal Rauhauser was seen at the 29 May hearing.

<mockery>At the tail end of his post, FMNR hints darkly that indictments may be brewing and he advises against cleaning up the record because a U. S. Attorney might call that obstruction of justice. He and the rest of Team Kimberlin might want to remember that. Tax evasion, possession of a firearm by a prohibited person, interstate threats, etc., are all matters that a U. S. Attorney might find interesting.</mockery>

It’s fascinating to watch how the wheels are beginning to come off the clown car as it careens about trying to avoid a collision with the truth. I wonder which member of Team Kimberlin will bail out first in an attempt to mitigate the consequences due him.

We’ll see. Stay tuned

UPDATE–As is noted in the first comment below, the Everybody Blog About Brett Kimberlin blogburst was on 25 May, before Aaron Walker was arrested. Not only is FMNR appearing to have memory issues, he seems to have lost his grip on the concept of cause and effect.

On the Publication of Sealed Documents


I do not have any of the discovery materials for any of the parties in the Virginia Walker v. Kimberlin, et al. civil suit. I am not a party to the suit, but I was in the courtroom when Judge Potter ordered that the materials be kept confidential, for the eyes of counsel and the judge only. While that order does not apply to me, I believe that I should honor it. I would not publish any of that information if I had it. I blog on this matter as an independent reporter. I’m not a employee or agent of either Aaron Walker or his lawyer. If I were, I would lose the protection that my confidential sources and I enjoy under Maryland’s Reporter’s Shield Law.

Information from the material given to TDPK by Aaron Walker has been selectively leaked in violation of the judge’s order. I don’t see how that can be anything other than a serious error. Violating the judge’s instruction will likely come back to haunt TDPK during the sanctions portion of the hearing on 4 December.

Furthermore, the leaked material actually helps make Aaron Walker’s case. IANAL, so I’ll let commenter BigSkyBob explain how it supports Mr. and Mrs. Walker. If I were on a jury and that were all the evidence I saw, the only question in my mind would be how large the judgment against their former employer should be.

First Mate #NealRauhauser Makes an Unforced Error


After a long day (it’s over 80 miles to Manassas from my house) of non-action in court reporting, I decided to take a look at FMNR’s Kookpocalypse. The site started to look like a nothing-to-see-here-move-along waste of time until I spotted an item he had posted that could only have come to him from The Dread Pirate Kimberlin and that TDPK could only have acquired through discovery in the Virginia Walker v. Kimberlin, et al. lawsuit.

Judge Potter specifically told TDPK on 5 October that discovery was to be kept confidential between the parties, for counsel’s eyes only. Since TDPK is proceeding pro se, that means there is no one else with whom he may share the discovery materials he has received from Aaron Walker. No one. Not even one of the other defendants—they weren’t parties to that discovery.

<mockery>I simply don’t understand TDPK’s strategy of continuing to thumb his nose at Judge Potter’s instructions. Furthermore, I don’t understand why FMNR thinks that posting that sort of stuff will be looked on favorably by the judge. Maybe he really thinks that he has dodged service in the suit. If so, he’s in for a nasty surprise.</mockery>

Dan Backer has been kidding my about my salt consumption with all this popcorn. Actually, I eat it unsalted. The stuff I bought from the Boy Scouts has a smooth, naturally buttery flavor when I pop it in the microwave. I recommend it.

Stay tuned.

UPDATE—Mr. Backer has sent me an email about buying popcorn from Cub Scouts at his Metro stop this evening. Good.

Dread Pirate #BrettKmberlin and Open Questions


The Gentle Readers who have been following the Saga of TDPK for a while may remember that the 2010 IRS Form 990 for TDPK’s 501(c)4, Velvet Revolution US, showed that Brett Kimberlin lent the organization $4,500 dollars that year so that it could pay its bills. One wonders where that money came from considering his family’s apparent financial situation. In 2008, a local hospital got a judgment against a member of his family for a bit more than $5,500 (including legal fees) which has not been satisfied. The hospital is now seeking to garnish that person’s wages.

