Team Kimberlin Post of the Day

It was eight years ago today that I was able to publish this post In Re Schmalfeldt v. Hoge.

* * * * *

The Maryland Court of Appeals has denied Bill Schmalfeldt’s petition for a writ of certiorari. This leaves the peace order issued against him in place.

* * * * *

And so with the able assistance of my lawyer Zoa Barnes I was able to be the first of several people to hold the Cabin Boy™ responsible for his cyberthuggery.

Team Kimberlin Post of the Day

We hit the jackpot today with filings in Brett Kimberlin’s case in the Seventh Circuit Court of Appeals seeking to overturn some of his Speedway Bombing convictions. There are four of ’em.

The first is his reply brief to the the Department of Justice opposition brief.

The second is a motion asking the court to appoint a freebie lawyer to handle oral argument in the case.

The third is a motion asking for a freebie lawyer to file an amicus brief supporting Kimberlin’s arguments about testimony from witnesses who had been hypnotized.

The four is a motion seeking to combine the current appeal with another he is trying to file, and there are a couple of docket entries for the new case. It seeks to attack some of the Speedway Bomber convictions because four-decade old hair samples are not available for DNA testing.

The first docket entry in the DNA case is the paperwork filed with the District Court giving notice of the appeal. The second is a notice from the Court of Appeals saying the District Court reports the filing fees haven’t been paid (although Kimberlin’s letter to the District Clerk say the funds are enclosed), and that the case may be dismissed if he doesn’t pay up or qualify for pauper status.

Unless the court grants the motion for an amicus brief or combines the appeals, the case is fully briefed, and the next move belongs to the judges hearing the appeal.

BTW, If Kimberlin’s arguments concerning the testimony of hypnotized witnesses had any legal merit, shouldn’t some defendants’ rights lawyer have filed an amicus brief already?

Team Kimberlin Post of the Day

While Team Kimberlin’s PR flacks spent a plenty of pixels forecasting the direst of dire direness for us defendants in their various LOLsuits, my coverage of their lawfare has been fact based. Oh, I’ve offered my opinions that they would fail, and I’ve noted some interesting side benefits for the ways they’ve failed. The TKPOTD for seven years ago noted one of those consequences.

* * * * *

The Dread Pro-Se Kimberlin watched his Kimberlin v. Walker, et al. nuisance lawsuit fall apart in state court. Five of his seven counts were shot down in summary judgment. What that means is that, given the undisputed facts agreed to by both sides, he had no case as a matter of law. The other two counts were so unsupported by facts that the judge stopped the trial after TDPK rested his case and granted us defendants a directed verdict.

I’ve written in the past about how the results of the state case should affect the Kimberlin v. The Universe, et al. RICO Madness through the doctrine of collateral estoppel. However, the directed verdict in the state trial has caused another problem for TDPK. Because we never had to put on our defense, he has no idea what we would have presented. He is completely in the the dark about the nature, depth, and quality of the evidence we amassed. He has no idea what insights our investigations have given us. He has no idea what leads we are prepared to follow up if the RICO Madness gets into discovery. He has no idea who we intend to depose. He has no idea what documents we already possess.

popcorn4bkIf TDPK had a clue, he’d be filing a motion to dismiss the RICO suit against all the defendants. I sincerely doubt that his ego will allow him to do the wise thing. I fully expect that he will ride the RICO Madness down in flames. I also expect that Hogewash! will chronicle the crash.

Stay tuned.

* * * * *

He still has no idea of the scope of the evidence my codefendants and I have. It would be very unwise for Brett Kimberlin to ever cause me to have to defend another suit.

Team Kimberlin Post of the Day

The TKPOTD for five years ago today cites one the false narratives that Brett Kimberlin tried to sell during his campaign of lawfare—that he had received some sort of double secret exoneration related to his Speedway Bombing convictions that was accompanied by a settlement from the government for his “false” imprisonment. His attempts to bring that narrative into the Walker v. Kimberlin, et al. trial provoked the judge and probably resulted in the closest shave Kimberlin had with being punished for his misbehavior in court.

