Brett Kimberlin “Misstates the Facts”

I see that the Cabin Boy™ has posted the six exhibits attached to his motion to disqualify Aaron Walker as defense counsel in LOLsuit VI: The Undiscovered Krendler. This is the first in a series of posts evaluating the quality of his evidence. It seems that The Dreadful Pro-Se Schmalfeldt is in full panic mode now that his plans for an easy default judgment have evaporated. His motion and its exhibits have the look of a half-baked attempt to smear Aaron Walker in the eyes of Judge Joseph. Nothing in the motion is germane to the case.

Exhibit 1 is a declaration under penalty of perjury by Brett Kimberlin. Here it is as posted by the Cabin Boy™. (Note: I have not redacted anything. I figure if Schmalfeldt put it online and published a link to it, then Kimberlin can discuss any lack of redaction with him.)

We’ll go paragraph by paragraph.

1.  According to Aaron, he did not meet Kimberlin until 9 January, 2012. That was the date the mythical assault allegedly occurred. Kimberlin sought a peace order based on his alleged assault and harassment, but the judge who issued the order found that no assault occurred and issued it based on harassment only. Additionally, the order was overturned on appeal. Thus, Kimberlin should be collaterally estopped from making that allegation again, but he keeps trying to recycle it. Further, one of the things he sued Aaron about in the Kimberlin v. Walker, et al. nuisance LOLsuit was Aaron’s claim that Kimberlin tried to frame him for the assault. Aaron won that suit. Thus, Kimberlin is also barred from making this assault claim by res judicata.

2. Kimberlin also claimed in Kimberlin v. Walker, et al. and in Kimberlin v. National Bloggers Club, et al. (II) that Aaron defamed him when Aaron told his side of the story of his firing after Kimberlin contacted his employer. Brett lost both suits. That’s a double helping of res judicata. Also, Brett spun his tale of how Aaron’s firing allegedly occurred by selectively publishing emails obtained in sealed discovery.

3. Frivolous criminal charges? There’s photographic evidence, some of which was published on Breitbart Unmasked, that documents Kimberlin’s stalking of Mrs. Walker. Also, not every lawsuit filed against Kimberlin has been dismissed. The Walker v. Kimberlin, et al. suit is alive and well and is headed for a motions hearing on the 10th. A five year campaign? 2016 – 2012 = 4.

4. Aaron Walker has never prepared a motion or other court paper that I have submitted to any court.

5. Brett sued Aaron for defamation concerning what Aaron wrote about pedophilia and terrorism, and Brett lost.

6. What documents? When has Aaron ever lied under oath? Put up or shut up.

7. Tetyana Kimberlin sought help during her domestic problems with her husband in 2013. Aaron offered her pro bono assistance until Zoa Barnes was hired as her attorney. The false claim that Aaron has harassed Tetyana’s older daughter was examined by the Montgomery County State’s Attorney’s Office when the Grace’s Law charge was filed last year. They dropped the charge for lack of evidence.

I’m an engineer not a lawyer. “Misstating the facts” is lawyer speak for what we engineers call lying. Brett Kimberlin is a liar.

52 thoughts on “Brett Kimberlin “Misstates the Facts”

    • Nothing convinces a court more than butthurt from a violent career felon still on parole. Hitching about people who interfering with his life of crime

  1. Given the contents of this statement and the significant detour from the truth, would this be admissible by Aaron in a suit against the short lying liar who lies for defamation?

  2. Isn’t there a particular legal mot juste that can be applied to someone who “misstates the facts” or as you engineers say, “lies” after prefacing his statement with “I Brett Kimberlin declare under penalty of [no hints!] that the following is true and correct pursuant to 28 U.S.C. 1746?”

    Asking for a short friend and his fat, slovenly, drunken, stupid friend.

    • If there isn’t in this court, I know a higher court that specializes in lies and liars and their purview is total, without restriction and applies to everyone and it doles eternal and just punishment. Defendants convict themselves.
      Lord Jesus Christ, have mercy on me, the sinner!
      Open unto me the gates of repentance!

  3. It’s been ages since I posted here (lurk everyday) and I would simply like to express my gratitude for this post. Mr. Hoge has taken the high road, when the majority of us would rush to the nearest forum to express our outrage in ways our gentle host would always refrain from.

    This particular post is a fine example of how most of us wouldn’t act considering the circumstances. But then again, most of us don’t have the same issues that faces our host. I’m certainly aware that others face the same idiocy for doing NOTHING other than supporting good people.. I’m just here to say that the tone of this post may have got me a little fired up.

    Desperate individuals are showing their fangs (along with contempt of anything a judge decrees) in hope of provoking someone into any kind of response. When all is lost to those parties, they still remain one thing at heart… Internet trolls. If you even remotely anger/embarrass (expose truth) them on any type of forum. You always become the target of choice.

    Our host along with others are currently kicking the you-know-what out of people who can’t seem understand how much they deserve it.

    I’m not a praying man, but I’m no stranger to wishing the best for everyone. This sentiment is for everyone who has to step to the plate. Thank goodness most of us don’t.

  4. I have to stick up for the truth, even though in this case the sawed-off pedo is technically correct and Our Gracious Host is mistaken.