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Is VRUS’s cash flow really more important to TDPK than family health care bills?

While I haven’t written much about First Mate Neal Rauhauser, it fairly widely known about the Internet that he has said that he has a Glock pistol. Did he acquire it while he was a resident of Illinois? If he did, did he have a valid Illinois Firearm Owners ID card? An FOID is required even to buy ammunition in that state. If FMNR acquired the pistol in Maryland, did the transfer go through a licensed dealer as required by state law? Did he fill out the release for the State Police to check his mental health records? Did they?

Inquiring minds want to know.

UPDATE–It seems that there is an outstanding arrest warrant for FMNR in New Jersey. IANAL, but if, as Stacy McCain suggests, FMNR is now a fugitive, possession of a firearm would be a federal felony.

Dread Pirate #BrettKimberlin’s First Mate


Every captain needs a first mate. TDPK’s first mate is Neal Rauhauser. FMNR is included as one of the et al. in Virginia Walker v. Kimberlin, et al. lawsuit. Here’s the list of things relating to FMNR in the suit.

Count III—Defamation
Count VI—Federal Extortion
Count VII—Maryland Extortion
Count X—Intentional Infliction of Emotional Distress Virginia Law
Count XI—Intentional Infliction of Emotional Distress Maryland Law
Count XVII—Interference with Business Expectancies Virginia Law
Count XVIII—Interference with Business Relations Maryland Law
Count XIX—Interference with Business Expectancies D. C. Law
Count XXIII—Business Conspiracy Under Virginia Code § 18.2-499, 500
Count XXIV—Civil Common Law Conspiracy Virginia
Count XXV—Civil Common Law Conspiracy Maryland
Count XXVI—Civil Common Law Conspiracy New York
Count XXVIII—Federal Stalking

Neal Rauhauser hasn’t answered Aaron Walker’s complaint yet. He is being re-served, and this time the required process is not only being followed, it is being carefully documented at each step. If he doesn’t answer this time, a default judgment will be sought.

FMNR has bragged about the use of lawfare as a means of punishing and harassing his enemies.

We’re dealing with people who have likely had no interaction with the court system beyond a traffic ticket; the potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds.

<mockery>This would seem to be a suboptimal strategy when tried on a lawyer who is an experienced litigator. And even it it were a smart plan, it’s usually a dumb move to explain your strategy to your opponent in advance.

If you don’t play, you can’t win, and you have to show up in court to play this game.</mockery>

TDPK’s nonsense has been a rich lode of raw material for mockery. FMNR is another bountiful source of material. They’re both bad actors. They both need to be made into laughingstocks.

I’ll do my part. Grab some more popcorn and stay tuned.

Tick, tock, tick, tock, …

Dread Pirate #BrettKimberlin’s Frivolous Motions


Brett Kimberlin has bragged about the number of lawsuits that he has filed. His codefendant Neal Rauhauser has written about using the tactic of pro se litigation as a weapon to harass opponents.

We’re dealing with people who have likely had no interaction with the court system beyond a traffic ticket; the potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds.

<mockery>So how has that tactic worked when you tried it against a lawyer who was an experienced litigator and who knows his way around the legal system? How are things going for you now that he’s sued you on his home turf?</mockery>

I posted Aaron Walker’s Motion for Sanctions Against Defendant Kimberlin yesterday. Let’s take a look at Count Three, Violations of Va. Code Ann. § 8.01-271.1. That bit of Virginia’s statues requires that when a motion is filed that “it is not interposed for any improper purpose, such as to harass or cause unnecessary delay or needless increase in the cost of litigation.”

