Team Kimberlin Post of the Day

Verbosely vexatious litigant would be an excellent description of The Dread Pro-Se Kimberlin. Last Friday, Judge Grimm had had enough and ordered a ceasefire in the dueling motions and oppositions and replies being filed in the Kimberlin v. The Universe, et al. RICO Madness.LetterOrder20140221extract

On Wednesday, TDPK filed a couple of motions dealing with a subject other that one of the subjects in the judge’s letter order. One relates to a protective order filed by Ace of Spades, and the other seeks to have Paul Alan Levy disqualified from representing Ace in the case. The motions were filed without first seeking the court’s permission as the letter order requires.

I received my copy of the motions in the mail yesterday. Here’s the Certificate of Service for the motion to disqualify Paul Alan Levy. Brett Kimberlin certifies that he served a copy on me on 21 February.ECF 93 Cert of Service

Here is the envelope that contained the motions TDPK sent to me.Envelope_20140226Zooming in on the postmark shows that the envelope was mailed on 26 February.Postmark20140226

That date is confirmed by the USPS tracking information.Tracking 20140216

It appears that TDPK has filed a false certificate of service with the motion.

Falsus in unum falsus in omibus.

UPDATE—Aaron Walker discusses the contents of the envelope here.

137 thoughts on “Team Kimberlin Post of the Day

    • Had the same idea, so I researched the letter at Allergic to Bull. It was dated Feb 21st. Kimberlin could be attempting to claim that he mailed it before he received his copy of the court’s letter. Could he have been caught trying to perpetrate yet another fraud on the court?

      I’d be interested in seeing the envelopes for The Franklin Center, McCain and Walker to ensure than none were mailed on the 21st.

      • That’s an academic question given the complaint about fraud could fit within the allotted two pages.

        On the other hand, the question of standing could require a leave to articulate.

        It makes no sense that Kimberlin filed a motion while claiming to have already mailed service five days previously. Predating service doesn’t alter the fact that the motion, according to John Hoge, was filed five days after the letter order from the judge.

  1. I’m surprised Kimby hasn’t asked for a delay on the March 7 date in the Judge’s Letter Order due to political instability in the Ukraine and global warming.

  2. Good luck getting Levy dismissed. Except that all his cases where anyone anywhere represented him involve him being a weasel, this case is by no means about the same or a substantially related matter.

    • Again, this is academic. I’m sure Levy could rally some lawyer in Maryland to say the same things pro bono. Kimberlin can try to suppress the messenger, but, he simply cannot suppress the message.

    • But you seem to have forgotten about the longstanding “acting against my interests” grounds for disqualification! Since when does a defense attorney get to act against a plaintiff’s interests, huh? O-o

      Really, Brett should consider stand-up, if he can stop whining long enough to drop a punch line.

  3. it really boggles the mind that BK would do something so easily shown to be false, but then again it seems anything he can do to waste the defendants time & money is all he is really after….

    RE Levy, I wonder if it isn’t that BK is worried that Levy knows all his tricks which might significantly cut down on the time/money wastage this lawsuit is really about…

    • Not likely. More likely just the usual sociopath’s rage that the world refuses to bend to his whim.

      If there was any rational foundation, it would be that Levy with ACLU destroy his narrative that he is fighting the “good fight” against the “right wing nut jobs”.

  4. If it doesn’t get referred to the US Attorney the little runt will be very lucky. The caper with the forged summons wasn’t just fraud on the Court, but also fraud on the Clerk of the Court. More than just the judge are likely ticked. Then this latest little stunt…

    But I hope he keeps it up. With all of his supposed legal acumen and experience, he’s totally oblivious to what can happen to a federal convict still on parole who repeatedly defrauds a federal judge and court.

  5. BK has been able to skate on the line of legality for awhile. This has fed his sense of invulnerability. As history shows, such hubris eventually comes crashing down. Looks like his time may be up,, and it will be a joy to watch the fall.

  6. So the forged Twitchy summons is a minor clerical error according to BU and this latest fraud is just “margin measuring” according to Baghdad Blob.

    When Kimby gets the smack down from the judge what is the over/under on BU trying to spin is as persecution and Baghdad Blob just ignoring it and refusing to comment on it?

  7. Why is he telling obvious, easily proven, lies? It’s not as if it’s easier. Writing a simple letter ought to be preferable, anyway!

    • Why? Because he can. I expect the judge to chuckle at the clumsiness of a pro se plaintiff and ignore it. Maybe, maybe, issue a warning.

