Don’t Even Use That With Me

That ‘s what Judge Joan Ryon sternly told the The Dread Pro-Se Kimberlin when he tried to use his pro se status to excuse his alteration of a document filed with the court in the Kimberlin v. Walker, et al. nuisance suit. The judge told TDPK that she wanted to fine him and took a recess to research whether or not she had the statutory authority to do so. She determined that she did not, so TDPK got off with a warning not to file any further forgeries with the court.

TDPK withdrew all of his motions for sanctions, so the net of the morning is status quo ante—except that Kimberlin is now skating on very thin ice.

My codefendant Stacy McCain will have a more detailed report at his blog.

129 thoughts on “Don’t Even Use That With Me

    • Actually, she was. She called a recess to see if she had standing to fine a defendant . . . . who was so audacious as to do something (i.e., forge evidence) that HAD NEVER BEEN DONE IN A COURT OF LAW BEFORE.

      Well, of COURSE you don’t have standing sweetums — it’s entirely new legal precedent, isn’t it? So if you HAD fined him, it would’ve been more precedent-setting law. Either way, it’s virgin territory.

      (Which is probably a phrase I should refrain from using in a Kimberlin context, I’m sure . . . )

      • Shush now, the adults are talking…

        I’m certain it isn’t without precedent, and even if it was a judge is granted only very specific authority to mete out punishment during a civil trial. There is likely very specific things for which she is allowed to impose financial sanctions against a pro se defendant, even one she finds to have done a Very Bad Thing.

        If this IS without precedent, and if judges only have the authority to hand out monetary fines for certain specific things, and if what BK did isn’t on that list, then he got very, very lucky.

        Don’t act like judges can do whatever the hell they want, because they actually can’t.

        Or rather, they can, but those things never survive on appeal.

  1. OK, she can’t fine him, but he could still be charged for his repeated criminal forgeries. I think the targets of his nuisance suits deserve for him to be charged for his constant bad faith, but most likely he will get away with only today’s warning.

    • At the federal level, it’s a whole different kettle of fish. Fines there (in the RICO case) start in the six figures and the judges have lifetime appointments. (unlike state judges) and are unaffected by limits on their power (see much of the infuriating crap issued by federal judges, legislating from the bench). Brett should take this turd of an outcome and gold plate it …

  2. So as it stands he is 0-1 on submitting forged documents…

    I wonder how the judge came to feel she didn’t have the authority to fine him. I wonder if she can refer charges to be brought…

    • Point is, she didn’t. In the last analysis, it was another finger waiving. The punishment meted, virtually nothing, was grossly disproportionate to the underling offense, which was or ought to have been a felony. Apparently, pro se plaintiffs in Maryland can lie, steal and cheat in pursuit of victory with legal impunity.

      The only thing I could suggest is that the judge would look favorably on any lawsuit to recover damages resulting from the forgeries. That is, if some tort exists that covers this, which I seriously doubt given the fact that direct sanctions are what are suppose to regulate such acts.

      A plaintiff that willful cheats ought to be declared a vexatious litigant because it should be presumed that his target cannot receive a fair trial.

  3. Biased Bill Schmalfeldt, who has admitted that he is biased, was not in court today but is opining on what happened as if he had been.

  4. And, CBBS — per usual — is cheering the fact his domestic terrorist, perjurer, and forgerer of an “excellent” friend has not been duly punished for his willful fraud perpetrated upon the defendants and the court.

    We are known by the company we keep. Judgment Day is going to be a blast for Bill Schmalfeldt. Siding with evil is no way to go through life, stupid.

  5. Pingback: Judge Scolds Brett Kimberlin : The Other McCain

  6. You could just see Twinkie congratulating Hitler on a great speech, never mind those pesky Americans, if only he’d been hatched a few years earlier.

  7. No offense, but I don’t see how this wasn’t a victory for TDPK. He once again walked away without any sort of punishment. No fine, no charges, just a warning that “You’d better not do it again!”

    • I’m apt to agree here. Aside from the domestic-terrorist Brett Kimberlin “now skating on very thin ice” part, IMO, justice was denied today.

      +1 for the Team Kimberlin bad guys. *heavy sigh*

      Oh, well. The ultimate goal is to win the war. Assuming the good guys will win every battle in the process is incredibly unrealistic. As disappointing as it may be — the good guys live to fight another day. Keep fighting the good fight, Team First Amendment!

