Team Kimberlin Post of the Day

The Gentle Reader who has been following The Saga of The Dread Pirate Pro-Se Kimberlin for a while may remember that TDPK got his panties in a knot when Aaron Walker filed a memorandum in support of Kimberlin Unmasked in the Kimberlin v. Walker, et al. nuisance lawsuit. TDPK filed a motion to have the memorandum stricken from the record. His motion was denied last Friday.380966V-92Now, if I were a “reporter” like the Cabin Boy™, I would spin this as a great legal victory and proof that the other side’s case is headed off a cliff. But I’m “just a blogger,” so all I’ll say it that in the normal ups an downs of a lawsuit the good guys came out ahead on this one. We’re still a long way from shutting down TDPK’s attack on our First Amendment rights.

You can help Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me defend  ourselves from Brett Kimberlin’s virulent anti-First-Amendment attempt at brass knuckles reputation management. Go to Bomber Sues Bloggers to find out how.

97 thoughts on “Team Kimberlin Post of the Day

  1. I so look forward to these posts everyday. I hate that TDPK is able to bring such frivolous law suits, but I appreciate the updates and small victories as they happen.

    • Its not a frivolous lawsuit per se, its treating the system frivolously, and the liberal judges on the bench are treating all of us frivolously by first – releasing this guy early
      – letting him get away with ducking his financial duty
      – ignoring the threats of litigation as punishment for printing his past
      – ignoring evidence of forgery of a minors papers
      – possibly not declaring him a vexatious litigant

      If everything Kimberlin had claimed was true – its not frivolous – but probably nothing he said is remotely true, or possible provable, and ignores the fact that he is most likely a public figure and I could go on and on

      • Kimberlin should be seriously punished by the courts if he cant prove any of this, Neil R and Bill S the same, fines, sanctions, and possibly another perjury trial.

        We all know he has little or no chance – and he has insisted on continuing.

      • EPWJ,
        Other commenters have mentioned that you’re left-of-center. This blog’s owner is pretty obviously conservative-leaning, and so is Patterico’s. Thanks for helping to remind us that principles always beat partisan political affiliations.

        Your principled example helps remind onlookers on both sides to stay honest. I bet you’re setting a good example in your offline persona, too, and that’s really good for the community.

        This might seem trivial or trite, but EPWJ is a professional who’s taking ugly abuse. He deserves to be reminded that people appreciate his carefully considered thoughts.

      • To clarify:

        If everything Kimberlin had claimed was true – its not frivolous – but probably nothing he said is remotely true, or possible provable, and ignores the fact that he is most likely a public figure and I could go on and on…….

        Everyone should get their day in court, but then they should pay for their conduct – I’m not about to scrap decades of jurisprudence for comrade Brett… I don’t think that he is going to last to discovery

        I cannot conceive any scenario that Kimberlin wins a penny, I can conceive where he pays and pays and pays.

  2. Oh, is this the Walker motion that CBBS, Xenophon, and Roger S said was going to spell the end for all of you?

  3. Don’t worry, I have full confidence that a “reporter” like Cabin Boy can STILL spin this outcome as a proof that BK will win and Walker is doomed. It’s a nice thing about living a tautology – you already have all the answers!

      • What I especially appreciate, is that not only did he fail to extricate Walker’s memorandum, he’s now drawn attention to it. Anyone who examines this case will want to know what Kimberlin was trying hide by striking that document. And they will immediately look it up.

        All that jailhouse law school…for nothing!

      • in reply to pablo: brett is familiar with the streisand effect. he claims that we are “using” it rather than noting it as a phenomenon. Sigh. I think it was in his response to Franklin Center, where he also called Ken White a disgraced attorney. And by disgraced he means “guy who said bad things about me.” Because by no reasonable measure is White “disgraced.”

      • Thanks Aaron and Onlooker- it is clear that he means “disgraced” in the sense of a David Boies or a Dershowitz. By the way, Aaron, did you know that Boies is dyslexic?

      • Actually, Aaron Walker’s claim to fame is “allegedly” beating the crap out of a convicted domestic terrorist. Not bad work, if you can get it.

  4. One of three denials for BK issued that day. His motion to compel KU to court was also denied. Sure, it was seeking compulsion on January 13th so it was moot, but that is not what the denial is. I suspect this active denial means that he cannot try this route on any other date, either. And for whatever reason it seems that BK opposed Mark del Bianco’s withdrawal. That must be an interesting argument, would love to see it. But anyway as the court granted the withdrawal that means BKs opposition was rejected.

