About wjjhoge

An expert on nothing with opinions on everything.

Team Kimberlin Post of the Day

This TKPOTD from five years ago today analyzes one of the reason why Brett Kimberlin’s lawfare has been doomed for failure.

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In yesterday’s TKPOTD, I pointed out how Team Kimberlin’s lack of understanding of the principles of warfare has rendered their lawfare campaign ineffective. Today, we’ll look at an example of a failure to properly apply the principle of maneuver.

Maneuver – Place the enemy in a position of disadvantage through the flexible application of combat power. Maneuver is the movement of forces in relation to the enemy to gain positional advantage. Effective maneuver keeps the enemy off balance and protects the force. It is used to exploit successes, to preserve freedom of action, and to reduce vulnerability. It continually poses new problems for the enemy by rendering his actions ineffective, eventually leading to defeat.

—U. S. Army FM 3-0

Let’s consider how The Dread Pro-Se Kimberlin failed to place his opponents in a position of disadvantage during the discovery process in the Kimberlin v. Frey RICO Remnant LOLsuit. He served requests for production of documents on Patrick Frey and tried to serve subpoenas for documents on Aaron Walker and me. It’s clear that he was fishing for discrepancies in order to play “gotcha” games. However, his service of the subpoenas was defective. Aaron elected to ignore his subpoena, and when TDPK filed a motion to compel, it was denied because of the defective service. (Judge Hazel’s Letter Order spelled out what was wrong: TDPK had served the subpoena himself in violation of Rule 45.) I let TDPK  have the responsive documents I had, hoping to avoid the hassle of a motion to compel. I was rewarded with a motion for sanctions when Kimberlin didn’t like what I was able to give him.

Undeterred, TDPK decided that he would subpoena Aaron, Aaron’s wife, and me for depositions, and on 10 March, he personally handed the Walkers’ subpoenas to Aaron and my subpoena to me. Of course, that violated Rule 45 again, so the service was invalid. Moreover, the scheduled date for the depositions was yesterday, 11 April, and discovery ended on 1 April.

At no time did Kimberlin’s actions provide him with a positional advantage. Indeed, it was he who was thrown off balance. His wound up posing new problems for himself rather than Patrick Frey or Aaron Walker or me. His own actions were ineffective and led to his defeat on the motion to compel against Aaron and will likely lead to his overall defeat in the suit.

#Loser

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And, indeed, he lost.

Some More Background Information on Rebekah Jones

I’ve been writing about Rebekah Jones for the past few days. I was aware of her because of the faux controversy she stirred up over her firing from the Florida Department of Health. IIRC, she was fired for insubordination because she refused to stop making statements outside of her area of expertise. Jones is a geographer, not a heath professional. That controversy is generally outside of this blog’s area of expertise, so I’d left that story to other venues.

Last week, Jones filed a Maryland peace order petition for the purpose of suppressing Christina Pushaw’s free speech and free press rights to write about Jones. Now, that’s something that is clearly within the historical purview of this blog. Over the next several days, and it will take quite a few, I will be laying out Jones’ history of civil litigation and criminal charges.

The earliest information I’ve found is from 2016 when Jones was fired from Louisiana State University. Records from East Baton Rouge Parish show a Case Number 08-16-0601. Jones had been banned from campus and wound up being charged with a misdemeanor offense of Entry/Remain After Forbidden. She was also charged with two counts of Battery of a Police Officer and one count of Resisting a Police Officer. The disposition of the case indicates that she agreed to a pre-trial intervention program.

In 2017, Jones moved to Florida and entered a PhD. program at Florida State University. We’ll examine her history of restraining orders, posting revenge porn, a failed pro se defamation suit, and more this week.

Stay tuned.

Team Kimberlin Post of the Day

The IRS is falling behind on getting the Form 990s filed by tax exempt organizations. Very few of the 2019 forms are online, and the form for Justice Through Music Project are not posted yet. I’ll post them here when they are available. Previous JTMP 990s have looked like poorly done exercises in creative accounting. Seven years ago today, Hogewash! ran this post noting that The Cabin Boy™ Makes a Valid Point about Kimberlin’s accounting practices.