      • What “war” do you suggest that Team First Amendment win? Kimberlin’s suit was and is without merit, and, everyone including the judge knows it. Brett Kimberlin never had any reasonable chance of winning any judgment. This was an attempt to punish his perceived enemies. The punishment Kimberlin meted out was the process. Now, it is been fully adjudicated that that process can include falsifying charges with legal impunity. That just makes the process more punitive. Even after the suit is inevitably dismissed, or adjudicated against Kimberlin, what message will the outcome send to the next commentator considering writing about Brett Kimberlin?

      • The win is best defined by the the adjudication of BK as a vexatious litigant which would seriously clip his wings wrt doing this to others.

    • I understand your disappointment but I disagree. Being admonished in an ongoing case is not nothing, especially to the degree he was admonished. And consider the tiny terrorist’s history and calculate the odds of him playing straight from here on out.

      It will not surprise me to see this listed in a future order as part of the reasoning for a very ironclad, very just, order.

      • I did not intend to insinuate it was “nothing” — hence, my reference to the “now skating on very thin ice” statement. I would not want to be in Brett Kimberlin’s teeny-tiny shoes after the court’s admonishment today.

        But, yes. I find it disappointing.

      • Sorry, Grace; no offense intended. I was actually replying to LLC and didn’t see your comment until I refreshed the page.

    • No price to pay for fraud on the court and fraud to gain advantage in his suit. The only bonus is if he is caught even just one more time, the hammer will fall hard.

      • We’ve seen the hammer “fall hard” in a MD state. A flyswatter has greater effect.

      • What do you think she will do when he forges/gets caught attempting to sway judge with material falsehood? (He will do it – she will get more of it).

  8. As I read it from BS, BK won big today! Hey, he admitted to forgery months ago! You lose lickspittles!!!!!!

    • Of course Bill would spin a conviction and sentence to death by hanging as Brett being given a “swinging party” at state expense …

      • It’s a shame Shakey doesn’t have two nickles to rub together. I’m convinced we he would eventually divulge his bank account info with a small amount of prodding.

        Wouldn’t you love to get your hands on the Schmalfeldt remote control, No Brain..I mean, Deep Brain Stimulator? How fun would that be, right?

        Finally a truism from Inspector Jiggles; “…I have no balance.”
        As a supposed “writer”, Shakey, “I’m imbalanced.” is probably more accurate.

  9. She may not be alble to find him but, she con have found him in contempt of court, refereed him to the State Attorney for charges and invited him to be her quest for a few day on the contempt.

    • Not as easily as you may think. For one thing, for jail to be an option, the hearing must be criminal rather than civil, and all the usual protections apply, including a lawyer.

      • Well I’m probably mistating that. There are certain actions in civil cases that can expose a litigant to criminal contempt.

      • Maybe I’m misunderstanding and it is everywhere but I thought before one could be deprived of their freedom, they not only had to have notice of that possibility in a civil case, and must also be offered an attorney, etc.

        Again, going back to the Florida skank acquitted of murdering her 2 year old, the kid who was jailed for contempt for flipping off a prosecutor was pulled out of jail and given an attorney. Initially the judge was angry and put him in jail but then was reminded the rules didn’t allow it.

      • Here I go not refreshing the page again! haha So my understanding may be off, but not totally so. Thanks, Onlooker. 🙂

    • Jane, I guess the problem those who follow this story might have is that Brett went to federal prison for forgery. It’s not like he doesn’t know the rules. Thus Heronnor scolded him about the Pro se line of bs he’s hiding behind.

      • Thanks, Gus. Like others, I’d like to see the horrid homunculus fully punished by the court for all of his crimes, past and present.

        I’ve been very surprised at the things people get away with in our legal system. For example, imo, perjury is so common because it’s rarely prosecuted. The excuse is that it’s so common that there are too many to prosecute, it’s all the state would have the resources to do.

        I wasn’t there, so don’t have much of an idea what was argued by the defense or what sanctions were sought. RSM seemed to be impressed with the “scolding” she gave the puny pipsqueak. That she wanted to fine him shows she was pretty angry. That the law doesn’t allow it under these circumstances likely just made her more angry. I don’t want any judge angry at me.

        While I’d have much preferred for the court to throw the book at the tiny terrorist, I wasn’t really expecting it. I am pleased that she got so upset with him and specifically rejected his pro se excuse.

        Now I’m generally a very happy person, so I tend to be a glass-is-at-least-half-full-maybe-three-quarters kind of person who sees silver in the lining, and at the cuffs and collar too. But for me, there wasn’t a criminal acquittal. So, this is at least still hanging over his head, kwim?

