Team Kimberlin Post of the Day

It was six years ago today that RICO Retread LOLsuit Dismissed Against Aaron Walker was a headline here at Hogewash!.

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A member of the Vast Hogewash Research Organization has picked up a copy of Judge Mason’s most recent ruling in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit. The case has been completely dismissed with prejudice against Aaron Walker. The bases for dismissal were res judicata and failure to state a claim upon which relief can be granted.

Qapla’!

A copy of the order is en route to Westminster, and I will scan it and post it as soon as it arrives.

UPDATE—Here is Judge Mason’s opinion and order:

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Qapla’ indeed.

Team Kimberlin Post of the Day

This site isn’t the only one on the Interwebz which has poked fun at Team Kimberlin. The TKPOTD for seven years ago reposted this—

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Kimberlin Unmasked [dead link] posted this on Saturday.KU20150110Yes, that’s an interesting connection.

Hmmmmm.

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I miss the cockroach.

Team Kimberlin Post of the Day

The post about Why I Blog first ran four years ago today.

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Because I want to.

More specifically, I took up blogging as a hobby when I was in my mid 60s and approaching retirement. I thought it would be an interesting way to use some of the time that would not be taken up by a day job. I decided to write about stuff that interested me, and if some folks wanted to read it, then the blog would pick up followers. I didn’t expect to monetize the blog.

One of the things that interests me is First Amendment issues, and writing about one incident wound up changing the nature of Hogewash!. That incident was the patently unconstitutional gag order that Brett Kimberlin received against Aaron Walker. It was a local story, so I covered it. And I kept covering The Dread Deadbeat (Pirate) (Performer) (Pedo) Pro-Se Kimberlin as he waged lawfare against various bloggers and mainline media people and organizations who wrote about him. That, in turn, made me a target of Kimberlin and his fanboys, especially Bill Schmalfeldt, and their targeting of me made me part of the story I was covering.

Things haven’t worked out as I expected when I stated Hogewash! in 2011. For the past five years, the bulk of the blog has dealt with Team Kimberlin. That coverage has caused multiple lawsuits, false criminal charges, and a bogus peace order petition to be filed against me, and I’ve monetized the blog to help defray the legal expenses incurred. (BTW, thank you to those who have supported that effort.) While that lawfare is mostly over and settled in my favor, there’s still some to go. Eventually, TDPK and his band of cyberthug wannabes will have lost their final bit of lawfare and will have poisoned their own online reputations via a version of the Streisand Effect on steroids that should be renamed for Brett Kimberlin. Then, I’ll be able to get back to spending more time on other things that interest me.

Oh, two more things …First, it looks as if enough Reality has sunk into the vacuum between the Cabin Boy’s™ ears that he is starting to understand that is more likely that LOLsuit VIII will be dismissed than survive.

Second, the only online use anyone has for Bill Schmalfelt now is as an object of pointage, laughery, and mockification. I will continue to write about him to the extent I find it useful as coverage of Team Kimberlin winds down, but there are now blogs that specialize in keeping track of him, and they are welcome to him.

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Yes, I’m still doing these TKPOTDs. While Kimberlin’s presence on the Internet has deteriorated to a handful of irrelevant wastes of bandwidth, he’s still engaging in lawfare in the form o his specious appeals of some of his Speedway Bombing convictions. And not every loose end of the previous decade has been tied up yet.

I’m not done with ’em yet.

Team Kimberlin Post of the Day

The one time Brett Kimberlin actually got one of his LOLsuits against me all the way to trial, he tried to use my codefendants, Aaron Walker, Ali Alexander, and Stacy McCain, and me as his witnesses to prove his case. That didn’t go well, and the TKPOTD for seven years ago today dealt with part of the exchange with Stacy McCain.

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Here’s another bit of bumbling from The Dread Pro-Se Kimberlin’s direct examination of Stacy McCain during the Kimberlin v. Walker, et al. trial.