      • I tend toward this way of thinking. I don’t see a judge playing a game of “give ’em enough rope.” Seems to me if something annoys him, he’ll say knock it off.

        The thing that he has said that to is filing a bunch of docs. Now, BK has ignored that and done just that, though I am going to guess that he will say he sent this before he was aware of that.

        Reading the DBCS response, they state pretty clearly, this is a bad way to do business in the court, taking a defective complaint, receiving the responses that point to the defects, and then telling the complainant, hey, no problem, why don’t you fix this up so that we don’t have to consider these defects.

        I don’t think a judge is going to “set up” a plaintiff.

        I know this sounds pessimistic toward the case, but in reality it is pessimistic toward how I view the “justice” system.

  8. Where’s the Schmalfeldt bash!?!

    I DEMAND a Schmalfeldt bash!!


    Anyway, getting back on topic. Don’t forget BK spent many years in prison, and those years have a deep effect on people. It blurs the line between “normal” behavior and “abnormal” behavior. Kimberlin may be doing many of these things because he’s gotten away with them before and he doesn’t consider them wrong. Which is classic sociopathic behavior.

    • I believe his “abnormal” behavior started long before he went to prison. Criminal behavior has never been normal.

  9. Note Brett Kimberlin’s latest declaration:

    “I, Brett Kimberlin, pursuant to the provisions of 28 USC 1746, that the following is true and correct under penalty of perjury.”

    It is a fragment lacking a verb. To conform to the provisions of 28 USC 1746, the missing verb is suppose to be “swear,” but, since he didn’t actually write it we simply don’t know what verb is missing.

    • Not only that – the “following?” That is at the end of the document, correct? Isn’t it supposed to say “proceeding?” Because if you say the following is correct, and nothing follows, well, you aren’t lying, are you?

      • Hey, ya can’t be convicted o’ perjury if the statement can be parsed in any other fashion:

        “I, Brett Kimberlin[, pusillanimous butthurt assweasel], pursuant to the provisions of 28 USC 1746, [waffle] that the following [page number, but not the preceding text, which is a complete fabrication, through and through,] is true and correct under penalty of perjury.”

        There. FIFY.

    • Or maybe preceding, like in English. Or foregoing, as in the actual law.

      Still, it is really an attempt to be clever. So next time someone calls him out on his failure to abide by the law (and the judge’s order that he needs to abide by the law), make sure you mention that not only does it fail to meet the letter of the law, that the way that it is written leaves his response uncovered by the declaration.

  10. I believe he’s been sociopath since he was a kid suspected of stealing neighbor pets (for his snakes?) – that story is from Indiana native with enduring disgust for Kimberlin, not only for his crime spree, but what he described as harm to his friends. He told of a friend who lived in his neighborhood and observed him closely, who blames Kimberlin for helping push her son over the edge into mental illness.
    That blame may or may not be fairly placed, but according to this second-hand source she did describe him as both a firebug and suspect in disappearance of neighborhood pets – relating that the suspicion was widely shared in the neighborhood, by almost everyone but Kimberlin’s parents.

    There’s a story of 8 yo KImby standing out as a very “creepy” odd duck one Halloween, who, as the story goes, spent the evening tending a bonfire when the other kids were being regular kids, he was staring, fascinated with the flames, feeding, feeding that bonfire all night.

    Obviously that’s a second–hand tale and has to rest in its proper place, but I don’t think prison changed him all that much. He was a lying, manipulative weasel well before, just based the narratives in Citizen K. His calculating business dealings, grandiose hopes and dreams, his forgeries, his perjury, his treatment of Sandra Barton, her children and her mother, the conversation with the “landlord” or tenant office trying to get let into Barton’s apartment and risk her eviction…

    And this was in his “youthful” thirties.

  11. Obligatory “Schmalfeldt is simply not too bright” post. He took his blog down again. Why? The numbers! They scare him!! Actually, he posts like he is being hacked. A quick search found that a few Brand Protection companies are hitting his blog from a few different IP addresses each. But then again, this is the guy who trumpeted that “Bettina” was stalking him only to have Rick discover it was some SEO companies BOT. Again, not a very bright man.

    That is all, carry on.

    • Computer illiterate, here. What does this mean? “A quick search found that a few Brand Protection companies are hitting his blog from a few different IP addresses each.”

      • brand protection companies look for things like trademark violations, misrepresentations, counterfeiting. Not sure why they would be targeting Bill. Maybe it’s just a random sweep.