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He’s right. There’s no reason to suppose that any 1099s were actually generated.@RWG201404102319Z

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Kimberlin’s Protect Our Elections/EMPR Inc lost its 501(c)4 status because of failure to keep up with required paperwork.

The Other Podcast

Stacy McCain, Dianna Deeley, and I will be at our mics at 7 pm ET for the next episode of the The Other Podcast Live. Join us on Podbean.

Likely topics include Civil Rights, Macroaggressions, Physics, and Crazy People Are Dangerous™.

Episode 36: Civil Rights, Macroaggressions, Physics, and Crazy People Are Dangerous™ The Other Podcast

Stacy McCain, John Hoge, and Dianna Deeley discuss the week's news.
  1. Episode 36: Civil Rights, Macroaggressions, Physics, and Crazy People Are Dangerous™
  2. Episode 35: Science Deniers, Misdemeanors, Baseball, and Crazy People Are Dangerous™
  3. Episode 34: Spring Break, Sex, Vote Counting, and Crazy People Are Dangerous™
  4. Episode 33: Wokies, Raaaaacism, Minitrue, and Crazy People Are Dangerous™
  5. Episode 32: Spring Break, Speeches Infighting, and Crazy People Are Dangerous™

A Supreme Bench Slap

The Supreme Court has struck down California’s covid regulations limiting home Bible studies and prayer meetings. The per curium opinion closes with these words—

This is the fifth time the Court has summarily rejected the Ninth Circuit’s analysis of California’s COVID restrictions on religious exercise. … And historically, strict scrutiny requires the State to further “interests of the highest order” by means “narrowly tailored in pursuit of those interests.” Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U. S. 520, 546 (1993) (internal quotation marks omitted). That standard “is not watered down”; it “really means what it says.”

The decision was 5-4, with Roberts in the minority.

Jones v. Pushaw

Rebekah Jones is the former Florida Department of Health employee who was fired for insubordination related to handling of COVID data. She has been charged in Florida with unauthorized access to a computer system, a felony. According to Leon County, Florida, court records, she is now on pre-trial release for that charge and a misdemeanor stalking charge as well. She has recently moved to Montgomery County, Maryland. Although she has never been convicted, she does have a bit of a rap sheet.

Christina Pushaw is a freelance journalist who has written about Jones, and Jones has filed a petition for a peace order against Ms. Pushaw, claiming that Ms. Pushaw has been harassing her. She has also filed an Application for Statement of Charges claiming that Ms. Pushaw has violated the interim peace order that was issued by a District Court Commission, and a summons has been issued for Ms. Pushaw. Jones has been publishing incorrect information about the status of both cases. Let me explain her inaccuracies based on my experience from having been both a petitioner and a respondent on Maryland peace orders.

First, she has characterized the interim peace order as an emergency order. That’s not accurate. The process of obtaining a peace order goes like this. The petitioner appears before a District Court Commissioner who isn’t a judge and rarely is even a lawyer. The Commission evaluates the petition, and if he thinks that the petitioner might be entitled to a peace order if what is being claimed is true, the petitioner next appears before a District Court judge in an ex parte hearing. If the the judge believes that the petitioner might be entitled to a peace order, the judge will issue a temporary peace order which will expire in one week, and a second hearting will be scheduled on the expiration date of the temporary order during which the respondent may offer a defense.

Because Jones appeared before the Commissioner in the middle of the night when no judge was available, the Commissioner issued an interim order which expired in two days, and the ex parte hearing before a judge was scheduled for yesterday. During that hearing, based solely on Jones’ testimony, the judge issued a temporary peace order.

Jones published this on her substack yesterday—

I was fortunate to be able to go early, and I provided a thorough history of this woman’s stalking, harassment, defamation campaign against me, gave the records to the judge (of which there were many), and he granted the order.