    BS will no doubt fail to report all of these court rejections of BKs arguments because, hey, he only has the word of some website. But I think the rejections form a larger narrative: his bullsh*t ain’t flying.

  5. I’ve suspected BK would drag a certain someone related to him into the fray, and not the least because he furious his amazing life story is not an asset, clearly the fault of anyone that publishes it.

  6. BREAKING: CBBS pens libelous letter to Politico reporter. Shockingly, he mentions that he has PD. I know – he usually plays that card so close to the vest.

    • Wait a minute…Bill Schmalfeldt has Premenstrual Disorder? Wow. I’m sorry to hear that. The symptoms are pretty difficult actually. Although, I hear it usually effects only women…

      Feelings of sadness or despair, or even thoughts of suicide
      Feelings of tension or anxiety
      Panic attacks
      Mood swings or frequent crying
      Lasting irritability or anger that affects other people
      Lack of interest in daily activities and relationships
      Trouble thinking or focusing
      Tiredness or low energy
      Food cravings or binge eating
      Trouble sleeping
      Feeling out of control
      Physical symptoms, such as bloating, breast tenderness, headaches, and joint or muscle pain

      Stay strong Bill!

  7. BREAKING: BK pulls Willy Schmalfeldt into federal case, Hoge responds, Willy blames Hoge. Addendum: BS should read Walker’s brief, wherein he cites Schmalfeldt’s pedo analysis.

    • BREAKING: Cabin Boy considers the dropped charges as part of mediation as his “victories,” yet wonders why no one besides TK will give him “their side” of a story.

      • Seriously, the guy ADMITS ON HIS OWN BLOG THAT HE IS BIASED, then feigns outrage at being called out for . . . bias.

  8. BREAKING: Schmalfeldt falsely accuses Hoge of defaming him in a legal brief, ***which are completely privileged, therefore nothing in them can be used to claim defamation***, breaks mediation confidentiality by posting draft of the mediation agreement. “The merits of mediation are the privacy and confidentiality and the opportunity to discuss needs and interest in the outcome of their case rather than let a judge or jury make the decisions.”

    • BREAKING: All proceeding as foreseen. Cabin Boy eventually comes full circle, acts as wholly predicted by the most cynical of observers (namely, finding ways to potentially screw up a gift in mediation), noted Hog kicked him out of a wheelchair. The public waits with baited breath until BS declares that since Hoge violated mediation, he is free to @mention him again.

    • Oh, dear.

      I am aghast – the man simply has no sense.

      Once, I said his remaining silent was not impossible (as in, “forbidden by the laws of physics”). I begin to suspect that I shall have to rescind that statement.

  9. BREAKING: Schmalfeldt posts alleged draft of mediation agreement. Appears to provide proof of bias, as well as that he broke the agreement on Feb. 7 (sorry, Mr. H.):

    “Now, I will report aggressively on Brett Kimberlin’s lawsuit against Hoge and his co-defendants. But I will not be unbiased. I have news that I am sitting on until early next week. It is not good news for Hoge and his co-defendants. (I’ll tell you this much. I won’t say if it’s the state case, the RICO case, or both. Some will save themselves at the expense of others. This is not speculation.)
    And I can’t fucking WAIT until I can write about it without risking the outcome.

    And for every dollar Kimberlin takes from Hoge, for every piece of property Kimberlin takes from Hoge, for every bit of suffering Kimberlin causes Hoge, I will smile. I will laugh. God forgive me, I want the man to suffer. And according to this story I am sitting on, suffer he will.

    Remember where you read it.

    Suffer, he will. It won’t match what he’s done to me. But it will be a small measure of satisfaction to have lived long enough to see Karma bite him on his pockmarked, pimply ass.”

  10. I’m sure I’m not the only one who had noticed that when BS claims that when Hoge has a bad day in court “he drags me out of my wheelchair and kicks me around” it’s quite the opposite that is happening.
    As in every time BK has a bad day in court, here comes Bullcrap Bill attacking Hoge for anything he can think of. It would be amusing if it weren’t so pathetic.
    Stay Strong Hoge & God Bless.

  11. Mr Kimberlin forgets to bring him up in his injunction motion, but consider “Photographer” and self-proclaimed spokesman for JMTP and where he had been residing (if he does not still reside there now).