      • He listed a bunch if IPs that were hitting his site and got scared and shut it down because he didn’t know why they were hitting the control file. (As Mr. Nixon pointed out, it’s the file the player uses to play and stop his streaming crap. Guess no one ever listened before or he would have seen it prior to this)

        I spent about 3 min using Google and the IP addresses he posted were for a couple of Brand Protection companies. They hit his site from several different states each. Not sure why, but I’ll bet Cabin Boy knows EXACTLY why 2 different Brand Protection companies would hit his podcast from several different IPs each.

  12. I made this comment over at Aaron’s; the e-mail from Kimberlin to Ace sounds awfully like a threat. Pay up or i will unmask you, no matter who your lawyer is or what they’ve said to you. I also find it hard to believe that any of the defendants would be discussing settling financially with BK.

    • Should say, I’m commenting on Feb 11 email attached to the Levy affidavit which is the first of four documents that Aaron has posted today.

    • I rather liked Mr. Hoge’s offer of settlement to TDPK (paraphrasing, with much license): “Give me a million dollars and I’ll let you dig yourself out of your manure pit in peace; otherwise, I may grab a shovel and help to bury you.”


    • It sounds like he is lying (surprise), and wouldn’t sending threatening e-mails to someone you are suing in court, especially if there are, shall we say, untruths in them, seem a little … inappropriate?

    • I thought so to, it definitely read that way to me, kinda like “look I’m not saying I’m gonna do anything bad to ya, but look at what happened to these other guys who didn’t play ball my way and take it how you will”

      • That is what extortion looks like. The email was also improper and potentially criminal in nature. Depends on the Judge’s decision. He can easliy forward it to the US Attorney for criminal investigation. Since Kimby submitted it himself, this is another example of him stepping on his own crank while thinking he was being clever …

    • His response if pretty hysterical too. Does he assume that no one has a cell phone anymore? Or a credit card? Or one of those neat pre-paid cards from ATT?

      • Well, if he never found my cell phone number when he was trying to dox me, that must mean I don’t have one!

      • And no one has every, in the history of the world, made a long distance call charging it to their credit card or using a pre-paid card from a long distance carrier.

        So it’s total mystery how anyone could call long distance during the work day.

        And of course everyone always works 8am to 5pm M-F, with exactly 1 hour for lunch, always at 12. No one ever works 4 10 hour shifts, or weekend shifts so they have days off during the week.

      • If I’m following everything correctly, a) Moldwarp thinks someone is trying to hack his computer, and b) since he says that Bettina says that Patrick has contacted LE about his threats, he is feeling very cornered; hence all the stuff about Patrick being crazy and Bettina being a crazy lying stalker.

        I’m sure there are other reasons I’ve missed.

      • And it comes full circle now:

        -“Mr. Hoge needs to moderate his comments because they are being used to make false, defamatory statements about me.”
        -“I have not been charged, as Patrick Grady @palatinepundit alleges, with making false statement to law enforcement. Defamatory and false.”
        -“That comment needs to be removed, or Mr. Hoge will have to pay the consequences of leaving it on his blog unmoderated.”

        If he keeps melting down like this, he’s going to burn straight through his floor and into the septic tank. Then BS will be both covered in and full of crap.

      • can someone point out WHERE Patrick “alleges” Twinkie has been charged with making a false report??
        He seems to think it’s somewhere in this comment section but other than Patrick pointing out the legal ramifications if someone were to do in MD there is no defamatory or false allegation directed toward BS…


      • He’s screencapping all sorts of stuff, none of which is Patrick saying “I’ve filed a report”. He does have Bettina saying “He’ll be more upset when he finds out I’m the one who told you to”. Though all I remember her telling him was to contact local LEO.

        And on a related note, according to Bill, you can only file charges against him in Maryland, because that is the state with the county where you allege the crime was committed. However it is my understanding that you can file in either the county of the alleged harasser, OR the alleged victim since the crime took place in BOTH jurisdictions. Which is why Mr. Hoge’s case against Bill was NOT in HoCo. Aaron filed in MD because VA where he lives doesn’t have a law against what was being done. But if Illinois does, (and a bit of Googling suggests that is indeed the case) Patrick can file in Illinois.

    • Moldwarp is now an expert on how you file charges in Illinois against someone from out of state. I guess he slept at a Holiday Inn Express last night?

    • You need to REMOVE this DEFAMATORY and UNTRUE… um, statement of fact about the legal code in MD… IMMEDIATELY or else Hoge will SUFFER DIRE CONSEQUENCES for fanning the FLAMES OF HATRED.

      • Apparently, he thinks he is the only one allowed to talk to the police. I think Betty and Patrick have probably been talking quite a bit to local LEOs. And LibraryGryffon, you are correct about where to file charges. They can seek charges against someone who has allegedly wronged them in the states where they live if there is an applicable statute.

