Team Kimberlin Post of the Day

Not only are the members of Team Kimberlin liars, the voices that they hear are liars as well. The TKPOTD for ten years ago today dealt with such lies.

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Cabin Boy Bill Schmalfeldt has been listening to the voices again.TS201309182123Z

Of course, I’d like to get out of any lawsuit as easily as possible, and I have offered to settle my portion of the Kimberlin v. Walker et al. suit for a payment to me from Brett Kimberlin of $1,000,000. If Kimberlin wants to get out of the hole he’s digging for himself on the cheap, he can accept my offer. Otherwise, the suit will have to go forward.

Oh, one more thing about that offer to settle … It’s good until my answer to Kimberlin’s complaint is filed with the court. Beyond that point, the case will be in my lawyers’ hands, and settlement is likely to be more expensive for Brett Kimberlin.

As for what anonymous blogger Kimberlin Unmasked is up to, I know generally what’s happening, but it will be much more fun to save that surprise for later.

Meanwhile, all the defendants in this farcical lawfare of Kimberlin’s have real lives in the real world. We will be tending to them and not spending much time chattering about a frivolous lawsuit on the Interwebz. Oh, we’ll be working together and with the attorneys to defeat the suit, but that won’t be the sum total of our lives. While I don’t expect any of us to waste time trying the case online, all of us will blog or tweet about it from time to time.

Stay tuned.

* * * * *

Nothing proceeded as Team Kimberlin hallucinated.

Team Kimberlin Post of the Day

The basic purpose of Brett Kimberlin’s lawfare was to censor truthful reporting of his past and present activities. He even tried to have keep sealed some of the false criminal complaints he filed so that he could not be used as evidence in lawsuits alleging he engaged in malicious prosecution. The TKPOTD for seven years ago today dealt with one such Kimberlin filing.

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I’ve mention in previous posts that The Dread Pro-Se Kimberlin is trying to keep as much of his past malicious lawfare covered up as possible. Thus far, Aaron Walker and I have had good success getting cases opened up so that their records can be used in the Walker v. Kimberlin, et al. and Hoge v. Kimberlin, et al. lawsuits. Earlier this month, Aaron was successful in getting the expungement vacated in the State v. Walker harassment case which resulted from one of TDPK’s perjured Applications for Statement of Charges filed in July, 2013.

Last week, TDPK filed this motion for reconsideration seeking to have the expungement reinstated.

This deserves some fisking.

The statement in paragraph 1 that Kimberlin “is the one who asked for this case to be expunged” is false. According to the case docket, the request for expungement came from the State’s Attorney’s Office simultaneously with their dropping the charge. Judge Wolfe expunged the case before any notice was sent to either Kimberlin or me on the disposition of the case. Indeed, Judge Wolfe stated during the hearing on Aaron’s motion that the State’s Attorney’s Office was the source of the request for expungement.

Also, Kimberlin is wrong that Art. 47 of the Maryland Constitution gives him any rights as the “victim of a crime.” First, the Maryland Constitution only has 19 articles. Second, Art. 47 of the Maryland Declaration of Rights deals with cases proceeding in the Circuit Courts. The 2013 State v. Walker case was in the District Court. Third, Kimberlin isn’t the victim of a crime as far as that case is concerned.

Paragraph 2 repeats the lie about “close to 400 criminal and civil legal actions …” Debunking it is becoming rather tiresome.

The assertion in paragraph 3 that Aaron’s potential use of the documents related to TDPK’s malicious prosecution of him somehow gives him standing to oppose the expungement amounts to an admission against interest.

Paragraph 4 is another lie. Although Kimberlin isn’t a party to the 2013 State v. Walker and wasn’t entitled to be served with a copy of the motion seeking to vacate the expungement, Aaron did serve a copy of the motion on Kimberlin. Moreover, TDPK writes about Aaron’s motion to vacate in the Kimberlins’ opposition to Aaron’s motions for summary judgment.bk_tk-opp-msj-4That opposition was filed on 12 August, a week before the hearing on Aaron’s motion. If Kimberlin had not been served, he would have had no way of knowing that a motion had been filed in an expunged case. Note that he lied to the Circuit Court by saying that Aaron had been unsuccessful when the motion had not yet been heard. Further, the case had not been sealed by the Circuit Court; it had been expunged by the District Court.

He’s in over his head.

* * * * *

Of course, Kimberlin came up short with his motion.

Oh, and here’s Vigilans Vindex’s cartoon comment to the original post.

Team Kimberlin Post of the Day

One of the important steps in suing someone is serving them with the various court papers required, especially the complaint which starts the suit. Ten years ago today, I ran this post titled At Your Service.

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A defendant must be served for a lawsuit to go forward against him. So far, Brett Kimberlin has been able to serve two of the defendants in his Kimberlin v. Walker et al. boondoggle in the Circuit Court for Montgomery County, Maryland. Aaron Walker and I have been served. The other three defendants have not.

