Team Kimberlin Post of the Day

One of the purposes of Team Kimberlin’s campaign of pro se lawfare clearly was to use discovery in civil suits to try to dig up dirt on their enemies. Brett Kimberlin handed off sealed discovery from the Virginia Walker v. Kimberlin, et al. case to associates who published it at Breitbart Unmasked. He leaked some of the sealed discovery from the RICO Remnant LOLsuit in filings in the Maryland Hoge v. Walker, et al. case, but he was unable to get Judge Hazel to lift the protective order in the federal case. The TKPOTD for five years ago today dealt with Kimberlin’s failure to get the Fourth Circuit Court of Appeals to relax the RICO Remnant protective order.

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I’m not making this up, you know.

After spending years trying to use the courts to suppress the First Amendment rights of people who have written truthful things about him, Brett Kimberlin included this sentence in his failed motion to unseal his informal opening brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit—

Appellant has a right under the First Amendment to appeal in public.

No. He doesn’t. His right to a public trial and, by extension, a public appeal is not secured under the First Amendment. IANAL, but the last time I checked the Bill of Rights, due process rights are secured by the Fifth Amendment.

Patrick Frey’s due process rights are also protected by the Fifth Amendment. His lawyers were able to convince a federal judge that certain information given to The Dread Pro-Se Kimberlin during discovery in the RICO Remnant LOLsuit should have been sealed in order to protect Frey’s rights (and possibly the rights of third parties). TDPK repeatedly asked the District Court to unseal that information, and he was never able to provide a reason why Patterico’s rights should not have been protected.

TDPK’s motion to unseal is timestamped as being received by the Fourth Circuit Court of Appeals at 10:06 Monday morning. The order denying his motion was docketed at 12:01:59 Tuesday afternoon. It didn’t take the court long to see through his frivolous argument.

Everything is proceeding as I have foreseen.

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Kimberlin’s whole lawfare schtick came about as an attempt to shutdown a left-wing blogger who thought that having Kimberlin and his not-for-profits associated with Progressives was bad for that side’s brand identify.

Taking on the blogosphere was biting off more than he could chew.

Team Kimberlin Post of the Day

It’s not unusual to catch members of Team Kimberlin in lie. This Bonus Prevarication Du Jour is from eight years ago today.

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This one isn’t from Cabin Boy Bill Schmalfeldt. It’s from Brett Kimberlin himself. I found these words in an email he sent to a third-party. The email was forwarded to me this morning.

Mr. Hoge and his co-defendants seem to believe that they can try this case online. They believe that they win by causing the most harm [redacted].  They have been warned by numerous attorneys that their actions after the filing of the case will come back to haunt them when the case gets before the judge or jury, yet they obsessively post more and more defamatory statements that add proof of the allegations I have made.

For the umpteenth time, I don’t litigate online. I have made no substantive comments about the Kimberlin v. Walker, et al. lawsuit other than to acknowledge its existence, to note that I have filed an answer, and to state that I believe the case is without merit. I’ve joked that Kimberlin left “mopery with intent to lurk” off of his laundry list of torts. And I did offer to let him settle the case on the cheap for a payment to me of $1,000,000. That wasn’t a joke.

As far as I know, none of my codefendants have discussed the merits of the case per se online, but none of us have been shy in expressing our contempt for Brett Kimberlin. Team Kimberlin, OTOH, has been publishing all sorts of attack pieces, longer posts on Breitbart Unmasked or the Cabin Boy’s various sites and shorter jabs on Twitter, in support of Kimberlin’s suit.

The Gentle Reader may decide for himself who is attempting to try the case online.

Of course, the various lawyers involved in the case have counseled caution in what we defendants say about the matter outside of court. Duh. That’s why I haven’t made any substantive comments. However, not a single lawyer who has discussed the case with me expects the case to go to trial.

Since he hasn’t actually filed an amended complaint to add the act of defaming him by publishing a certified copy of a public document, oh, never mind …

Fail.

