Team Kimberlin Post of the Day


Alinksy’s Rule 5 states that “Ridicule is man’s most potent weapon,” and pointage, laughery, and mockification have been key tools in confronting Team Kimberlin’s lawfare. Take Exhibit J from four years ago today for example.

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I normally would save something like the following for a Team Kimberlin Post of the Day, but I’ve been laughing so hard and shaking my head for so long over this one that I’m going to share it now.

I’ve been slogging my way through The Dread Pro-Se Kimberlin’s responses to four of the motions to dismiss the Kimberlin v. The Universe, et al. RICO Madness. In paragraph 23 of his Response to Defendant DB Capitol Strategies Motion to Dismiss TDPK tries to allege that DB Capitol Strategies was engaging in fraud because it operated a legal fund in support of Aaron Walker’s suits against Brett Kimberlin in 2012. He cites as evidence his Exhibit J, a blog post from Crooks and Liars.Exhibit JThe best “evidence” he can come up with an unsourced blog post by Matt Osborne, Alex Brant-Zawadzki, Bill Schmalfeldt, and Melissa Brewer?

#ROTFL

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In the end, The Dread Deadbeat Pro-Se Kimberlin’s inept court filings were not only occasionally comic, they’ve been total failures. Of the dozen civil cases he’s filed since the beginning of 2012, only two survived motions to dismiss. Of those two, the Kimberlin v. Walker, et al. trial was terminated in the defendants’ favor because TDPK failed to state a case that could go to a jury, and the Kimberlin v. Hoge peace order petition was denied because he could not show that I had engaged in harassment of Tetyana Kimberlin’s daughter.

Failing failures gotta fail.

Team Kimberlin Post of the Day


When I started writing about Brett Kimberlin and his use of lawfare to suppress the First Amendment rights of his critics, I had no idea that he would be stupid enough to sue me, but he did, and dealing with him as been a pain the neck (or maybe a couple of feet lower). One bit of comic relief has come from watching his incompetence as a litigator in court. The TKPOTD from three years ago today described one of his botched attempts to use me as a witness.

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Here’s another exchange between The Dread Pro-Se Kimberlin and me when he had me on the stand as his witness during the Kimberlin v. Walker, et al. nuisance lawsuit. TDPK was struggling to get documents into evidence and was trying to get me to authenticate incomplete and altered copies of blog posts.

MR. KIMBERLIN: Can you authenticate those?

MR. HOGE: No.

MR. KIMBERLIN: You can’t authenticate them.

MR. HOGE: No, not without the complete context of all the blogs to make sure that nothing’s altered.

MR. KIMBERLIN: Take a look at this, oops, identified as Plaintiff’s Exhibit 19 —

MR. HOGE: I can’t identify this as being from my blog. It says it’s a page 2 of something, but I can’t identify it.

MR. KIMBERLIN: Page 2 from Hogewash —

MR. HOGE: It might —

MR. KIMBERLIN: What is the name of your blog?

MR. HOGE: I have, that’s the name of my blog but that would not be the way my blog would format a page. So no, I can’t authenticate it.

You’d think that someone with experience with “over a hundred” lawsuits would have a better grasp of the rules of evidence. OTOH, he’s lost almost all those suits.

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I have to admit that not everything at the Kimberlin v. Walker, et al. trial went as I expected. Going in, I thought that we defendants would have to present a defense, but Judge Johnson ended the trial after The Dread Deadbeat Pro-Se Kimberlin rested his cases. He found that TDPK had not presented any evidence to support his claims and granted judgment in the our favor.

He always seems to come up a bit short.

Team Kimberlin Post of the Day


Every means The Dread Deadbeat Pro-Se Kimberlin has used to try to sell the false narratives he has created to attack those of us who have fought against his use of lawfare to suppress ourFirst Amendment rights as failed. Abjectly. For example, he has repeatedly tried to spin my effort to have the peace orders issued against Bill Schmalfeldt enforced as proof of malice toward TDPK. The TKPOTD from three years ago today focused on TDPK’s attempt to sell that narrative during his direct examination of me during the Kimberlin v. Walker, et al. LOLsuit. (Direct examination? Yes, he called me as one of his witnesses.)

