Team Kimberlin Post of the Day


It seems that Brett Kimberlin is trying to catch up with the paperwork for one of his surviving not-for-profit entity. For many years, Jeffrey R. Cohen was the Executive Director and Resident Agent for Justice Through Music Project. However, when I attempted service of process on JTMP through Mr. Cohen almost five years ago, it appeared that he was no longer associated with the organization, and by 2017, it appeared that he was no longer a resident of Maryland. Last month, Brett Kimberlin filed a notice with the State of Maryland changing JTMP’s principal office address from the house formerly owned by Jefferey Cohen and making himself Resident Agent.

BTW, the “Jefferey Cohen” signatures on the Form 990s filed with the IRS in 2016 and 2017 do not appear to match the “Jefferey Cohen” signatures on Form 990s filed in 2015 and earlier. However, the signatures on the earlier IRS filings do match the “Jefferey Cohen” signature on the Justice Through Music Project Corporate Charter.

Team Kimberlin Post of the Day


Identity theft has been one of the forms of harassment used by Team Kimberlin. The TKPOTD from six years ago today dealt with one attempt to impersonate Mrs. Hoge.

* * * * *

Mrs. Hoge received a couple of interesting emails today. Someone is trying to use her identity to sign up for a Disqus account in order to post comments at Breitbart Unmasked.UntitledMrs. Hoge also received this email related to Bill Schmalfeldt’s new SRN.Untitled1Of course, she hasn’t tried to comment at BU, and she has no interest in SRN. (She prefers to listen to WYPR out of Baltimore for NPR talk and jazz and WETA-FM from Washington for classical music.)

I can understand why a member of Team Kimberlin would rather have someone else’s identity instead of his own. OTOH, I am not amused by someone trying to steal my wife’s identity.

* * * * *

I was not amused. Mrs. Hoge was not amused. However, the statute of limitations has run, so this is one less anvil that might drop. There are others still pending.

Team Kimberlin Post of the Day


Yesterday, we took a look at a post about a perjured declaration by Brett Kimberlin that Bill Schmalfeldt included as an exhibit in a motion to have Aaron Walker disqualified as the counsel for the defendants in LOLsuit VI: The Undiscovered Krendler. Today, we’ll take a look at another exhibit from that motion, This post, The Sixth Nonsense, first ran five years ago today.

* * * * *

We’ve made it to the last installment of our review of the exhibits The Dreadful Pro-Se Schmalfeldt has included with his motion to have Aaron Walker disqualified as defense counsel in LOLsuit VI: The Undiscovered Krendler. The review of Exhibit 1 is here. Exhibits 2 and 3 are considered here. The post looking at Exhibit 4 is here. Fit the Fifth is here.

Exhibit 6 consists of newspaper clippings which the Cabin Boy™ imagines prove that Brett Kimberlin isn’t a terrorist.

The first two deal with reports for what appear to be two of the three trials for the Speedway Bombings. Rather than support the Cabin Boy’s™ argument, they support the view that Kimberlin is a terrorist in the everyday, common use of the term. Moreover, they do nothing to change the fact that Kimberlin sued claiming that Aaron Walker defamed him by calling him a terrorist, and Kimberlin lost that suit in 2014. Kimberlin brought up the same claim again in the RICO Retread LOLsuit, and he’s lost on that claim against every defendant whose motion to dismiss has been decided. So that question is settled as far as the law is concerned. It is not defamation to call Brett Kimberlin a terrorist.

There’s also a clipping of a obituary for Carl DeLong. The Supreme Court of Indiana ruled that Kimberlin was responsible for the wrongful death of Carl DeLong. There’s nothing in that clipping that voids the court’s finding.

Bill Schmalfeldt’s ill-conceived motion and risible exhibits are Acme Legal’s work at its shining best. He says he’s filed them. OK. Now, we wait for the anvil to drop.

* * * * *

Team Kimberlin Post of the Day


For several weeks Bill Schmalfeldt bloviated about how he was going to win a default judgment in LOLsuit VI: The Undiscovered Krendler only to discover that the defendants had retained counsel who filed timely motions to dismiss the case. He seemed particularly worried when he found out Aaron Walker was the lawyer who had taken the case. The Cabin Boy™ quickly filed a rather silly motion seeking to have Aaron disqualified from the case. Among the massively wrong-headed exhibits filed with that motion was a declaration by Brett Kimberlin. This post, Brett Kimberlin “Misstates the Facts”, ran five years ago today.

