Team Kimberlin Post of the Day

On Monday, I wrote about one of the times that Brett Kimberlin sought to have a judge disqualified. Today, we’ll take a look back to the TKPOTD for five years ago today. That post dealt with a failed motion for reconsideration of a certiorari petition based a false claim that a judge should have recused herself.

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Earlier this month, The Dread Pro-Se Kimberlin filed a motion for reconsideration with the Maryland Court of Appeals (the State’s highest court) seeking a do-over on his petition for a writ of certiorari appealing his loss in the Kimberlin v. Walker, et al. nuisance LOLsuit. He based his motion on “fact” that Judge Battaglia had been involved in the revocation of his parole back in the late ’90s when she was a U.S. Attorney and should not have participated in the decision to deny his petition. He withdrew his motion after Hogewash! pointed out that Judge Battaglia had retired on her 70th birthday, the same day that TDPK filed his petition for writ of certiorari.

Here is the motion for reconsideration that Kimberlin filed. In paragraph 3 he states that a letter from Judge Battaglia “featured false information that the [Parole] Commission relied upon to make an adverse decision against Petitioner.”

Kimberlin’s claim is not consistent with the actual record. When he sued the Parole Commission claiming that their reliance on the Battaglia letter was improper, the U.S. District Court of the DC found that the Commission had not relied on the letter in determining to extend his time in the slammer. The Gentle Reader can read for himself beginning on p. 6 in the memorandum order below that the decision to keep TDPK locked up for an additional two years was based on “information provided by plaintiff himself.” Judge Urbina concludes on p. 8: “It is apparent that the Parole Commission’s decision was based on plaintiff’s own statements and filings and not on the letter from the United States Attorney[.]”

Brett Kimberlin is not only a bad liar, he is a stupid one.

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Yep, everything proceeded as I had foreseen.

A Supply Chain War Story

The Daily Signal has a post up about What the Pandemic Can Teach Us About Vulnerabilities in Our Defense Supply Chain. Everyone understands the need to get ammunition and food up to the front lines, but many people are surprised about how critical batteries are.

Numerous forms of military equipment are battery-powered, including night vision goggles, radios, and weapon optics. Complex platforms, from fifth-generation stealth fighters to submarines, all use batteries.

Batteries will play an even bigger role in the future of military technology. The Army is considering adding electric vehicles into its fleet in order to reduce its dependency on fuel. The Marine Corps is testing miniature drones that can be launched from the underbelly of a rifle. The Air Force is looking to field a body-armor cooling system in order to combat extreme heat.

Batteries have been a critical supply item for decades.

Here’s my war story. Well, it’s really a war game story.

Back in the ’70s, I participated in a war game exercise. The scenario was a Second Korean War, and I was tasked with keeping the internal communications systems operating for a deployed airborne division and between the division and its higher headquarters. Keeping the forward units supplied with batteries required the Air Force to provide airlift from the west coast equivalent to a C-130 flight every day. We were able to reduce that load on the Air Force by “buying” commercial batteries on the civilian market in Japan for use in equipment that used standard batteries.

That “worked” because we had an ally with major industrial capacity next to the combat zone. That may not always be the case. BTW, the major producer of batteries these days is … you guessed it … China.

Team Kimberlin Post of the Day

I’m not the only person who has written about Team Kimberlin. I’ve had over forty codefendants across the various LOLsuits Kimberlin’s filed against me and more than a dozen in Bill Schmalfeldt’s LOLsuits. This post from eight years ago today referred to a post by Stacy McCain on Schmalfeldt.

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Sore Loserman Bill Schmalfeldt has gone on a rampage of flaky DMCA takedown notices over the last few days. The Other McCain has been one of his targets. Stacy McCain offers his thoughts on the situation here.

[Y]ou are back to the status I first described on Sept. 4 of last year when, at the end of a 954-word post, I called you an “obscure assclown.”

