Team Kimberlin Post of the Day

While Team Kimberlin’s PR flacks spent a plenty of pixels forecasting the direst of dire direness for us defendants in their various LOLsuits, my coverage of their lawfare has been fact based. Oh, I’ve offered my opinions that they would fail, and I’ve noted some interesting side benefits for the ways they’ve failed. The TKPOTD for seven years ago noted one of those consequences.

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The Dread Pro-Se Kimberlin watched his Kimberlin v. Walker, et al. nuisance lawsuit fall apart in state court. Five of his seven counts were shot down in summary judgment. What that means is that, given the undisputed facts agreed to by both sides, he had no case as a matter of law. The other two counts were so unsupported by facts that the judge stopped the trial after TDPK rested his case and granted us defendants a directed verdict.

I’ve written in the past about how the results of the state case should affect the Kimberlin v. The Universe, et al. RICO Madness through the doctrine of collateral estoppel. However, the directed verdict in the state trial has caused another problem for TDPK. Because we never had to put on our defense, he has no idea what we would have presented. He is completely in the the dark about the nature, depth, and quality of the evidence we amassed. He has no idea what insights our investigations have given us. He has no idea what leads we are prepared to follow up if the RICO Madness gets into discovery. He has no idea who we intend to depose. He has no idea what documents we already possess.

popcorn4bkIf TDPK had a clue, he’d be filing a motion to dismiss the RICO suit against all the defendants. I sincerely doubt that his ego will allow him to do the wise thing. I fully expect that he will ride the RICO Madness down in flames. I also expect that Hogewash! will chronicle the crash.

Stay tuned.

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He still has no idea of the scope of the evidence my codefendants and I have. It would be very unwise for Brett Kimberlin to ever cause me to have to defend another suit.

Tracking Your Transactions

The Democrats are proposing that the IRS should be informed of any bank transaction of $600 or greater.

Why? And why set the threshold at an amount that would cover most folks’ biweekly paychecks? Of course, as the gig economy grows, fewer people are on payrolls, but most of us who don’t get W2 get 1099s. Who are they targeting? Small business owners?

Or are they after the spending side? I suppose most families spend at least 600 bucks for rent or a mortgage? What else?

I tell you what—before the public submits to this kind of invasion of our privacy, I believe we should see some transparency from the people who want to do this snooping. Before the American people should submit to such nosiness, we should require that all members of the House and Senate, the heads of each executive department and independent agency, and all federal judges be required to make public any of their financial transactions equal to or greater than $600.

Fair is fair.

Team Kimberlin Post of the Day

The TKPOTD for five years ago today cites one the false narratives that Brett Kimberlin tried to sell during his campaign of lawfare—that he had received some sort of double secret exoneration related to his Speedway Bombing convictions that was accompanied by a settlement from the government for his “false” imprisonment. His attempts to bring that narrative into the Walker v. Kimberlin, et al. trial provoked the judge and probably resulted in the closest shave Kimberlin had with being punished for his misbehavior in court.

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The Dread Pro-Se Kimberlin tried to bring up his double secret exoneration during the Walker v. Kimberlin, et al. trial. He tried to claim that he has successfully sued the federal government for false imprisonment and has used part of the settlement for the initial funding of Justice Through Music Project.

MR. KIMBERLIN: The settlement that I received from the Department of Justice —

MR. WALKER: Objection.

THE COURT: [Addressing the Jury] Ladies and gentlemen, if you’ll please wait outside for just a moment.

Jury Exits.

THE COURT: I have told you twice now we are not retrying that case, and we are not getting into any collateral action you may have brought against the federal government about your conviction in that case. The relevance of that conviction, it was only offered to show why he refers to you as a terrorist, why he’s perhaps obsessed with you [unintelligible] nature of that offense, and I would have permitted him to introduce it if you hadn’t because you sat here and told the jury that you had never been convicted of anything he had blogged about. That is the only reason that it is being admitted. We are not retrying that case. I do not want you to go into it in any more detail. —

MR. KIMBERLIN: I —

THE COURT: — I do not want talk about any collateral civil suit thereafter, ah, sued the federal government for false imprisonment. And I’ve told you that twice. If you do it again, I will find you in contempt.