    Of course no rational person would weigh this in a decision to accept an invitation or choice to send over unsupervised young persons.
    But if one did, Is it not so that the complained of impact on social life and acceptance of invitations would obviously caused by those who PUBLISH Gillette’s conviction of of possession of child pornography? Certainly it could not Mr. Kimberlin’s choice to have had him there with camera at the ready.

  12. Gotta love this..from Senor Neckroll:

    I’m asking around to see if I can get an answer from someone with legal knowledge about what “adjudicated harasser” means.

    Heres a hint, google it.

    For those too lazy, all the google results come up with articles about the oedipal troll himself.

  13. Wow BS is super non-self-aware. He is demanding to know when he has published things before they appear on pacer. He doesn’t remember posting the RICO filing before it was even filed?

    I am sure that he does remember, just more of his lying.

    • Did he file the RICO filing, or did he file the documents handed to John Hoge, and, mailed to other defendants?

      • There were two copies floating about. One was submitted to the court. Another handed to John Hoge. Which did he publish? The one with Twitchy listed as a defendant, or the one filed in the court without Twitchy as a defendant?

      • BSB, little Willie published what must have been the draft of the document before it had been filed with the court OR handed to anyone else. The numbering of the paragraphs were different, and the text was different. There was some issue or other that Team Lickspittle pointed out here and BS went into high dudgeon mode claiming that, no, BK had indeed made some claim or other in his RICO filing – when in fact, it was something in the pre-filing draft, not what in the first complaint as filed.

      • And I suppose he figures it is okay to lie about it because he thinks that no one screen capped all of that.

        Reporting. Heh.

      • So, the document he was published, at least to the extent that it varies from the actual filing, is not privileged because there was no underlying pleading?

    • He posted the sealed documents in the Aaron Walker case. How’s THAT for having published things before they appear on PACER? Cause I’m still looking for them on the court docket and I can’t find them.

      • That’s because they are sealed and Brett handed the sealed docs to BS to publish. He crowed about it to me in a telephone conversation the same day. Of course I’m willing to swear to that under oath, so there’s that Sword of Damocles hanging over their heads …

  14. More gold from Cabin Boy:

    “What Hoge has just done is claim that I do not follow the tenets of the Society of Professional Journalists. That is a libelous statement.”

    Potential idiocy aside, let’s check out the code of ethics from said Society. A few verbatim tenets which are worth noting (see the full code here:

    — Test the accuracy of information from all sources and exercise care to avoid inadvertent error. Deliberate distortion is never permissible.
    — Avoid undercover or other surreptitious methods of gathering information except when traditional open methods will not yield information vital to the public.
    — Avoid stereotyping by race, gender, age, religion, ethnicity, geography, sexual orientation, disability, physical appearance or social status.
    — Support the open exchange of views, even views they find repugnant.
    — Distinguish between advocacy and news reporting. Analysis and commentary should be labeled and not misrepresent fact or context.
    — Recognize that gathering and reporting information may cause harm or discomfort. Pursuit of the news is not a license for arrogance.
    — Recognize that private people have a greater right to control information about themselves than do public officials and others who seek power, influence or attention. Only an overriding public need can justify intrusion into anyone’s privacy.
    — Show good taste. Avoid pandering to lurid curiosity.

    Surely, there are even more which may ring true… or rather, false in BS’s case. I’m just tired of copying and pasting.

    • And, of course, a careful review of Hoge’s brief, which in any event is completely protected from defamation claims as it is part of litigation, never uses that phrase. Another lie.

  15. Acme Law is spouting at the outrage of Hoge “bringing” Schmalfeldt into the federal suit. First, Kimberlin mentioned Schmalfeldt, not by name, but by claiming, inter alia, that he was a “reporter,” and Hoge responded to Kimberlin’s brief, so if Schmalfeldt wants to blame anyone for bringing him into this, he should look to his “very good friend.”

    Second, they are wondering what “adjudicated harasser” means. Unbelievable. Denial ain’t a river in Egypt, folks. From the Peace Order:

    “1. That there is clear and convincing evidence that within 30 days before the filing of this Petition, the Respondent committed the following act(s): Harassment[.]”

    That there is a finding by a court, i.e., an adjudication, of harassment.

    • Come on, just because a peace order based on a judicial decision of harassment exists doesn’t mean BS was legally found to be a harasser.

      Oh wait, it does. Or at the very least, it makes a fairly convincing argument of such.