  13. Nowhere does a commenter say BS was charged. Patrick has previously tweeted or commented, I forget which, that he has spoken to his local LE about a cyberstalker who posted a photo of his wife and made nasty comments about his disabled son. A wise precaution, I think. In fact, a number of people who have found themselves involved in this case have spoken to LE about possible swatting – I think Mr. Hoge and Stacy McCain are two examples, IIRC.

      • Precisely Reader. And it appears from his recent comments on twitter that I am the person he is framing for his threats. Fascinating. I don’t think this will end the way he thinks this will end.

      • Funny. Assuming that BS mind is true (yes, big assumption), that looks like Twitter to me. I’m not an Internet expert like “who would access the controls file” Cabin Boy, but I don’t believe that is a comment thread on this blog. Hmm, wonder how Hoge is supposed to remove that. Oh well, HE BETTER!!1!

      • He makes no sense, in part because of nonsensical comments like this one:

        Bill Schmalfeldt ‏@ParkyPundit
        I have not been charged, as Patrick Grady @palatinepundit alleges, with making false statement to law enforcement. Defamatory and false.
        11:43 AM – 28 Feb 2014 ·

        Patrick has alleged no such thing. Nevertheless, even if he had, an ALLEGATION by definition is not a statement of fact. “[U]nproved assertion: an assertion, especially relating to wrongdoing or misconduct on somebody’s part, that has yet to be proved or supported by evidence.” Therefore, it cannot be “defamatory and false.” This guy was an editor?

  14. As Fat Willy huffs and puffs about Mr. Hoge taking down the defamatory posts, etc, etc, just read this post from the website “Knot My Wisconsin”:

    This tells you why Fat Willy has been straining his ample gut to get “Jerry Fletcher”. These guys make us look like a bunch of tossers.

    Willy, I’ll start worrying when you get KMW to take down their posts.

    • OK, I expect insanity in this whole shebang. I was not surprised when BS was tweeting from his dying mother’s bedside, or when he thereafter put a gypsy curse on a bunch of people. I am stunned, however, to find out that he has spent his time for the last two years doing what he does in light of his wife’s cancer diagnosis. Absolutely stunned.

      • As an aside, I don’t vouch for the accuracy of the allegations on the site (obviously), I just posted it to show how utterly incapable Fat Willy is at getting a website that has written things orders of magnitude worse than what we see here taken down.

        As we see right now during his latest meltdown, he is all bluster and quite worthless.

      • He’s a very self-centered person.

        So bungly, too. But I guess at this point there’s no direct way for BK to dismiss his friend without risking BSs mouthy ire.

        Did you see that exhibit of BU posts that went along with BK’s motion to get rid of Levy? (Strange that he would invoke representation of not-himself as any reason to consider Levy conflicted)

        P.s. There is one hilarious passage where one of the socks there expresses bemusement and confuddlement at a (mischaracterized) “attempt to prove” but enemies of BU, that a commenter going by Roger S. was in fact, Roger Shuler. I think it’s far more likley to have been a sock, but as you know it was BILL SCHMALFELDT who made that connection with Shuler. Mr. Blunder. BK is probably a little anxious about how to manage his pet monster.

      • TomB: I followed a link to BS’s own Kos post about his wife. About 2 years ago, he announced her diagnosis. I honestly hope she is doing well.

      • Correctio: he threatened gypsy curses all around but in true Gypsy fashion gypped us of duly earned curses.

        [redacted] An offensive comment about a third-part was removed.—wjjhoge

  15. It appears the only thing SLAPPy the Clown has learned lately is how to write a “0” that doesn’t look like a “9” when addressing envelopes.

  16. Would it be wrong (or even, perhaps….indicative of a possible bipolar manic episode…OOOOoooooooOOOOOOooooooohhhhhhh!) of me to say I am having an exceedingly good time today?

  17. …aaaaand we’re back!

    Apparently he’s had a good cry and a cup of hot cocoa with mini-marshmallows, so he’s all rared up and ready to go again.

  18. Dear God, Fat Willy isn’t even trying anymore:

    So instead, you let them keep the REAL website that has all the stuff defaming you on it?

    Brilliant, simply freaking BRILLIANT!!!

    If we are to be in fear of “defaming” you, perhaps you can demonstrate your legal prowess and have a site that you claim has been defaming for years taken down first?