<mockery>That statute is there for the purpose of thwarting lawfare tactics of the sort that Team Kimberlin wishes to use, and it seems clear that Dan Backer, Aaron Walker’s lawyer, has has enough of it. In particular, he is calling TDPK to account for the filing of unrelated material (eg., 23 pages of Eveyone Draw Mohammed cartoons) and for multiple baseless threats of sanctions followed by a baseless sanctions motion. (TDPK’s sanctions motion against Mr. Backer was denied on 5 October.)

So TDPK probably had better resign himself to either discovery or contempt. If he chooses to remain in contempt, he can possibly look forward to the judge ruling that all of the claims in Mr. Walker’s complaint are valid.</mockery>

The hearing on the Walker Motion for Sanctions is a week from today. In a week, we’ll see if TDPK was able to take a day away from his election duties, whatever they are, to defend his interests. We’ll see if he decides to obey the court’s orders on discovery.

Meanwhile, there’s still plenty of unridiculed foolishness left to mock. Considering how this could affect popcorn sales, I’m beginning to wish that I’d invested in Orville Redenbacher. Stay tuned.

Tick, tock, tick, tock, …

In the Hall of the Mountain King


If the phrase In the Hall of the Mountain King means anything to most people, it’s as the title to one of the parts of Edvard Grieg’s Peer Gynt Suite. Cinema buffs may also associate that tune with the movie M, as the music played just as the serial killer played by Peter Lorre strikes.

I was reminded of the phrase while reading this post about Neal Rauhauser over at The Other McCain. Stacy McCain wonders whether Mr. Rauhauser is evil or crazy or both. (My guess is that both is the correct answer.)

Rauhauser thinks of his evil acts as heroic, avenging the wrongs he alleges have been done by the dehumanized scapegoats whom he alternately diminishes (as insignificant “trolls,” etc.) and magnifies as dangerous enemies, as suits his selfish purposes.

I would argue, and this where the Hall of the Mountain King comes in, that what Neal Rauhauser wants to be is King of the Trolls like the character in Act II of the Ibsen play Peer Gynt. After Peer Gynt meets the Troll King’s daughter, the Troll King offers him the opportunity to become a troll—if Peer marries the daughter. Peer declines in the end. An important plot point that is crucial to understanding the play is a question asked by the Troll King: “What is the difference between troll and man?” The answer given is: “Out there, where sky shines, humans say, ‘To thyself be true.’ In here, trolls say, ‘Be true to yourself and to hell with the world.’” Egoism is a defining trait of the trolls in the play.

So it is with Mr. Rauahauser. His seeming lack of empathy might allow him to believe that he is merely following Polonius’ advice (and the Troll Motto)—To Thine Own Self Be True—while ignoring “And it must follow, as the night the day, Thou canst not then be false to any man.”

Neal Rauhauser, wannabe King of the Trolls. That might explain a lot.

Oh, and one more thing … Stacy McCain describes Neal Rauhauser as Patient Zero in the Weinergate nonsense. A better description might be the virus.

Yet one more thing … You can tell that I didn’t go to Harvard. I referred to M as a movie instead of a film.

Dread Pirate #BrettKimberlin: Unconnected Dots and Loose Ends


Over the last week or so, I’ve been blogging about various court filings related to the Kimberlin v. Walker cases in Maryland and the Walker v. Kimberlin, et al. case in Virginia. Not all the dots are connected yet, and we still have plenty of loose ends. Here’re a few of the ones I haven’t been able to connect or tieup (at least publicly) as yet.

1. In his Motion for Continuance Brett Kimberlin wrote that he had a previous engagement on the day of the hearing on Aaron Walker’s Motion to Compel. I wasn’t at the hearing, but I know from the record that the Kimberlin motion was denied and the Walker motion was granted. The record doesn’t show whether or not Kimberlin showed up in court. Was he there? Was he a no-show in order to avoid answering questions about the contents of his motion? He would have been under oath.

