Team Kimberlin Post of the Day


Today is the sixth anniversary of the failure of the Kimberlin v. Walker, et al. nusiance LOLsuit. The Dread Deadbeat Pro-Se Kimberlin had already had five of the seven counts of his complaint thrown out at the summary judgment phase of the case. The remaining defamation and false light claims died when he failed to present any evidence that my codefendants and I has said or written anything thing about him that was false. The judge stopped the trial after Kimberlin rested his case and granted a verdict in our favor.

While the trail was being held, Bill Schmalfeldt was engaged in PR tweeting on Kimberlin’s behalf. I published this post titled The Cabin Boy™ Gets One Right For A Change early in the morning six years ago today before the second day of the trial had started.

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He pontificates thusly:rnusa201408111139ZMr. & Mrs. Stranahan, a mother in Wisconsin, a dentist in Pennsylvania, Chris Heather, Ali Akbar, Mr. & Mrs. Causey, Mr. & Mrs. Walker, Mrs. Hoge, and several others were unavailable for comment.

My comment is unprintable.

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It took several more losses before either The Dread Deadbeat Pro-Se Kimberlin or the Cabin Boy™ began to learn they were punching beyond their reach and fighting in a class well above their intellectual weight. Indeed, I am not sure they have completely grasped the full nature of their folly yet.

Heard at the In Re Flynn Hearing


Here’s what may be the money quote from the en banc rehearing of the In Re Michael Flynn mandamus petition at the Court of Appeals for the DC Circuit today. In explaining why the list of reasons for dismissal given to the trial court were sufficient but not necessarily exhaustive, Acting Solicitor General Jeff Wall said—

The AG sees this in context of non-public information. It may be possible that the AG had before him information that he was not able to share with the Court.

Hmmmmm.

UPDATE—See my comment below.

Team Kimberlin Post of the Day


There’s a Chinese curse that goes, “May you come to the attention of the authorities.” This episode of Yours Truly, Johnny Atsign from five years ago today provides an example of how engaging in bogus finger pointing can … well, here’s the episode.

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Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

MALLORY: (Telephone Filter) Good morning, Johnny, Rob Mallory.

JOHNNY: Hey, Rob. What’s up over at CID?

MALLORY: (Telephone Filter) Someone’s been sending emails to my boss and my boss’s boss.

JOHNNY: Really? Who would do a thing like that?

MALLORY: (Telephone Filter) The Grouch, and the emails are profusely illustrated.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

And Now Chicago


Early this morning, downtown Chicago became the scene of looting. Shots were fired both at and by the police. As of this writing, the draw bridges over the Chicago River have been raised, and the Illinois State Police have closed ramps to and from the Dan Ryan Expressway in order to seal off the downtown area. The Chicago Transit Authority has suspended bus and train service in the area.

Chicago used to be an interesting place to visit and do business, but it is now a failing city in a failing state. Margaret Thatcher once observed that the problem with socialist governments is that they eventually run out of other peoples’ money, and Chicago and Illinois are on the edge of bankruptcy. I’ll add that the morality of marxism always seem to lead to a form of corruption that sucks the moral capital out of any society it infects.

Which city will be next this summer?

Team Kimberlin Post of the Day


It seems to me that the real reason that Brett Kimberlin has engaged in his effort to use lawfare as a means of brass knuckles reputation management is that, although he doesn’t appear to be ashamed or feel any remorse for the things he has done, he does seem to understand that most people don’t approve of the things he has done. Thus, he would prefer that his past and much of his present actions remain hidden.

One of the things he tried to cover up was the perjured complaints that Tetyana Kimberlin and he filed against Aaron Walker and me alleging that we had harassed her elder daughter. Kimberlin filed a motion to seal the complaint and lied to the court about serving us with copyies of the motion, but he got caught in his lie when the court sent me a copy of its ruling denying the motion. The TKPOTD from four years ago today provides more detail.

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A few weeks ago, I posted this motion to seal the records of the State v. Walker and State v. Hoge cases in which Aaron Walker and I were falsely charged with online harassment of a minor. The perjured Applications for Statement of Charges were filed by Tetyana Kimberlin, and the motion purports to bear her signature.