  19. Perhaps a bit off topic, but has anyone considered the ironies implicit in Kimberlin’s asserting Levy to be conflicted by Levy’s representation of Breitbart Unmasked. That representation was to protect the anonymity of a blogger. If Kimberlin was that blogger, it is difficult to see how protecting anonymity is averse to Kimberlin’s interest in the case where his own anonymity was being protected against a party different from Ace. If Kimberlin was not that blogger, he has no standing.

    • actually that question is completely on topic ( tangents concerning the talking wart non-withstanding)

      and you make a great point.

    • How dare you bring Kimberlin into a Kimberlin thread!

      And I’ve never known “standing” or lack thereof, to be a concern to the mad bomber.

    • Yes, I noticed. I’ve also noticed that some of the issues raised on these threads seem to be making it into briefs, so I’m not going to be making many more specific legal comments except in vague terms. In this case, why is BK bringing BU into the case, as he did BS?

    • You can argue the legal mistake Kimberlin made in that assertion, but we all know that Kimberlin is BreitbartUnmasked.

      Well…at least, I did.

    • Oh, this is just the patented CBBS Outrage Routine. Kyle was making fun of BS, using the patented CBBC Investigative Journalist Technique, which is ask an outlandish question and assume the lack of response means assent. BS is just using this to play the victim. Families are not off limits to him – he enjoys going after people’s wives and kids. Directly going after them, not like in this case, where Kyle was mocking him.

    • Those were the days. I hope you, too, have had nice chats with LE about potential swattings by unknown parties.

  20. BS tweeted: “Whatever Kimberlin did or didn’t do was 30 years ago.”
    Wow. “DIDN’T do”? Just, wow.

      • He committed fraud in order to avoid paying her, too. (He made fraudulent statements to obtain a mortgage on a house.) Tossed back in the pokey for his cumulative evasive efforts.

        And he never gets grace for blowing up a person, and setting bombs that terrorized a town.

  21. Moldwarp is claiming that the only spouse he has ever gone after is Lee Stranahan’s calling her a felon. I’m going to assume that this is libel per se and just part of his general extra-unhingedness when it comes to Lee?

    • Lee Stranahan has repeatedly debunked BS’s inflammatory statements. You can go to Lee’s blog and read for yourself the wild accusations and Lee’s answers. For example, his wife has repeatedly tweeted and posted the events surrounding the death of their child, but BS ignores this and calls them liars.

      • When the Cabin Boy™ was editor of Breitbart Unmasked, he published pictures taken of Mr. & Mrs. Walker by Brett Kimberlin while he was stalking them at the Howard County District Courthouse on 1 March, 2013.

      • He also made the cartoon of you, Aaron Walker, and Walker’s wife, portraying her as an abused bubble-headed bimbo. He has called her a mail order bide. He has constantly ridiculed your son’s appearance and intellect. He has claimed that Stacy McCain abuses his wife. He posted pictures of the Stranahan kids. He thought OccupyRebellion’s rape threats were hilarious. This is just a small sample of “not going after kids and wives.”

        • He’s gone after the Stranahan’s children and also some of Stacy McCain’s children and my son, although, to be fair, my son William has given better than he got.

      • I was pretty sure that it was just part of his total insane hate for Lee.

        Meanwhile he’s screeching on Twitter that Mr. Hoge did not remove the offending comment soon enough (less than 4 minutes?) and he’s sending copies to WordPress and HoCo SA. Given that Mr. Hoge is not legally responsible for what is said here, and he removed it in a most timely manner, what leg does he think he is standing on?

      • And he’s claiming that you are saying that he took the picture of the Walkers? Is the man so irate that he can’t read straight?

        He also is saying it’s all our fault that he will have to show his “proof” of all the lies he’s told about Lauren.

      • Now he’s threatening to harass the Stranahan family again. Stranahan does more than say BS’s statements are lies, he offers proof. BS’s inability to understand prose suggests a reading comprehension problem.

      • According to CBBS, this is none of your business. But the Stranahans and their kids are his. The Wisconsin women whom he threatened is also his business.

    • He’s so unhinged at this point he’s just throwing rhetorical feces at the wall hoping some of it will stick to something, anything. The fact that he just admitted to a crime won’t dawn on him till tomorrow. Then we can expect to see a brand new twitter feed.

  22. “Ahh, but the strawberries that’s… that’s where I had them. They laughed at me and made jokes but I proved beyond the shadow of a doubt and with… geometric logic… that a duplicate key to the wardroom icebox DID exist, and I’d have produced that key if they hadn’t of pulled the Caine out of action. I, I, I know now they were only trying to protect some fellow officers…”

  23. Pingback: There Is A Line | Infantile Messiah Lachrimae

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