Team Kimberlin Post of the Day

Although it has lain fallow for over four years now, on of Team Kimberlin’s principal PR organs was the Breitbart Unmasked website. The site’s occasional editor Bill Schmalfeldt call it his “prime source for news, hearsay, lies and innuendo. Oh, yeah. Smears, too!” Eight years ago today BU published a long defamatory screed attacking Aaron Walker, and it was full of hearsay, lies, innuendo, and smears. And sealed court discovery, too! That’s only the opening paragraph. The Gentle Reader can find the whole post still active on the BU website.

Here’s Bill Schmalfeldt’s concern troll comment to the post.It wasn’t Aaron Walker’s blog about free speech and pictures of Muhammed that drew Brett Kimberlin’s interest and ire. It was Aaron’s pro bono legal assistance to a left-wing blogger who Kimberlin had sued for defamation.

It’s was Kimberlin’s attacks on Aaron’s First Amendment rights that backfired and drew the attention of the blogosphere to past and current activities.

Team Kimberlin Post of the Day

My podcasting partner and former fellow codefendant Stacy McCain refers to Brett Kimberlin as The World’s Worst Pro Se Plaintiff™. The TKPOTD for seven years ago today displayed one of The Deadbeat Pro-Se Kimberlin’s dumbest moves in any of the case he filed against me.

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The Gentle Reader may remember that I have filed a motion for sanctions against The Dread Pro-Se Kimberlin for failure to properly serve court papers on me in the Kimberlin v. Team Themis, et al. RICO2: Electric Boogaloo LOLsuit. I received this in the mail on Saturday. It appears to be an opposition to my motion.

Note: This is the first court document published under the new Hogewash! policy of not usually redacting signature blocks on public court documents.

Comments are open, but please don’t educate the midget on his mind-bogglingly stupid error.

UPDATE—A further note about redaction: In general, home addresses and home telephone numbers will still be redacted. Business contact information will not be.

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On 21 July, 2017, Judge Hazel filed his memorandum opinion granting summary judgment in Patrick Frey’s favor and bring the case Kimberlin filed in October, 2013, to an end. Of course, Kimberlin appealed, and of course, he lost in the Fourth Circuit as well.

Now that case has been dead for over five years, I suppose I can point out the worst of Kimberlin’s errors in that filing. It violated one of the requirements of the case management order it cites—

No motion, opposition, or reply may contain any redundant, immaterial, impertinent, or scandalous matter, or any ad hominem attack on any party, any Judge or employee of this or any Court, or any other person.

Incompetent is as incompetent does.

I’m Not Making This Up, You Know

Twitter has tagged this morning’s astronomy post as “sensitive” …… even though they have removed the tags from several earlier astronomy posts.When I responded to their survey, I pointed out the lack of transparency in their appeal process. The only response I’ve received was the notification shown above. Because they have continued tagging (eg., this morning’s post), the process is either still random or out of control. In no case can it be considered “fair” yet.

Team Kimberlin Post of the Day

After I wound up as a defendant in several First Amendment lawsuits, I began doing volunteer paralegal work supporting other bloggers defending their free speech rights. A large part of that work has been proofreading court papers. The TKPOTD for eight years ago today included some proofreading I offered to The Dread Deadbeat Pro-Se Kimberlin.

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The Dread Pro-Se Kimberlin clearly needed some editorial help with his omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness.ECF 231-21#FixedItForYou

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I’m not done with him yet.

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

Being one of the targets of Brett Kimberlin’s lawfare was a serious problem, but one that required mockery as part of the response. His first LOLsuit listed seven causes of action, some of which weren’t things that can be the subject of a lawsuit. Part of my response was to suggest that he forgot to include Mopery With Intent to Lurk among his laundry list of claims. Nine years ago today, one of the Gentle Readers joined in the pointage, laughery, and mockification.

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SuedByDrEvilImage Credit: @bet0001970

Stacy McCain has more here.

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If you click on the link to the @bet0001970 Twitter account, you’ll find than as with so many conservatives on Twitter, her account has been cancelled.