She didn’t even show up to the hearing to defend herself.

It was proper that Ms. Pushaw didn’t attend. She had not been served with the interim order, and even if she had been, the temporary hearing is ex parte, meaning that only one of the parties attends. Ms. Pushaw wasn’t supposed to be there. She isn’t required to attend any hearings until she has been served with the temporary order.

Second, Jones has mischaracterized the nature of the summons issued based on her criminal complaint. She wrote this on her substack—

There’s also an order out for her arrest for violating the emergency order issued against her earlier in the week by publicly threatening me online, continuing to stalk and harass me, harassing associates of mine (she told Chris Cuomo he “created a monster”), and attacking me for reporting her to the police for her multitude of crimes.

The summons was issued by a District Court Commissioner based on an assumption Jones’ sworn Application for Statement of Charges is true. It’s a summons. It isn’t an arrest warrant. If it is served on Ms. Pushaw, she will have to respond. Of course, since Ms. Pushaw has not been served with the interim order, she cannot be charged with violating it.

More and more, this is beginning to look like an attempt by someone with something to hide to use lawfare to silence a critic.

Team Kimberlin Post of the Day

Neal Rauhauser’s proposal to use pro se litigation as an inexpensive way to inflict sufficient aggravation and financial hardship on individuals and organizations on the Right which would cause them to offer favorable settlements may have looked good in theory, but it had one significant bug. It turned out that most of the defendants sued by Team Kimberlin believed that their First Amendment rights were worth defending regardless of the cost. It also had another fatal problem: no one on Team Kimberlin is a competent pro se litigator. After a bit of experience with Team Kimberlin’s shenanigans, the courts lost patience and began enforcing the applicable rules of civil procedure. This post from seven years ago today dealt with Brett Kimberlin’s recurring cry “But, You Honor, I’m Pro Se.”

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The Dread Pro-Se Kimberlin repeats that whine in every court appearance and in almost every written pleading. It’s beginning to look as if he’s worn out that excuse.

Judge Joan Ryon: “Don’t even use that with me.” Kimberlin v. Walker, et al.

Judge Roger Titus: “The Plaintiff is no stranger to the processes of this Court … he commenced numerous cases in this Court  …” Kimberlin v. Kimberlin Unmasked.

TDPK is running up against the principle that “[l]iberal construction does not mean that a court can ignore a clear failure in the pleading to allege facts that set forth a claim cognizable in a federal district court.” Solomon v. Dawson, Case No. 13-CV-01951, ECF No. 5. (D. Md. 2013). That ruling was by Judge Paul Grimm.

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Judge Grimm was the judge initially assigned to the federal RICO Madness LOLsuit. He was replaced by Judge Hazel who did a reasonable job of keeping Kimberlin under control. Eventually, the District Court began assigning all of Kimberlin’s LOLsuits to Judge Hazel.

The same sort of thing happened in the state LOLsuits. The normal practice in Montgomery County is for pretrial hearings to be handled whichever judge is sitting on the day that the hearing is scheduled. Beginning with the RICO Remnant LOLsuit, all of Kimberlin’s cases were exclusively handled by Judge Mason. That meant when Kimberlin couldn’t keep his stories straight from hearing to hearing, the judge presiding was able to catch his inconsistencies.

Quote of the Day

Macbeth’s self-justifications were feeble – and his conscience devoured him. Yes, even Iago was a little lamb too. The imagination and the spiritual strength of Shakespeare’s evildoers stopped short at a dozen corpses. Because they had no ideology.

—Aleksandr Solzhenitsyn

Brett Kimberlin 2.0?

One of the tactics that Brett Kimberlin used against his wife when they were estranged and engaging in dueling peace orders was to file a psych evaluation petition against her so that she would be taken into custody when she appeared for a court hearing. It looks as if Rebekah Jones has taken from page out of Kimberlin’s playbook. Wednesday, she applied for a peace order against Christian Pushaw, and on Thursday, before Ms. Pushaw could have been served with the interim peace order, Jones filed an Application for Statement of Charges claiming that Ms. Pushaw had violated the order. This makes it possible that she would be arrested if she showed up in court to defend herself.