MR. KIMBERLIN: Okay. And then did you also tweet that “Perhaps Pat Stranahan and that WJJ Hoge can communicate facts to hired liar Monica Hess”?
MR. MCCAIN: Did I tweet that? Are you showing me a tweet? Okay, let me state for the record that this is not — this is — what this is from — can I make the point this is from the site Breitbart Unmasked. Do you agree?
MR. KIMBERLIN: I’m just asking you a simple question —
MR. MCCAIN: No. No. You’re showing me something from another site that you are accused of owning.
MR. KIMBERLIN: No. I’m asking a simple question. Did you tweet —
MR. OSTRONIC: Your honor, I’ll object. It’s an unauthenticated document.
THE COURT: Sustained.
MR. KIMBERLIN: No further questions for this witness.

It is downright foolish to attempt to outcrazy Stacy McCain.

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Kimberlin had already filed his RICO Madness LOLsuit which included Stacy as one of the defendants by the time the Kimberlin v. Walker, et al. case came to trial. His subsequent LOLsuits were filed after that trial, and Kimberlin never again tried to sue Stacy McCain.

Team Kimberlin Post of the Day

Many of my favorite Team Kimberlin Posts are titled Qapla’. This one from four years ago today reported the ruling by the Maryland Court of Special Appeals affirming The Dread Deadbeat Pro-Se Kimberlin’s loss in the RICO Retread LOLsuit.

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The Court of Special Appeals has ruled in the appeal of the Kimberlin v. National Bloggers Club, et al. (II) RICO Remnant LOLsuit. The defendants win. Brett Kimberlin loses.

Everything proceeded as I foresaw.

UPDATE—I’d like to offer my thanks to Patrick Ostronic, my pro bono counsel, for his help in this case.

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Kimberlin has an appeal before the federal Court of Appeals for the Seventh Circuit. We’ll see if he maintains his unblemished 0.000 batting average when the court rules in that case.

Stay tuned.

Team Kimberlin Post of the Day

By this time in 2013, Brett Kimberlin has already filed a false criminal complaint against me and seen it dropped for lack of evidence and he had filed the first of the four LOLsuits he brought against me. The TKPOTD for eight years ago tried to warn him about messing with me.

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Brett Kimberlin has a history of trying to use the court system to silence those who he perceives as his enemies, and one sure-fire way to get on his enemies list is to publish the truth about his past or his current activities. His latest bit of lawfare names me along with four other bloggers as a defendant. Gentle Reader, please allow me to make the following points.

1. The case will be disposed of through the courts not the Internet.

2.  Unless advised to do so by my lawyers, I will make no public comments about any pending matter in the case.

3. Tactically, suing me is a dumb move on Kimberlin’s part. He will find that I now have a reason to focus more of my attention on him.

orvilleredenbacher4. Strategically, suing me is an even dumber move. He will now either answer my discovery interrogatories and admissions and produce the documents I seek, or he will have to explain to the court why his suit should not be dismissed.

Click here to buy more popcorn from Amazon.

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Kimberlin sold a lot of popcorn for Orville Redenbacher, and the link above still works.

Team Kimberlin Post of the Day

This episode of Blogsmoke first ran seven years ago today.

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BlogsmokeSOUND: 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

Yesterday, I was please to be able to report on the dropping of the false criminal charge filed against Christina Pushaw by Rebekah Jones. It was a particularly sweet day for me because it was the eight anniversary of the Montgomery County State’s Attorney’s Office dropping a false criminal charge that Brett Kimberlin had filed against me. In both my case and Ms. Pushaw’s there was nothing to provide an evidentiary foundation for the charges. Eight years ago today, I took the opportunity to tell Kimberlin You Must Construct Additional Pylons to support a real case.

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No wonder I walked out of the courthouse a free man.nolleprosThe false charge filed against Aaron Walker has also been dropped.

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In 2013, case like mine would be retained in the online case search system. Now, cases like Ms. Pushaw’s are automatically expunged when they are nolle prosed.

My case did wind up being expunged without my knowledge at the request of the State’s Attorney’s Office. I had to go to court to have it unexpunged so that I could sue Kimberlin for malicious prosecution.

Blognet

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. A public figure awaiting trial for cyberharassment and hacking has accused a writer of violating a peace order. 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

False Charge Against Christina Pushaw Dropped

The first order of business this morning in Courtroom 513 at the District Courthouse in Rockville, Maryland, was the entering of nolle prosequi motions by the State’s Attorney’s Office. The false charge of failure to obey a temporary peace order filed by Rebekah Jones against Christiana Pushaw was among the cases dropped. According to a spokesman for the State’s Attorney, there was no evidence to support the charge.