* * * * *

I see that the Cabin Boy™ has posted the six exhibits attached to his motion to disqualify Aaron Walker as defense counsel in LOLsuit VI: The Undiscovered Krendler. This is the first in a series of posts evaluating the quality of his evidence. It seems that The Dreadful Pro-Se Schmalfeldt is in full panic mode now that his plans for an easy default judgment have evaporated. His motion and its exhibits have the look of a half-baked attempt to smear Aaron Walker in the eyes of Judge Joseph. Nothing in the motion is germane to the case.

Exhibit 1 is a declaration under penalty of perjury by Brett Kimberlin. Here it is as posted by the Cabin Boy™. (Note: I have not redacted anything. I figure if Schmalfeldt put it online and published a link to it, then Kimberlin can discuss any lack of redaction with him.)

We’ll go paragraph by paragraph.

1.  According to Aaron, he did not meet Kimberlin until 9 January, 2012. That was the date the mythical assault allegedly occurred. Kimberlin sought a peace order based on his alleged assault and harassment, but the judge who issued the order found that no assault occurred and issued it based on harassment only. Additionally, the order was overturned on appeal. Thus, Kimberlin should be collaterally estopped from making that allegation again, but he keeps trying to recycle it. Further, one of the things he sued Aaron about in the Kimberlin v. Walker, et al. nuisance LOLsuit was Aaron’s claim that Kimberlin tried to frame him for the assault. Aaron won that suit. Thus, Kimberlin is also barred from making this assault claim by res judicata.

2. Kimberlin also claimed in Kimberlin v. Walker, et al. and in Kimberlin v. National Bloggers Club, et al. (II) that Aaron defamed him when Aaron told his side of the story of his firing after Kimberlin contacted his employer. Brett lost both suits. That’s a double helping of res judicata. Also, Brett spun his tale of how Aaron’s firing allegedly occurred by selectively publishing emails obtained in sealed discovery.

3. Frivolous criminal charges? There’s photographic evidence, some of which was published on Breitbart Unmasked, that documents Kimberlin’s stalking of Mrs. Walker. Also, not every lawsuit filed against Kimberlin has been dismissed. The Walker v. Kimberlin, et al. suit is alive and well and is headed for a motions hearing on the 10th. A five year campaign? 2016 – 2012 = 4.

4. Aaron Walker has never prepared a motion or other court paper that I have submitted to any court.

5. Brett sued Aaron for defamation concerning what Aaron wrote about pedophilia and terrorism, and Brett lost.

6. What documents? When has Aaron ever lied under oath? Put up or shut up.

7. Tetyana Kimberlin sought help during her domestic problems with her husband in 2013. Aaron offered her pro bono assistance until Zoa Barnes was hired as her attorney. The false claim that Aaron has harassed Tetyana’s older daughter was examined by the Montgomery County State’s Attorney’s Office when the Grace’s Law charge was filed last year. They dropped the charge for lack of evidence.

I’m an engineer not a lawyer. “Misstating the facts” is lawyer speak for what we engineers call lying. Brett Kimberlin is a liar.

* * * * *

I should clarify point 4 above. It was true at the time I wrote the original post. Subsequently, I hired Aaron to represent me in a matter before the Fourth Circuit Court of Appeals. He filed several motions and other papers on my behalf in the course of his winning the case for me.

Team Kimberlin Post of the Day


It was just a year ago today that Brett Kimberlin lost yet another court case as reported in this TKPOTD.

* * * * *

Note: This post was originally set for 12:02 am ET on the 4th, but I’m putting it up a few hours early.

Back in 2018, Brett Kimberlin filed a civil case in the Southern District of Indiana seeking to vacate some of his convictions related to the Speedway Bombings. Last Friday, Judge Tanya Walton Pratt denied his petition. Eugene Volokh has some commentary here.

I’ve included the judge’s order below. She quotes Kimberlin as having claimed:

For example, because these convictions bear on the issue of fraud, Petitioner is unable to apply for or receive government grants

Oh, really?

