The Dread Pro-Se Kimberlin kept whining that he had provided my codefendants and me with “thousands of paged of documents” and that we had given a copy of just one email during discovery in the Kimberlin v. Walker, et al. nuisance lawsuit.
That’s true. He did get only one email, and I’m the one who gave it to him as part of my answer to Plaintiff’s Interrogatory 3.
What I gave him was an email that I had sent to Kimberlin Unmasked that wasn’t covered by codefendant privilege. It was an answer to a question about a recently passed Maryland gun law. TDPK got everything that he asked for that he was entitled to receive. He was very foolish in his choice of questions.
He was clearly focused on finding KU’s identity and showed no real interest in developing any sort of case against me. If Brett Kimberlin is lucky, Judge Hazel will throw out the Kimberlin v. The Universe, et al. RICO Madness on the motions to dismiss. Otherwise, he’ll be facing discovery conducted by each of the two dozen defendants.
For all his bluster, he’s still not sure who KU is. Makes me wonder how he decided Lynn Thomas was KU…
In my opinion – and this is only a guess – they are quite aware that Lynn Thomas isn’t KU. But Lynn used to have a blog, and it participated in Everybody Blog About Brett Kimberlin day, and the purpose of the nuisance lawsuits was only to scare people into settling anyway. So why not target the wrong person? To them, it’s preferable than targeting no one. Additionally they may have felt (incorrectly, as it turned out) that their chosen target, Lynn, would be especially vulnerable to pressure via harassment, so even if not the right person, at least they knew how to make her life difficult.
Another possibility I’ve considered is based on the fact that that Kimberlin outsourced the identification problem to Neal Rauhauser. Neal couldn’t figure out the real ID either, so he decided to take the opportunity to try to make Lynn’s life more difficult, for purely his own reasons, and Brett might not even realize that.
I actually think the first possibility is more likely. Kudos to Lynn for holding up under pretty serious pressure, it is really unacceptable for someone to be smeared and dragged through the mud as retaliation for blogging about Brett’s crimes and for sincerely held political views.
Some of Brett’s enablers seem to hold the view that political differences among Americans need to be handled less like a town hall meeting, and more like Rwanda 1994.
Yes, exactly. When they faildox, they don’t consider it a fail. Terrorists don’t care whether they have gotten the supposed target or not. Because they operate on the “kill one frighten one hundred” methodology. Regardless of whether Lynn Thomas is KU or not, she is interested in this story. And now she is being harassed (along with her father). So the message is do not take any interest in it at all. This discovery was harassment, and while it may not have been effective on Mr. Hoge, it surely gives some other’s pause. Again, I point to the example of Ace of Spades. Speaking of BK on AOSHQ can get you banned – the topic is banned. Because of the threat. The threat to dox Ace, and to go after commenters. The speech about BK has been chilled very effectively – in a way that no court in this country could get away with. Because ultimately the business model for a site like AoS is driven by people going there. Scare them away, the business model goes away. Where is Breitbart on this story now? O’Keefe? Glenn Beck? Redstate?
Terrorism. It works. That’s why people do it.
As to BKs concerns about having to answer discovery from 20+ parties? Piffle. He didn’t have concerns about 5 parties. He didn’t answer then. It cost, what? $600? That was nothing. He hasn’t paid it, and won’t. Oh, maybe it will turn up from somewhere. I wonder how many online Viagra sales it takes to make $600? Regardless, he won’t pay until there is no other choice, and it will cost all parties (including the state of Maryland) much more than $600 to get him into the no other choice position. He has no reason to think that it will go any differently in the Federal case.
Except maybe he might get another sternly worded letter.
Wish I could give this comment more up-votes.
Also note that the faildoxing and harassment is used as a tool to shame the good guys. Remember that poor old lady in Oregon who probably wondered what the heck was going on when BS called and left her a message? YOUR FAULT LICKSPITTLES!!! Bad things would not happen to these good people if it were not for you. How many times has that little scene played out?
Remember your Red Dawn. They shoot the townspeople not because they are the Wolverines, but because they know it will affect the Wolverines. These innocent people die because you are out there not obeying our orders. You forced our hand. We didn’t want to do this. You can stop it.
Pretty good Kafka dialog you two had going there, Mr. Hoge. Calling BK a cockroach, though, would be unfair to the reputation of cockroaches generally.
He is even dumber than I had first guessed. This “discovery” is utterly incompetent. It makes it clear his litigation is completely frivolous.
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Sanctions, payable to the court, vexatious litigant status, and a return to prison for violating his parole through perjury.
Too damn good for him…
Kimberlin wants to know all the information on everyone who stated or imputed that he committed a crime?! Brett, here’s a clue, YOU ARE A CONVICTED CRIMINAL! It would be dishonest to NOT say or impute you have committed crimes.
He should be thrown in jail just on the basis of the stupidity of that question.
Who stated he’s a convicted criminal? Well, start with the US government…
In Singer’s book, Kimberlin admits to numerous crimes as well as being guilty of crimes he’s been charged with.
Hell, John should have submitted a paper with the names of Schmalfeldt, Rauhauser and his other acolytes with the caption, “It’s is easier to list the names of the the people in this country who have NOT stated or imputed that Brett Kimberlin have committed crimes.”
