After Brett Kimberlin put up a pirate theme Bloggers Offense Fund website, I began referring to him as The Dread Pirate Kimberlin and to his associates as various members of his crew. Neal Rauhauser, who was working with Kimberlin’s not-for-profits at the time, became First Mate, and one of the Gentle Reader’s tagged Bill Schmalfeldt as the Cabin Boy. Other associates and enablers were given spots on the crew as well. The appellation “Pirate” change from time to time depending on how The Saga was progressing—Perjurer, Performer, Pusher, etc.—and “Dread” changed to “Deadbeat” when Kimberlin failed to pay various court-ordered sanction.
The Deadbeat Pro-Se Kimberlin’s first LOLsuit naming me as a codefendant was the only one of his multiple defamation cases to get as far as a trial. The TKPOTD for eight years ago today dealt with an odd question he asked Stacy McCain during that trial.
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The Dread Pro-Se Kimberlin asked remarkably foolish questions during the trial for the Kimberlin v. Walker, et al. nuisance lawsuit. Consider this exchange with Stacy McCain.
MR. KIMBERLIN: Do you tie me to Neal Rauhauser?
MR. MCCAIN: You’ve tied yourself to Neal Rauhauser. You told a Maryland court that he is your associate. He has claimed you as his client. Neal Rauhauser has represented your other —
MR. KIMBERLIN: Objection. That’s hearsay
MR. MCCAIN: I’m answering your question.
MR. OSTRONIC: Objection.
THE COURT: It’s your question, sir.
MR. KIMBERLIN: I know. But —
MR. MCCAIN: Can I answer the question?
THE COURT: Yes. You may.
MR. MCCAIN: Thank you. Okay. Neal Rauhauser, you stood in court and said that Neal Rauhauser is your associate. He’s attended multiple hearings where he was not a party that you were involved in. Neal Rauhauser has described you as his client. Neal Rauhauser represented himself as an agent of your nonprofit, Velvetrevolution.us. So he is your associate.
Comparing TDPK to Hamilton Burger would defame Hamilton Burger.
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So Brett Kimberlin believed that being called an associate of Neal Rauhauser was defamatory.