Democracy Dies in Derpness™


WaPo seems to imply that because the Democrats disagree with Trump’s assessment of the election’s integrity, his speech should not be protected under the First Amendment. You’d think that a media outlet such as WaPo would be an ardent defender of the First Amendment and the American principle that the cure for bad/stupid/wrong speech is more speech exposing errors rather than censorship.

OTOH, WaPo’s preferred politicians are running the show for the moment, so they feel safe—and the other side tends to play by our historic rules of press freedom, so WaPo has never been under any serious threat for the government.

Hmmmmm.

Team Kimberlin Post of the Day


Seven years ago today was a busy day here at Hogewash! which resulted in the posting of Team Kimberlin Bonus Post of the Day.

* * * * *

RICOMadnessThe Dread Pro-Se Kimberlin has filed a combined response to the motions to dismiss from Aaron Walker and me in the Kimberlin v. The Universe, et al. RICO Madness.BK_ECF29-14As the Gentle Reader might suspect, that mischaracterizes our arguments. I’ve argued that Brett Kimberlin, a convicted serial bomber, has been convicted of multiple infamous crimes and is, therefore, a public figure in the same sense as other convicted bombers such as Ted Kaczynski or Timothy McVeigh. I believe his reputation (as a perjurer, drug smuggler/wholesaler/dealer, bomber, murder suspect, etc.) is so bad as to render him defamation proof.

Even Bill Schmalfeldt understood that TDPK has a lousy reputation.

Sat Jun 16 22:27:31 +0000 2012, liberalgrouch, 214122056504184832, @Prepostericity If your point is that Kimberlin is a scumbag, I’m way ahead of you on that.  Said so in my blog weeks ago.  I could do

Sat Jun 16 22:28:26 +0000 2012, liberalgrouch, 214122288910577664, @Prepostericity without the condescending bullshit from a fellow blogger, if you don’t mind.  …

#Fail

* * * * *

Eventually, Judge Mason concurred with my argument that Kimberlin was defamation proof when he found that to be one of the reasons why The Dread Deadbeat Pro-Se Kimberlin had failed to state a claim upon which relief could be granted and dismissed the RICO Retread LOLsuit in state court.

Quote of the Day


We live in a time of transition, an uneasy era which is likely to endure for the rest of this century. During the period we may be tempted to abandon some of the time-honored principles and commitments which have been proven during the difficult times of past generations. We must never yield to this temptation. Our American values are not luxuries, but necessities— not the salt in our bread, but the bread itself.

—Jimmy Carter

Re-Funding the Police


The Hill reports that the Capitol Police face heat following mob breach.

“What the hell was law enforcement on Capitol Hill thinking by not having secured the Capitol today?” former Defense Secretary Leon Panetta asked on CNBC, calling it one of his great disappointments.

Rep. Cori Bush (D-Mo.), asked Wednesday evening by MSNBC’s Joy Reid if Capitol Police made her feel safe, answered “I did until today.”

Defunding the police was one of the issues Rep. Bush supported during her election campaign last year. Her position on the matter has changed with her point of view. As I noted in a post last July—

While I’m drinking my second cup of coffee this morning, I’m seeing comments on various social media suggesting that one of the things that should happen if blue cities #DefundthePolice is the abolition of security details for elected officials. I doubt that would happen. Indeed, I expect those would be among the very last police details to be cut.

Whether at a local or national level, the whole purpose of being in the Inner Party is to exercise power, and that power is exercised via the Outer Party bureaucracy to keep the Proles in line. The Inner Party will always try to have sufficient resources in place to protect itself and enforce its will, so there will always be a place in the Outer Party for those enforcers. Department A4 of the Gestapo was Protective Services. The KGB had its Close Protective Services directorate.

Outer Party resources may be shifted about, and that may reduce policing of certain activities among the Proles, but the Inner Party will always try to deploy sufficient resources to protect its interests.

Everything is proceeding as I have foreseen. I wish I were wrong.

This Week’s Lawsuits


This week Sidney Powell finally released a couple of mid-sized krakens, one in Georgia and one in Michigan. The lawsuit argue the elections in those states were conducted fraudulently and offer testimony (affidavits) and evidence to support the allegations.

