Team Kimberlin Post of the Day

Not only is The Dread Pro-Se Kimberlin a bad liar, he’s a stupid one. He included this whopper in his appeal in the Maryland Court of Special Appeals of the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit.

It’s trivially easy to show that he misrepresented what happened in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit in federal court. A quick check of the online docket of that case in PACER shows that I filed a reply to TDPK’s “Omnibus Opposition” to the motions to dismiss from the multiple defendants. The following appears near the bottom of page 2 of my reply (ECF No. 236)—The Gentle Reader can click here to read my reply and see that I spent three pages dealing with TDPK’s failure to respond to the points related to res judicata I raised in my motion to dismiss. Not only did I raise res judicata in the federal case, I pounded the point heavily.

Why did Kimberlin make such a transparently false claim? Did he think that I wouldn’t remember raising res judicata in the federal case? Did he think that I wouldn’t provide copies of my federal filings to my counsel and the other appellees in the case? Did he think he wouldn’t get called out in one or more of our reply briefs? Has he never seen a picture of one those coffee mugs?

Moreover, he’s wrong on the law. Some defenses are waived if they are not raised in the answer to a lawsuit. However, neither the RICO Madness LOLsuit nor any of TDPK’s subsequent lawfare made it past motions to dismiss, so none of them had to be answered. None of the cases progressed far enough for a defense to have been waived, so it doesn’t matter whether any defendant raised res judicata in the federal case at the motion to dismiss stage. Thus, Kimberlin has been caught telling a needless lie that wouldn’t have supported his appeal if it had been true.


15 thoughts on “Team Kimberlin Post of the Day

  1. A case could be made he filed his appeal in bad faith, just to plague his enemies with no honest argument, let alone claim.

  2. Once again the legal mynah bird apes something he heard used successfully once by others (failure to raise a specific defense bars the ability to do so later), but again demonstrates he has 0 understanding of the mechanics of the argument, and no clue how to apply it in proper context with a different set of facts. Bald-faced lies don’t count as facts.

    • They did send him back to prison that one time.
      But he won’t even pay his de minimis fines now and the court is cool with it.

    • This is what gets me.

      There *has* to be consequences. Literally.

      So what’s going on? Has the beurcracy just lost track of what’s important (the integrity of the court? Or is it just the case of one hand not knowing what the other is doing?

  3. Pingback: In The Mailbox: 09.05.17 : The Other McCain

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