  10. Long game people. Long game. As our host has repeatedly pointed out, Kimby usually wins the early/easy stuff, but he’s rapidly destroying the patience and good will of the court with his useless shenanigans. When the chips are down, he’ll be left holding the two of clubs, four of diamonds, one of the jokers, and that re-order card (yes, that’s just four). May the Good Lord be willing and American justice be done, Kimby will be adjudicated a vexatious litigant and the tribulations of our host and his co-defendants will have earned a victory for free speech and a reprieve from those the sawed off runt would intimidate. (Actually, it’d be nice to see his parole revoked; wasn’t forgery one of the original crimes? Shouldn’t recidivism be grounds for re-incarceration?)

    • Well-stated, Gus. I concur wholeheartedly.

      What will the domestic terrorist/perjurer/forgerer use to defend/prop-up his accusations once he has entirely exhausted the good will of the courts and is unable to utilize fraud and forgeries? Ain’t nothing left as his claims are transparent, desperate lies and beyond full of holes. He will completely be rendered neutralized. And, might I add… may the counter suits be swift and numerous.

      Again… tis about winning the war (the long game).

  11. From RSM’s summation:
    “Did you alter the document?” Judge Ryon asked Kimberlin, after he had attempted to excuse the fabrication of a post office record. When Kimberlin again attempted to avoid a direct answer, Judge Ryon said: “You’re not answering my question.”

    Kimberlin then admitted that he had altered the document, but sought to excuse the error by pointing out that he is pursuing his suit against the bloggers on a pro se basis, acting as his own attorney. To that, Judge Ryon responded: “Don’t even use that with me.”

    This seems to be a significant admission, and it is on the record along with the other admission forging the Twitchy summons. In the long game these two items will be much more significant than they appear to be right now.

  12. What’s the over/under on him dropping the Maryland case?

    It just got radioactive for him – he’s got a Judge that understands his behavior, the possibility of sanctions just got real, and he’s exposed to criminal prosecution for his shenanigans.

    Seems BK’s Maryland case just turned from a vehicle for lawfare, into a liability.

    Best he get out while the gettin’ is good!

    • 1 in 10 if you are generous. Remember, he knows he’s right no matter what the judge, lawyers or anybody says. I’m betting he doubles down.

      • Yes, I see the reasoning behind what you say. It’s usually a safe bet that Kimberlin doesn’t understand fairness, or right or wrong.

    • If it gets him locked up again, it’ll stop him from … how to word this. Abusing little girls’ process. What an ugly disgusting record this small man has.

  13. Ol’ Shakey spin this into a bomber win yet? “Its a w-w-w-w-w-w-w-win for my-y-y-y-y b-b-b-b-boss.”

  14. Is the State of Maryland capable of enforcing any of its laws and/or court orders? Maybe that’s what the HoCo SA meant about staying away from there.

  15. Seeing all the down-twinkles here, I guess Team Kimberiln was expecting something much better. Like maybe they were hoping the judge would blow up the defendants with homemade bombs just for even talking about Brett’s forgery of evidence.

  16. So, Bill is nattering about our “spin”. He chided Ali for being pleased that Brett admitted the forgery in open court, as noticing the obvious. But I think he’s got his cases confused. Brett admitted forging the Twitchy summons, but when did he admit altering the green card for Ali?

    Tell us Bill, when did the your friend, Brett Kimberlin admit to being an UNREPENTANT RECIDIVIST FORGER? Or did I miss the apology too?

  17. Hey, Jane! Please — No apology necessary. T’was not offended by your comment at all. Simply clarifying where I was coming from. We’re all looking for same thing here, my friend… Justice.

    And, when it’s all said and done, if CBBS has to choke on a heaping helping of well-earned and well-deserved festering crow… I say… all the better. Heh.

    BTW — Hi, Bill. Why don’t you get a new hobby? Better yet… something — heck, anything — that resembles a life. What a demented, creepy, obsessed waste-of-space you are. Sitting around like a pathetic blob on the interwebz just waiting to be mentioned and offended is… well, pathetic. People only take the time to mockingly reference you because you are such a ginormous, static, easy target. Move around a bit. Go outside and get some fresh air. Spend some time with the wife and dogs you claim to love and care about. It would do you good. And, I don’t say these things because I care nor am I worried about you. I say them because they need to be said and repeated often. You appear to be as clueless and thick-headed as you are pathetic.

      • Thankyouverymuch, Gus. How much you wanna bet your hard-earned bucks he comes back from his break (Feeding Time. Whatevs.) completely lathered up due to my truthful commentary? Heh. Heh.

        I’d wager I’ll be able to smell the smoke from his Twitterfeed from hundreds-upon-hundreds of miles away. Again — Ginormous. Static. Easy. LOL!