In Pennsylvania, a federal judge dismissed the President’s lawsuit over election irregularities, and the Court of Appeals for the Third Circuit affirmed the decision, teeing the case up for the Supremes. Meanwhile, a state judge found that the mail-in balloting probably violated the state constitution, and has issued a temporary injunction stopping certification of the election. Given the state’s Supreme Court’s previous rulings, I’ll bet the injunction is overturned on appeal, but this case provides a second avenue to challenge the fraud in Pennsylvania.

Finally, Carter Page has filed suit against the Department of Justice and several individuals, including James Comey, Andrew McCabe, Peter Strzok, Lisa Page, Kevin Clinessmith, and group of Joe Does, seeking 75 million dollars in damages. The suit is based in the civil damage claims provisions of FISA, the Federal Tort Claims Act, the Privacy Act, and the Supreme Court Bivens decision. Discovery in this case will be interesting.

Certain things will not go away or be swept under the rug regardless of who takes the oath of office in January.

Civil Rights News


There are a couple of big civil rights lawsuits to comment on today.

The one that appears to be getting the most attention today is the Supreme Court’s grant of a preliminary injunction against further enforcement of Governor Cuomo’s arbitrary limits on attendance at houses of worship. Roman Catholic Diocese of Brooklyn, New York v. Cuomo. This is a significant First Amendment victory. The injunction also applies in Agudath Israel of America v. Cuomo.

The other case worth talking about is C. J. Pearson, et al. v. Kemp, et al. This case is filed in the U.S. District Court in Atlanta, and it alleges that this month’s election was conducted fraudulently in Georgia. The federal causes of action are based in 42 U.S.C § 1983. Section 1983 is a Reconstruction Era law which authorizes civil actions against officials acting under color of state law deprive a citizen of any of his rights, privileges, or immunities guaranteed under the Constitution. C. J. Pearson is not the first black voter to sue the State of Georgia. Sidney Powell and L. Lin Wood are among the lawyers who signed the complaint.

The next few weeks will be interesting.

A Civil Rights Victory


The Washington Free Beacon reports that the City of Los Angeles has been ordered to pay a six-figure award to the National Rifle Association because of a violation of the First Amendment. A federal judge struckdown a city ordinance aimed at punishing prospective contractors with ties to the NRA as an infringement on the rights to free speech and association. He ordered city officials to pay NRA’s attorneys’ fees of $150,000.

California is still part of the United States, so our Constitution is binding on its state and local governments. If it were successfully to secede (as certain folks have threatened), our Bill of Rights would no longer apply there. California’s state constitution is easily amended. How long would such inconvenient civil liberties as free speech be allowed to exist in a polity that keeps electing politicians that pass laws such as the one LA adopted to harass the NRA and its members and associates?

I left California in 1990 because I could see such tyrannical behavior taking hold.

Team Kimberlin Post of the Day


Brett Kimberlin’s LOLsuits have failed because he has never been able to put together a logical argument that he has suffered any injury from truthful report about hime, his associates, and their activities. He’s had particular difficulty understanding what is admissible under the Rules of Evidence. The TKPOTD from six years ago today deals with one of the many times he was stopped by the judge enforcing those rules during the Kimberlin v. Walker, et al. trial.

* * * * *

It was pretty obvious from the load of … ah … junk he gave us in discovery for the Kimberlin v. Walker, et al. nuisance lawsuit that The Dread Pro-Se Kimberlin didn’t understand the rules of evidence or how to properly structure his case. He proved both during the trial. For example, consider this question he was never able to ask of Stacy McCain because it dealt with hearsay.

MR. KIMBERLIN: So do you know what the Southern Poverty Law Center is?

MR. OSTRONIC: Objection Your Honor.

THE COURT: What does the Southern Poverty Law Center have to do with this case?

MR. KIMBERLIN: Well Mr. McCain has —

THE COURT: The Southern Poverty Law Center, what does that have to do with this case?

MR. KIMBERLIN: Mr. McCain is considered a neo-confederate — is one —

MR. OSTRONIC: Objection, Your Honor.

THE COURT: Well —

MR. KIMBERLIN: And the Southern Poverty Law Center

MR. OSTRONIC: Objection, Your Honor.

THE COURT: Hold on a second. Counsel I appreciate you objecting to my question but I’m not going to overrule myself. That’s not something I do. So what does the Southern Poverty Law Center have to do with this case? I’m not asking you about Mr. McCain, I’m asking you about why are you asking him about the Southern Poverty Law Center?

