V 372 Orionis

V 372 Orionis, just below the center of this frame, is an odd type of variable star known as an Orion Variable. These young stars experience irregular variations in luminosity. Orion Variables are often associated with diffuse nebulae, and V 372 Orionis is no exception; the patchy gas and dust of the Orion Nebula pervade this image.

Image Credit: ESA / NASA

Team Kimberlin Post of the Day

It was Brett Kimberlin who first used the marxist term false narratives to describe truthful reporting on his past and present activities. He was also the first to start using false stories (lies) as the bases for his claims in court. The TKPOTD for nine years ago dealt with one he’s kept bringing up.

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Did you ever watch Gunsmoke on TV? Do you remember the opening? The guy down the street draws his gun first. Matt Dillion draws and fires in response. Now, pointing a gun at someone is assault, and shooting him is battery. And killing him is homicide. So why doesn’t Matt Dillion wind up on the gallows? Because Matt, unlike Han, shot second. He was responding to the threatening actions of the other guy which makes his assault (and homicide) justified.

The same principle applies in the alleged assault of Brett Kimberlin by Aaron Walker. The Dread Pro-Se Kimberlin made what to a reasonable person could be a threatening move by raising his iPad up as if to strike Aaron Walker, and Mr. Walker took it away from him. (TDPK now claims that he was simply trying to use the iPad’s camera to take a picture of Mr. Walker. Photography is forbidden in Maryland courthouses without a judge’s express permission.)

When TDPK sought a peace order based on the altercation, he claimed assault as one of the bases. When a judge heard both sides of the story during the final hearing in the District Court, he found that any assault that might have occurred was a justified response to TDPK’s provocation, and assault was dropped as a basis for the peace order. The Circuit Court later ruled that there was no basis for a peace order at all and threw it out.

Actually, an assault may have occurred on the 9th floor of the Montgomery County Circuit Courthouse on 9 January, 2012. Brett Kimberlin’s threatening gesture toward Aaron Walker may have constituted an assault. Regardless, TDPK’s claims of being assaulted are pure nonsense. They’ve already been reviewed by a judge and thrown out. They’re in the same category as his claim of selling dope to Dan Quayle or his sooper sekrit exoneration or so many of his fanciful tales.

Lies.

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And a big difference between Matt and Brett is that Matt never shot himself in the foot.

Congratulations, Ali

Eight U.S. Capitol Police officers filed a frivolous lawsuit against an imaginary conspiracy of groups and individuals seeking “redress” for the events of 6 January, 2021. My friend and former codefendant in many of the Kimberlin LOLsuits, Ali Alexander, was one of the codefendants in this suit, and earlier today, his motion to dismiss was granted with respect to all counts in the case.

Enforcing California’s Proposed Wealth/Exit Tax

California has another proposal in its legislature for a wealth/exit tax. The bill includes provisions to create contractual claims tied to the assets of a wealthy taxpayer who doesn’t have the cash to pay their annual wealth tax bill because most of their assets aren’t easily turned into cash. This claim would require the taxpayer to make annual filings with California’s Franchise Tax Board and eventually pay the wealth taxes owed, even if they’ve moved to another state.

One of the common criticisms of the exit tax provision I’m seeing amounts to, “Oh, yeah, and how do you think you’ll collect when I’ve moved to another state?” My personal experience suggests the FTB knows how.

My wife and I moved to California in 1982. We left in 1990. When we left, we sold all our real property, removed all our personal property, and closed all our bank or other financial accounts in the state. We had no financial connection to California. In 1994, the Franchise Tax Board filed a tax lien on our house in Maryland, claiming that we owed back income taxes. That was first notice we had of the alleged delinquency. When we didn’t immediately pay in full, the FTB’s response was to turn us in the IRS, triggering a federal audit.

The IRS determined that we had overpaid for the year in question and sent us a refund of about a hundred bucks, and we were able to use that audit to show that we had overpaid our California income tax as well. It turned out California only owed us about five dollars. Normally, we would let such a small amount ride as a credit to be applied to next year’s taxes, but since we had no intention of ever living in California again, we made them send us a check—and remove the tax lien.