MR. KIMBERLIN: Well, the reason I was talking about the settlement from that case was partially used to start Justice Through Music.

THE COURT: It makes absolutely no difference and has no relevance to this particular case —

MR. KIMBERLIN: Well, —

THE COURT: — how you started and how you funded Justice Through Music.

MR. KIMBERLIN: Alright, I won’t talk about it anymore.

THE COURT: Get the jury back in.

FWIW, Justice Through Music Project was founded in 2003. The JTMP 2005 Form 990 Schedule A shows that the corporation had no income that year and took in $121,450 in 2004.

Here are the cases styled Kimberlin v. U.S. Department of Justice that are reported cases (all have other citations at lower court levels)—

Kimberlin v. U.S. Dept. of Justice, 788 F.2d 434 (7th Cir. 1986) was a bogus Privacy Act claim aimed at keeping Carl DeLong’s widow from collecting funds from his prison commissary.

Kimberlin v. U.S. Dept. of Justice, 921 F.Supp. 833 (D.D.C. 1996) involved a FOIA request for DEA documents about Dan Quayle.

Kimberlin v. U.S. Dept. of Justice, 139 F.3d 944 (D.C. Cir. 1998) was an FOIA request remanded back to the District Court.

Kimberlin, et al. v. U.S. Dept. of Justice, 318 F.3d 228 (D.C. Cir. 2003) was his unsuccessful LOLsuit seeking to be able to possess an electric guitar while in prison.

None of these seem to represent a double secret exoneration.

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If Kimberlin’s double secret exoneration really exists, why is he having to press his appeal in the Seventh Circuit to have part of his Speedway Bombing convictions set aside. Perhaps he will explain that in his reply brief due this Friday.

Stay tuned.

Quote of the Day

Je crois que le pouvoir politique s’exerce encore, s’exerce en outre, de plus, par l’intermédiaire d’un certain nombre d’institutions qui ont l’air comme ça de n’avoir rien de commun avec le pouvoir politique, qui ont l’air d’en être indépendantes et qui ne le sont pas. I believe that political power also exercises itself through the mediation of a certain number of institutions that seem to have nothing in common with political power, that have the appearance of being independent, but are not.

—Michel Foucault

Team Kimberlin Post of the Day

One of the false claims made by Team Kimberlin was that it didn’t exist. Of course, it did—as their own Internet postings demonstrated. Eight years ago today, I ran this post titled No Team Kimberlin, Huh?.

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One of the reasons that Brett Kimberlin is suing my codefendants and me for a million bucks is because we write of the existence of a group of people we call Team Kimberlin. It seems that The Dread Pirate Kimberlin believes the mere suggestion that he has influence over a band of Internet thugs is defamatory or libelous or constitutes mopery with intent to lurk. He would have you believe that there ain’t no such thing as Team Kimberlin.

AcmeLegalBriefsSomeone should tell Cafe Press and whoever is running Breitbart Unmasked these days.

And there’s no connection between TDPK and Cabin Boy Bill Schmalfeldt other than the bond of friendship. It’s a coincidence that the Amazon shopping links at Breitbart Unmasked benefit parsbilswhohom-20 (aka Bill Schmalfeldt).

So Team Kimberlin must be a creation of the warped mind of the crazies in Team Lickspittle—just as the members of Team Kimberlin if you don’t believe it.

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I’d like to thank the Gentle Readers who have also been a part of Team Lickspittle. Team Lickspittle goodies are still available at The Hogewash Store.

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 Mean Tweets, Logistics, and Crazy People Are Dangerous™.