I knew this was had a familiar stench about it. This kind of lawfare to suppress free speech needs to be exposed. I’ll keep a close watch on this case.

Stay tuned.

UPDATE—While researching entries related to Jones in the Leon County, Florida, online court records, I found that she was also the pro se plaintiff in an unsuccessful defamation lawsuit.

This post at NRO touches on her criminal record.

Hmmmm.

Team Kimberlin Post of the Day

According Brett Kimberlin’s Parole Commission records, his combined sentence for drug smuggling and the Speedway Bomber convictions expire in 2030. The TKPOTD from eight years ago today dealt with official records related to his parole revocation in the late ’90s.

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When ever possible, I try to include primary documents or links to them in my posts. Here are three further extracts from The Dread Pirate Kimberlin’s current (as of 14 March, 2013) file with the United States Parole Commission. (There’s more than 60 pages in TDPK’s publicly available file.) Note that the file has been redacted by the government because of privacy law considerations.

The first page is from 1997 and shows that a special condition of TDPK’s parole was to begin a good faith effort to satisfy Mrs. DeLong’s judgments against TDPK for her personal injuries and the wrongful death of Mr. DeLong.

The second page is also from 1997 and shows two of the reasons why his parole was revoked. Most folks who have been following the Saga are aware that he was sent back to the slammer for stiffing Mrs. DeLong, but that was not the only reason. Note that item 1 is Kimberlin’s engaging in a fraudulent mortgage loan application.

The third page is from 1999. When his parole was revoked, he was sent back for two years. In 1999, two more years are added. The reason(s) have been redacted, but I’m willing to bet that it wasn’t because the Bureau of Prisons loved his company.

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Freedom of Information Act inquiries have turned up all sorts of interesting information about the members of Team Kimberlin.

Crazy People Are Dangerous™

This appeared in my Twitter timeline——and it set me off researching the case. The Gentle Reader who had followed Hogewash! for a while probably has a good idea of why this case looked familiar to me. (Hints: Brett Kimberlin, Deb Frisch)

Rebekah Jones was fired from the Florida Department of Health. On 16 January, 2021, an arrest warrant was issued for Jones by the Florida Department of Law Enforcement claiming she illegally breached state data systems. She is currently under pre-trial supervision for that charge. It appears that she may be also awaiting trial on a stalking charge as well.

Christina Pushaw is a freelance writer who has written about the Rebekah Jones case for Human Events. Her article appears to be accurate, but Jones, who has recently moved to Maryland, is seeking a peace order against Ms. Pushaw, attempting to use the Maryland peace order statue to suppress Ms. Pushaw’s First Amendment free speech and free press rights.

I spoke with Ms. Pushaw earlier today and have offered her whatever assistance I can provide. I’ll be covering this case as it progresses.

Stay tuned.

Don’t Know Much About History

Breitbart has a piece up about Steve Cohen, the Democrat who represents Memphis in Congress, claiming that the 6 January Capitol disturbance was as bad as the attack on Pearl Harbor.

I knew Steve Cohen when he was an undergraduate at Vanderbilt. He struck me as a lightweight activist wannabe then, but he’s managed to work his way up the Left’s food chain.

Free Speech at UVA

My podcasting partner Stacy McCain has a post up about a federal lawsuit relating to free speech at the University of Virginia. A medical student’s questions about microagressions got him banned from campus.

Skepticism and disagreement are impermissible on the 21st-century university campus. Bhattacharya’s questions made him a Thought Criminal, and soon UVA faculty ordered him to undergo psychiatric evaluation.

The former student Kieran Ravi Bhattacharya has sued the university, and a federal judge has rejected the school’s motion to dismiss.

The school’s founder Thomas Jefferson was unavailable for comment.