Isn’t the petitioner the same Brett Kimberlin who claimed that my codefendants and I in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit had interfered in his relationship with the State Department and its International Visitor Leadership Program? Yes, it is, but if you look very carefully at his filings in his LOLsuits against me, he never explicitly claims that either Justice Through Music Project or he was an actual State Department contractor, and when I filed a FOIA request for the any contracting details, the State Department said they had nothing on record.

Hmmmm.

Oh, one more thing … Kimberlin was represented by counsel in this case. Perhaps he’s been taught a lesson about his pro se skills.

* * * * *

Here’s another quote from that order:

But because he has been convicted of multiple felonies in separate trials, including a 1974 perjury conviction in this Court, Case No. IP 73-cr-132, and the 1979 conspiracy to distribute marijuana conviction in Texas, (as referenced in Kimberlin, 805 F.2d at 225), neither of which are at issue here, a successful challenge to any one conviction will not relieve him of these impediments. See United States v. Keane, 852 F.2d 199, 205 (7th Cir. 1988) (“a single felony conviction supports any civil disabilities and reputational injury [a convicted felon] may have to endure”).

The only person who ruined Brett Kimberlin’s reputation was Brett Kimberlin.

Team Kimberlin Post of the Day


This is one of the earliest episodes of Blognet. It first appeared seven years ago today.

* * * * *

MUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. Strange documents are being filed in court cases against bloggers. They seem to be forgeries. Your job … expose them.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual crime. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end. From crime to punishment. Blognet is the story of the good guys in action.

MUSIC: Up and out.

SOUND: Footsteps in corridor.

FRIDAY: It was Saturday, January 11th. It was sunny and cold in Westminster. We were working the day watch out of Internet Detail. My partner’s Liz Smith. The boss is Twitter Town Sheriff, W. J. J. Hoge. My name’s Friday. It was 6:58 am when I got to the office that morning. Continue reading

Team Kimberlin Post of the Day


This episode of Blognet is from six years ago today.

* * * * *

BlognetTitleCardMUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A blogger has been hauled into court and claims to have been subjected to harassment by means of what he says is an illegally obtained peace order. He claims that false testimony was used for the peace order. Your job … investigate.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out. Continue reading

Team Kimberlin Post of the Day


This episode of Yours Truly, Johnny Atsign first ran three years ago today.

* * * * *

ANNOUNCER: From Westminster, it’s time for —

SOUND: Skype rings once. Receiver picked up.

JOHNNY: Johnny Atsign.

CLIENT: (Telephone Filter) Hi, Johnny. I just called to say “Thanks” for that report.

JOHNNY: You’re welcome. I hope it’s useful.

CLIENT: (Telephone Filter) Things haven’t finished timing out yet, but it won’t be long.

JOHNNY: OK. Let me know if you need anything else.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

District Court Enjoins Deportation Ban


The temporary injunction on Joe Xiden’s 100-day pause in deportations of criminal aliens was set to expire yesterday, but U.S. District Judge Drew Tipton issued the preliminary injunction sought by Texas, indefinitely extending the injunction. This isn’t the first time a district judge has issued a nationwide injunction relating to immigration policy. The Democrats went forum shopping to Hawaii to find a judge willing to put a monkey wrench in the ban travel from seven hostile and terror ridden countries.

The Gentle Reader should not be surprised if the usual suspects on the Left suddenly begin a bit more suspicious of judicial activism.

BTW, Marvin was unavailable for comment.

IANAL, But …


I have successfully defended my writing here at Hogewash! and related public comments from eight lawsuits alleging defamation, five as a pro se defendant. Only one of those cases made it all the way to trial, and my codefendants and I were granted a directed verdict because the plaintiff did not meet his burden to prove what we had written and said was false. If I properly understand what my lawyers have told me, truth is an absolute defense to a defamation claim everywhere in the U. S., but there are some jurisdictions that place a particular burden on a defamation plaintiff to proof the offending remarks are false. Maryland is one. It looks to me that the District of Columbia is another.