2. The Kimberlin Motion for Continuance contains a statement that “Defendant is working with law enforcement officials on matters related to this case …” What does “working with” mean? It could mean that he is filing baseless complaints in order to say that there are police/FBI/IRS/SEC/whoever investigations in progress. He’s tried that in the past. It could mean that he has been interviewed by one or more law enforcement agencies. It could mean that he is a “person of interest” to law enforcement.

3. There is a connection between Brett Kimberlin and Neal Rauhauser beyond being defendants in the same lawsuit. There is also a connection between Neal Rauhauser and Barrett Brown. Now that Mr. Brown is in federal custody and possibly cutting a deal, how might that effect Team Kimberlin? Does The Dread Pirate Kimberlin have a mutineer on his hands? Or a loose cannon on deck?

4. Now that there’s congressional interest in SWATting, are other forms of threatening harassment more fashionable? Just as the Walker v. Kimberlin, et al. case began heating up, the Liberal Grouch began stirring up trouble. Connections? Coincidence?

There are more dots and loose ends out there, but these are enough for today. Discuss among yourselves. Comments are open but moderated.

Tick, tick, tick, tick, …

Social Engineering 101


Rather than get a life, Neal Rauhauser has decided to make his living in the exciting field of Social Engineering. My initial experience with that term was in the context of people who tried to con other folks out of sensitive information. Mr. Rauhauser’s version of Social Engineering is used to attempt to control the narrative about a subject by suckering folks into believing false information.

Stacy McCain provides a short course in Mr. Rauhauser’s methods by way of a worked example from his own experience. Read the whole thing.

Dread Pirate #BrettKimberlin Post of the Day


In earlier episodes in the continuing saga of Dread Pirate Kimberlin we looked at the filings relating to Friday’s hearing on Aaron Walker’s Motion to Compel Discovery in Walker v. Kimberlin, et. al. Yesterday, we examined his attempt intervene in a hearing related to the other defendants in the case.

Those who have been following the exciting narrative will recall that Mr. Kimberlin has said that he didn’t intend to cooperate with discovery in the case. While I don’t have a copy of the court’s order in hand, I have reason to believe that the result of Friday’s hearing was an order to compel discovery.

Today, let’s rewind the tape and take a look at how Mr. Kimberlin has trouble keeping his stories straight.

In his response to Aaron Walker’s Complaint, Brett Kimberlin disavowed any conspiratorial connection with the other defendants in the suit. Yet, in the email shown in Exhibit J of the Walker Motion to Compel, Mr. Kimberlin writes:

You have filed for default against people … who have no assets whatsoever. Ok let’s take this to the next step. You get default, the what? Get a hearing for damages? Go after their assets? They have none.

How does he know that? Is he making an educated guess based, for example, on how (it is alleged) Neal Rauhauser’s ex-wife has been unable to collect child support? Or does he have a better informed knowledge because, for example, Messrs. Brynaert and Rauhauser are on his payroll? Inquiring minds want to know. And the truth will eventually come out about how tightly the three defendants in this case have been working together. Indeed, the first two questions in the Walker Interrogatories are

IANAL, but I suspect that the answers to these and other interesting questions will be available within a few weeks … or it will be time for some rather severe sanctions.

On Monday, we’ll consider Mr. Kimberlin’s pleadings concerning of a portion of the Bill of Rights. Until then …

Tick, tick, tick, tick, …

#BrettKimberlin’s Latest Lies


Stacy McCain has a summary of Team Kimberlin’s latest lying attack. This one is aimed at a Romney campaign staffer. Posting at Democratic Revolution as under the name of one of his not-for-profits (a cheesy outfit I call the Velveeta Revolution), Team Kimberlin accuses Romney staffer Bill Murray of fraud. That posting relies on an article at The Democratic Daily by Alex Brant-Zawadzki. Mr. Brant-Zawadzki is a cyber colleague of Neal Rauhauser. Mr. Rauhauser works with Brett Kimberlin at Velveeta Revolution.