* * * * *

The Dread Pro-Se Kimberlin tried to bring up his double secret exoneration during the Walker v. Kimberlin, et al. trial. He tried to claim that he has successfully sued the federal government for false imprisonment and has used part of the settlement for the initial funding of Justice Through Music Project.

MR. KIMBERLIN: The settlement that I received from the Department of Justice —

MR. WALKER: Objection.

THE COURT: [Addressing the Jury] Ladies and gentlemen, if you’ll please wait outside for just a moment.

Jury Exits.

THE COURT: I have told you twice now we are not retrying that case, and we are not getting into any collateral action you may have brought against the federal government about your conviction in that case. The relevance of that conviction, it was only offered to show why he refers to you as a terrorist, why he’s perhaps obsessed with you [unintelligible] nature of that offense, and I would have permitted him to introduce it if you hadn’t because you sat here and told the jury that you had never been convicted of anything he had blogged about. That is the only reason that it is being admitted. We are not retrying that case. I do not want you to go into it in any more detail. —

MR. KIMBERLIN: I —

THE COURT: — I do not want talk about any collateral civil suit thereafter, ah, sued the federal government for false imprisonment. And I’ve told you that twice. If you do it again, I will find you in contempt.

MR. KIMBERLIN: Well, the reason I was talking about the settlement from that case was partially used to start Justice Through Music.

THE COURT: It makes absolutely no difference and has no relevance to this particular case —

MR. KIMBERLIN: Well, —

THE COURT: — how you started and how you funded Justice Through Music.

MR. KIMBERLIN: Alright, I won’t talk about it anymore.

THE COURT: Get the jury back in.

FWIW, Justice Through Music Project was founded in 2003. The JTMP 2005 Form 990 Schedule A shows that the corporation had no income that year and took in $121,450 in 2004.

Here are the cases styled Kimberlin v. U.S. Department of Justice that are reported cases (all have other citations at lower court levels)—

Kimberlin v. U.S. Dept. of Justice, 788 F.2d 434 (7th Cir. 1986) was a bogus Privacy Act claim aimed at keeping Carl DeLong’s widow from collecting funds from his prison commissary.

Kimberlin v. U.S. Dept. of Justice, 921 F.Supp. 833 (D.D.C. 1996) involved a FOIA request for DEA documents about Dan Quayle.

Kimberlin v. U.S. Dept. of Justice, 139 F.3d 944 (D.C. Cir. 1998) was an FOIA request remanded back to the District Court.

Kimberlin, et al. v. U.S. Dept. of Justice, 318 F.3d 228 (D.C. Cir. 2003) was his unsuccessful LOLsuit seeking to be able to possess an electric guitar while in prison.

None of these seem to represent a double secret exoneration.

* * * * *

If Kimberlin’s double secret exoneration really exists, why is he having to press his appeal in the Seventh Circuit to have part of his Speedway Bombing convictions set aside. Perhaps he will explain that in his reply brief due this Friday.

Stay tuned.

Team Kimberlin Post of the Day

Over the years, I’ve lost count of the times Team Kimberlin has forecast the direst of dire direness would befall me in court. Eight years ago today, Bill Schmalfeldt’s motion to modify the peace order issued against him was denied, and I published this post about his False Prophecies.

* * * * *

Bill Schmalfeldt is a false prophet, or perhaps I should say he has a rather poor record of predicting my future.prophecy1As Judge Stansfield told him, the things already decided by the Court weren’t up for review in a motions hearing. Res judicata and all that. And the 24 alleged perjuries in my lawyers answers to his motion were never discussed. My disagreement with his point of view did not constitute perjury, and, even if it did, it wasn’t relevant to his motion.prophecy2Schmalfeldt seems to be confused about the relationship between civil torts and crimes. There was essentially no chance of my being arrested today.prophecy3I pointed out in an earlier post that I already have a nice pair of Smith & Wesson Stainless handcuffs left over from previous employment. I really do. I found this old picture of them.cuffsUPDATE—To answer inquiries, it’s a Colt Detective Special (Third Model).