This I intended not as a mere insult, but as a statement of fact: You are obscure — an insignificant and unpopular nobody, which is why I hadn’t paid any attention to you prior to September 2012 — and you are quite nearly the textbook definition of an assclown. This is a compound word combining the meaning of “ass” — stupid and/or obnoxious –– and “clown,” a laughably incompetent person. If there were an Encyclopedia of Internet Pests, the entry defining “assclown” would end with a notation: “See also, Bill Schmalfeldt.”

Read the whole thing. It’s 5000 words long and worth every syllable.

I’m informed that the DCMA counternotice for The Other McCain shows an address outside of Maryland and consents to the jurisdiction of the U. S. District Court for that non-Maryland district as required by 17 USC § 512(g)(3)(D). The Cabin Boy has a couple of weeks to respond. Who knows? He may think racking up all those frequent flier miles is worth the cost of engaging in frivolous litigation.

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All that is necessary to discredit Bill Schmalfeldt is to quote Bill Schmalfeldt.

—Stacy McCain

Team Kimberlin Post of the Day

Copyright trolling and bogus DMCA claims were two of the means that Team Kimberlin used to try to harass people. Their efforts invariably backfired. The TKPOTD for eight years ago today dealt with one of their early failures.

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Some of the best comments that I’ve had about Sore Loserman Bill Schmalfeldt’s recent fascination with DMCA takedown notices have come via email from lawyers. Alas, they’re off the record, so I can’t share them, but they’ve given me some interesting ideas.

Let’s review the story thus far.

The photographer who took the headshot photo that I use on the Internet retained the copyright on the image. I use it under license. When he discovered that it was being used as the basis of a pornographic image on one of Schmalfeldt’s websites, he sent a DMCA takedown notice. Schmalfeldt responded by replacing that picture with another pornographic image with my face photoshopped into it. He also posted nine copies of the DMCAed image on Twitter. In addition to those postings, Schmalfeldt retaliated by sending a bogus DMCA notice about material covered by the Fair Use doctrine to the host for this blog.

The copyright holder of the image of my face in the new pornographic picture asked Schmalfeldt to take that image down and he complied on one of his sites, but not on Twitter or any of the hate sites run by Acme for Team Kimberlin.

When I pointed out the hypocrisy of his position vis-á-vis parody images, the remaining porn came down, including stuff on sites such as Breitbart Unmasked and hogewash dot net. However, the Cabin Boy issued a threat of a second DMCA takedown notice to Hogewash! concerning a parody image created by one of my readers.

When I refused to be bullied over a Fair Use parody, Schmalfeldt issued the second takedown notice. And he posted another image of me that he describes as “obscene.” He’s right about that.

Schmalfeldt makes all sorts of claims about copyright law. I don’t think I’ve seen one that’s correct.

He claims that Fair Use audio clips are limited to 30 second. Of course, there’s no such limit in the Copyright Act, and the case law specifically allows for a whole work to be reproduced in some instances of Fair Use.

He has his “check list” about what qualifies for Fair Use. It’s different from the one in 17 USC §107, the one Congress enacted into law and that the courts really use.

He thinks he can drag people into court in Maryland. That’ll work for me. But Lee Stranahan, for example, lives in Texas, and DMCA cases are tried in the federal court district where the defendant resides. 28 USC §1338 gives U. S. District Courts jurisdiction on copyright matters. 17 USC §512(g)(3)(D) specifies that the appropriate District Court is the one with jurisdiction over the alleged infringer’s address in the case of a DMCA dispute. Relying of books about copyright law published before the DMCA took effect may not be a wise strategy.

Getting legal advice from Acme may be even worse.

Meep, meep.

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BTW, a third image of my face that Schmalfeldt photoshopped into a pornographic image was lifted from the Vanderbilt University annual for my sophomore year. It turns out that the headshot he lifted had been taken during the first semester of my freshman year in the fall of 1965. I turned 18 on 31 December, 1965, so I was 17 when the photo was taken. I was underage, and he photoshopped that headshot into a pornographic image.