Yes, we beat California’s attempt of extort us, but I believe our experience shows the kind of tactics the FTB would use to enforce an exit tax.

UPDATE—It’s been pointed out that a wealth tax would violate the takings clause of the Fifth Amendment and an exit tax would violate the fundamental right to travel of the Fourteenth Amendment. True, but when has a law being patently unconstitutional ever stopped the California legislature from passing it?

Team Kimberlin Post of the Day

Brett Kimberlin’s Breitbart Unmasked website initially went live on server in The Netherlands, but it moved to onshore hosting after a year or so. However. it moved back offshore after Bill Schmalfeldt published post containing material lifted from Hogewasht! without permission. When I filed a DMCA takedown notice, the site moved from its U.S.-based hosting rather than provided contact information for service of court papers. Six years ago today, I posted about GS13 Editor Bill Schmalfeldt and how He Bravely Turned His Tail and Fled.

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When DMCA raised its ugly head,
He bravely turned his tail and fled.
Bravest of the brave, Sir William!

Rather than obey U. S. copyright law, Breitbart Unmasked Bunny Billy Boy Unread has fled to an off shore server. So Marcus Crassus can talk tough hiding on a server in Iceland, but seems to be afraid to speak his mind here in America.

#Cowards

UPDATE—Lest the Plagiarism Polizei become excessively agitated, let me state that the short ditty above is a parody of the song about Brave Sir Robin from Monty Python and the Holy Grail. Furthermore, the parody is not my creation. I saw it, or something very much like it, in a cartoon published by a cockroach.

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I did some digging, and I found a copy of the cartoon I mentioned above.

Heh.

Team Kimberlin Post of the Day

I’ve recently had some request for more background on Brett Kimberlin and his campaign of lawfare. The TKPOTD from seven years ago today is a good summary of the first five years of the Saga.

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Brett Kimberlin is a convicted perjurer, drug smuggler, and serial bomber. He doesn’t like people talking about that, and for the past several years, he’s been trying to use the legal system to punish people who speak and write about him.

I started writing about Brett Kimberlin when I became aware of Lee Stranahan’s proposal for Everyone Blog About Brett Kimberlin Day. That blogburst was scheduled for Friday, 25 May, 2012, but I first wrote about Kimberlin a few days earlier in the context of his harassment of Stacy McCain’s family. From there, I picked up the story of Kimberlin’s harassment of Aaron Walker, initially focusing on the unconstitutional gag order that was a part of a peace order issued against Aaron. That order forbade Aaron from writing about Kimberlin or speaking about him publicly. Because I believe that ridicule is a powerful weapon against self-important jerks, I began referring to Kimberlin as Lord Voldemort (He Who Must Not Be Named).

As the to-and-fro of the lawfare went by, a Bloggers Defense Fund was created to assist with Aaron Walker’s legal expenses. Kimberlin responded by putting up a pirate-themed website called the Bloggers Offense Team. It was a failure, but it led me to begin referring to Brett Kimberlin as The Dread Pirate Kimberlin and his fanboys by similarly themed nicknames. (I did not come up with Cabin Boy Bill Schmalfeldt. Credit goes to commenter monitor2112 for that.) TPDK has also come to stand for The Dread Performer Kimberlin, The Dread Pedo Kimberlin, and The Dread Pro-Se Kimberlin—each of those has had some connection to his story as it has unfolded over the past three-plus years.

By the end of October, 2012, I had become a target of harassment by Team Kimberlin (as his supporters have become known) as well, and I received a SWATing threat. When that didn’t work, various bits of cyberharassment were tried. When those proved ineffective, a false criminal charge was filed. When the prosecutor dropped that charge for lack of evidence, the first of four frivolous lawsuits was filed. When the first lawsuit failed and the second lawsuit was on the skids, a bogus peace order and two more lawsuits were filed. When the bogus peace order petition was denied and the second lawsuit dismissed, false complaints were filed against my personal and business Twitter accounts and another false criminal charge was filed. When that second criminal charge was dropped for lack of evidence and my business Twitter account was restored, I was served with an abusive subpoena in the remnant of one of the lawsuits from which I’ve been dismissed and sanctions are being sought against me because I didn’t have what The Dread [insert title] Kimberlin wanted. And so it goes.