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This exchange occurred when The Dread Pro-Se Kimberlin put me on the stand as his witness during the Kimberlin v. Walker, et al. nuisance lawsuit that he lost last August.

MR. KIMBERLIN: Have you filed any, do you know a reporter named, or an individual named Bill Schmalfeldt?

MR. HOGE: Yes.

MR. KIMBERLIN: Have you filed 367 criminal charges —

MR. OSTRONIC [my lawyer]: Objection.

MR. KIMBERLIN: — against Bill Schmalfeldt?

THE COURT: Sustained. That is the most leading question I have ever heard.

MR. KIMBERLIN: Okay, have you filed any charges against Bill Schmalfeldt?

MR. OSTRONIC: I’m still going to object.

THE COURT: Sustained. You can’t tell the person the answer to the question in the question.

MR. KIMBERLIN: Okay, okay —

THE COURT: That’s what a leading question is.

MR. KIMBERLIN: Do you know Bill Schmalfeldt?

MR. HOGE: Yes.

MR. KIMBERLIN: Have you ever filed any charges against him?

MR. HOGE: Yes.

MR. OSTRONIC: Objection.

THE COURT: Overruled.

MR. KIMBERLIN: How many?

MR. HOGE: It’s some place north of 360 for multiple violations of a peace order.

MR. KIMBERLIN: So 367 criminal charges. My question what were the results, simple question were they nolle prossed?

MR. HOGE: At my request.

MR. KIMBERLIN: And you filed, why did you file, what got Mr. Schmalfeldt on your —

MR. OSTRONIC: Objection, Your Honor, this can’t be — defamation of him.

THE COURT: Sustained. What does Mr. Schmalfeldt have to do with this?

MR. KIMBERLIN: Okay, I’m only trying to show that these individuals attack anyone who supports me. He’s a reporter. He wrote a story —

MR. OSTRONIC: Objection.

THE COURT: Well that’s not a cause of action.

MR. KIMBERLIN: Okay, and what happens?

THE COURT: It’s not a cause of action whether they – – even if they did that it’s not a cause of action.

MR. KIMBERLIN: It goes to malice. It goes to malice, Judge.

THE COURT: For someone else to be, no. Ask another question, if you have one.

TDPK tried to convince the court that my efforts to have a peace order enforced against Bill Schmalfeldt was proof of malice against Kimberlin.

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The court’s question about what Schmalfeldt had to do with the Kimberlin v. Walker, et al. case had two answers. The first answer, responding to the immediate claims TDPK was making in that LOLsuit, was nothing. The second, in the sense of background to Team Kimberlin’s overall campaign of lawfare, was quite a lot. TDPK was very lucky that the court shutdown that line of questioning.

Nothing proceeded as TDPK had imagined.

Yours Truly, Johnny Atsign


ANNOUNCER: From Westminster, it’s time for —

SOUND: Skype rings once. Receiver picked up.

JOHNNY: Johnny Atsign.

DEEP VOTE: (Telephone Filter) Good evening, Mr. Atsign.

JOHNNY: Yes?

DEEP VOTE: (Telephone Filter) I have some more information for you. Meet me at the usual place and time.

SOUND: (Called Party’s POV) Line hung up. Dial tone.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

Team Kimberlin Post of the Day


False narratives—they’re things that The Dread Deadbeat Pro-Se Kimberlin spreads. The TKPOTD from three years ago cites this example:

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When Brett Kimberlin isn’t lying, he’s often shading the truth so as to mislead. Consider this from paragraph 43 of his omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness.ECF 231-43Notice that Kimberlin does not say that he was involved in the production of any of those films. He says that he promoted them. Note also that he doesn’t say the his songs and videos were “award winning.” The sentence is a flimsy attempt to inflate Kimberlin’s standing in the music world. It’s all quite consistent with something reported by Mark Singer in Citizen K.