Neither Aaron nor I were served a copy of the motion. I found out about it when I received the copy shown above from the District Court showing Judge Wolfe’s denial of the motion. I later received service of the State’s response to the motion as well.

Aaron also received a copy from the District Court. Even though the judge has already denied the order, he filed an opposition to the motion to seal in order to make certain the case records would be available as evidence in the Walker v. Kimberlin, et al. lawsuit.

Even though Tetyana Kimberlin’s motion was denied on 11 July, the Kimberlin’s filed this “Reply to Defendant Aaron Walker’s Motion to Unseal, and Motion for Sanctions” on 8 August.

popcorn4bkThis yet another example of Brett Kimberlin’s increasing panic. The motion before the court was not one from Aaron to unseal. It was Tetyana Kimberlin’s (nominally) motion to seal. The Dread Pro-Se Kimberlin now has so many cases to track that he can no longer keep them straight.

Also, at no point in his bizarre filing does TDPK actually ask the court to impose any sanction on Aaron.

Everything is proceeding as I have foreseen.

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BTW, look at what is purported to be Tetyana Kimberlin’s signature on the original motion. Now, look at her signature on the reply to Aaron Walker.

Forging forgers gotta forge.

Looking at Mars at Night in UV


This obviously false color animation of Mars shows how its atmosphere glows and pulsates in ultraviolet light every night. It was assembled from months of data taken by the MAVEN spacecraft orbiting Mars. The nightglows occur three times during each rotation of the planet about 70 km above the surface. All three occur at sunset (which is on the left limb of the planet in this view). The pulsations are believed to be caused by downward winds creating nitric oxide in the atmosphere which glows in the UV spectrum. The fact that the three glows occur in data averaged over several months indicates that they are a nightly occurrence.

Video Credit: NASA

Team Kimberlin Post of the Day


It was Neal Rauhauser who floated the idea of using pro se LOLsuits as a way of harassing and silencing bloggers who wrote truthfully about the activities of leftwing “activists” such as Brett Kimberlin. Two years ago today, I was able to write about Rauhauser lack of success in court in a post called And in Other Good First Amendment News …

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The largest anti-SLAPP penalty ever awarded is now the largest anti-SLAPP penalty ever reversed and remanded. The 2nd State Court of Appeals in Fort Worth, Texas, found the 67th State District Court in Fort Worth had abused its discretion in awarding Neal Rauhauser more than $300,000 in attorney’s fees, $150,000 in sanctions (initial sanction award was $1,000,000), and additional non-monetary sanctions not authorized by the Texas Citizen’s Participation Act (TCPA). The court further ordered Appellee Neal Rauhauser to pay all costs of the appeal to the prevailing parties, James McGibney and ViaView, Inc., the parent company of the BullyVille website.

James McGibney stated, “It’s not an everyday occurrence that you see a fugitive, with four outstanding warrants for their arrest, win and then, in dramatic fashion, lose one million dollars, without ever stepping foot in a courtroom. That’s exactly what happened to defendant Neal Rauhauser, and we are grateful that the Second Court of Appeals found in our favor.”

Everything is proceeding as I have foreseen.

UPDATE—More here.

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AFAIK, Neal Rauhauser still has several outstanding warrants and is still a fugitive.

A Galaxy and a Star


This image taken by the Hubble Space Telescope show a galaxy cataloged as NGC 4907. Its about 270 million light-years away. The bright star in the image below the galaxy is in our galaxy. It appears to outshine the billions of stars in NGC 4907 because it is roughly 100,000 time closer to us.

Image Credit: NASA / ESA

Team Kimberlin Post of the Day


Six years ago, my codefendants and I in the Kimberlin v. Walker, et al. nuisance LOLsuit were in the final stages of preparation for the trial. The In Re Kimberlin v. Walker, et al. post from six years ago today provided a short history of how I came the be sued by Brett Kimberlin.

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We go to trial on Monday. Aaron Walker, Stacy McCain, Ali Akbar and I are confident that we will be vindicated. After I return from work today, the weekend will be spent preparing for the trial. Blogging is likely to be very light for the next few days.