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It turns out that the only part of the initial legal advice I received that was mistaken was the expectation that the Kimberlin v. Walker, et al. case wouldn’t go to trial. It did, but the judge stopped it after Kimberlin rested his case and granted a directed verdict in the defendants favor because Kimberlin hadn’t presented a “scintilla” (the judge’s word) of evidence to support his case.

He really would have done better in the long run to accept my settlement offer.

Team Kimberlin Post of the Day

Nine years ago today a post In Re Kimberlin v. Walker, et al. took note of an important event in that case, the first of the LOLsuits naming me as a codefendant.

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Today, my lawyer filed my answer to Brett Kimberlin’s complaint in the Kimberlin v. Walker, et al. lawsuit. This takes my offer to settle off the table. I will have no additional comment on the matter until I have further discussions with my counsel.

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My settlement offer consisted a allowing the case to be dropped without filing any counterclaims in exchange for a payment of one million dollars to me from Kimberlin. He’s lost all the case he’s brought against me, and by time I’m done with him a million bucks will seem like a bargain.

Team Kimberlin Post of the Day

Brett Kimberlin has sued me for defamation four times, and he lost all four for those LOLsuits. One of his complaints was that I’ve called him a terrorist. The TKPOTD for seven years ago today took a look at how he was referred to as a terrorist long before I had ever written about him.

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One of the the things The Dread Pro-Se Kimberlin whines about in his Kimberlin v. Most of the Universe, et al. LOLsuit is how he feels defamed because he’s been called a terrorist. He would have the court believe that being called a terrorist after 15 October, 2010, portrayed him in a false light.

If the Gentle Reader does a Google search on >”brett kimberlin” + terrorist< that is time limited to before 2010, the top results will look something like this—Pre2010

That first result is the Wikipedia “Kimberlin” page which contains a link to the article about Brett Kimberlin. While the “Kimberlin” page was created in 2008, the article about TDPK wasn’t created until 2012. Gasp! Wikipedia refers to Kimberlin as a terrorist! <sarc>It must be part of the conspiracy!</sarc>

The next hit is a Baltimore Sun article from 1996 reviewing Mark Singer’s book Citizen K. It refers to Kimberlin as a terrorist. The third hit is a piece from Daily Kos that refers to Kimberlin as a bomber “who terrorized the city of Speedway, Indiana …” Neither the BS nor Daily Kos qualify as rightwing nut job publications.

And there are plenty more references to Kimberlin’s history as a bomber/terrorist/criminal. His reputation was out there on the Internet well before 2010 and, certainly, well before I began blogging in 2011.

Whiner.

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In the second state case he filed against me, the court found that his reputation was so poor as a perjurer, drug smuggler, and serial bomber was such that it was impossible to defame him.

And now he’s asking the Supreme Court for relief from his Speedway Bombing conviction.

Team Kimberlin Post of the Day

Yes, Gentle Reader, I’ve really been writing about Brett Kimberlin and his associates and enablers for over a decade now. As this post from ten years ago today notes, Perhaps I Am A Fool.

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It has been suggested to me that I am being foolish by continuing to follow up on what I am now calling the continuing saga of Dread Pirate Kimberlin. I admit that possibility.

OTOH, I view him and his clown posse as a menace and wish to see him and them brought to justice. To that end, I try to share some of the information that I have with the Gentle Readers of this blog. Here are some things I’d like you to know.

1. I can’t always publish everything I know. I get some information off-the-record. While that information helps me put things in perspective and develop other leads, I can’t use it directly. Gentle Reader, you can also assume that I am cooperating with various people and agencies with an interest in Team Kimberlin. Thus, some information may need to be delayed or kept confidential in order to prevent evasive action by the bad guys.

2. I don’t feed trolls. I have received troll tweets and blog comments. If you’re trolling, save your breath. I’ll block your comments here and ignore you on Twitter.