On page 310 he writes:

When I compared Kimberlin’s renderings of certain incidents with the recollections of other witnesses, the recurring theme of “jumping the connection” almost always emerged. When a dope dealer jumped a connection, he eliminated a middleman, hoping to cut his costs without increasing his risk. Now, both literally and figuratively, it seemed that Kimberlin had this same habit. Figurative instances were narratives in which he claimed center stage, though in reality he’d participated at a distant remove or not at all. Or, when it suited his purposes, he might do just the opposite, ascribing to others acts he had performed himself.

Lying liars gotta lie.

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And TDPK keeps getting caught at it over and over again.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin’s lawfare has foundered on the rocks of a group of defendants willing to vigorously defend our First Amendment rights. As the TKPOTD from three years ago today shows, we haven’t pulled in punches while defending ourselves.

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Here are some words that bear repeating. They’re from replies filed by some of my codefendants in The Dread Pro-Se Kimberlin’s RICO Madness, Kimberlin v. The Universe, et al.

First, from Ron Coleman, representing Patterico, Mandy Nagy, and Ace of Spades blog:

Brett Kimberlin may have changed his terroristic tactics from the random acts of bombing for which he was convicted, to targeted acts of ruthless “lawfare” – but his new tactics are still corrosive to fundamental values of free speech and commentary. If plaintiff disagrees with defendants’ speech, his remedy is more speech, not saddling his critics with frivolous litigation brought to silence voices on the Internet that may talk about his past. While Brett Kimberlin has not set off any bombs against these defendants, he does seek to use the United States District Court as a weapon against these defendants and to punish them for telling the truth about his violent and dishonest criminal history.

Next, from Michael Smith, representing Michelle Malkin and Twitchy:

This country long has recognized that the remedy for speech with which one disagrees “is more speech, not enforced silence.” Whitney v. California, 274 U.S. 357, 377, 47 S. Ct. 641, 71 L. Ed. 2d 1095 (1927) (Brandeis, J., concurring). Mr. Kimberlin is trying to impose silence on speakers with whom he disagrees, and while his chosen tactic obviously differs from that of the terrorist who shoots up a satirical newspaper, the chilling effect on speech if he is allowed to continue would be largely the same.

During the preliminary matters during the Kimberlin v. Walker, et al. nuisance lawsuit tried in state court last August, Judge Johnson asked TDPK the following question:

Is there any other ticking time bomb — well, that’s a wrong metaphor. Are there any issues laying out there that are going to come up that you can envision?

Maybe that was the right metaphor after all.

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Most of my codefendants and I never limited ourselves to punching back only twice as hard, and TDPK has lost every LOLsuit he’s filed against us.

Team Kimberlin Post of the Day


Yesterday, I posted an example of The Dread Deadbeat Pro-Se Kimberlin’s poor litigation chops. Here’s another example from the TKPOTD from five years ago today.

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On 29 June, 2012, there was a hearing in Montgomery County District Court for a peace order petition that TDPK had filed against one John Norton. Brett Kimberlin was in his usual form. While I don’t have an official transcript of the hearing, Aaron Walker has transcribed portions from audio that he obtained from the court.

TDPK claimed that Mr. Norton had been lurking in the bushes in front of the Kimberlin residence. In the transcript below K is Brett Kimberlin and J is the judge. TDPK said that he was going to pick up his 8 year old daughter from a neighbor’s house—

K: And so I walked out of my door, to go pick her up, and I see a man lurking behind the bushes in the corner of my property and I was kind of taken aback by it. But I kept walking toward my car because I had to pick my daughter up.

J: Now was that in the general direction of where the man was in the bushes or in the opposite?

K: The man was facing the road, the— to the left of the— on the left side of my house there’s some bushes towards the road and my car was right in front of my house.

