Team Kimberlin Post of the Day


One of the subjects of interest at this blog is the First Amendment. I got interested in Brett Kimberlin back in 2012 because of the unconstitutional gag order he was granted against Aaron Walker as part of a peace order. That struck me as an attack on Aaron’s First Amendment rights, and I wound up participating in the Everyone Blog About Brett Kimberlin Day blogburst. Because the hearings involved in the Kimberlin cases were within commuting distance of my home, I began attending them and writing about the various Kimberlin-related peace order petitions and lawsuits.

As a result, I became part of the story.

In late July, 2013, Brett Kimberlin filed a false criminal complaint against me accusing me of harassment. The charge was dropped by the Montgomery County State’s Attorney.

In late August, 2013, Brett Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in Montgomery County Circuit Court alleging a wide array of torts, including defamation and false light invasion of privacy. In July, 2014, most of that case was dismissed on summary judgment. The next month, Aaron, Stacy, Ali, and I received a directed verdict in our favor when Kimberlin was unable to put on enough evidence to allow the remaining case to go to the jury. Kimberlin appealed to the Court of Special Appeals, and a three-judge panel upheld the Circuit Court’s finding in January, 2016. Kimberlin has asked an rehearing en banc by the entire Court of Special Appeals.

In October, 2013, Brett Kimberlin sued over twenty defendants, including me, in federal court alleging a RICO conspiracy and civil rights claims as well as a laundry list of state law torts. On 17 March, 2015, the federal claims were throw out, except for one claim against Patrick Frey. Kimberlin tried to appeal to the Fourth Circuit Court of Appeals, but he was turned away because the case was still ongoing in the lower court. The remnant portion of the case has been limping along, and discovery finally ended last Friday. Kimberlin has sought to subpoena information from me, but I was not properly served. However, I voluntarily let him have the responsive information that I had. Because he was disappointed with what he received, he filed a motion to have me sanctioned. That motion is still pending.

In March, 2015, Kimberlin filed a false peace order petition against me that alleged I had harassed Mrs. Kimberlin’s elder daughter. On 13 March, 2015, that petition was denied.

The following Monday, 16 March, 2015, Kimberlin filed his second RICO lawsuit, the so-called Team Themis suit, against almost twenty defendants. My name was tacked on the end. (This was great timing; the first RICO suit was dismissed the next day.) That lawsuit was dismissed last week.

On 15 April, 2015, Kimberlin filed another lawsuit in Montgomery County Circuit Court which essentially was the state law claims from his first federal RICO suit alleged against most of the same defendants. Michelle Malkin, Twitchy, Breitbart, Glenn Beck, Mercury Radio Arts, and The Blaze were dismissed from the suit in September, 2015. Aaron Walker was dismissed in January, 2016. Dan Backer, DB Capitol Services, Lee Stranahan, and I were dismissed yesterday. Of the four remaining defendants, Patrick Frey, Ali Akbar, and National Bloggers Club remain unserved, and Mandy Nagy is incompetent to defend herself following a devastating stroke.

Kimberlin appealed the denial of his bogus peace order petition, and his appeal was denied after a hearing in Montgomery County Circuit Court on 14 May, 2015.

A few days later, acting through his wife, Kimberlin filed a false criminal complaint based on the allegations in his peace order petition. In June, 2015, the Montgomery County State’s Attorney dropped the charge for lack of evidence.

So where are the cases now.

The peace orders and criminal charges are done.

The first state lawsuit has failed on appeal, and it’s unlikely that the Court of Special Appeals will bother with an en banc hearing and even more unlikely that the Court of Appeal (Maryland’s highest court) would grant a petition for certiorari and take the case.

The first RICO case isn’t over in the District Court and can’t be appealed until the claim against Patrick Frey is adjudicated there.

The second RICO is in now toast in the District Court. I expect that Kimberlin will file an appeal with the Fourth Circuit in a few days.

The second state lawsuit isn’t over yet either, and it can’t be appealed until the claims against the remaining four defendants are resolved.

So, for now, Patrick Ostronic, my pro bono attorney in the state cases, will be watching the Court of Special Appeals for a decision on an further hearing, and I’m lining up legal resources to deal with the expected appeal in RICO 2. And we shall see how Judge Hazel rules on that sanctions motion. Meanwhile, it’s become abundantly clear that the Rauhauser/Kimberlin strategy of on-the-cheap pro se litigation has backfired.

We’re dealing with people who have likely had no interaction with the court system beyond a traffic ticket; the potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds.

—Neal Rauhauser, quoted by Stacy McCain.

Kimberlin now overlooks at his own risk the potential for a group of defendants, some with excellent legal resources, dedicated to the First Amendment to push back against his lawfare. Maybe, just maybe, he’ll begin to understand the potential costs of taking on dedicated pro se defendants with time and resources.

