Team Kimberlin Post of the Day

It was ten years ago today, that I first covered a court hearing involving Brett Kimberlin. It was Aaron Walker’s successful appeal finally overturning the peace order that had be granted by Judge Vaughy. This was one of Kimberlin’s first losses in his failed campaign of lawfare, and it certainly wasn’t the last.

Oh, and since I didn’t say this then, I’ll say it now: Qapla’

Today’s Shooting in Highland Park

I’ve been asked to speculate on the type of weapon used by the Highland Park shooter. I’ve heard audio of the shooting, but beyond commenting that it was likely some sort of repeating firearm, I’ve got nothing else to say. The type of weapon will eventually be identified.

I’ve seen an unsubstantiated report that a “high powered” rifle has been recovered. Perhaps one was. I’m content to wait for the police or prosecutors working the case to identify the weapon when it suits the progress of their investigation.

Quote of the Day

The date will be the most memorable epoch in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival. It ought to be commemorated as the day of deliverance, by solemn acts of devotion to God Almighty. It ought to be solemnized with pomp and parade, with shows, games, sports, guns, bells, bonfires, and illuminations, from one end of this continent to the other, from this time forward forever more.

—John Adams

Team Kimberlin Post of the Day

Brett Kimberlin’s attempts to use lawfare to silence and/or punish his perceived enemies became more unsuccessful as he went along. Most of the first defamation case was disposed of at summary judgment (explained below), and the rest of it failed when the judge stopped the trial after Kimberlin had rested his case because he hadn’t shown any evidence to support his case. The most of the second case failed to survive motions to dismiss, and the last defendant won at summary judgment. The third and fourth defamation cases didn’t survive motions to dismiss, and the fifth case was dismissed by the court on its own motion before any summons were issued to the defendants.

The TKPOTD for eight years ago today dealt with the summary judgment in the first case.

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Judge McGann threw out five of the seven claims for relief in the Kimberlin v. Walker, et al. nuisance lawsuit on Tuesday morning. He also denied The Dread Pro-Se Kimberlin’s motion for summary judgment against the defendants.

I have held off publishing either sides filings related to yesterday’s hearing until after the judge ruled. Now that TDPK’s motion for summary judgment has been denied, I’ll comment on it.

But first let me explain to those of you with your hands raised about what a summary judgment is.

A summary judgment is one entered by a court for one party and against another party without a full trial. It’s a determination on the merits based upon the court’s finding that there are no disputes of material fact requiring a trial to resolve and that in applying the law to the undisputed facts, one party is clearly entitled to judgment. In plain English that means that yesterday the judge found that there was no question that both the facts and the law were against Kimberlin’s claims for relief related to abuse of process and malicious prosecution, conspiracy to abuse process, intentional infliction of emotional distress, harassment, and stalking.

In order to establish the elements of malicious prosecution, TPDK needed to allege that the criminal complaints filed against him were without probable cause and were filed with malicious intent. He did not allege either with sufficient particularity for the judge or the defendants to know what acts the defendants might have committed that resulted in his claimed tort.

He had a similar problem with his allegation of conspiracy to abuse process. He also could not overcome the fact that conspiracy is not, itself, a tort.

He did not allege the elements of intentional infliction of emotional distress with sufficient particularity for the court understand the nature of his distress or what damages he might have suffered. Pleading severe butthurt was a non-starter.

The claims for stalking and harassment were thrown out very early in the hearing after it was pointed out that there are no such torts and after TDPK admitted he could cite no case law supporting his claim.

popcorn4bkThe counts related to defamation and false light invasion of privacy still survive. For. Now. TDPK hasn’t provided any of the discovery related to those claims, and the sanctions imposed by the court will prohibit him from introducing any related evidence if he has not complied with discovery by 10 July.

Stay tuned.

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Since I didn’t say it then, I’ll say it now: Qapla’

The Supreme Court Term

Given the Dobbs, Bruen, and West Virginia v. EPA decisions and orders in multiple cases such as Box v. Planned Parenthood and Bianchi v. Frosh, the Supreme Court appears to have decided that government by experts, including “expert” judges, must yield to democratic processes spelled out in the Constitution and that those experts should keep their noses out of the people’s personal business the Constitution shields from government intrusion.

I’ve heard it said that Conan best summarized the results thus far—

To crush your enemies. See them driven before you. And to hear the lamentations of their women—

although the Barbarian probably wasn’t a biologist.

Team Kimberlin Post of the Day

The State Department’s Rewards for Justice program is offering a reward of up to $10 million for information on foreign interference in U.S. elections.

The reward offer seeks information leading to the identification or location of any foreign person or entity who knowingly engaged or is engaging in foreign election interference. The reward offer also seeks information leading to the prevention, frustration, or favorable resolution of an act of foreign election interference, including by dismantling, in whole or significant part, an organization engaged in such activity.

Will Brett Kimberlin and Protect Our Elections/EMPR Inc be able to cash in?

Civil Rights Victories

This is from today’s Order List of the Supreme Court—

Bianchi v. Frosh is the challenge to Maryland’s “assault weapons” ban.

The Court also granted certiorari petitions on the New Jersey and California standard capacity magazine ban cases, vacated the lower courts’ judgments, and sent the cases back to the Third and Ninth Circuits, and the Court granted the certiorari petition the challenge to Hawaii’s carry permit system, vacated the Ninth Circuit’s judgment, returned that case to the circuit court.

Things are proceeding more quickly than I had foreseen.

An Odd Dwarf : The Sky Rocket Galaxy

Kiso 5639A firestorm of star birth is lighting up one end of the diminutive galaxy Kiso 5639. The dwarf galaxy is shaped like a flattened pancake, but because we see it edge-on, it resembles a skyrocket with a blazing head and a long tail.

Kiso 5639 is rare among nearby galaxies. It’s an example of a sort of elongated galaxies that occur in abundance at larger distances, where we observe the universe during earlier epochs. The bright gas in the galaxy’s head contains fewer heavier elements (referred to as “metals” by astronomers) such as carbon and oxygen than the rest of the galaxy. Stars consist mainly of hydrogen and helium, but cook up other “heavier” elements. When the stars die, they release their heavy elements and enrich the surrounding gas.

The galaxy, located 82 million light-years away, has taken billions of years to develop because it has been drifting through an isolated “desert” in the universe, devoid of much gas. Several dozen clusters of stars have been observed in the galaxy’s star-forming head, which spans 2,700 light-years across. These clusters have an average age of less than a million years. Other star formation is taking place throughout the galaxy but on a much smaller scale. Star clusters in the rest of the galaxy are between several million to a few billion years old. Observations suggest that less than a million years ago, Kiso 5639’s leading edge encountered a filament of gas in intergalactic space. The filament could have lost a large amount of matter the galaxy, stoking the vigorous star birth.

Image Credit: NASA

Team Kimberlin Post of the Day

It was eight years ago today that I posted this note about Obscenity in Maryland.

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The following is from Md. Criminal Law § 11-202

Obscene matter—Distribution, exhibition, importation, and publication
Prohibited
(a) A person may not:

3) in the State prepare, publish, print, exhibit, distribute, or offer to distribute any obscene matter …

If I were the creator of certain images that have already been introduced into evidence at one trial, I wouldn’t do anything that might cause a Maryland law enforcement officer to look at them.

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Some crimes have no statute of limitations.