MR. KIMBERLIN: I’m asking him the Southern Poverty Law Center is the leading, one of the leading civil rights organizations in the —

THE COURT: I understand all of that but what does it have to do with this case?

MR. KIMBERLIN: Because —

THE COURT: And the claim that you are making against these gentlemen?

MR. KIMBERLIN: Because Southern Poverty Law Center regularly outs racists —

MR. OSTRONIC: Objection.

THE COURT: So what if they do. What does that have to do with this case? This case isn’t about racists or racism.

MR. KIMBERLIN: It’s about hate. It’s about hate. These people hate me and they do anything to destroy me.

THE COURT: Well but why are you asking this witness about the Southern Poverty Law Center? First of all he couldn’t testify as to anything they said or did because it wouldn’t be an exception to any hearsay rule. So you would never be able to get that in evidence anyway.

MR. KIMBERLIN: All right.

MR. KIMBERLIN: Mr.—

THE COURT: Your objection’s sustained.

Of course, TDPK was trying to paint Stacy McCain as a racist, and that’s nonsense. Furthermore, given some of the racial epithets that TDPK is on record as have said and written, it was particularly unseemly for him to be trying to tar anyone else with that brush.

Even if Stacy or I or any of our codefendants were racist, that had no bearing on whether or not what we said and wrote was true, and TDPK had to prove that our words were false. Stupid is as stupid does, and TDPK tried to bring up racism a second time.

MR. KIMBERLIN: Have you ever been identified as a member of the hate group League of the South?

THE COURT: I’m sorry, what was that, what group?

MR. OSTRONIC: Objection.

MR. KIMBERLIN: League of the South.

THE COURT: League of the South?

MR. KIMBERLIN: It’s like an offshoot of the KKK.

MR. OSTRONIC: Objection, Your Honor.

MR. KIMBERLIN: It believes in —

THE COURT: What’s that relevant to, sir?

MR. KIMBERLIN: Well he brought it up.

THE COURT: He didn’t bring up the League of the South.

MR. KIMBERLIN: Huh?

THE COURT: He didn’t bring up the League of the South.

MR. KIMBERLIN: He talked about he’s not a racist.

THE COURT: Well the fact that he brought it up without objection doesn’t make it relevant. I mean what is the jury going to do with this? We’re not here about whether anybody is a racist or not, are we?

MR. KIMBERLIN: Well no, but he’s tried —

MR. MCCAIN: You’re white by the way.

Never try to outcrazy Stacy McCain.

* * * * *

It was almost worth all the hassle of the Kimberlin v. Walker, et al. LOLsuit to be able to watch Kimberlin destroy his own case by calling Aaron Walker, Ali Alexander, Stacy McCain, and Me at his witnesses. All we had to do to discredit his imagined narrative was to tell the truth. I suppose he was so unfamiliar with the truth that it caught him off guard.

BTW, the foreman of the jury (who was black) had been rolling his eyes as he listened to Kimberlin’s line of questioning, and he chuckled at Stacy’s “You’re white by the way” comment.

Meanwhile back in 2020, it looks as if no one is buying into Kimberlin’s latest false narratives. The @itstime_2020 Twitter account hasn’t seen any new tweets for over a week, and itstie2020 dot org’s global popularity ranking is still below 14,000,000. Also, while other English language Ukrainian news sites (e.g., Unian)  have been covering the Senate report on Hunter Biden’s foreign deals, empr dot media has ignored the story.

The Truth is out there. It’s just not often found on one of Kimberlin’s websites.

Bad Science and Even Worse Theology


The Federalist reports that Nancy Pelosi wants to keep churches closed. When asked to comment on her archbishop’s statement that the state and local governments’ restrictions on worship violate the First Amendment, the Speaker said,

With all due respect to my Archbishop, I think we should follow science on this. And again with faith and science, sometimes they’re countered to each other.

Mrs. Pelosi is wrong in multiple ways in her statement. First, there is less science involved the medical response to the Wuhan virus pandemic than many people imagine. Good medicine, like good engineering, uses scientific knowledge and principles to the extent they are available and applicable to the case at hand, but sometimes a new problem must be dealt with without existing good scientific knowledge available. Guesswork based on experience may or may not give an optimal solution, and some guesses will be wrong. Today’s news about Nashville’s wrongheaded response in closing certain business is just one example of how fallible public health officials, mayors, and governors have been. Continuing to act as if a failed hypothesis is correct in bad science.

