When I started writing about Brett Kimberlin and his use of lawfare to suppress the First Amendment rights of his critics, I had no idea that he would be stupid enough to sue me, but he did, and dealing with him as been a pain the neck (or maybe a couple of feet lower). One bit of comic relief has come from watching his incompetence as a litigator in court. The TKPOTD from three years ago today described one of his botched attempts to use me as a witness.
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Here’s another exchange between The Dread Pro-Se Kimberlin and me when he had me on the stand as his witness during the Kimberlin v. Walker, et al. nuisance lawsuit. TDPK was struggling to get documents into evidence and was trying to get me to authenticate incomplete and altered copies of blog posts.
MR. KIMBERLIN: Can you authenticate those?
MR. HOGE: No.
MR. KIMBERLIN: You can’t authenticate them.
MR. HOGE: No, not without the complete context of all the blogs to make sure that nothing’s altered.
MR. KIMBERLIN: Take a look at this, oops, identified as Plaintiff’s Exhibit 19 —
MR. HOGE: I can’t identify this as being from my blog. It says it’s a page 2 of something, but I can’t identify it.
MR. KIMBERLIN: Page 2 from Hogewash —
MR. HOGE: It might —
MR. KIMBERLIN: What is the name of your blog?
MR. HOGE: I have, that’s the name of my blog but that would not be the way my blog would format a page. So no, I can’t authenticate it.
You’d think that someone with experience with “over a hundred” lawsuits would have a better grasp of the rules of evidence. OTOH, he’s lost almost all those suits.
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I have to admit that not everything at the Kimberlin v. Walker, et al. trial went as I expected. Going in, I thought that we defendants would have to present a defense, but Judge Johnson ended the trial after The
Dread Deadbeat Pro-Se Kimberlin rested his cases. He found that TDPK had not presented any evidence to support his claims and granted judgment in the our favor.
He always seems to come up a bit short.