* * * * *

BTW, that peace orders was the first of dozen restraining order the Cabin Boy™ collected in five states.

Team Kimberlin Post of the Day

Brett Kimberlin has another appeal in process at the Seventh Circuit Court of Appeals seeking to have some of his Speedway Bombing convictions set aside. He has a reply brief due next week. Thus far, he’s maintained a perfect record of failure in the Seventh Circuit. The TKPOTD for eight years ago today dealt with his first appeal to that court.

* * * * *

Brett Kimberlin is rarely at a loss for words, especially when he’s writing a court document. His complaint in the Kimberlin v. Walker, et. al. lawsuit is 27 pages long. That’s not close to the record. Mark Singer tells this story at the start of Chapter 23 in Citizen K:

In February 1984, a 273-page appellant’s brief in the matters of U.S. v. Kimberlin was delivered to the clerk of the United States Court of Appeals for the Seventh Circuit. Several cases titled U.S. v. Kimberlin—all the convictions from the 1979 indictment in Indiana, as well as motions for new trials—had been consolidated into a single appeal, which sagged under the burden of the disparate factual and constitutional complexities the petitioner wished to address. This hernia-inducing brief grossly overshot the fifty-page maximum length permitted by the court, and it was rejected by the senior staff attorney of the Seventh Circuit without receiving even a cursory reading.

Brett Kimberlin is no stranger to poorly-written, technically deficient court paperwork.

* * * * *

The pool calendar for the date the court denies Kimberlin’s appeal is posted in the break area.

Team Kimberlin Post of the Day

The Gentle Reader who has been following The Saga of Team Kimberlin for several years may remember that one of Brett Kimberlin’s failed attempts at being seen as an important player was his involvement in the Russia Collusion Hoax. He’s since tried to scrub the Internet of his connections to that scam. For example russiadossier dot org has been gone for almost two years now.But it’s well backed up offline, as is his 2016 testimony about working with the Justice Department on election integrity. And the Internet still remembers his spending $9,000 on fake documents sought to smear a Trump appointee.

If he’s lucky, he’ll be treated as the small fish he really is.

Nothing to See Here. Move Along.

White House National Security Advisor Jake Sullivan is a potential target of Special Counsel John Durham’s Russia Collusion Hoax investigation. Sullivan’s wife Maggie Goodlander clerked for Attorney General Merrick Garland when Garland was a federal judge.

Team Kimberlin Post of the Day

This episode of Blognet first ran five 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. An notorious anti-First-Amendment activist has included a suspicious document in a court filing. 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

Nothing to See Here. Move Along.

Attorney General Merrick Garland has directed the FBI to investigate parents who are opposing the teaching of Critical Race Theory in their children’s schools. It is reported that Garland’s son-in-law is the co-founder of a company which sells CRT instructional materials to school districts.

Team Kimberlin Post of the Day

Bret Kimberlin filed a motion seeking an extension of time to file his reply brief in his case before the Seventh Circuit Court of Appeals. He’s seeking to have some of his Speedway Bombing convictions set aside. The court has granted his motion.

Kimberlin has an extensive history of lying about dates of service of process, but if the dates on his motion is correct, it took 11 days (23 Sep to 4 Oct) for the USPS to take his paperwork from Maryland and deliver it to the court. If he’s not lying about those dates and he’s going rely on First Class Mail again, he better have his reply on its way by the 11th.

Tick, tick, tick, tick, …

Team Kimberlin Post of the Day

Brett Kimberlin’s reply brief to the Department of Justice opposition brief in his appeal seeking to have some of his Speedway Bombing convictions set aside was due at the Seventh Circuit Court of Appeals yesterday. He did not file one. However, he did fill a request for a 30 day extension of time to file his brief.

He asked for an extension of 30 days but also asked that his time be extended until 22 October, only 18 days past the deadline he missed.

Math is hard.

We’ll see what the court does. Stay tuned.