      • Truth is such a stranger to Bill thaat he wouldn’t recogize it if it bit his on his ample ass.

  18. Onlooker wrote: “Grace – Kimbie’s way of living is perpetual fan-fiction.”

    Agreed. And, aside from the blathering blob, the domestic terrorist IS the domestic terrorist’s biggest fan. I know I keep using the word “creepy,” but, I do shudder when I consider these creeps and their actions for too long. The utter lack of conscience on both of their parts is mind boggling and so, so disturbing. Evil. Pure, unadulterated evil. *shudder*

  19. A couple of HOURs ago, Bill plopped this on his timeline:

    More fan fiction from Hoge readers. I am not saying anything yet. Haven't heard details from BK. Still waiting.— Bill Schmalfeldt (@ParkyBillTweets) April 9, 2014

    Still waiting? Or trying to figure out a way to spin that slapdown?

      • What DPBK should be thinking is “Oh Cr**” because now at the sanction hearing in the fed case for the forged Twitchy summons they can show a consistent pattern of misbehavior by the plaintiff

    • Maybe those declaring today’s events were good news for Team First Amendment were more right than I initially gave them credit for courtesy of the fog of my disappointment. My bad.

      Being as Baghdad Blob has essentially, virtually, and quite uncharacterically been rendered mute (if for only a short time) may be very telling regarding just how good the news is for Team Good Guys. Moreso, than what I was able to glean from my first reading of our Gentle Host’s blog post on today’s events. Again… my bad.

  20. The defendants asked for sanctions against BK if found guilty of forgery. The judge gets an admission of forgery. Then does what? “On Thin Ice?” “Thin Ice” is now considered to be punishment for forgery in Maryland. SMDH.

  21. Bill and Brett’s families, children long after they are gone or when they are much older are going to have this legacy thrown into their faces – its unfair they have done nothing wrong, but its their shameful legacy to be associated with these relatives

  22. Like I said, Kimberlin is using up his nine lives – it’s never a good thing when a judge has to go back into chambers when someone confesses to committing a crime. I think she had to weigh justice delayed vs justice denied in other words she is fully aware what
    kimberlin is doing to the other defendants and to fine or have him remanded on charges – would incur even more delays and more costs and more chances for overturn on appeal – when you want something over – to seek justice – a direct path has to get to trial.

    Kimberlin has a brilliant strategy – it works, it works extremely well and is almost impossible to defend against – and then we will come to trial – he will lose – the only question is – how big will he lose

    • What does he gain by going to trial that would offset his risk of losing heavily? Why would he not wait to the last minute and simply drop the case? I think Leroy touched on this earlier.

      • When you are a loser all your life, not getting punished is a win

        I now what he’s going to do in al the cases – I’m not going to say – but it is inevitable

    • Numerous counter suits, forever being legally deemed unable to EVAH pull his deceitful, soulless nonsense on others again, and loss of his freedom (Parole. Revoked!) for a very long time would work for me.

      With that said, and before Baghdad Blob blows a fat head gasket, I’m ALL about the family unit. But, there are situations where a family member being removed from a family unit is not only preferable, but necessary and beneficial for the innocent members of the family unit in the long run.

      • I hear you, but Brett is replaceable when it comes to the father role. Sociopaths put great burdens on those close to them and your typical half-decent stepfather will probably bring much more positive and less negative to the household.

      • Except he’s never fettered himself to compliance, certainly never timely good faith compliance, with discovery. He’ll lie and forge and ignore, make indignant excuses and shuffling excuses.

      • Wasn’t a drawback for BK in Walker v Kimberlin. As I recall, he got Walker’s discovery and blew off providing his own. The case got dismissed and he skated again.

      • “I suspect that, for this judge, that won’t quite work for him this time…”

        How so? She let him off on forgery and perjury with a stern talking to.

        • Because she was literally not allowed to do anything else. How is this difficult to grasp?

          She clearly does not accept his claim of being some poor, simple Pro Se litigant, and so his claims of not knowing how to comply with discovery will fall upon deaf ears.

          Not to mention she will be more sympathetic to Defense claims that he’ll never comply and so they shouldn’t be required to produce until after he does.

  23. It looks like CBBS is fail-doxing again. You know, like he has consistently failed to dox @guntotingteabag and @embreyriddlealum? Failures so massive that he had to purge his blog and twitter timeline? He is now fixated on commenter “Roy Innis,” who a suspicious mind might consider, just consider, is one of the Knot My Wisconsin guys jerking his chain again. He seems unable to learn hard and embarrassing lessons.