#Loser

53 thoughts on “Team Kimberlin Post of the Day

  1. Sadly, team evil is generally too full of rage, and have such an overblown and thoroughly unwarranted sense of entitlement, they’re likely ineducable. You may have to beat them a few more times before it finally sinks in that they’re wrong.

    #losers

    • Members and worshipers of acme law can never admit they’re wrong, even when such is proven beyond a doubt to their most ardent donors. Truth doesn’t matter. They can fall back on telling old lies about Dan Quayle so that the Leftist donations will keep rolling in. The myths of secret exonerations and vast right wing conspiracies are their night time stories, and they go to sleep thinking that only they know what is right. Anyone who thinks differently must be punished. It’s the Leftist way.

      The resulting truths that emerge from each of these lawfare failures by Team Kimberlin are written in stone forever, in the court record. The more they sue, the greater their legacy of failure, to last as long as the English language.

      Ironic, isn’t it?

      Thanks to Mr. Hoge, Mr. Walker, Mr. McCain, Mr. Ostronic, Ms. Nagy, Mr. Frey, and everyone else of which there are too many to name. You all do civilization a great service.

    • I think you are drawing the wrong model. The fundamental goal of TK was, is, and always will be to establish the principle that they are people who are to be feared and respected. What Aaron Walker and John Hoge did was a direct challenge to their pretenses. Such challenges cannot go unanswered. Lawfare has been merely a tactic. Four of his critics have been SWATted. There are numerous other tactics of extreme harassment. In one case, a woman who said “No!” to Brett Kimberlin was shot dead execution-style. While Brett Kimberlin might abandon the tactic of lawfare, he isn’t apt to “learn” anything. The real question is what will be next?

      • I didn’t limit my comment to lawfare, and have every confidence that our gentle host will be able to keep their losing streak going for as long as it takes. Going outside of lawfare will almost certainly result in moar prison, and there won’t be any teen girl sleepovers there, either.

      • This is the reason that John, Aaron and everyone else involved in TFS are in my daily prayers and are frequently mentioned in the Divine Liturgy during the proskomedia prayers … a very powerful prayer, proven over two thousand years as having great efficacy in bringing individuals prayed for miraculous results.
        May the Triune God, the One God, bless all on TFS and give them victory over the agents of sin and death!
        Lod Jesus Christ, Son of God, have mercy on your unworthy Priest and his prayers. I am the chief among sinners and am unworthy of your mercy, yet I humbly ask it, not for myself, but for my friends who are beset all around by the agents and demonic imps of the great Satan. Savior save us! Lord have mercy on me, the sinner.

  2. I would consider challenging our gracious host in a fishing contest (his choice for species and location) but I would certainly never step to him in a court of law. Even the most qualified counsel can lose a case due to a lack of diligence, I think W. J. J. Hoge would give any takers a serious challenge, in any courtroom across this country.

    It’s a shame that courts have bent over backwards to give a lessor individual (in my opinion) greater leeway in many aspects for frivolous litigation. The only good side is that for every defeat, BK loses additional angles for other litigation. The cumulative damage overall to BK, limits further avenues for future complaints.

    It’s not over for future courtroom visits for our host, but the noose is tightening for BK . He’s running out of material for litigation. The sad issue is quite simple.. he’s like my rat terrier. No matter how many times I knock on the wall, he swears someone is at the front door.

    BK will never stop barking, we need to continue our support for John as long as it takes. He’s been on point for a long time now. We also should also support all who are attacked by proxies of this menace for as long as it takes.

    Staying power.

    I’m going to assume that certain individuals were surprised by the tenacity of HOOOOOOGE!

    (I know there is a correct number of O’s, for the life of me I cant recall the #)

    Take care, fine people.

  3. My 2 cents- I think the judge is saving something very special for Brett Kimberlin for not voluntarily dismissing Mandy Nagy. Very special. Hear that, Brett? Very, very special.

    • That ‘Final Judgement’ by the Creator is going to be truly EPIC. Sadly, we will not witness it as we will all be preparing our own souls for our appearance before Him. Even if you do not believe in Him, He believes in you. Even if you deny His jurisdiction over you, it matters not. Brett can deny that a court has jurisdiction over him but reality has the upper hand.
      Ultimately, true Justice will prevail. In all our exstences.
      Lord Jesus Christ, Son of God, have mercy on me, the sinner!

      • Because their sins were judged at the Cross, God no longer classifies believers as sinners, but as His children; in His eyes they are saints and are not required to appear before Him as Judge.

        Before the Final Judgment, however, Christ will test every believer’s works by fire and grant or withhold rewards based on the outcome. Even believers whose works are totally destroyed do not forfeit their salvation.

        For other foundation can no man lay than that is laid, which is Jesus Christ.

        Now if any man build upon this foundation gold, silver, precious stones, wood, hay, stubble; every man’s work shall be made manifest: for the day shall declare it, because it shall be revealed by fire; and the fire shall try every man’s work of what sort it is.

