Category Archives: Free Speech

Team Kimberlin Post of the Day

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My decade of covering the doings of Team Kimberlin began because of Brett Kimberlin’s attempts to silence bloggers who were writing truthfully about him and to punish lawyers who helped defend those bloggers. Kimberlin’s attention became particularly focused on a blogger who was a lawyer, Aaron Walker. Kimberlin sought to shut him up with a bogus peace order which required Aaron to neither speak nor write about Kimberlin. Ten years ago today, I was able to report that Justice had prevailed when an emergency appeal resulted in a partial stay of the peace order eliminating its unconstitutional gag provisions. (The entire peace order was completely thrown out during a further appeal.)

That should have been the top story of the day, but that evening, the top story became BREAKING: Aaron Walker SWATted.

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Patterico reports that Aaron Walker was SWATted at around 6 pm ET this evening.

UPDATE—Breitbart has more info here.

Walker told Breitbart News that he was home with his wife this evening at approximately 6:00pm when there was a “pretty insistent” knock at his door. Walker answered to find about six police cars in the street and two officers taking positions against the wall with M4 rifles. Since he was aware of the previous swattings of Patrick “Patterico” Frey, Erick Erickson, and Mike Stack, Mr. Walker asked the police if someone had called and claimed he had killed his wife, and police confirmed that that was the case.

UPDATE 2—Still more at The Camp of the Saints. Apparently, someone is also trying to cause trouble for one of Aaron Walker’s lawyers.

UPDATE 3—Stacy McCain says:

Memo to The Washington Post: This is now what they call “local news.” Get on it.

Don’t hold your breath, Mr. McCain.

UPDATE 4—Aaron Walker posts What Happened Tonight.

One of the officers tonight asked me why I keep talking about Brett Kimberlin if it brings on this kind of trouble. It’s because Freedom of Expression is something I don’t just believe in, but I defend. And this threat to Freedom of Expression needs to be defeated. It is that simple.

When my wife was steadier, and our bellies were full, I opened up my computer again there were 720 new contacts of some kind in my twitter. That was the level of love and support out there. I am just stubborn enough not to need anyone’s prayers or support to see this through, but it’s nice to feel the love. So many perfect strangers tell me they are praying for me—although they are becoming less like strangers every day.

Finally, if anyone from the Washington Post or any other newspaper wants to talk to me, I’ll talk. I’ll give you an earful.

So the bottom line is that thanks in significant part to the Prince William County Police, who handled this with the right sweet spot between concern that a crime might be occurring, and caution, recognizing it might be a hoax, my wife and I are safe. A little shaken up, but determined to fight on.

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What an amazing coincidence that Aaron was SWATted on the evening of the day he won that victory in court!

BTW, the judge who granted the unconstitutional restraint of Aaron’s speech was sanctioned by the Maryland Commission on Judicial Disables for his conduct in the case.

Team Kimberlin Post of the Day

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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

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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

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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

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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

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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

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T. S. Eliot wrote that April is the cruelest month. Brett Kimberlin might reasonably disagree and nominate March instead. The TKPOTD for seven years ago today catalogs some of Kimberlin’s losses during March.

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The Dread Pro-Se Kimberlin has had it rough the last few days. First, he lost his attempt at getting a peace order against me. Next, the false and misleading nature of the tweet he used as evidence during the peace order trial came out, gutting what little case he had. (This may explain why nothing about an appeal or perjury charges against me has appeared in the Maryland Case Search database yet).

The big whammy came day before yesterday when Judge Hazel put TDPK’s RICO Madness out of it’s misery, dismissing all the counts against all the defendants except for the civil rights claim against Patrick Frey. (Go hit Patterico’s tip jar.) That happened just as TDPK was filing RICO2 which I will call Kimberlin v. Team Themis, et al.

I’m the only defendant in common between the two RICO suits, and having me in RICO2 is going to be more problems for TDPK than he can imagine.

Stay tuned.

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Two things—

First, feel free to keep hitting Patterico’s tip jar. He runs a blog that deserves support.

Second, I’ll stand by my statement that Kimberlin’s worst mistake during his lawfare campaign was tangling with me. And I’m not done with him yet.

A Low Budget Remake Flops?

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Justin Trudeau’s attempt to use police violence in Ottawa for a low budget remake of the Odessa Steps has flopped. He’s announced he is pulling the plug on the Emergencies Act.

The original Odessa Steps sequence is part of Serge Eisenstein’s propaganda masterpiece Battleship Potemkin. In the end, it appears that Trudeau’s propaganda efforts did more to expose the true nature of his Potemkin village government than anything else.

Team Kimberlin Post of the Day

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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

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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

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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

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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

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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

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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.