The burden of proving falsity rests squarely on the plaintiff. He or she must demonstrate either that the statement is factual and untrue, or an opinion based implicitly on facts that are untrue. Lane v. Random House, Inc., 985 F.Supp. 141, 151 (D.D.C. 1995)

Dominion Systems is suing Sidney Powell and Rudy Giuliani for defamation in DC. It will be interesting to see how they prove what the defendants have said is false.

Team Kimberlin Post of the Day


Lies upon top of lies—that has been Team Kimberlin’s modus operandi. This Prevarication Du Jour from is years ago today is example of how one of Kimberlin’s PR flacks tried to spin on for the Team.

* * * * *

@weltschmerz2015|201502122211ZFirst, Roy Schmalfeldt is real, and it’s his turn to buy lunch next time.

Second, Kimberlin did go after Roy Schmalfeldt in his opposition to Stacy McCain’s motion to dismiss. Here the top portion of Exhibit E from that opposition.ECF 259-ExEThe Cabin Boy™ may be an even worse liar than The Dread Pro-Se Kimberlin.

* * * * *

The Truth never seems to be on Bill Schmalfeldt’s side. He sued Cousin Roy for defamation and wound up dismissing the case with prejudice (on his own!) which effectively was an admission that his case lacked merit. He can never sue Roy again over Roy’s allegation that Bill Schmalfeldt is a rapist.

Team Kimberlin Post of the Day


Here’s the TKPOTD from six years ago today.

* * * * *

Murum aries attigit.

* * * * *

That Latin phrase which means “the ram has touched the wall” describes my philosophy in dealing with Team Kimberlin. It’s driven from this passage from Julius Caesar De Bello Gallico:

Ad haec Caesar respondit: se magis consuetudine sua quam merito eorum civitatem conservaturum, si prius quam murum aries attigisset se dedidissent; sed deditionis nullam esse condicionem nisi armis traditis. Se id quod in Nerviis fecisset facturum finitimisque imperaturum ne quam dediticiis populi Romani iniuriam inferrent.

To these things Caesar replied, “That he, in accordance with his custom, rather than owing to their desert, should spare the state, if they should surrender themselves before the ram should touch the wall; but that there was no condition of surrender, except upon their arms being delivered up; that he should do to them that which he had done in the case of the Nervii, and would command their neighbors not to offer any injury to those who had surrendered to the Roman people.”

One of the commenters to the original post asked when the ram touched the wall. I replied:

The ram touched the wall with Kimberlin when he failed to withdraw the state lawsuit and I had to file a motion to dismiss. That was in October, 2013.

The ram touched the wall with Schmalfeldt when he failed to modify his behavior to take advantage of my conditional offer to drop my peace order petition in August, 2014.

“Murum aries attigit” isn’t a decree so much as a statement of historical fact.

I’m not done with them yet.

Click on the image of the mug to buy one at The Hogewash Store.

Team Kimberlin Post of the Day


Given all the problems Brett Kimberlin has had using the mail to serve court papers, it was occasionally suggested that our modern postal system confused and frightened  him. The TKPOTD from four years ago today outlined one of his many failures will using the mail.

* * * * *

The Dread Pro-Se Kimberlin sent me a copy of something he appears to be filing with the court in the Hoge v. Kimberlin, et al. lawsuit. Here’s his certificate of service for the filing.cos20170208

Here’s the envelope I received containing my copy of the filing.envelope20170206There is insufficient postage for certified mail even without return receipt. That may explain why there was no green card attached.

* * * * *

Maybe the world would have been a better place if the Parole Commission had left him on ice.

Team Kimberlin Post of the Day


Brett Kimberlin’s first felony conviction was for perjury, but he also was convicted of attempting to forge DoD driver’s licenses and impersonating a federal officer. He not the only member of Team Kimberlin with A History of Fakery as this post from six years ago shows.

* * * * *

Bill Schmalfeldt has a long history of faking images and documents. I won’t republish the obscene homoerotic images he created of me that have been placed under court seal, but I will link back to this post which demonstrates one of his forgeries.

BTW, the Cabin Boy was shrewd enough to use a university yearbook photo for one of those pornographic images, but he wasn’t smart enough to check how old I was when I matriculated. I was 17.

* * * * *

Actual child porn?

Hmmmm.

