Team Kimberlin Post of the Day

It was ten years ago today, that I first covered a court hearing involving Brett Kimberlin. It was Aaron Walker’s successful appeal finally overturning the peace order that had be granted by Judge Vaughy. This was one of Kimberlin’s first losses in his failed campaign of lawfare, and it certainly wasn’t the last.

Oh, and since I didn’t say this then, I’ll say it now: Qapla’

Team Kimberlin Post of the Day

All of the claims that Brett Kimberlin made against me in his various LOLsuits and criminal complaints were false. That caused the two that made it as far as a trial to be thrown out when Kimberlin rested his case, granting my codefendants and me a directed verdict in our favor. It cause the other claims in that case to be dismissed at summary judgment. The TKPOTD for seven years ago explained why that happened.

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Sometimes in a lawsuit there may be point where the “facts” don’t have to go to trial. That may be because the parties agree to what the facts are. Or it could be because one side may take the position that even if the other side’s version is correct, it doesn’t effect the case. Or it could be because one side’s “facts” are clearly untrue. In those instances, the court will rule on the case as a matter of law. That procedure is called summary judgment.

As an example, here’s a claim from The Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. Walker, et al. nuisance lawsuit.BKvAWetal 58-61We defendants disputed those allegations, but we asked for a summary judgment in our favor as a matter of law because even if everything TDPK alleged were true, it didn’t add up to the tort of malicious prosecution.

The judge agreed with us and dismissed the claim. That was a judgment on the merits in our favor, that is, the court found that we had not engaged in malicious prosecution.

Brett Kimberlin has filed over a hundred lawsuits, and he’s lost almost every one. Incompetent pleading like the mess above is one of the principle reasons why he fails.

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Nome of his other LOLsuits against me survived motions to dismiss for failure to state a claim upon which relief could be granted.

Team Kimberlin Post of the Day

Today is the tenth anniversary of the first post about Brett Kimberlin here at Hogewash!—a post 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, but here’s one to a contemporaneous post by another blogger]) 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 done with him yet.

Truth and Disinformation

The reporting on the Disinformation Governance Board (ДГБ) here at Hogewash! began last February when it was still in the planning stage. The first post, Experts Recommend, was fairly brief.

The New York Times reports that experts recommend the Biden administration put together a cross-agency task force to tackle disinformation and domestic extremism, which would be led by something like a “reality czar.”

The Gestapo, Stasi, and KGB were run by experts.

So I was not surprised when the existence of the ДГБ (that’s DGB is the Russian alphabet) leaked last month. My 28 April posts noted It’s A Bad Idea, But Is It Also Illegal? and presented the official portrait of The Central Scrutinizer.It turned out that Congress has authorized the Department of Homeland Security to get involved in the analysis of certain kinds of propaganda attacks, but it’s my opinion the the agency vastly exceeded its authority in creating the ДГБ.

On 29 April, I posted a viral video Nina Jankowicz had created and posted online herself. I did not edit the video. It’s as she originally posted it to TikTok. It’s also cringeworthy, a self-inflicted wound to her credibility.

Also on the 29th and the 30th, I posted a pair of Are You Pondering What I’m Ponderings that took aim at the ДГБ and the reason for its creation.

There was a great deal of blowback concerning the anti-free speech and anti-free press overreach embedded in the very idea of the ДГБ, especially from the right side of the blogosphere. I posted the Quote of the Day for 2 May in support of that theme.

I would never want to see our executive branch have that sort of power.

—Nina Jankowicz

As more information turned up about Ms. Jankowicz’s background, it began to appear she had been more of source of disinformation than an opponent of it. On 5 May, I posted a portion of her resume on LinkedIn which suggested that when she claimed that Hunter Biden’s laptop was “Russian disinformation,” her point of view could have been through The Lens of Experience.

On 12 May, my post When THE Science Follows THE Narrative dealt with how the Biden Administration is itself spreading misinformation. The post quotes the head of the FDA as claiming that misinformation is “the leading cause of death in the US.”

On the 13th, I posted this Dictionary Update

Effective immediately, all agents, employees, and contractors of the Disinformation Governance Board (ДГБ) shall be referred to as checkists.

Indeed, it seems that those who would check our speech have real philosophical and spiritual connection to the original Chekists.

Yesterday’s post, Democracy Dies in Derpness™, was about Taylor Lorenz’s scoop about the “pausing” of the ДГБ and Ms. Jankowicz’s “resignation.” Part of the spin in Lorenz’s WaPo story is the false narrative—the disinformation—that Nina Jankowiicz was unfairly attacked. Now, it may be true that someone somewhere said something unfair about her, but the overwhelming balance of the coverage of her consisted of accurate reporting of her own statements, publications, and music videos, all reported in proper context. As noted above, her wounds were self-inflicted.

For now the ДГБ is “paused,” a victim of the Xiden Administration’s general incompetence. Its functions will have to move to some other part of the Deep State.

The Central Scrutinizer

Nina Jankowicz, Executive Director of the Disinformation Governance Board

It is my responsibility to enforce all the laws
That haven’t been passed yet.
It is also my responsibility to alert each and every one of you
To the potential consequences
Of various ordinary everyday activities …

Quote of the Day

No government has the right to decide on the truth of scientific principles, nor to prescribe in any way the character of the questions investigated. Neither may a government determine the aesthetic value of artistic creations, nor limit the forms of literacy or artistic expression. Nor should it pronounce on the validity of economic, historic, religious, or philosophical doctrines. Instead it has a duty to its citizens to maintain the freedom, to let those citizens contribute to the further adventure and the development of the human race.

—Richard Feynman

Team Kimberlin Post of the Day

Team Kimberlin’s perfect record of failure in their LOLsuits stems in part from what they know about the law—most of which is wrong. This Legal LULZ Du Jour is from six years ago today.

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Cheddar201602250028ZOh, I suspect that the lawyer representing Sarah Palmer and Eric Johnson is expecting to get paid. I also suspect that the Cabin Boy™ may be headed for a nasty shock concerning who will be paying. The Dreadful Pro-Se Schmalfeldt might want to review Bogie v. Rosenberg. I’ve included a copy below.

That case deals with a plaintiff who filed a frivolous invasion of privacy suit in Wisconsin and who wound up paying over $70,000 in attorney’s fees to the defendants’ lawyer.

Under Wisconsin’s Right of Privacy law, the court “shall award the defendant attorney’s fees and costs relating to the defense of [a frivolous] action.” Wis. Stat. § 995.50 (emphasis added). Having found plaintiff’s claims to be frivolous, the court will award reasonable attorney’s fees to defendants for the necessary and reasonable amount of time they spent, and the costs incurred, in defending plaintiff’s claims under subsection (2)(a) and (2)(b).

While the Cabin Boy™ is idly dreaming of a default judgment, the defendants’ lawyer is racking up billable hours.

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Of course, the lawyer who represented Sarah Palmer and Eric Johnson was Aaron Walker, and it was enjoyable to watch Aaron trounce the Cabin Boy™.

BTW, I worked pro bono on the case as a paralegal.