Bill Schmalfeldt claims he has never produced child pornography.

Saving the Public Some Money

NASA has announced that the Europa Clipper mission to Jupiter and its moon Europa will be launched by SpaceX using a Falcon Heavy vehicle. The total contract award is for $178 million. The competing vehicle was NASA’s SLS. The estimated cost of the SLS launch would have been $2 billion.

The SLS has not flown yet, but the Falcon Heavy has several successful launches to its credit.

UPDATE—

A billion here, a billion there, and pretty soon you’re talking about real money.

—Everett Dirksen

Significant Unrest

From time to time, I’ve published posts expressing my opinion that the first two years of the Xiden administration would be a disaster for the Democrats because they would engage in political excesses that would alarm the majority of Americans. The have razor-thin margins in Congress and an incompetent President, and they face a more closely balanced federal judiciary. A significant number of Democrat politicians see a real possibility of a Republican wave election in 2022, so they are in a rush to pass as much of their wish list as they can. This is leading to overreach by the Left at all levels of government. I’ve been expecting significant pushback from the Right.

What I didn’t specifically see was that the big pushback would be on what should be a local issue—school curricula—or that the pushback would also come from some people nominally on the Left.

Politico has a post up titled ‘People are scared’: Democrats lose ground on school equity plans. It opens with these words—

Elina Kaplan is the kind of suburban mom who made Joe Biden president.

An immigrant who came to the United States from the Soviet Union, she is a registered Democrat from San Mateo County, Calif. And she’s alarmed over her state’s new model ethnic studies curriculum, which cites critical race theory as a “key theoretical framework and pedagogy.”

Well, it shouldn’t be surprising that someone who escaped from the Marxist dystopia of the USSR would be troubled by a neomarxist form of racism being taught in her local schools.

“What I hear over and over again is that people who are against CRT in schools are just against talking about racism,” Kaplan said. “We believe strongly in teaching [against] racism, in confronting racism.”

Politico quotes Democrat operative Amanda Litman’s concerns for the effectiveness of this issue.

“The Republican Party historically has used this kind of panic effectively,” Litman said. “And they have managed to unite a few different components of anxiety — racial anxiety, anxiety about schools that came up through the pandemic and who’s managing schools, and this idea of cancel culture — in one.”

“It’s irrelevant what the facts are — it’s the way it makes people feel,” Litman concluded.

Of course, facts are irrelevant to CRT proponents. Marxism is about power. Facts which get in the way of ceasing and holding power must be dismissed as false narratives.

I grew up in the South during the ’50s and ’60s. I’ve watched America change. We aren’t perfect, but this county is one of the least racist on the planet.

American parents don’t want schools to tell their children that they are either oppressors or losers. We want our children and grandchildren taught the practical and intellectual skills that will equip them for productive and fulfilling lives as citizens.

Reaching into the schools to corrupt even math instruction with racist nonsense was a bridge too far. I doubt the Left will be able to save CRT. Too many people have been aroused for the pushback to end.

So how will this play out through the 2022 elections?

The avalanche has already begun. It is too late for the pebbles to vote.

—Kosh

Team Kimberlin Post of the Day

Throughout Brett Kimberlin’s career as a pro se litigant he has sought special treatment from the courts. His shenanigans finally caused a couple of courts to take notice. He got special treatment, but not the kind he was asking for. The usual practice in the Circuit Court for Montgomery County was to have whichever judge who was sitting on a particular day handle whatever pretrial motions were being considered that day. Thus, during the pretrial phase of the Kimberlin v. Walker, et al. nuisance LOLsuit, motions were heard by at least six different judges who were not able to hear the different tales Kimberlin was telling them. That changed with the RICO Retread LOLsuit, and all motions in that and all subsequent cases involving Kimberlin were heard by Judge Michael Mason. That judge also presided at the Walker v. Kimberlin, et al. trial.

The U. S. District Court for Maryland caught on the Kimberlin and began assigning all the case he filed to a single judge as well.

