Team Kimberlin Post of the Day

In the Second Amended Complaint of his Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin has accused me of the following:

From paragraph 76: Virtually every time Plaintiff appears in Court, Defendants Walker and Hoge have stalked him, and Plaintiff fears that Defendant Walker will assault him again. Both Defendants Walker and Hoge constantly write blog posts, some with photos of their shots at the shooting range, stating how they are armed and dangerous and will not hesitate to use their weapons against Plaintiff. Plaintiff has witnessed Defendants Walker, Akbar, McCain, Frey and Hoge attack anyone online who questions their conduct, and at least one reporter has received many death threats after writing about the Defendants.

<fisking>In July, 2013, TDPK tried to have Aaron Walker and me ejected from a courtroom where a set of peace order and protective order hearings to which he was a party were about to begin. Judge Mitchell informed him that we were entitled to be at an open court session.

I’ve never threatened violence to anyone on this blog. I don’t intend to.

If someone has received a death threat, TDPK should make sure that it has been reported to an appropriate law enforcement agency.</fisking>

From paragraph 77: Defendants Akbar, Hoge, Walker, Thomas aka KimberlinUnmasked and McCain have continued to defame and publicly attack Plaintiff after the filing of this Complaint with thousands of tweets and blog posts falsely calling Plaintiff a swatter and stating that he caused Defendant Walker’s termination.

<fisking>I have reviewed every reference to SWATing published here at Hogewash!, and I cannot find a single instance where I have called TDPK a SWATter. I have referred to his involvement in Aaron Walker’s losing his job. BTW, that came up as in the state case, and TDPK was not able to show that what Aaron’s claims is false. Collateral estoppel should apply to any RICO Madness claim relating to Aaron’s firing.</fisking>

From paragraph 80: Defendants Walker, Hoge, Frey and Stranahan condemned Judge Vaughey online which resulted in the judge being targeted by having his home phone number and address posted online, causing the head of courthouse security to provide special security for him. Defendants Walker and Hoge called on their followers to contact Montgomery County States Attorney John McCarthy and demand that he arrest and prosecute Plaintiff based on their false narratives. In March 2013, Defendants Hoge, Walker, McCain and Stranahan launched “Everyone Blog About Howard County (Maryland) State’s Attorney Day,” which resulted in threats by phone and email to the State’s Attorney over a period of several weeks.

<fisking>TDPK can show no causal relationship between my criticism of Judge Vaughey’s decision to ignore a Supreme Court precedent and grant an unconstitutional peace order and any alleged actions that might have been taken by third parties. I have never contacted State’s Attorney McCarthy demanding TDPK’s arrest. I have asked why the Montgomery County State’s Attorney’s Office has ignored Brett Kimberlin’s blatant perjury, but I have never received a reply. The Howard County State’s Attorney’s Office has never confirmed to me that they received any threats as a result of Everyone Blog About the Howard County State’s Attorney’s Office Day.</fisking>

From paragraph 138: On June 8, 2012, Defendant Hoge, who lives in Maryland, wrote a letter to a Congressman in Maryland and imputed that Plaintiff was involved with swattings, that he should be investigated by the FBI and sent to prison. Defendant Hoge published that letter along with a blog post.

<fisking>Yes, I wrote a letter to Congressman Van Hollen. It doesn’t say anything about the FBI, and it doesn’t accuse TDPK of SWATting. Even if the letter were defamatory, and it isn’t, the statute of limitations on defamation had run out by the time TDPK filed his lawsuit.</fisking>

From paragraph 139: Since the filing of the original complaint in this case, Defendant Hoge has published hundreds of blog posts and tweets defaming Plaintiff and accusing him of crime after crime. In fact, the majority of his blog is dedicated to attacking, cyber stalking and harassing Plaintiff, his family and anyone who supports Plaintiff, including reporters, judges and prosecutors.

<fisking>This blog brings up Brett Kimberlin or one of his associates every day and will continue to do so until he has been brought to justice. Hogewash! has never attacked members of his family, legitimate reporters, judges, or prosecutors.</fisking>

From paragraph 143: Defendants McCain, Walker, Frey, Stranahan, Hoge, DB Capitol Strategies, and Akbar raised and continue to raise money on their websites based on their false narrative about the swattings.

<fisking>As mentioned above, Hogewash! has never accused TDPK of SWATting, but the Gentle Reader should feel free to hit the Tip Jar anyway.</fisking>

From paragraph 156: These Defendants, including Malkin, Hoge, Walker, Ace, Thomas, McCain, Akbar and Frey, egg on their commenters and ask them to get involved, post comments and tweets, demand that Plaintiff be investigated and incite their readers to engage in vigilante action directed at Plaintiff in Maryland.