Team Kimberlin Post of the Day


Yesterday’s TKPOTD dealt with Brett Kimberlin getting mentioned on the Interwebz three years ago in connection with other Democrat operatives involved in the Russian Collusion Hoax. Today, we look back on the reaction to that post from Kimberlin’s principal PR flack Bill Schmalfeldt. Here’s the TKPOTD from three years ago today.

* * * * *

The Cabin Boy™ continues to demonstrate his substandard reading comprehension. He attempted to submit this comment yesterday evening.His comment is response to this comment by Paul Krendler which does not appear to have anything to do with President Trump.

Did he have to cheat to get that C- on the English as a Second Language Test?

UPDATE—After I prepared this post, the Cabin Boy™ further beclowned himself with these additional attempted comments—

* * * * *

I also took the opportunity to engage in a bit of pointage, laughery, and mockification with this episode of Blogsmoke.

* * * * *

SOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICOCHET

MUSIC: UP AND UNDER—RECORDED—CUT 1

ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!

MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2

ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)

JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.

MUSIC: MAIN TITLE—RECORDED—CUT 3 Continue reading

Team Kimberlin Post of the Day


Brett Kimberlin has been associated with shady Democratic Party operatives at least since 1988 when he first lied about being Dan Quayle’s dope dealer. One of those connections surfaced during coverage of the Russian Collusion Hoax and was the subject of the TKPOTD for three years ago today.

* * * * *

After years of frivolous litigation involving multiple LOLsuits (I’ve been a defendant in four of ’em and a bogus peace order petition), The Dread Deadbeat Pro-Se Kimberlin’s campaign of brass knuckles reputation management has been singularly unsuccessful. And now his name is back in the news because of his association with Cody Shearer, the creator of the anti-Trump “Dossier No. 2.”

J. E. Dyer writes about the Shearer/Kimberlin connection in a post over at Liberty Unyielding.

Shearer, besides being a major piece of work in general, played a key role during the George H.W. Bush years, and the first Clinton campaign for the 1992 election, in hyping Brett Kimberlin’s claim that he (Kimberlin) had sold pot to then-Vice President Dan Quayle, years before when Quayle was younger.  Shearer had known Kimberlin for years, in other words, and used his (Shearer’s) journalistic pulpit to retail a politicized narrativeon Kimberlin’s behalf.

But although BuzzFeed and Daily Caller both cite unnamed sources affirming Kimberlin’s marginal role in the “Russia” narrative assembled separately in 2016 (again, Kimberlin denies it), what really completes the circle is Cody Shearer’s membership in the Shearer family, whose ties to the Clintons, including his own, could hardly be closer.

Read the whole thing. And also checkout this post over at The Weekly Standard.

* * * * *

The Weekly Standard is no more, but that link is still active; the post has been achieved by the Washington Examiner.

Given the way Kimberlin’s activities went silent just before the election, one wonders if he’s been told that he’s outlived his usefulness.

Team Kimberlin Post of the Day


This episode of Blogsmoke is from seven years ago today.

* * * * *

Blogsmoke

SOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICHOCHET

MUSIC: UP AND UNDER—RECORDED—CUT 1

ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!

MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2

ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)

JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.

MUSIC: MAIN TITLE—RECORDED—CUT 3 Continue reading

Team Kimberlin Post of the Day


This episode of Yours Truly, Johnny Atsign first appeared three years ago today.

* * * * *

ANNOUNCER: From Westminster, it’s time for —

SOUND: Skype rings once. Receiver picked up.

JOHNNY: Johnny Atsign.

RULE 5 GIRL: (Telephone Filter) Good morning, Johnny.

JOHNNY: Well, hello!

RULE 5 GIRL: (Telephone Filter) Did you follow The Grouch’s antics over the weekend?

JOHNNY: Nope. I went fishing. What’s up?

RULE 5 GIRL: (Telephone Filter) He’s threatening to file another LOLsuit.

JOHNNY: Good. That will make my life easier.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

Team Kimberlin Post of the Day


One of the things that would have been more amusing if I hadn’t been a defendant in The Dread Deadbeat Pro Se Kimberlin’s LOLsuit were the crackpot legal theories advanced in support of his cases. The TKPOTD from seven years ago dealt with one of his wacko legal ideas.