Team Kimberlin Post of the Day

Brett Kimberlin has an appeal before the Seventh Circuit Court of Appeals attempting to overturn some of his Speedway Bomber convictions. The Department of Justice has filed its brief in opposition to the appeal. If The Dread Deadbeat Pro-Se Kimberlin wishes to file a reply brief, it is due not later than close of business today.

Tick, tick, tick, tick, …

The Rumor Mill

Over the last day or so, I’ve been seeing reports that Special Counsel John Durham has issued some subpoenas to interesting individuals and organizations. This morning, I’m seeing reports that the grand jury he has convened has issued further sealed indictments beyond the one of Michael Sussmann for lying to the FBI.

If Durham intends to prosecute the collusion hoaxers, he needs to secure indictments before the five year statute of limitations for federal crimes runs out. The next few months could be quite interesting.

Stay tuned.

Team Kimberlin Post of the Day

Brett Kimberlin seems desperate to achieve some manner of positive fame. He is, of course, famous, but being known as a convicted serial bomber isn’t the kind of notoriety he wants. The post this clip is taken from first ran nine years ago today under the title Dread Pirate #BrettKimberlin—Man of International Consequence.

* * * * *

Those Gentle Readers who have been with the Saga of The Dread Pirate Kimberlin for lo these many months will know that he had a run in with Aaron Walker in the lobby area outside the 9th floor courtrooms in the Montgomery County Court House back in January. He filed a criminal complaint against Mr. Walker which the State’s Attorney decided wasn’t supported by the evidence. TDPK tried to intervene in the case to force a prosecution.

<mockery>You see, the case was too important to let die. Look at how TDPK began his Motion in Opposition the the State’s Motion to Nolle Pros This Case:

Now comes Victim/Complainant Brett Kimberlin (“Victim”) and hereby opposes the State’s Motion to Nolle Pros this case. In support of this motion, Victim states that this is not simply a run of the mill assault case but rather one that has both national and international ramifications and is being watched by federal law enforcement authorities, State Department contractors, organizations that monitor hate groups, foreign countries with large Muslim populations, and national Muslim and civil rights organizations. There are many aggravating factors present in this case that warrant full prosecution and even consideration of additional charges against Mr. Walker.

Wow! That sure is a heapin’ big burden for a simple assault case to carry. Who knew that Mr. Kimberlin was so important in, for instance, a foreign country with a large Muslim population?

Actually, there are only two of the categories on the list that come close to making any sense. Both of TDPK’s not-for-profits have done work for or funded by the State Department, so they might be the “State Department contractors,” but I wonder what “federal law enforcement authorities” would be following a simple assault case in Maryland. Even if TDPK were still on supervised parole, a parole officer isn’t a LEO.

Hmmmm.

It seems that TDPK may think he’s further up the pecking order than reality would allow.</mockery>

* * * * *

I filed an FIOA request with the State Department about the work he claimed to have done for them. The State Department claims to have no records of any such work by Kimberlin.

Well, he’s also a convicted perjurer, and perjurers have been known to tell lies.

Team Kimberlin Post of the Day

The scheme of pro se lawfare used by Team Kimberlin was the brainchild of Neal Rauhauser. Perhaps because of his outstanding warrants becoming known to various court bailiffs beginning to make visits to courthouse risky, Rauhauser teamed up with a lawyer for his LOLsuit against James McGibney. Even with a lawyer’s assistance, Rauhauser couldn’t win. Three years ago today, that case finally ended, and I was able to report Neal Rauhauser Loses Again.

* * * * *

The Texas Supreme Court has denied Neal Rauhauser’s petition for review of the Appeals Court’s ruling setting aside the $150,000 (originally $1,300,000) sanction he was awarded against James McGibney and ordering him to pay McGibney’s fees and costs instead.

Here’s the order. Scroll down to page 4.

Everything is proceeding as I have foreseen.

UPDATE—Corrected the amount of the sanction and added a link to the Appeals Court ruling.

* * * * *

Loser.