<fisking>I do encourage the Gentle Readers to get involved. However, as I have said before, I am strictly opposed to any vigilante action directed toward Brett Kimberlin or any other member of Team Kimberlin.</fisking>

From paragraph 186: Other forms of retaliation were the battery of Plaintiff by Defendant Walker; the filing of false criminal charges, peace orders and frivolous civil suits against Plaintiff by Defendants Walker and Hoge; attempting to extort a settlement from Plaintiff in exchange for dismissing a malicious federal lawsuit by Defendants Walker, Backer and DBCapitol Strategies; publishing defamatory stories accusing Plaintiff of swatting; repeatedly threatening Plaintiff with imprisonment based on false narratives; and threatening Plaintiff’s family.

<fisking>TDPK’s allegation of battery was shown to be false over two years ago. He should give it a rest. His thing about false charges, peace orders, and civil suits was found to be meritless by Judge McGann during the 1 July hearing. Collateral estoppel strikes again.</fisking>

From paragraph 249: Defendants Walker, Hoge, McCain and Ali have stalked Plaintiff in public places. Defendants Walker, Hoge and DB Capitol Strategies have filed numerous false criminal and civil actions against Plaintiff over a two-year period, all which have been dismissed or denied. Defendants Hoge, Walker and some of the other Defendants publish daily taunts against Plaintiff and mock this suit with daily posts on their blogs, and continually assert that they are going to get Plaintiff imprisoned. They have attacked Plaintiffs employer and those who donate to that non-profit The Defendants have tried to get Plaintiff fired. They have attacked Plaintiffs wife and teenage daughter and even reporters who have written favorably about Plaintiff. They have even attacked prosecutors who have refused their frivolous charges, Defendant Walker has even imputed in a recent blog post that Plaintiffs teenage daughter is fair game for destruction because of “corruption of blood.”

<fisking>This blog has never attacked any member of Brett Kimberlin’s family. It does engage in mocking him.</fisking>FrenchTaunt

29 thoughts on “Team Kimberlin Post of the Day

  1. It is amazing how much of his complaint is that: (1) anything that he does not want said about him is defamation without ever specifying what specifically was said by whom and how it is a defamatory statement of fact as opposed to truth or a privileged opinion; or (2) he has standing to vindicate what he asserts are wrongs suffered by parties not in the case. I may disagree with Mr. Scruggs about certain things, but he is certainly correct that the court took way too long to get rid of this travesty.

    Popehat is right: this guy needs to be declared a vexatious litigant, and he should be subjected to meaningful sanctions.

    • I sent Ken White at Popehat an email forecasting in rough terms what my giving would be like to the vexatious litigant project. I also proposed some unskilled drudgework that might come up, which I can help with, since I don’t think I have the kind of skills needed for the most important part of the work.

      My view is that if Brett Kimberlin goes to jail tomorrow and all his current lawsuits are dismissed, that still leaves behind a bunch of his messes that we want fixed. Vexatious litigant status is just one thing we’d want to take care of. It’s a great start.

  2. Since Brett Kimberlin is fully aware that he circled around Mrs. Walker’s car for no apparent reason he is fully aware that the “narrative” being promoted about that incident is true. Brett Kimberlin’s attempts to claim that John Hoge, and others, are promoting a “false narrative” is itself a false narrative.

    Typo: “the TDPK was noT able to show…”

  3. Giving some thought to the Popehat signal to research Brett Kimberlin’s vexatious litigation, I began to wonder if Kimberlin and his ilk would claim that people are “conspiring” to deprive him of his rights, and try to use that line of thought in his RICO suit to show organized criminal behavior.

    From what I understand, for an organized effort to be considered conspiracy the effort has to be engaging in some type of illegal activity, such as planning to bomb a high school football game.

    Researching litigation activity is no more conspiracy than is a dozen neighbors calling the police when they observe someone setting up a bomb in a parking lot.

  4. “Legitimate”


    Also, who is “Defendant Ali?”

    Muhammad Ali?

    Prince Ali, handsome is he, Ali Ababwa?

    Could this just be another mock-worthy error by TDPK? Oh I think so.

    • Are you reading any of the transcripts coming out lately? Either the audio transcriptions Aaron’s doing, or the 1 July hearing Hoge posted earlier? These deserve to be mocked viciously.

      • You know, I had not actually considered it, because I think Aaron is doing a fine job of mockery on his own.

        I’m not sure I have it in me to tear into 3 digits worth of actual transcript pages, but that’s what I’m waiting to see.

  5. I think a website full of documents, pleadings, information should compiled and out there for anyone to access or read – the best way to prevent any future Attacks from Brett will be thwarted by tons of material to fortify any new victims

  6. In your fisking of of paragraph 76 you missed one. It’s an untruth for Kimberlin to claim Voldemort is a reporter it since it’s been settled in court by Voldemort’s own attorney, that he is not, in fact, a reporter.

  7. Also of interest for the RICO case from AWs transcription is the thing about Patrick Frey not being an official but just a “teabag blogger.”

    If he is just a teabag blogger, he can’t be a state actor abusing his state power. Right?