The defendants could of simply turned over stacks of newspapers that published all of Brett Kimberlin’s crimes, but the defendants know right from wrong.
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Well he certainly seems to be intent on finding out who KU is doesn’t he. He seems more interested in that than in winning his case.
More fodder for the lawsuit mill and hate shut-uppery, that’s all he is interested in. Since he has had success in shutting up RedState, Malkin, Beck, Ace and others from even mentioning his name, he will continue his terroristic and extortionate ways because they work simply because a majority will not undertake the fight for their 1st amendment right (and obligation to free truthful speech) preferring to be silent like the German people in the 30’s. Silence in the face of shut-uppery always has a bad result.
Paul, I do not know if you meant it this way, but it seems like you are saying that anyone who is not fighting the good fight out here in the open is chicken – worse, all the way to the Godwin limit saying that essentially anyone who now shuts up about BK is a collaborator.
The very point of asymmetrical warfare is the asymmetry. BK’s biggest claim to fame is that he claims to have sold pot to Dan Quayle. I don’t think that anyone believes that BK has ever even met Dan Quayle – much less sold pot to him. But he took on a big name in the news because that person had a lot more to lose than BK did. A guy in prison for 50 years doesn’t have that much further to go down. A Republican candidate for Vice President of the United States? Well, there is someone with a lot to lose. The result? Certainly days and days of it in the news, and a series of strips in Doonesbury was not helpful to Dan Quayle or the Bush campaign. Likely it was beneficial to the Clinton campaign (if not by design) by having somewhat neutralized “dope smoking” as an issue in 1992. There were any number of jokes about “well at least he admits it!”
And what did it cost BK? A few days in solitary, maybe. Though he might have been there anyway. But he got famous, got a book, made a few hundred thousand dollars from it, got attention and support from people like Joe Biden, and I would bet that the episode played at least some part in his parole. And it certainly plays a part in why he has air cover today.
Someone like Ace of Spades has a lot more to lose than BK. Ace was targeted by TK because he played a large part in publicizing the Weiner story. Remember, TK thought they could dox him as part of the Nadia Naffe lawfare on Patterico. That was one of their goals. And Ace was all about the First Amendment and how swatting infringed on it. And what has it gotten him? A nuisance lawsuit from a pipsqueak loser. But, because of the way things work, he still has to undertake to defend himself.
I don’t know what the profit margins are on AOSHQ but likely an attorney in the DC area to defend a case like this could eat it all up very, very quickly. I can see the calculations that go into it – is it worth Ace’s business to make a stand on a pipsqueak loser? Ace still engages in First Amendment activity – he still speaks truth to power, etc. But not on this topic, he has noted himself the irony of that – and accepts that it is what it is (even though it didn’t help him – he banned the topic BEFORE he became a target in the RICO case). I am not about to condemn Ace for it – especially since my name isn’t really Earl Scruggs. Am I chicken for using a pseudonym to discuss this case? Or have I simply made the calculation that TK’s tactics are sh*t I don’t need in my life? I could, of course, really act on that calculation and stop paying attention to the story altogether. Which is, of course, what the other side wants. That is why they want to pierce veils of anonymity. It is why they wanted the supporters of Amendment 8 made public, so that they could harass them. Like the Mozilla guy. Kill one, frighten one hundred.
No, I am not calling anyone chicken or a collaborator. Lord knows, I understand that the cost benefit analysis makes some shut-up for that is the intent to begin with. But it is also true what I said. Unless the courts make it a high risk occupation to engage in lawfare with heavy penalties and imprisonment such will continue because lawfare is economic terrorism in blunt fact. My reputation is just about as black as Kimberlin’s is so there really isn’t much they can do to me that hasn’t already been done to it by myself. That’s why Matt Osborne and Bill Schmalfeldt can pull the crap they have on me, calling in false reports to my probation officer in an attempt to send me back to federal prison for the remainder of my sentence (about six months). I understand because I have agreed to a prior restraint on my first amendment free speech and freedom of religion to prevent that. See, I am no more courageous than any of the people I named in that the shut-uppery has worked, albeit for only six months. As you cite: “Kill one, terrorize a hundred”.
That’s a low blow Paul. Most of the other defendants have undoubtedly been told to keep their mouths shut until after the suit is resolved. That is SOP, especially for someone like Ace, who is fighting BK on two fronts, defending the suit and to remain anonymous. I would never second-guess the decisions someone makes when they are being sued.
Now, if they win the suit and remain quiet, you have every right to be critical of them. But right now, leave them be.
See my response to Earl.
Yes, the courts need to be more aggressive in their treatment of vexatious litigants, and the Federal Government needs a nationwide SLAPP statute. That has nothing to do with Ace et. al. deciding to remain out of the fray while they are being sued. They aren’t being cowardly, they are just doing what their attorney’s are telling them to do (in all likelyhood).
You are probably right. I don’t think any of them are cowards. I myself have accepted prior restraint to avoid continuing crap from from Osborne and Schmalfeldt.I was pointing out the success of the tiny terrorist’s chilling of free speech.