      Well, it doesn’t REALLY count actually because the judge was stupid and doesn’t get Twitter, or something. And it doesn’t account for the HUNDREDS of VICTORIES that Cabin Boy has.

  16. Well, it looks like Team Lickspittle managed to shoot down every false claim made by Willy Schmalfeldt this afternoon.

  17. BREAKING: Cabin Boy comes closer to following through on my prediction a few hours ago (at 12:54 PM in this thread).

    “Now that Mr. Hoge has violated the terms of our mediated agreement, I no longer feel bound by it. I will obey the law. But the agreement?”

  18. There was no agreement not to address references to BS in BKs filings in ongoing litigation., and no aspect of the agreement (that was supposed to be confidential) violated. But you’re right. He just can’t stop. It was only a matter of time.

    • They wouldn’t have been able to agree to that anyway. Statements in litigation are protected. By the way, Schmalfeldt cannot unilaterally decide that Hoge broke the agreement, thereby freeing BS from complying with it. To do so would … well, no free legal advice. If he is foolish enough to violate the agreement, then he will find out the consequences.

  19. But let us return to BKs connections his amazing household includinig that photographer convicted of possessing child pornography. Let us return to his very public charges designed to punish and control his wife and his attempt to have her held involuntarily when she was perfectly lucid (and had just been observed so by a judge in open court, who put a stop to that fast). Who did that? Who is responsible for that?

  20. He’s still at it with Kyle Kiernan. In the past couple days, he posted the criminal record of a guy who was a minor at the time (very reporterish of him) he committed a number of offenses, and who was incarcerated during times that the person who tweets as Kyle Kiernan was leaving comments on the net. Crackerjack “reporting.”

    • If only BS had a ready code of ethics to follow, like the Society of Professional Journalists which he claims to maintain.

      “— Recognize that gathering and reporting information may cause harm or discomfort. Pursuit of the news is not a license for arrogance.
      — Recognize that private people have a greater right to control information about themselves than do public officials and others who seek power, influence or attention. Only an overriding public need can justify intrusion into anyone’s privacy.”

      I guess it is libel to simply suggest that he may have run afoul with these on the Kiernan affair.

      • I feel bad for the word “logical”. He keeps abusing it in the most terrible ways. So far I have far and away won the engagement hands down for reasons he is incapable of fathoming.

      • So Kyle, when you mentioned that piece of information that Bill completely missed…it was the fact that you were on the internet during the time Bill says you were in jail, wasn’t it?

        No wonder you were laughing so hard.

      • Nope. The whole time contradiction thing was totally to the credit of “A Reader”. Good catch.
        My point with the postings was to puncture the whole “one and only one” thesis they were trumpeting. I’ve shown links for at least two. Where there’s two there may be more. Now 1978 me may have left. Well so may 2005 me. Heck maybe we both left, came back and had Margarita’s on the beach. Kind of a Father and Son gig.
        Point being that the massively “logical” CBBS argument is based on the thinnest of reeds. Correlation, Co-location, and Coincidence is not Conclusion no matter how much you want it to be. And he doesn’t have very inhibited reasoning that demands proof before locking on to a conclusion. His jumps out and grabs stray evidence and chains it up in his basement torture dungeon to be his sex slave victim.
        I realize he is probably saying outrageous things to to provoke me into revealing information but most of all to go to his blog to “prove” something. He needs that breadcrumb trail which is an IP address to find anyone. Except it’s not a breadcrumb, it’s the yellow brick road. It gives all. He and his buds couldn’t find his flabby left butt cheek without an IP to track it.
        It’s been my amusement to make him display his fallacious reasoning, his bombastic boastfullness, and his virulent personality to the world.

        My score: several days of Twitter wedgies.
        His score: can’t get one thing right.

      • And there’s this: when I read how you write, you do not sound like a 27 year old drug abuser with a prison record who probably never went to college what with being in the slammer and all. Thinnest of reeds, indeed. Add teleportation and time travel to your mad skillz.

  21. BREAKING: Pity Party! Cabin Boy goes from 300+ VICTORIES to being confounded by Luddite judges and having no hope against the mighty powers aligned against poor him. Not sure if he’s a Scooby Doo villain or Sybil at this point, but forecasts call for continued meltdowns.

  22. By the way, I have sent an email to Mrs. Weinger of Politico with a link to and the full text of Bill’s anal rape fantasy that he posted to the Daily Kos. I have referenced the email he sent to her, to be sure it all makes sense.

    The best way to discredit Bill is to quote Bill.

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