        If any man’s work abide which he hath built thereupon, he shall receive a reward. If any man’s work shall be burned, he shall suffer loss: but he himself shall be saved; yet so as by fire. (1 Corinthians 3:11-15)

        • Bill is not an actual believer … I have had extensive conversation with him and he does not actually believe in God nor the sacrifice of Jesus Christ, preferring his own will and belief in himself as final arbiter … in other words, a pelagianist and heretic …

          • And yet we must carry on in the hope that the Love of CHRIST can yet persuade him.

          • Amen Gus! That is the reason I persist in my daily prayers for their eyes and hearts to be opened to the reality of God and the salvific act of Jesus Christ!

          • It never entered my mind that my comment would be read as referring to Bill Schmalfeldt.

          • It refers to all of us. I used the example of Bill as he is the only member of TK I have had conversatio with. My comment applies equally to other members of TK who have, by their writings and public statements have demonstrated a similar lack of belief in God and their stance that they themselves control their own reality, independant of God.

          • “And yet we must carry on in the hope that the Love of CHRIST can yet persuade him.”

            Indeed, Gus… that no man shall perish.

            “In his pride the wicked man does not seek Him; in all his thoughts there is no room for GOD.” (Psalm 10:4)

            CHRIST despises Bill Schmalfeldt’s self-righteous pride as it solely serves as the barrier of all barriers to seeking HIM, and receiving the gift of HIS redeeming blood and thus eternal life. BS refuses to acknowledge his spiritual bankruptcy. He is so blinded by his pride that he believes he has no need for GOD.

            I would also wager that BS, courtesy of his inflated sense of self, simply believes that GOD should just accept him already because he “deserves” it.

            BS has proven time and again that he is unwilling to put forth even the slightest of effort toward anything (jobs, weight loss, exercise, blogs, podcasts, PD awareness and fundraising, helping his very sick wife with errands and household tasks, lawfare, etc.). He is destructively lazy and disgustingly selfish.

            BS’s crippling character flaws and moral failures will inevitably seal his eternal fate (not to mention continuing to make his remaining time on earth a living hell) if he continues down the destructive path he has chosen for himself.

            “The LORD is not slow in keeping His promise, as some understand slowness. Instead He is patient with you, not wanting anyone to perish, but everyone to come to repentance.” (2 Peter 3:9)

            GOD’s promise WILL endure. Bill Schmalfeldt? Not so much. BS has stated many times that he does not believe Hell actually exists. Based on his past, his unrepentant nature, and the poor, poor choices he continues to make… he best hope that he is right. *smh*

  4. Pingback: The Hogewash! Theological Seminary | Dave Alexander & Company with Ukuleledave and David Edgren — This is the original Artisan Craft Blog

  5. I’ve been handling some other matters lately. So has Schmalfeldt gotten sanctions and had his case tossed out yet?

  6. God wants to do for us what we cannot do for ourselves, and He will if we let Him.

    Exact understanding of how He will do it is well beyond my pay grade, so I simply rely on His faithfulness. I suspect that a great deal of my expectations are wrong because what and how He keeps His promise will be better than I can imagine.

    • “I suspect that a great deal of my expectations are wrong because what and how He keeps His promise will be better than I can imagine.”

      Exactly, John.

      Courtesy of our simple human nature, it is far too easy to fall into the trap of putting limits on GOD and His promises. The gifts He desires to give to us, and the good works He longs to perform in our lives (and, thereafter), are far grander than anything we can wrap our simple minds around.

      This…

      “For I know the plans I have for you,” declares the Lord, “plans to prosper you and not to harm you, plans to give you hope and a future. Then you will call on me and come and pray to me, and I will listen to you. You will seek me and find me when you seek me with all your heart.

      (Jeremiah 29:11-13)

      Praise be to GOD… for He is good.

    • Exactly. And at what point can defendants insist that Kimberlin post a bond before being allowed to proceed with any future cases. Clearly he lacks the financial resources to pay opposing council if he loses.

  7. At what point can he be declared a vexatious litigant in Maryland. The continuing to bring the same case against the same parties over and over should not be allowed by the courts.

  8. On a separate note, Neal Rauhuaser’s case was dealt a serious blow this Thursday in Texas despite Neal’s public postings (all of which are not rooted in truth so no surprise). While the judge has not issued a final ruling, it is clear the $1M in sanctions is off the table and this is down to fighting over attorney fees. If fees are too high, given the errors made by the judge, an appeal is virtually guaranteed. Given that Neal’s attorney fees cannot be assessed to defend in a case that has been dismissed and hence needs no defense, it is likely that any fees granted will be minimal at best and Neal’s attorney has probably figured out by now that Neal sold him a bill of goods. Serves him right since Dorrell is dirty. No self respecting decent or competent attorney would need to rely upon much less allow a vicious felon to attack opposing council or involved parties and their families. Such interference raises the issue of judgments being reversed.

    I think a few more months on both cases and they will be resolved against both Kimberlin and Rauhauser and they will remain 0 for 100 on the losing end.

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