UPDATE—The only other people who were in the courtroom other than me when I witnessed the charge being dropped were an Assistant State’s Attorney, Judge Moffett, the clerk, and a bailiff. Rebekah Jones was not there. The case was not going forward, so her “testimony” was not necessary.

UPDATE 2—The State v. Pushaw case has been expunged.

Team Kimberlin Post of the Day

It was seven years ago yesterday, that Brett Kimberlin lost his first of four defamation LOLsuits he filed against me. Seven years ago today, I ran this post about other bloggers’ Kimberlin v. Walker, et al. Wrap Up Posts.

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Popehat: here and here

The Other McCain: here

Patterico’s Pontifications: here

Legal Insurrection: here

Breitbart Unmasked: [crickets]

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I’m very thankful for the support my codefendants and I received from our fellow bloggers.

Oh, and given that Breitbart Unmasked Bunny Billy Boy Unread hasn’t had any new material posted for over two years, I don’t think we’ll ever see any of the coverage of the trail they had promised.

Team Kimberlin Post of the Day

Some days are better than others, but 26 June, 2013, was a day that didn’t go well for Brett Kimberlin. The post #BrettKimberlin Strike Two dealt with on of the setbacks he faced that day.

I referred to Kimberlin as Lord Voldemort because of the unconstitutional “he-whom-must-not-be-named” gag order that was part of the peace order he had obtained against Aaron Walker.

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The Maryland Court of Special Appeals rules that Brett Kimberlin Lord Voldemort does not have standing to appeal the Circuit Court ruling that Seth Adams was not in contempt of the order the Dark Lord has against Mr. Adams. (H/T, Allergic to Bull)

First Amendment 2, Voldemort 0

Going to court with neither the facts nor the law on your side isn’t working any more, is it?

The time to face the music is coming ever nearer. Justice through blogging. And then the courts.

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Kimberlin is still mired in losing legal cases of his own making.

Everything is proceeding as I have foreseen.

Whatever It Is, It Ain’t News

In 2019, Rachel Maddow stated on her cable show that One America Network was “really literally is paid Russian propaganda.” OAN sued for defamation. The case has been dismissed because the judge found that what Maddow presents is exaggeration, hyperbole, and pure opinion, and no reasonable person would assume that such outlandish accusations are factually true even when she uses the language of certainty and truth. In other words, she’s a political activist with a byline; Maddow does not present news.

Given her ratings, it seems more of the public is beginning to understand that her show isn’t entertainment either.

Team Kimberlin Post of the Day

This episode of Blognet first ran seven years ago today.

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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 is being sued for writing about another lawsuit and questioning the plaintiff’s motives. His employer is being sued as well. 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.

SOUND: Footsteps on sidewalk. Repeating background PA announcement: “The white zone is for immediate loading and unloading of passengers. No parking please.”

FRIDAY: It was Wednesday, March 6th. It was a smog-free day in LA. I was on temporary duty for Internet Detail. My partner, Liz Smith, was back in Westminster with our boss, Twitter Town Sheriff W. J. J. Hoge. My name’s Friday. It was 11:31 am when I walked out of the baggage claim area at LAX. Continue reading

Does Acme Legal Have a New Client?

The Gentle Reader who has been following this blog for a few years may remember a running gag about the crackpot legal theories advanced by the members of Team Kimberlin being based on advice from the legal department of the same Acme Company that sells widgets to Wile E. Coyote. These tweets suggest Acme may have a new client—

Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.

—John Adams

Jones may be annoyed by people looking into and reporting on her past and current activities, but truthful reporting is not defamatory. Indeed, lawyers have told me that under Maryland law she would bear the burden of proving any allegedly defamatory statement was false.

Speaking of false statements—I can’t find any evidence in the online Maryland Judiciary Case Search of any warrants having been issued in Maryland because of a criminal complaint filed by Jones.

Team Kimberlin Post of the Day

Today is the ninth anniversary of my first post about Brett Kimberlin. It was titled No Thugs Zone.

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Fellow blogger and Maryland resident Stacy McCain has had to move his family out of the state because of threats related to blogging about Brett Kimberlin. He is not the only blogger suffering abuse from Kimberlin.