    Events that happen from 2012 to 2016 do, in fact, cover five years: 2012, 2013, 2014, 2015, and 2016. The events that the sawed-off pedo are fictitious, but his math is correct.

    I also find myself questioning the wisdom of Fisking these documents before they are filed with the court, which brings that “under penalty of perjury” into play. It reminds me a little of a certain Minnesota form was found in Our Gracious Host’s Scribd account that sent The Blob into a fit of hysterics.

    On the one hand, pointing out its flaws before it’s filed could save time and effort down the road if it keeps it from being filed and therefore requiring stomping, but it also strikes me as a little akin to “educating the trolls” and sparing them the jeopardy they’d face if they submitted it in its current form.

    Alas, I am but a poor and simple novice in the Cultivation and Harvesting of Trolls, and your modern ways confuse me…

    • No, your math is wrong. 2012 to 2013 is one year. 2013 to 2014 is a second year. 2014 to 2015 is a third year. 2015 to 2016 is a fourth year. The time elapsed between 9 January, 2012, and 4 March, 2016, is 4 years, 1 month, and 24 days.

      • It’s not a matter of math here, but grammar. “Over” has two definitions in this context. You are using the “greater than” definition, but it can also mean “during an ongoing period.” In this context, it can be interpreted as “happened on a repeated basis during five calendar years.”

        I assure one and all I am in no way sympathetic to the sawed-off pedophile, but his use of “over five years” is correct in this case. The actual events are total bullshit, as has been proven in court, but the description of the timeframe is acceptable.

        Again, no offense to Our Gracious Host. My last Amazon purchase, which included a Prime membership, went through his link. I have yet to get any Cafe Press Team Lickspittle items, but there are several that tempt me.

        • First of all, thanks for doing your Amazon shopping through the Hogewash! link.

          Your parsing of Kimberlin’s grammar misses one key point. He claims that the acts in question stated in 2011 instead of 2012. That’s where he seems to be getting his five year span. His problem is not math or grammar. It’s the facts. He’s lying.

          • It was a pleasure using the Hogewash! link. Didn’t cost me a blessed thing, and helped Team Lickspittle in a slight way. (I have my eyes on a Murum Aries Attegit mug…)

            And now I see the 2011 reference. Funny enough, it was “over a five-year period,” if you count the right year. If his non-scuffle with Aaron had happened in 2011, he could say “a six-year period,” as he’d count Aaron’s current involvement as part and parcel of the “harassment.”

            He can’t even screw up consistently, can he? He has to contradict himself within the same paragraph.

  5. I am not a litigator but at some time this convicted felon needs to be put on his heels and faced with penalties for abusive litigation via the rehashing of claims he lost. You need a judge with chutzpah.

  6. All Brett Kimberlin has is old accusations which were found to be false. No assault occurred. The stalking and Grace’s Law stuff was unfounded. He is a liar and a serial bomber, who could not convince a court that it’s legally incorrect to call him a pedophile.

  7. Pingback: Brett Kimberlin is Still a Liar | Dave Alexander & Company with Ukuleledave and David Edgren — This is the original Artisan Craft Blog

  8. Odd…Kimberlin is being very HYPERTECHNICAL in claiming he wasn’t convicted of the charge of terrorism, just convicted of a bombing spree that any sane person would call terrorism.

    • As thi is a 7th Circuit case, I’m sure the judge will not have any difficulty coming to the conclusion that Brett is in fact, a domestic terrorist within the FBI’s definition. This is the same circuit that prosecuted him for those offenses in the first place.

  9. All the local papers said speedway bomber terrorized the community. I know people who lived there and through his bombing campaign. He killBed a man through the aftereffects of his terror campaign.
    I am fairly certain the people he really meant to terrorize and intimidate were Sandy Barton and her daughters. THey are still frightened of him, which I’m sure gives him great pleasure. He’s a vindictive little rat.

  10. Bill: your only salvation at this point:
    Open unto me, O Giver of Life, the gates of repentance: for early in the morning my spirit seeks Thy holy temple, bearing a temple of the body all defiled. But in Thy compassion cleanse it by Thy loving-kindness and Thy mercy.
    Guide me in the paths of salvation, O Theotokos: for I have befouled my soul with shameful sins and have wasted all my life in slothfulness. By Thine intercessions deliver me from all uncleanness.
    Have mercy upon me, O God, in Thy great mercy: and according to the multitude of Thy tender mercies blot out my transgressions.
    As I ponder in my wretchedness the many evil things that I have done, I tremble for the fearful day of judgment. But trusting in Thy merciful compassion, like David do I cry to Thee: Have mercy upon me, O God, in Thy great mercy.

  11. I hereby suspend for 30 hours, my Cease and Desist demand to Bill Schmalfeldt, for the sole purpose to allow him to email me at and request of me to travel to his home in St. Francis, Wisconsin to hear his Sacramental confession, to impose penance and give Sacramental absolution, in the hopes of saving his immortal soul. Said email shall remain private as will the entire contents of his confession (the seal of the confessional is absolute). At midnight Sunday night, the suspension of the C&D will expire and return to full force.

  12. Pingback: ‘None of His Business’ | BILLY SEZ – The Bill Schmalfeldt Feldtdown Observer

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