* * * * *

In their latest attempt to find a legal theory that might save The Dread Pro-Se Kimberlin’s frivolous and vexatious lawsuits, Team Kimberlin has sent the Cabin Boy™ out to float the idea that res judicata applies as to whether or not TDPK is a public figure. Schmalfeldt has posted a clip (No, I won’t link to it.) from the docket of the Kimberlin v. Allen suit which shows that Judge Quirk ruled against Seth Allen’s motion to declare Kimberlin a public figure. Res judicata to the rescue!

Au contraire. Take a look at this more complete bit of the record.BK v Allen 119:140Docket Number 140 is the record of the judge’s ruling on Docket Number 119. Docket Number 119 was Seth Allen’s motion.

Here’s why that’s important: Res judicata applies when the same matter is brought up a second time in litigation between the same parties. Thus, Seth Allen is no longer allowed to argue in court that Brett Kimberlin was public figure before February, 2012. Anyone else can, and Mr. Allen can still argue that TDPK may have become one since then.

There’s a long string of case law supporting the principle that someone who is convicted of an infamous crime becomes a public figure. I argue that Brett Kimberlin, who is, after all, a convicted serial bomber with dozens of other felony convictions, is a public figure just like other convicted serial bombers—like Ted Kaczynski (“The Unibomber”), for instance.

They must be working overtime at Acme Law.

res_judicata_long_sleeve_tshirtUPDATE—Res Judicata t-shirts, coffee mugs, and other goodies are available at The Hogewash Store.

Stop by today and spend some of your hard earned cash in support of Team Lickspittle.

* * * * *

It turned out that res judicata did matter in most of TDPK’s LOLsuits. It wound up being one of the bases for dismissal for failure to state a claim upon which relief could be granted in most of them.

Team Kimberlin Post of the Day


Brett Kimberlin’s campaign of brass knuckles reputation management began with a defamation lawsuit against a progressive blogger who wrote about the potential damage someone with Kimberlin’s reputation might have on the progressive cause. Pro free speech lawyers from all across the political spectrum provided support for that blogger, and Kimberlin made the mistake of trying to dox one to them. The resulting fallout from that doxing led to Everybody Blog About Brett Kimberlin Day and further legal wrangling.

Kimberlin didn’t have the good sense to cut his losses. He filed multiple defamation suits, and I was named as a defendant in four of them. One of my defenses was a claim that Kimberlin’s reputation was so bad because of his criminal record that he was defamation-proof, and I was not the only defendant to raise that claim. The TKPOTD from seven years ago today quoted from a motion to dismiss filed by other defendants.

* * * * *

RICOMadnessThe motion to dismiss filed by Michael Smith on behalf of Defendant Michelle Malkin and Non-Party Twitchy in the Kimberlin v. The Universe, et al. RICO Madness is a nice bit of legal writing. Here are a couple of excerpts.

In Cardillo v. Doubleday, Inc., 518 F.2d 638 (2d Cir. 1975), plaintiff sued for libel the authors and publisher of a book, My Life in the Mafia. Affirming the grant of summary judgment in defendants’ favor, the Second Circuit recounted plaintiff’s extensive background of securities fraud, bail jumping, receiving stolen property, and other wrongdoing, and found as a matter of law that he was libel-proof, i.e. “so unlikely by virtue of his life as a habitual criminal to be able to recover anything other than nominal damages as to warrant dismissal of the case, involving as it does First Amendment considerations.” 518 F.3d at 639-640 (citations omitted). …

The libel-proof plaintiff doctrine warrants dismissal of the defamation count, since Mr. Kimberlin’s lengthy record renders him even less reputable than the plaintiffs in the above cases. As lengthy as Cardillo’s record was, he doesn’t appear ever to have conspired with intent to distribute 10,000 pounds of marijuana loaded onto a Colombian airplane, or illegally possessed and/or used the seal of the President of the United States or Department of Defense insignia, or impersonated a federal officer, or received explosives as a convicted felon. Kimberlin v. Dewalt, 12 F. Supp. 2d 487, 489-490 (D. Md. 1998). Cardillo was not a convicted perjurer. United States v. Kimberlin, 483 F. Supp. 350 (S.D. Ind. 1979). He never conducted a bombing spree in which an innocent couple leaving a high- school football game were permanently injured and maimed, and then, after one victim eventually committed suicide, sued the surviving widow. Kimberlin, 12 F. Supp. 2d at 490 (citation omitted). Simply put, even if Mr. Kimberlin’s complaint allegations were true, and even disregarding his failure to describe with particularity the defamatory statements he attributes to Mrs. Malkin, FAC [First Amended Complaint] ¶¶ 80-81, 99, nothing she (or any defendant) wrote could possibly lower his public standing further than the subterranean level to which his own depraved conduct has taken it.