I got involved in all this when I became aware of Brett Kimberlin’s anti-First-Amendment activities, especially his attempt to use a peace order to unconstitutionally gag Aaron and his calls to Stacy’s wife’s employer that resulted in the McCain family moving to an undisclosed location. I stuck with the story and was able to cover the various trials and hearing in nearby courts during 2012.  By late 2012, I had become a target of Team Kimberlin as well. By 2013, I became enmeshed in the legal wrangling myself.

I’m looking forward to the trial, not because I enjoy being sued, but because it will bring closure to one part of that wrangling.

I’d like to thank all you folks who have been supportive of my codefendants and me this past year. The best way that you can support us now is with your prayers. The second best is by supporting the Bomber Sues Bloggers [Dead link. That site is no longer active. Thank you to everyone who donated.] fund. Our lawyer is pro bono, but there are other expenses incurred in our defense. The certified transcript for the 1 July hearing cost about $120. Another thing that you can all do is refrain from speculating on either side’s trial strategy. Brett Kimberlin is really quite a doofus in a courtroom. Please don’t give him any hints.

For now, I won’t be writing about this case. There’s plenty of other Team Kimberlin stuff to publish. There’ll be plenty to write about concerning Kimberlin v. Walker, et al. after the verdict.

Stay tuned.

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After losing that first LOLsuit, The Dread Deadbeat Pro-Se Kimberlin promise us defendants “lawsuits for the rest of their lives,” and he kept that promise for several years. He hasn’t sued me since he lost the Kimberlin v. Team Themis RICO 2: Electric Boogaloo LOLsuit, but there are still open matters from those cases he brought against me. Therefore, …

I’m not done with him yet.

Cultural Appropriation


I’d like to suggest that people who find my culture offensive should stop appropriating the things we have created.

I’m an engineer. In my culture we rely on certain facts of nature (as we understand them) being actually true. For example, engineers believe, based on the evidence, that 2+2=4, and we rely on the mathematical principles behind that fact in order to design and build things that people can use.

It’s come to my attention that there’s a bunch of wokies trying to sell the idea that 2+2=4 is not a universal truth but some sort of tool used to oppress minorities. (Note: Engineers are a very tiny minority group within humanity.) While I believe that the wokies are foolishly wrong in their worldview, they have the right to be wrong. However, I also believe that, given their worldview, they are acting immorally (if Morality is connected to Truth) when they appropriate my culture’s concepts and artifacts for their own purposes.

For example, if 2+2 can equal 5, then 12 percent can equal 22 percent. I picked those numbers because, to the extent that most of wokies pay income taxes, they are probably in the under $40k bracket. If they were withheld at the next higher marginal rate of 22 percent instead of the lower rate, they would have no grounds for complaint by their own logic. But most would surely complain.

Also, most, if not all, of the wokies I’ve encountered, seem to have cell phones, and cell phones use microprocessors which rely on the mathematically logic behind the truth of 2+2=4 in order to operate. Is it moral for them to be appropriating that artifact from my culture?

Well, that depends on how “moral” is defined. Morality is a body of standards or principles derived a particular definition of what is Good. If the definition of Good is connected with Truth, then what is moral may be quite different the if the definition is connected with Power. The wokies’ worldview is marxist and rooted in Power. For them, life is as O’Brien explained to Winston Smith: “The object of power is power.” Truth can be arbitrary for them.

IIRC, O’Brien was also a proponent of 2+2 being 5 or 3 or whatever it needed to be.

I don’t think that I would like to live in a world in which most of the power was in the hands of the wokies. Therefore, I propose this strategy—Don’t let the wokie win.

An Interesting Question


Here’s an order from the Court of Appeals for the DC Circuit in the Flynn case—(H/T, @AaronWorthing, @Techno_Fog)

28 USC § 455 deals with the disqualification of judges, and § 455(b)(5)(i) requires a judge to be disqualified when he “[i]s a party to the proceeding[.]”

Is the appeals court considering removing Judge Sullivan from the case because he took the unusual step of hiring counsel and filing a brief opposing Michael Flynn’s petition for a writ of mandamus? In doing so, did he make himself a party in the case?

Stay tuned.