3. I’m often stubborn to the point of pigheadedness. So, Gentle Reader, you can expect that I’ll stick with it. Get some popcorn, settle back, and stay tuned.

Oh, one more thing … I used to refer to Brett Kimberlin as Lord Voldemort (He Who Must Not Be Named Under Penalty of Peace Order) and his followers as the Death Eater Wannbes. He and they got demoted in July when Judge Rupp denied the Peace Order being sought against Aaron Walker. The only thing Mr. Kimberlin really has in common with the Dark Lord is that they are both losers. I’m now calling him Dread Pirate Kimberlin in reference to his piracy-themed Bloggers Offense Team website. (No, I won’t link to it.) Brett Kimberlin deserves to be made a laughingstock. At the same time, I recognize that, though he is a coward, he can be a dangerous coward. I keep my eyes open.

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OTOH, perhaps Brett Kimberlin was a fool for trying to taking on the blogosphere in general and me in particular.

After ten years, a couple of points in the post need updating.

First, while I don’t feed trolls, but I do laugh at them.

Second, when Kimberlin began defaulting on court order sanction payments, he was downgraded from The Dread Pirate Kimberlin to The Deadbeat Pirate Kimberlin.

I’m not through with him yet.

Disinformation Governance Board Sent Down the Memory Hole

(H/T, @ArronWorthing) The Washington Times is reporting that DHS Secretary Mayorkas has cancelled the charter of the Disinformation Governance Board based on a recommendation of his Homeland Security Advisory Council.

The report was led by Michael Chertoff, a former Homeland Security secretary in the Bush administration, and Jamie Gorelick, a former deputy attorney general in the Clinton administration. Suggesting the department might be straying too far from its mission, Mr. Chertoff said, “They don’t have a red pencil to correct everything in the world that’s not true.” That’s Oldspeak for “idea doubleplusungood rewrite fullwise.”

Team Kimberlin Post of the Day

Back in September, 2013, Brett Kimberlin was just getting started establishing himself as what Stacy McCain calls The World’s Worst Pro-Se Litigant™. At that point, Kimberlin had failed in his attempts to get a couple of peace orders, but he hadn’t yet lost any of the defamation LOLsuits that included me as among the defendants.

He’d filed a couple of false Applications for Statement of Charges against Aaron Walker and me, but they had been quickly killed off for lack of evidence. On 3 September, Breitbart Unmasked Bunny Boy Unread published a prediction that a LOLsuit was in the works.Of course, Matt Osborne’s predictions of the direst of dire direness ware (like the real Criswell’s) almost completely wrong.

The one thing that he got right was that we would engage in fund raising to help defray the cost of out defense. Although we had pro bono representation by Patrick Ostronic (Thank you, sir!), we still had several thousand dollars of costs related to copying, court fees, etc. (Thank you to those who helped!)

The worst mistake Kimberlin ever made was including we as a defendant in those cases.

Team Kimberlin Post of the Day

Ten years ago today, I’d been on the Kimberlin story for less than two months, but it was already complicated enough that I published this Cliff’s Notes Version of the saga.

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Patterico has an excellent summary of the saga thus far.

Many people have asked for a basic and relatively brief summary of the events surrounding Brett Kimberlin, Neal Rauhauser, and Ron Brynaert — who have gone after critics with over-the-top harassment. I provided the long version of the story, with much of the supporting evidence, here. This is the shorter version. If you have been struggling to understand this story, and you feel like you don’t have the time to follow it all, this is the post for you.

Even if you’ve been following the story all along, reading Mr. Frey’s summary will probably tie up some loose ends for you.

UPDATE–Stacy McCain has this summary of Brett Kimberlin’s background and how he lies about his past.

Lee Stranahan [dead link] calls our attention to Brad Friedman and explains how he fits into the saga.

Aaron Walker documents some of Mr. Kimberlin’s recent lies.

UPDATE 2—And Aaron Walker posts his concise summary here.

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The story expanded a bit.

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