As Stacy McCain notes:

Brant-Zawadzki’s article (“Romney Staffer Committing Charitable Fraud“) refers to the American Liberty Alliance, a Tea Party-oriented project launched by Eric Odom in 2009 that was subsequently dissolved, as well as the National Bloggers Club, as points of association between Murphy and Ali Akbar, a conservative New Media strategist who is president of the National Bloggers Club. Brant-Zawadzki’s claim that the club is a “fraud” appears to be based entirely on the fact that the non-profit has not yet filed its first report with the Internal Revenue Service. Yet as Akbar has explained, the club was only organized in February of this year, and has up to one full year to report its activities to the IRS.

I’ll bet that that the National Bloggers Club could be persuaded to open its books for an audit if either the Justice Through Music Project or (OK, I’ll use it’s legal name) the Velvet Revolution did the same.

Put up or shut up, Mr. Kimberlin.

UPDATE—There’s been some buzz on the Interwebs about whether or not the National Bloggers Club is a 503(c)(3) organization. In order to determine that, we can look at 26 USC 503(c):

(c) List of exempt organizations

(3) Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.

IANAL, but from what I know about the National Bloggers Club it seems to fit that description. Some people are writing that because NBC has not filed with the IRS yet for recognition of an exemption, they are not organized as a 503(c)(3) entity. That doesn’t seem to be what the Internal Revenue Code requires. Indeed, the IRS web page on how to register as a 501(c)(3) has this:

Generally, organizations required to apply for recognition of exemption must notify the Service within 27 months from the date of their formation to be treated as described in section 501(c)(3) from the date formed.

Clearly, NBC is within that 27 month window. There really is nothing to see here. We do need to move along and stop feeding the trolls.

UPDATE 2—As I mentioned above, IANAL nor am I any sort of tax professional. However, I have been a director or trustee of several 501(c)(3) organizations and was the Treasurer responsible for IRS filings at one. I write based on that experience. There’s someone hiding behind a nom de cyber who is trying to post incomplete (and therefore misleading) information about what a 501(c)(3) organization is required to do and when it is required to do it. Nice try, but you’re blocked.

#BrettKimberlin Post of the Day


Messrs. Rauhauser and Brynaert getting a bit more time because of technicality will likely increase the attorneys’ fees owed at the end of the case. In a sense, that’s a win for the other side’s lawyers. Meanwhile, …

… your brass knuckles reputation management strategy isn’t generating much sympathy in the real world.

Justice through blogging. And eventually the courts.

Tick, tick, tick, tick, …

The Law’s Delay …


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UPDATE–I just got off the phone with Aaron Walker. The Walker v. Kimberlin, et al. case is being tried in Virginia, but the defendants live in other states. Service of process to out-of-state individuals can be complicated, and the judge wants all the boxes ticked off with no possible errors before entering a default judgement. Mr. Walker’s lawyers will make sure that Neal Rauhauser and Ron Brynaert are served a second time per the judge’s instructions. That will have the effect of restarting the clock for Messrs. Rauhauser and Brynaert to respond. If they still don’t respond in a timely manner, a default judgment will follow.

Today’s hearing had no effect on the case against Brett Kimberlin. There is a hearing scheduled to compel his cooperation with discovery on 14 September. He has asked for a continuance because he will be out of the state on that day. Well, duh, the court is in Virginia, and Mr. Kimberlin lives in Maryland. It will be interesting to see if the Judge buys that excuse.

Justice can’t be bought, but it still has costs associated with it. You can help Aaron Walker in his defense of our First Amendment rights by contributing to the Blogger Defense Team. Go here and click on the DONATE button.

Blogger Defense Team Goes to Court on Friday


I just got off the phone with Aaron Walker. He is preparing for the default judgment hearing this Friday against Neal Rauhauser and Ron Brynaert in the Walker v. Kimberlin, et al. lawsuit in Virginia. While most of our conversation was off the record, I can say that Mr. Walker and his lawyers seem to have an excellent strategy.