Just so.

* * * * *

And eventually, one judge agreed. A court has now found that Kimberlin is defamation-proof.

Team Kimberlin Post of the Day


One of the more puzzling aspects of dealing with Brett Kimberlin is his clumsy lying. This Prevarication Du Jour dealt with one of the lies he told in a court filing which included an exhibit that proved his claim was false. It ran seven years ago today.

* * * * *

The Dread Pro-Se Kimberlin has filed a motion for a preliminary injunction in the vexatious Kimberlin v. Walker, et al. lawsuit that would require Hogewash! to take down all posts mentioning him that have appeared since 7 July, 2013. Such injunctions are usually not allowed because of the First Amendment.

True to form, the motion he filed seeking the injunction is full of … is full of … of … well, let’s just say there’s a lot of misleading bullshit in it. Consider this bit of nonsense from the end of paragraph 9.BK M4PI-9

His Exhibit E is a page from this, a certified copy of the Application for Statement of Charges and the Statement of Charges in Maryland v. Brett Kimberlin. Given that a Court Clerk won’t give out copies of sealed documents (let alone certify them), you can bet that I obtained the document properly back in October, 2013. The record was only sealed about a month ago. Thus, what I have posted is a legally obtained public document which can be published. All sealing after the fact does is prevent other persons from obtaining further copies from the Court. Meanwhile, the certified record I posted is in the public domain.

The document I published was not under seal. OTOH, Kimberlin has included documents that are still under seal in one of his recent filings in the Kimberlin v. The Universe, et al. RICO Madness. Exhibits O, Q, S, T, U, V, W, and X in Plaintiff’s Response to Defendant Hoge and Walker’s Motions to Dismiss are sealed documents obtained during discovery in the Virginia Walker v. Kimberlin, et al. lawsuit. They are still under seal. If TDPK really needs them as evidence in the RICO Madness, he should have applied to the court in Virginia to have them unsealed for that purpose. Putting those exhibits in an unsealed court filing is a form of publication.

So let’s get this straight. When I publish a freely available document that is sealed months later, that’s bad. When TDPK publishes documents that he knows are sealed at the time, that’s OK.

Uh, huh.

Ain’t buyin’ it.

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Kimberlin leaked sealed documents from one case to Bill Schmalfeldt for publication at Breitbart Unmasked. He tried to get the protective order in the Frey case loosened so that he could use sealed discovery in other cases and so he could get them published online. When he tried to use some of the Frey documents in the Hoge v. Kimberlin, et al. trial, Judge Hecker told him that he wouldn’t prevent Kimberlin from using them, but that he couldn’t guarantee that Judge Hazel (the judge in the Frey) wouldn’t hold him in contempt for do so. Kimberlin chickened out.

Team Kimberlin Post of the Day


One of the recurring features related to Team Kimberlin has been posts titled Prevarication Du Jour. The post were usually about one of stupid lies being spun by Bill Schmalfeldt, but a few dealt with the utterances of The Dread Deadbeat Perjurer Kimberlin. The PDJ for seven years ago today was one of those.

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In October, 2010, The Dread Pro-Se Kimberlin filed a bar complaint against my RICO codefendant Patrick Frey. (Patterico is a lawyer and serves as a Deputy DA in Los Angeles County, California.) In that complaint TDPK cites a section of a California government Guide to Employee Conduct and Discipline. The boldface type is in TDPK’s original complaint.