61: Mean Tweets, Logistics, and Crazy People Are Dangerous™ The Other Podcast

Stacy McCain, John Hoge, and Dianna Deeley discuss the week's news.
  1. 61: Mean Tweets, Logistics, and Crazy People Are Dangerous™
  2. 60: Safe Spaces, Trillions, and Crazy People Are Dangerous™
  3. 59: Tribes, Thermodynamics, and Crazy People Are Dangerous™
  4. 58: Math, Foreigners, and Crazy People Are Dangerous™
  5. 57: Collusion, Wu Flu, and Crazy People Are Dangerous™

Team Kimberlin Post of the Day

Over the years, I’ve lost count of the times Team Kimberlin has forecast the direst of dire direness would befall me in court. Eight years ago today, Bill Schmalfeldt’s motion to modify the peace order issued against him was denied, and I published this post about his False Prophecies.

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Bill Schmalfeldt is a false prophet, or perhaps I should say he has a rather poor record of predicting my future.prophecy1As Judge Stansfield told him, the things already decided by the Court weren’t up for review in a motions hearing. Res judicata and all that. And the 24 alleged perjuries in my lawyers answers to his motion were never discussed. My disagreement with his point of view did not constitute perjury, and, even if it did, it wasn’t relevant to his motion.prophecy2Schmalfeldt seems to be confused about the relationship between civil torts and crimes. There was essentially no chance of my being arrested today.prophecy3I pointed out in an earlier post that I already have a nice pair of Smith & Wesson Stainless handcuffs left over from previous employment. I really do. I found this old picture of them.cuffsUPDATE—To answer inquiries, it’s a Colt Detective Special (Third Model).

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BTW, that peace orders was the first of dozen restraining order the Cabin Boy™ collected in five states.

Team Kimberlin Post of the Day

Brett Kimberlin has another appeal in process at the Seventh Circuit Court of Appeals seeking to have some of his Speedway Bombing convictions set aside. He has a reply brief due next week. Thus far, he’s maintained a perfect record of failure in the Seventh Circuit. The TKPOTD for eight years ago today dealt with his first appeal to that court.

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Brett Kimberlin is rarely at a loss for words, especially when he’s writing a court document. His complaint in the Kimberlin v. Walker, et. al. lawsuit is 27 pages long. That’s not close to the record. Mark Singer tells this story at the start of Chapter 23 in Citizen K:

In February 1984, a 273-page appellant’s brief in the matters of U.S. v. Kimberlin was delivered to the clerk of the United States Court of Appeals for the Seventh Circuit. Several cases titled U.S. v. Kimberlin—all the convictions from the 1979 indictment in Indiana, as well as motions for new trials—had been consolidated into a single appeal, which sagged under the burden of the disparate factual and constitutional complexities the petitioner wished to address. This hernia-inducing brief grossly overshot the fifty-page maximum length permitted by the court, and it was rejected by the senior staff attorney of the Seventh Circuit without receiving even a cursory reading.

Brett Kimberlin is no stranger to poorly-written, technically deficient court paperwork.

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The pool calendar for the date the court denies Kimberlin’s appeal is posted in the break area.

Consequences of Overreach

I’ve been writing about the Democrats precarious situation caused by their underperformance in the 2020 elections. While they have nominal majorities in both houses of Congress, they don’t have a working majority because of the differing goals of various party factions. However, the inanely progressive wing has dug in their heels, overreaching, demanding more than the saner members of the party know is possible. Senators such as Manchin and Sinema understand they have to win elections in order to stay in office, and aren’t about to support legislation that will alienate their constituents. Nothing is getting done. Their agenda appears DOA. And lots of voters who lean Democrat are losing patience.

So we’re seeing an interesting struggle within the Inner Party, a struggle I suspect will lead the Democrats to disaster. Daniel Roman has a post over at AMAC about the Democrats disarray leading them to that disaster. He closes with these words—

… the real problem with this progressive clique of largely white, privileged, young college grads is not their views on specific policies, but their inability to listen or interact with anyone who is not part of their ideological in-group. That is on full display with the disputes that are currently tearing the Democratic Party apart, the left’s treatment of Sinema and Manchin, and the likely failure of Biden’s domestic agenda.

Read the whole thing.

The next year-and-a-half will be ugly.