I wish I my schedule would permit me to be at the hearing, but Mr. Walker says that he will be tweeting the results as soon as he is out of the courthouse. It will an interesting day on Friday.

Pass the popcorn.

Oh, one more thing … You can support Aaron Walker’s effort to vindicate our First Amendment rights. Go here and click on the DONATE button for the Blogger Defense Team.

Quid Est Veritas?


Truth is an absolute defense against libel, and it should also be an absolute defense against the sort of bogus claims being made by jerks like Brett Kimberlin and Neal Rauhauser.

Senator John Kyle (R, AZ) has introduced the Free Press Act of 2012 (S.B. 3493) which would provide protection in the federal court from SLAPP lawsuits. More info here. (H/T, Stacy McCain)

This is a good thing. It can cost an arm and a leg just to get a frivolous suit quashed. Claiming harassment or tortious interference with business because someone told the truth shouldn’t allowed, especially by a public person.

Inquiring Minds Want to Know


Bob Belvedere asks concerning the events of the weekend:

Does this portend another offensive by Kimberlin / Rauhauser Cell? Or is this merely being done in anticipation of a judgement being issued against Kimberlin by the judge in Virginia that is hearing Aaron Walker’s case against Kimberlin and others?

I’d bet there’s some of each involved. The smackdown will be interesting. Pass the popcorn.

Neal Rauhauser Digs a Deeper Hole?


Stacy McCain points to an anonymous 1,000 word article posted at Pastebin that advances a wacky conspiracy theory about Patrick Frey and others who have been the targets of Neal Rauhauser and other members of Team Kimberlin. The post tries to sell the idea that Patrick Frey has exploited mentally ill people for the purpose of framing Anthony Weiner (as if Weiner didn’t post those pictures of himself) and then for the purpose of covering up his dirty deeds.

It’s nonsense. It’s a crude smear. You can read a copy of the post at the link to The Other McCain above, and you may have to read it there. Mr. Rauhauser has a habit of deleting his bogus posts when reality closes in.

Stacy McCain dissects the piece, so I won’t bother, but I want to comment on a couple of points.

At one point in the post it refers to “Islamophobic hate talker Aaron Walker.” I’d like to challenge that. I know Aaron Walker. He is not a believer in Islam, but I haven’t heard him express hatred for anyone simply because that person holds that faith. Mr. Walker has no love for terrorists, including those who commit terror in the name of Islam. He certainly isn’t Islamophobic.

The post also says:

Aaron Walker is not on psych disability yet, but his hate speech coupled with his poor courtroom demeanor will cost him his career as a lawyer.

I sat across the aisle from Neal Rauhauser in the courtroom during the 5 July Kimberlin v. Walker Peace Order hearing. I didn’t see anything in Aaron Walker’s behavior that could be described as poor courtroom demeanor. He and his lawyer handled themselves quite effectively. It was Brett Kimberlin who the judge had to keep on track.

Lily Tomlin once said that reality is a crutch for people who can’t handle drugs. It also seems to be a stumbling block for a former dope dealer and his posse.

Pushing Back More Than Twice As Hard


Ron Brynaert and Neal Rauhauser have committed the legal equivalent of bringing a knife to a gun fight. They failed to answer Aaron Walker’s complaint in Mr. Walker’s lawsuit against them and Brett Kimberlin. Aaron Walker is filing for a default judgement against Mr. Brynaert and Mr. Rauhauser, and he his begun the discovery process against Mr. Kimberlin. You can find more details here.

While you’re over at Aaron Walker’s site, be sure to hit the DONATE button if you want to support his struggle for the First Amendment.

UPDATE–

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Heh.

UPDATE 2—Stacy McCain feels that the idea of Brett Kimberlin having to answer questions under penalty of perjury is a good definition of more fun than a barrel of monkeys