Section ( w ) prohibits “[u]nlawful discrimination, including harassment, on the basis of race, religious creed, color, national origin, ancestry, disability, marital status, sex, or age, against the public or other employees while acting in the capacity of a State employee. Covers all acts of unlawful discrimination and harassment by an employee against a member of a protected gtoup, under the auspices of State employment. Acts could be against employees or members of the public.” I am considered as having a disability because of my status as a felon. I have not committed any crime for more than 31 years and have worked hard to be an outstanding member of societysince my release from prison many years ago. Yet Mr. Frey is using his hate blog to harass, bully, defame, investigate and stalk me, with the intent to cause violence against me and ruin my ability to earn a living. He is taking advantage of my disability to target me, and using his official position as a Deputy District Attorney to give credibility to his savage attacks against me.

I’m not making that up. TDPK claimed that he is disabled because of his felony convictions. Of course, there are certain legal “disabilities” that come with being a felon. Felons can’t possess firearms. They can’t vote in some states. But those are not the kind of disabilities mentioned in regulations or laws such as the Americans with Disabilities Act.

The comment section is open for mockery.

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That kind of stupidity is a mental and moral handicap. IANAL, but I’m pretty sure that it isn’t a disability in any legal sense. Of course, Kimberlin’s stupidity have often led him into both civil and criminal legal problems.

Team Kimberlin Post of the Day


Back in 2013, Bill Schmalfeldt put out a series of threats to engage in harassment of various bloggers families. Because the Cabin Boy™ had already been harassing families with small children, my Son (who was in his 20s at the time) suggested that Schmalfeldt should try to come after him rather than a picking on little kids. That cased one of the all-time record Feltdowns on Twitter to which I responded with post titled Cabin Boy #BillSchmalfeldt Takes the Bait, Again. It ran eight years ago today. Extended pointage, laughery, and mockification ensued.

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I’ve been fortunate that Cabin Boy Bill Schmalfeldt’s attempts at harassing me have been so inept that they actually have been a source of bemused amusement. That hasn’t been the case for other targets such as Stacy McCain or Lee Stranahan. They have been the recipients of massive trolling and harassment directed not only at them but also at their families.

When CBBS has started up on me, I’ve generally let him roll for a while before making some tangentially related comment. He and his buddies and sock puppets will, without fail, jump on that comment. I’ll let them go on for an hour or so and then tweet that they’ve taken the bait. The trolling ends within minutes.

My son read a tweet by CBBS yesterday that implied that he intended to engage in some more cyberbullying of his previous targets. Given that some of those families have young children, my son decided to put himself in between the bully and the little kids.

CBBS took the bait.

He has been going on about being murdered by my son. Of course, Will has never threatened Bill Schmalfeldt. If his guest post had contained any threat, it would never have been on Hogewash!—this blog does not engage in threats, and any threats received are immediately reported to law enforcement.

One rather silly thing that CBBS has done is to put up a poorly altered version of the photo Will posted of himself, replacing Will’s head with Porky Pig’s. (No, I won’t link to it.) Will’s reaction: “What do you expect from a Loonie Toon?”

Hmmmm. Perhaps, CBBS should be more afraid of Judge Doom and The Dip.

For now … That’s all, folks!

UPDATE—Bill Schmalfeldt appears to want to further beclown himself with his unhinged rants about my son and me. That’s fine by us. Neither of us cares what a foolish fellow with diminishingly small credibility has to say about us. More important, every effort he expends spinning his wheels trying to get our attention is energy he doesn’t spend harassing others. That’s a win-win for Will and me.

Have at it with your BS, BS.

FINAL UPDATE—ROFL. Black Betty included a link to this picture in her comment below. I’m posting it here in order to save the Gentle Reader a mouse click. As I type this, CBBS and Breitbart Unmasked are wasting bandwidth with potty-mouthed tweets about Will and me. Good. It keeps them off of someone else’s back.ThecrewBill Schmalfeldt has filed a DMCA takedown notice on the original parody image. This will have to do for now:thecrew2

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That was the first of several false DMCA claims by Schmalfeldt, none of which worked out well for him.

Team Kimberlin Post of the Day


This episode of Blognet first ran two years ago today.

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NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. An cyberbully can’t handle satirical pushback and has filed a DMCA takedown notice of parody image incorporating his face. The parody appears to be protected by the Fair Use doctrine. Your job … get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out. Continue reading