Having to appear before a judge who remembered Kimberlin’s previous statements in court really began to crimp Kimberlin’s style, so he tried to have Judge Mason removed from the RICO II Retread LOLsuit. Here’s the TKPOTD for five years ago today.

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Last week, Judge Mason denied The Dread Pro-Se Kimberlin’s motion for a new judge in the RICO 2 Retread LOLsuit. Here’s the motion that TPDK filed and that the judge denied.

It’s pretty clear that TDPK is getting desperate.

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Kimberlin has settle with a few of the defendants he’s sued since 2012, but he’s never won on the LOLsuits he’s filed since then.

Team Kimberlin Post of the Day

Brett Kimberlin is a liar, and it typically hasn’t taken a judge very long to learn that it’s foolish to take Kimberlin’s word at face value. The TKPOTD for four years ago today cites one judge’s skepticism.

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The unsworn statements of a convicted perjurer don’t seem to count for much with some judges. These are from yesterday’s Memorandum Order that ended The Dread Pro-Se Kimberlin’s RICO Retread LOLsuit with summary judgment in Patrick Frey’s favor.

Kimberlin states that he was interviewed twice by FBI agents with respect to the swattings, once on or about July 1, 2012 and again in 2016. The FBI agents told him that Frey accused him of involvement in the crime. Kimberlin also states that his wife was interviewed by agents on or about August 20, 2013. These statements are included in Plaintiff’s Motion for Summary Judgment but Plaintiff does not submit a sworn affidavit regarding these claims and provides no additional evidence to support these statements.

Memorandum Order at 10, citations omitted.

Because the Court holds that Kimberlin has failed to establish his prima facie case …

Memorandum Order, n. 20.

TDPK managed to win his first shutuppery lawsuit against Seth Allen, but ever since he made the mistake of going after Aaron Walker, he’s lost the bulk of the civil action he’s filed: both 2012 peace orders against Aaron Walker; the peace order against John Norton; the Kimberlin v. Walker, et al. nuisance suit; the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness/Kimberln v. Frey RICO Remnant LOLsuit; the 2015 peace order against me; the Kimberlin v. Hunton & Williams LLP, et al. (I) RICO 2: Electric Boogaloo LOLsuit; the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit; and the Kimberlin v. Hunton & William LLP, et al. (II) RICO 2 Retread LOLsuit. He settled with Kimberlin Unmasked, but he wound up effectively losing to a cockroach. His RICO 3 LOLsuit was filed 9 months ago, and the court still hasn’t issued any summonses.

TDPK may want to reevaluate the usefulness of “lawsuits for the rest of their lives.”

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At least he’s had the good sense not to sue me for the past few years. Since 2018, he’s been suing the federal government trying to have some of his Speedway Bomber convictions set aside. He failed in the District Court. I’m monitoring his appeal.

Stay tuned.

The Other Podcast

Stacy McCain, Dianna Deeley, and I will be at our mics at 7 pm ET for the next episode of the The Other Podcast Live. Join us on Podbean.

Likely topics include Science, The Media, and Crazy People Are Dangerous™.

 

49: Science, The Media, and Crazy People Are Dangerous™ The Other Podcast

Stacy McCain and John Hoge discuss the week's news.
  1. 49: Science, The Media, and Crazy People Are Dangerous™
  2. 48: Foreigners, Raaaaacism, and Crazy People Are Dangerous™
  3. 47: Felons, Kaboom, and Crazy People Are Dangerous™
  4. 46: 16 Cents, The Press, and Crazy People Are Dangerous™
  5. 45: Real Estate, Gun, and Crazy People Are Dangerous™

Gravitational Lensing

Gravitational lensing occurs when light from a distant galaxy is bent by the gravitational pull of an intervening astronomical object. In this image assembled from multiple observations by the Hubble Space Telescope a relatively nearby galaxy cluster (MACSJ0138.0-2155) has lensed the galaxy (MRG-M0138) which is located 10 billion light-years from us.

Image Credit: NASA / ESA