Mr. Kimberlin was unwise in choosing to pick a fight with the blogosphere. He is likely to find that, while we don’t always agree with one another, we have each other’s backs when the freedom of the Internet is threatened. Mr. Kimberlin and those who have supported him (I’m looking at you, Ms. Streisand [dead link]) have bitten off more than they can chew. The pushback is just beginning.

UPDATE–The McCain family is having a ton of unforeseen expenses because of their sudden move. I just hit his tip jar. Why don’t you?

UPDATE 2–Expect more, a lot more, about this on Friday.

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I’m not through with him yet.

Rebekah Jones and the False Criminal Complaint

Rebekah Jones filed a bogus petition for a peace order against Christina Pushaw. Because she filed her petition outside of normal business hours, she was granted an interim peace order until a judge could evaluate her petition. When she appeared before a judge, she was granted a temporary peace order based on her unchallenged testimony. After Ms. Pushaw was served with a copy of the temporary order, a second hearing was held during which Jones’ testimony was subjected to cross-examination. When her allegations were subjected to the rules of evidence, her petition was denied, and no final order was issued.

Ms. Pushaw was never served with the interim order, but the day after it was issued, Jones filed an Application for Statement of Charges claiming that Ms. Pushaw had violated the order. Her sworn complaint is clearly false because Ms. Pushaw had not been served with the order, but it resulted in a summons being issued to Ms. Pushaw. The online Maryland Judiciary Case Search shows a “trial” date of 7 June. Based on my own experience with this kind of false complaint, if the charge hasn’t been dropped for lack of evidence by that date, there will be a preliminary hearing before a judge to determine if there is probable cause to go forward with the case. Given the lack of service, there should be no finding of probable cause.

An Application for Statement of Charges is signed under penalty of perjury. Perjury is only a misdemeanor in Maryland, but it is punishable by imprisonment for up to 10 years.

Words Have Meaning

And Sarah Hoyt has a post over at According to Hoyt about how collectivist/progressives/liberals have created a style sheet that bends public discourse in their favor.

Look, half of the way you think is bounded in by words. And half of the way other people think too. By using the leftist chosen terms, you’re lending them your unwitting support.

Don’t lose the war of words. Come up with more accurate terms, and think about what you’re saying.

Don’t let the Left frame the terms of the debate. Make them deal with the Real World on its terms. Or if it’s to your advantage, force them to stick with a contradictory position. (Hey, AP, why are you complaining about your Gaza office? Destruction of property isn’t violence again, is it?)

Don’t let the wokie win.

Team Kimberlin Post of the Day

During 2016, a great percentage of the LOLsuit Brett Kimberlin had filed were in the process of being dismissed by a lower court of having an appeal denied. The TKPOTD from five years ago today dealt with Kimberlin’s certiorari petition to the Maryland Court of Appeals in the Kimberlin v. Walker nuisance suit.

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5 May, 16 May, 23 May, 28 May, 6 June, 13 June.

Tick, tock.

Oh, I almost forgot. The Dread Pro-Se Kimberlin has filed this petition for writ of certiorari with the Maryland Court of Appeals.

I’m leaving comments open, but don’t educate the midget by correcting his errors of law. OTOH, feel free to point out the … lawyers call them misstatements of fact … we engineers call them lies … the lies you find.

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The petition was denied, and Kimberlin had the good sense not to attempt to appeal the the Supreme Court.

Watching the Dust Settle

Last Friday, Rebekah Jones saw her bogus peace order petition against Christina Pushaw go down in flames for lack of evidence. As of noon today, the false criminal complaint against Ms. Pushaw for violating the interim peace order had not yet been dropped. It could take a few days for the Montgomery County State’s Attorney’s Office to nolle prosse the case. I’ve got Wednesday afternoon on the calendar in the break area, and there are still some squares left in the pool.

Of course, Jones has the right to appeal the denial to the Circuit Court. If she does, there will be a trial de novo. She says she intends to have a lawyer and two tech experts with her for the appeal. As I’ve noted before, if Jones has legal counsel, it would be wise for her to review her online tweets and posts since the beginning of April with her lawyer to determine which she should take down and apologize for.

The ram hasn’t touched the wall. Yet.