Lurking in the bushes? As I type this, I’m looking at the Google Street View image of the Kimberlin residence. Looking from the street, there’s a small shrub that appears to actually be on the property next door by the neighbor’s driveway. It’s “on the left” as seen from that point of view. There’s also a even smaller shrub at the opposite front corner of the Kimberlin lot. It appears to be about as tall as the fire hydrant in front of it. I’m not sure how one would lurk in those bushes.

K: And so I turn around, obviously I was concerned about my daughter. You know, I didn’t know if anything had happened to her, I was scared, so I turned around and I went to the neighbor’s house. She was right there in front of the house. I put her in the car and Mr. Norton is driving away, and so I—

J: Have you ever seen this man before?

K: Never seen him before in my life.

J: Every seen the car before?

K: Never seen the car before.

J: Alright.

K: So I followed the car, and went around the corner, and there was a stop light. I pull up behind him and he’s… again it’s a convertible, and he reaches around with a camera, again, and takes more pictures of me. I gave him the finger, I admit it, you know, I don’t like a guy coming out in front of my house taking pictures of me and my kid.

He’s concerned that this lurker might be dangerous, so he puts his daughter in the car and chases after the guy.

Uh, huh.

So what was Mr. Norton’s side of the story? In the transcript below N is John Norton and Lis his lawyer.

L: Did there come a time when you ended up coming into contact with Mr. Kimberlin?

N: Not any physical contact, but he did chase me down in his car, the picture he showed, shows him behind me, flipping me off. I don’t know why he chose to chase me down. I was not on his property, I have stopped my car on [Kimberlin’s street name omitted].

L: What brings you on [Kimberlin’s street]?

N: It is a bail out route on my commute.

L: And where is your commute?

N: I commute between Bethesda, Maryland, and Fairfax, Virginia.

Chased him down?

L: And on June… what’s the date here? June 15, is it? June 15, you said, what brought your attention— what caused you to take out your phone and take a picture of the car behind you?

N: When I was on River Road, I saw what turned out to be Mr. Kimberlin’s car driving erratically, cutting in and out of lanes, trying to catch up to me, tailgating me. We reached the stoplight at River and Burdette, he pulled up… you can see how close in the picture, how close it was. He… he pulled out a pen and [unintelligible] furiously scribbingly as if he wanted me to know he was writing something down, he was revving the engine in his car, and for me, I thought, “some crazy person is chasing me down, I need some evidence, I need some protection.” So I picked up my phone and shot about seven seconds of video, from which the picture of him flipping me off was taken as a framegrab.

TDPK claimed that he was freaked out when Seth Allen reposted the picture of him flipping off Mr. Norton.

K: The picture of my car, that was posted on the internet by the client of the man that I had the peace order against. So I get kind of freaked out that, you know, this guy is somehow related to the guy who I had a peace order against, Mr. Walker.

Note that Mr. Allen could not have posted the photo before or during TDPK’s chase of Mr. Norton. In any case, Mr. Norton had no association with either Mr. Allen or Mr. Walker.

L: Now, are you associated with Aaron Walker, any [sic]?

N: I am not.

L: Okay. And, did you go to his house on June 15, to take pictures, get out of your car and take pictures?

N: I did not go to Mr. Kimberlin’s house. I did not get out of my car. I did not take pictures at his house.

L: Alright. And what caused you to post the picture of Mr. Kimberlin flipping you off on the internet?

N: Well, first of all, for protection to make sure that it was publicized, that someone had chased me down and was flipping me off. And also, honestly, I thought it was kind of funny.

We have two different stories. One is told by a reputable citizen with nothing more that traffic tickets on his record, and that story is corroborated, at least in part, by other evidence. The other is told by a convicted felon, one of who’s crimes is perjury, and that story is contradicted by other evidence. Who would you believe?

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The dueling peace order petitions filed by TDPK and John Norton resulted in the petition against Mr. Norton being dropped and the petition against Kimberlin being granted. TDPK’s attempt at brass knuckles reputation management backfired.

Oh, one more thing … I’ve been told that Mr. Norton is a veteran and that he served in an EOD unit.