    But of course that requires logical consistency. Purposeful lying has a purpose.

  8. The more I read what Brett Kimberlin says the more I realize that NPD personalities are all the same. Self aggrandizing, exaggerating blowhards that will stop at nothing, not even the emotional injury of their children, to make sure they look good to everyone around them. I spent last night in tears because my soon to be ex husband could not stop exaggerating and embellishing the truth, as well as threatening myself and my boyfriends financial well being during the argument that we had. It is exhausting trying to defend yourself from that kind of malevolence and can suck the soul from your body of you are not careful. I empathize with all the defendants in BKs frivolous fillings. And I especially feel a kinship with poor T. Once you are in it is hard to get out. Hopefully she has made it out.

  9. What continues to frustrate me (hi Earl), is the tedious tolerance exhibited by the bench in so many of these cases. It is very disappointing that judges (can?)will not examine the WHOLE truth about the dread pirate Kimberlin long enough to realize that he is not an idiot pro se litigant but an idiot VEXATIOUS litigant.

    These submittals are pathetic and nonsensical on their face. But if the judge doesn’t know any better (willful ignorance?) then upstanding citizens will continue to be at risk of shutuppery by lawfare.

    Every one should read Ken White’s followup at Popehat, and do what they can to support his drive to have Kimby declared Vexatious.

    Closing question: Is Bomber Sues Bloggers willing to channel funds to this effort?

    • One of the biggest complaints of almost every lawyer I’ve ever known is the refusal of many on the bench to make the tough calls that they are paid to make.

    • This comes back to my Randian point: “Whenever you think you are facing a contradiction, check your premises. You will find that one of them is wrong.” I think we all look at the situation and go “This cannot be. And yet it is.”

      Which is a contradiction. And I think that it is based on the underlying premise that the court system is supposed to be fair. And here it is decidedly unfair. So we must check our premises. It could be that the whole system is completely screwed, and not what we thought. Certainly it isn’t the way we see it on TV.

      If the whole system is screwed, that is a pretty unsettling conclusion. So much for truth, justice, and the American way. If our basic understanding of the courts and how the operate is so flawed, what else do we not know?

      I don’t know that this is the flawed premise. Certainly the system is imperfect in many ways. And more than one person has said that their faith in the system has been shaken by this story, But I think that if the system itself were flawed to the core that way that it could not possibly stand. This would be an everyday occurrence, the courts would be completely clogged. I know there are plenty of stupid cases out there, and there have long been calls for tort reform, but I don’t think think that the core functionality has so disastrously failed. I could be wrong, of course.

      So maybe the problem is more localized, then. And if the cases only happened in Montgomery County, Maryland, I might say that would be it. More of a local corruption of the system. But that does not match the fact pattern, either. He has been in a number of Federal courts, too.

      Maybe BK is just that good at it. That, also, does not explain it. Clearly, BK has more knowledge of the system than your average citizen, he knows weaknesses and loopholes and what buttons to push. And, I have said, it is a mistake to consider him stupid or ignorant – I do think that BK is intelligent – in a cunning way. He was running a multi-million dollar drug enterprise as a teenager. That is not nothing. But the results, and the transcripts, disprove this. If he were that good, he would be winning his cases. He would be whipping out supporting opinions that trump his opponents and getting the awards he is looking for. But that doesn’t happen. In fact, his actions, his arguments, are laughable in how poor they are. As I said, what is shocking is not how amateurish his lawyering is, but rather at how successful he is with it. Not enough to win, but enough to punish his opponents by dragging them through the system and costing them time and money, discouraging others from becoming opponents.

      And that is what leads me to my conclusion – he acts with impunity because he has impunity. He gets away with what he gets away with because he has a license to do it. He is empowered to do what he does. As I describe it, air cover. You can look at it in strong form or weak form. I don’t think Federal and State judges are in some BK IRC channel awaiting their marching orders. What I think is that he has chosen the right enemies (starting with Dan Quayle) and is given forbearance in what he does because his actions are petty and small, and directed at the right people. I would not say there is a conspiracy, there is no message being sent out from central command that BK is to be given all assistance necessary. But I think that he did the Democrat party a solid once, and the party remembers its friends. As I say, fellow travelers travel together. So he gets forbearance in what he does, so long as he doesn’t tread on the wrong toes, and doesn’t make too big a splash. And anyone who thinks why would they support a bomber that way? Ever hear of Bill Ayers? The Left loves them some terrorists.

      If that is the premise that needs to be checked, then the whole approach to this drama needs to be examined – going through regular court processes only rewards BK, because he is doing what he wants. Costing opponents time and money, and scaring off others who might be interested in him. Yes, a win in the court room, but that does not even return things to status quo ante. I think Ali was inspired, by the way, and may be a sign. But I also think that means that the way to approach this is not by going after BK, but after that relationship – however strong or weak it is.

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