Second, while her invocation of science is bad science, her theology is even worse. Without exception, apparent contradictions between what we think we understand from science and theology wind up being caused by a lack of clear understanding of what one or both of them are trying to tell us—or from asking one of them to answer questions about which it has no answers. Science tells us how. Religion tells us why. (See the posts under the Science and the Bible tab in the menu above for more on this point.)

Third, her due respect for the pastoral authority of her Archbishop requires that she submit to his spiritual leadership. If she can not or will not, she has a limited range of options. She can go full Karen and speak with his manager. The Pope would probably take her phone call. (Come to think of it, she might even get support from Pope Francis.) Her other honest choice is to leave the Catholic Church. I expect she will do neither.

The voters of San Francisco are getting what they voted for. Good and hard.

Team Kimberlin Post of the Day


Brett Kimberlin made a big mistake by trying to silence bloggers through lawfare. He was quasi-successful with his attack on Seth Allen, but going after Aaron Walker stirred up too many free speech bloggers, including me. That brought too many eyes looking his way. However, his worst mistake may have been picking on me. He did it at a time when I had retired and could devote full time to defending against his LOLsuits and bogus criminal complaints. Even though I’m now working again, I’ve continued to keep an eye on him.

One of the tools I’ve used throughout my coverage of Kimberlin’s failing attempts at reputation management is humor. The TKPOTD from three years ago is one example of such ridicule.

* * * * *

The month of August is off to a good start, but we may have a few days of behind-the-scenes activity during the coming week.

The Gentle Reader may wish to take the opportunity to stock up on popcorn.

Meanwhile, I seem to be all out of bubble gum.

* * * * *

Yes, I’m still keeping an eye on Kimberlin, and I have lots of tools to do so.

Team Kimberlin Post of the Day


This TKPOTD is from four years ago today. It provides a succinct summary of Brett Kimberlin’s lawfare campaign attempting to use the courts to suppress the First Amendment rights of his critics.

* * * * *

One of the subjects of interest at this blog is the First Amendment. I got interested in Brett Kimberlin back in 2012 because of the unconstitutional gag order he was granted against Aaron Walker as part of a peace order. That struck me as an attack on Aaron’s First Amendment rights, and I wound up participating in the Everyone Blog About Brett Kimberlin Day blogburst. Because the hearings involved in the Kimberlin cases were within commuting distance of my home, I began attending them and writing about the various Kimberlin-related peace order petitions and lawsuits.

As a result, I became part of the story.

In late July, 2013, Brett Kimberlin filed a false criminal complaint against me accusing me of harassment. The charge was dropped by the Montgomery County State’s Attorney.

In late August, 2013, Brett Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in Montgomery County Circuit Court alleging a wide array of torts, including defamation and false light invasion of privacy. In July, 2014, most of that case was dismissed on summary judgment. The next month, Aaron, Stacy, Ali, and I received a directed verdict in our favor when Kimberlin was unable to put on enough evidence to allow the remaining case to go to the jury. Kimberlin appealed to the Court of Special Appeals, and a three-judge panel upheld the Circuit Court’s finding in January, 2016. Kimberlin has asked an rehearing en banc by the entire Court of Special Appeals.

In October, 2013, Brett Kimberlin sued over twenty defendants, including me, in federal court alleging a RICO conspiracy and civil rights claims as well as a laundry list of state law torts. On 17 March, 2015, the federal claims were throw out, except for one claim against Patrick Frey. Kimberlin tried to appeal to the Fourth Circuit Court of Appeals, but he was turned away because the case was still ongoing in the lower court. The remnant portion of the case has been limping along, and discovery finally ended last Friday. Kimberlin has sought to subpoena information from me, but I was not properly served. However, I voluntarily let him have the responsive information that I had. Because he was disappointed with what he received, he filed a motion to have me sanctioned. That motion is still pending.

In March, 2015, Kimberlin filed a false peace order petition against me that alleged I had harassed Mrs. Kimberlin’s elder daughter. On 13 March, 2015, that petition was denied.

The following Monday, 16 March, 2015, Kimberlin filed his second RICO lawsuit, the so-called Team Themis suit, against almost twenty defendants. My name was tacked on the end. (This was great timing; the first RICO suit was dismissed the next day.) That lawsuit was dismissed last week.