All this bullshit from Kimberlin boils down to an attempt at brass knuckles reputation management, and it keeps blowing up in his face—in part because I won’t be intimidated. He’s trying to use the legal system to prevent people from exercising their First Amendment rights to talk about him, his past, and his present activities. I don’t intend to let him get away with it. I will aggressively defend my First Amendment rights and support and assit others as they defend theirs.Molon_Labe

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Kimberlin’s focus for most of the past five years has been his failed attempt to attack his Speedway Bombing convictions. A couple of weeks ago, the Supreme Court put the kibosh on that by denying his appeal.

But Isn’t Stove Gas Methane?

Space News reports:

The fully stacked Starship vehicle, consisting of a Super Heavy booster designated Booster 7 and a Starship upper stage named Ship 24, was filled with liquid oxygen and methane propellants during the test at SpaceX’s Starbase test site in Boca Chica, Texas.

Emphasis added. How did this ever pass environmental review?

<science>It passed because methane is a cleaner burning fuel than the RP-1 kerosene used in most other rockets, including the SpaceX Falcon series.</science>

<engineering>While liquid methane is very cold, its temperature is much warmer than the liquid hydrogen used in NASA’s SLS. It’s in the same range as liquid oxygen, so the thermal stress in the rocket’s plumbing is less severe.</engineering>

Team Kimberlin Post of the Day

One of the claims that Brett Kimberlin tried to raise against a dozen of my codefendants and me in his RICO Madness LOLsuit was that we had conspired to deprive him of civil rights in violation of 42 USC §1985. The TKPOTD for eight years ago today, examined one of his attempt to keep that false claim alive.

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In his opposition to Lee Stranahan’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin tries to keep his Ku Klux Klan Act (42 U.S.C. § 1985) claim alive.ECF 249-17

Actually, invidious discrimination is one of the element of a § 1985 offense. Here’s what the Supreme Court had to say:

The language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action.

Griffin v. Breckenridge, 403 U.S. 88, 102 (1971). There’s nothing in TDPK’s second amended complaint that alleges that any defendant discriminated against him because of his race. (As Stacy McCain noted while Kimberlin had him on the witness stand in the state lawsuit, “You’re white, by the way.”) The closest he’s ever come making a class-based claim was when he tried to sell the idea that he was being discriminated against because of his criminal record, but that isn’t in the second amended complaint. Even if it were, felons are not a protected class.

popcorn4bkI expect to see some pretty wild stuff thrown out by TDPK as the we get closer to the end to the RICO Madness. Monday should bring some interesting things to PACER.

Stay tuned.

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Yes, Brett Kimberlin is a felon, and even if he had succeeded in getting the Supreme Court to erase his Speedway Bombing convictions, he’d still have felony convictions for perjury and drug smuggling.

Nothing to See Here. Move Along.

Former top FBI counterintelligence agent Charles McGonigal  has been indicted and arrested for illegally working for a Russian oligarch.

McGonigal, who was deeply involved in Russia Collusion Hoax investigation, is charged with money laundering and violating US sanctions law by working for Russian oligarch Oleg Deripaska.

Team Kimberlin Post of the Day

Although it has lain fallow for over four years now, on of Team Kimberlin’s principal PR organs was the Breitbart Unmasked website. The site’s occasional editor Bill Schmalfeldt call it his “prime source for news, hearsay, lies and innuendo. Oh, yeah. Smears, too!” Eight years ago today BU published a long defamatory screed attacking Aaron Walker, and it was full of hearsay, lies, innuendo, and smears. And sealed court discovery, too! That’s only the opening paragraph. The Gentle Reader can find the whole post still active on the BU website.

Here’s Bill Schmalfeldt’s concern troll comment to the post.It wasn’t Aaron Walker’s blog about free speech and pictures of Muhammed that drew Brett Kimberlin’s interest and ire. It was Aaron’s pro bono legal assistance to a left-wing blogger who Kimberlin had sued for defamation.

It’s was Kimberlin’s attacks on Aaron’s First Amendment rights that backfired and drew the attention of the blogosphere to past and current activities.