Team Kimberlin Post of the Day

This episode of Blognet first ran seven 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 group of cyberbullies has been operating in support of convicted domestic terrorist by conducting online attacks on bloggers. One of them says he has had enough and is willing to provide information. Your job … vet the information.

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.

SOUND: Footsteps in hallway.

FRIDAY: It was Thursday, August 14th. It was clear and warm 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 3:14 pm when Liz and I returned to Room S-140. Internet Detail. Continue reading

Forget It, Jake. It’s Maryland.

The Washington Free Beacon has a story up headlined Biden Nominee Helped Free Robber, Accused Sex-Trafficker.

President Joe Biden’s nominee to serve as the top federal prosecutor in Maryland helped free a Delaware death row inmate who was subsequently implicated in a sex-trafficking ring and convicted of second degree robbery.

“Erek Barron is the latest example of the Biden administration’s focus on criminal leniency rather than public safety or the rule of law,” Sen. Tom Cotton (R., Ark.) told the Washington Free Beacon. “He would bring to the Maryland United States Attorney’s Office more of the same soft-on-crime approach that has already made Baltimore one of the most dangerous cities in the country, and more innocent people would be victimized as a result.”

Barron is typical of the progressive prosecutors Democrats are elevating across the country. As a member of the Maryland House of Delegates, Barron has pressed for reforms progressive prosecutors champion, like abolishing mandatory minimum sentences for drug crimes and making certain police personnel records available to the public. Republican lawmakers like Cotton say their approach is inappropriate amid spikes in violent crime in certain parts of the country.

He’s from Prince George’s County but should fit right in with what’s happening in Baltimore.

Team Kimberlin Post of the Day

One of the ways Team Kimberlin demonstrated their utter impotence was by the plethora of empty threats they made against me and my coverage of their activities. These posts from eight years ago cite a trifecta of examples. The first came from Bill Schmalfeldt, and my response was “Go Ahead, Make My Day.”

* * * * *

I wonder if he’ll get this published before they fire him again.fsl201309230208Z

* * * * *

When it turned out that the Cabin Boy™ got fired that very day and he wouldn’t have a venue for his exposé, I said, “I’ll Just Have to Wait.”

* * * * *

BL201309231518Z

boyscoutpopcornIt does look like I won’t be seeing that exposé about me in The Examiner any time soon.

The Cabin Boy seems upset with the day’s events. It may be interesting to see how he acts out.BL201309231520ZUPDATE—Stacy McCain weighs in here. Money quote:

Bad things are going to happen to us — Bill says he knows this — but he is “not responsible” for it? Of course, there are those who believe Bill Schmalfeldt is quite literally insane, so in a sense, he isn’t responsible. But I don’t think he meant it that way.

Read the whole thing.

* * * * *

And finally, The Dread Deadbeat Publisher Kimberlin issued his own hollow threat, to which I also replied, “Go Ahead, Make My Day.”

* * * * *

Brietbart Unmasked, who was put on notice to stop contacting me on 15 February, and who continues to do so in violation of Md. Criminal Laws §3-803 and §3-805, sent me the following tweet this evening:BU201309232320Z

Fine. Charge me. I will have a Sixth Amendment right to confront my accuser. That means that if @BreitbartUnmask won’t reveal his identity, the charges get dropped, and if he does reveal his identity, he can rest assured that I will file harassment charges for his continued contact with me.

Perhaps he shouldn’t be getting his legal advice from Acme.

* * * * *

Losers.

Team Kimberlin Post of the Day

As summer slipped into autumn in 2016, the buzz around Washington was about the Russia Collusion Hoax being stirred up by the Clinton Campaign and “Tech Executive-1.” As part of his attempts to appear to be a real player (as opposed to a disposable hack), Brett Kimberlin offered the following testimony under oath in October, 2016, during a Maryland civil trial.Gentle Reader, I find it hard to believe that “Tech Executive-1” was relying on The Deadbeat Protector Kimberlin or his “specialists in cyber hacking.” It may be that they had some small part of the Russia Collusion Hoax, but  was Brett a significant player?

Of course not.