On 15 April, 2015, Kimberlin filed another lawsuit in Montgomery County Circuit Court which essentially was the state law claims from his first federal RICO suit alleged against most of the same defendants. Michelle Malkin, Twitchy, Breitbart, Glenn Beck, Mercury Radio Arts, and The Blaze were dismissed from the suit in September, 2015. Aaron Walker was dismissed in January, 2016. Dan Backer, DB Capitol Services, Lee Stranahan, and I were dismissed yesterday. Of the four remaining defendants, Patrick Frey, Ali Akbar, and National Bloggers Club remain unserved, and Mandy Nagy is incompetent to defend herself following a devastating stroke.

Kimberlin appealed the denial of his bogus peace order petition, and his appeal was denied after a hearing in Montgomery County Circuit Court on 14 May, 2015.

A few days later, acting through his wife, Kimberlin filed a false criminal complaint based on the allegations in his peace order petition. In June, 2015, the Montgomery County State’s Attorney dropped the charge for lack of evidence.

So where are the cases now.

The peace orders and criminal charges are done.

The first state lawsuit has failed on appeal, and it’s unlikely that the Court of Special Appeals will bother with an en banc hearing and even more unlikely that the Court of Appeal (Maryland’s highest court) would grant a petition for certiorari and take the case.

The first RICO case isn’t over in the District Court and can’t be appealed until the claim against Patrick Frey is adjudicated there.

The second RICO is in now toast in the District Court. I expect that Kimberlin will file an appeal with the Fourth Circuit in a few days.

The second state lawsuit isn’t over yet either, and it can’t be appealed until the claims against the remaining four defendants are resolved.

So, for now, Patrick Ostronic, my pro bono attorney in the state cases, will be watching the Court of Special Appeals for a decision on an further hearing, and I’m lining up legal resources to deal with the expected appeal in RICO 2. And we shall see how Judge Hazel rules on that sanctions motion. Meanwhile, it’s become abundantly clear that the Rauhauser/Kimberlin strategy of on-the-cheap pro se litigation has backfired.

We’re dealing with people who have likely had no interaction with the court system beyond a traffic ticket; the potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds.

—Neal Rauhauser, quoted by Stacy McCain.

Kimberlin now overlooks at his own risk the potential for a group of defendants, some with excellent legal resources, dedicated to the First Amendment to push back against his lawfare. Maybe, just maybe, he’ll begin to understand the potential costs of taking on dedicated pro se defendants with time and resources.

#Loser

* * * * *

Loser indeed. Not only did The Dread Deadbeat Pro-Se Kimberlin wind up losing all those cases and their appeals, he wound up having appeals court costs taxed to himself and getting sanctioned for frivolously including me as an appellee in one of the appeals. Oh, and he lost his RICO 3 Lolsuit that he filed agains Breitbart Holdings, Steve Bannon, and a long list of other defendants when it was dismissed sua sponte by the District Court. His LOLsuit against Mitch McConnell and Chuck Grassley was also dismissed sua sponte, and he lost all the appeals related to those case.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


This episode of Blognet from five years ago today deals with the early stages of a case that resulted in quite a few episodes.

* * * * *

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. Bloggers are being harassed by a convicted terrorist who is suing them for writing about his past. Nothing they’ve written appears to be false, but there is a gap in the terrorists bio. 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

Copyright Trolling


The time I would have spent drafting a post for today was spent doing research to support a fellow blogger who is being threatened with a lawsuit by a copyright troll. Almost seven years ago, the blogger linked to a story at a major newspaper’s website, including a photo from the story. Years later, the photographer is trying to extort money out of the blogger for use of the image.

First of all, such a link is most likely an example of Fair Use.

Even if it weren’t, research indicates that the photographer may have failed to timely file for registration of the copyright on the image. IANAL, but it’s my understanding that such  a defective registration means that the copyright holder is only entitled to the actual damages he suffered. Statutory damages are off the table. Indeed, I believe that a reasonable argument can be made that the blogger’s linking to the newspaper’s article created additional traffic to the story and enhanced the value of the photo. Thus, the photographer received a benefit from the link rather than suffering any damage. His case is nonsense.

Copyright trolls need to be dealt with swiftly and firmly.