  24. Back to the important matter at hand, I’m having real trouble keeping track of what BK is trying to do to whom in which lawsuit. Could someone fill me in on the sanctions he withdrew today?

  25. A commenter over at “The Other McCain” asked questions similar to those that have been running around in my head since news of today’s events broke.

    Some1 wrote: “So…basically the judge said “Don’t do this again but the statute won’t let me fine you if you do”? What’s the incentive for Kimberlin to start playing by rules? He already knows he’s got no case.”

    Is there authority (a statute) for the judge to simply toss this nonsense suit if he pulls his fraudulent crap again? More to the point — What are the options out there for the court and/or the defendants as I don’t see the sawed-off, domestic terrorist changing his approach nor his stripes anytime soon — most likely… never. (Needless to say… IANAL.)

    • I would see that down the road, all the forgery and perjury will come together and prevent him from making an argument\claim etc.
      The court will be able to rule then with no chance that he could appeal.

      It also builds the case for him being declared a vexatious litigant and prevented from any more frivolous lawsuits. Again with no right of appeal because of the pattern of fraud and deception .

      Aaron Worthing’s blog discusses the brick by brick analogy

      • “I would see that down the road, all the forgery and perjury will come together and prevent him from making an argument\claim etc.”

        Except he’s a convicted perjurer and forger who isn’t allowed to testify in the very court that just let him slide on ANOTHER count of perjury AND forgery.

  26. If I recall correctly, the Maryland statutes do explicitly state that the judge has no option of imposing a monetary fine when it comes to motions to sanction. I think it definitely will come into play down the road.

  27. “Your Honor, I am but a simple unfrozen caveman pro se litigant. Your world frightens and confu-”

    “Oh, don’t you EVEN bring that shit up into my house! I will cut you a new one!”

  28. So the TDPK got a “stern warning” for submitting forged documents. I bet he is trembling in his boots and won’t do this again until the next time.

    I find the court’s lack of action contemptible. Frankly, I find the actions of government officials throughout this entire episode to be contemptible. I NEVER go to Maryland if there is any alternative. I don’t even like to drive through this bastion of liberal nonsense.

    What does it take to get a little justice in Maryland? Seriously?

    • “I find the court’s lack of action contemptible.”

      So you think judges whould be allowed to make up the rules as they go?

      That’s… Interesting.

      Most folks would rather they hold to the written rules. Your mileage may vary, of course.

  29. I find it difficult to believe there is in effect no penalty at all for knowingly filing forged documents in a civil case, especially when it includes proof of service, which is rather important.

    How is this a loss for Kimberlin? He got away with it, his nuisance suit continues, as do his impositions of time and legal costs on his victims.

    Will the judge suddenly have statutory authority to fine him if he DOES do it again? (Although there seems there would be less need from now on). Or an even more sternly worded warning?

  30. War eagle

    if he forges another document after being warned then he’s in contempt of court and can be imprisoned indefinitely and fined – contempt of court is an ever changing part of our judicial system that varies wildly but the statute probably said that the judge looked up is that a warning must be issued first.

    Pro se falls through the legal system cracks because all the punishments for missteps of legal documents are focused on members of the bar – so this is the rub – they can’t take away his bar card

    • Local rules vary, but this is what I suspect happened…

      Judge gets pissed at the fraud on the court, and wants to slap him down. She hasn’t, however, seen this sort of idiocy from a pro se before, so she wants to make sure what she hits him with sticks.

      She goes and after a quick Westlaw or Lexis search and a light glance at the Maryland rules of civil procedure finds the following: while certainly this is sanctionable conduct, the rules and case law say that pro se litigants get extra leniency, and can’t be slapped down the first time in a case.

      She comes back, upset that her hand must be stayed, and issues her statement.

      Any further bullshit will be beaten down hard, and he will no longer get any benefit of the doubt on any motion or ruling. Defense would do well to slyly, but not crudely, mention the admission of a fraud upon the court in every single filing they make.

      Especially in any and all responses, replies, or sur replies.

      • “Defense would do well to slyly, but not crudely, mention the admission of a fraud upon the court in every single filing they make.”

        This is sound advice indeed!!

        In the arena that TDPK has fashioned, he is learning two things:

        1. Paralegal training does NOT an accomplished and learned lawyer make, and
        2. He cannot live up to his father in any way.

        He has seriously hurt himself with this court and it WILL be remembered!

        On another note, CarBuncle has been conspicuously silent since yesterday. I would hazard that TDPK has not discussed yesterday’s events with him in much detail. Look for a rash of DOXings, libelous postings and lastly, a concentrated attempt by other TDPK supporters to shut down this blog.

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