Apparently, Kimberlin does not know where Stacy McCain and Ali Akbar live. I don’t either, at least, not exactly. I know generally where they live, but not their street addresses. Neither lives in Maryland. They aren’t hiding, but they have no obligation to make it easy for Kimberlin to serve them.

Of course, Kimberlin Unmasked hasn’t been served. Brett Kimberlin doesn’t know the identity of that anonymous blogger. Neither do I

I have been served, and as a Maryland resident my responses to the suit are due on a tighter schedule than the out-of-state defendants. That work is in process, and I intend to respond to the suit in a timely manner. Ken White has put up the Popehat Signal; I expect that will generate a great deal of interest in the case.

@BretbartUnmasked tweeted at me today that I should offer to settle the case out of court. I responded with an offer to drop the matter if Brett Kimberlin were to pay me a settlement of $1,000,000. That was not a facetious offer. If Kimberlin wants to get off on the cheap, he should take it.

UPDATE—I’ve been doing a bit of fact checking. Under Maryland Rule 2-121, service of process may be accomplished by “certified mail requesting: ‘Restricted Delivery—show to whom, date, address of delivery.'” The package sent to Stacy McCain was not mailed to his correct address, nor was it signed for by him. It is my understanding that service was not complete given those facts.

* * * * *

Kimberlin could have made is life much easier if he’s accepted my settlement offer. I’m not done with him yet.

Team Kimberlin Post of the Day

During his first couple of SLAPP LOLsuits against me and several other bloggers, Brett Kimberlin sought preliminary injunctions against my codefendants and me. The TKPOTD for nine years ago today looked at how that went for him.

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The Dread Pro-Se Kimberlin wanted a preliminary injunction in the Kimberlin v. Waker, et al. nuisance lawsuit that would have required Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me to take down everything we had posted on the Internet concerning him. His request was denied.

He sought permission to file a similar motion in the Kimberlin v. The Universe, et al. RICO Madness, but when he was told what limitations would be placed on his filing, he chickened out, saying that he would file yet another vexatious lawsuit and seek a preliminary injunction through it.
popcorn4bk

I now state for the record that I have decided to file a separate federal lawsuit against those defendants for conduct outside the current case, and I will file the preliminary injunction motion under that case number.

Go ahead. Make my day.

* * * * *

Kimberlin kept trying to make good on his threat of “lawsuits for the rest of their lives.” He sued me again and again, and he lost every time because of his incompetence at putting together a competent legal complaint.

A man’s got to know his limitations.

Team Kimberlin Post of the Day

Whenever the adverse parties in any of Brett Kimberlin’s LOLsuits sought to have a court compel him to comply with discovery requests, Kimberlin objected to being required to play by the Rules. Seven years ago today, I published one oppositions, and it was Strong Stuff!

* * * * *

The Kimberlins strongly object to any continuance of the trial in the Walker v. Kimberlin, et al. lawsuit—especially if the delay is for the purpose of forcing them to comply with discovery.

The version I’ve posted to Scribd is what was served on Aaron Walker. Here’s the electronic docket entry for the Kimberlins’ strong opposition—398855v-di266

It was entered on the docket on 1 September.

Here’s the certificate of service from the version served on Aaron—di-266_certpopcorn4bkIt’s dated the 6th, five days after the strong opposition was entered on the docket. This discrepancy leads me to strongly suspect that The Dread Pro-Se Kimberlin has been diddling with service again and is about be caught again.

Everything is proceeding as I have foreseen.

* * * * *

The comments to the original post were full of pointage, laughery, and mockification, including this cartoon from Vigilans Vindex—

Team Kimberlin Post of the Day

This post from eleven years ago today discussed on of the consequences resulting from one failed bit of Brett Kimberlin’s lawfare. It was titled #BrettKimberlin Hoist By His Own Petard.

* * * * *

When Brett Kimberlin went to court on Wednesday, he came out the loser. He had started the ball rolling by seeking a peace order against John Norton. At the end of the process, John Norton was free and clear, but Brett Kimberlin still had the peace order filed by Mr. Norton against him on the books. The expression hoist by his own petard comes to mind, and it fits especially well in this case.

You see, a petard is an explosive charge used to breach the gate or wall of a fortification. Back in the 16th and 17th centuries, a sapper would run up to the enemy wall, attach the bomb, and run away. If the petard’s fuze burned too quickly, the sapper could wind up flying through the air, thrown by the force of the blast—hoist by his own petard.

If the shoe fits, …

Tick, tick, tick, tick, …

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Heh.

Team Kimberlin Post of the Day

Of all the despicable things Brett Kimberlin has done with his lawfare, his inclusion of Mandy Nagy as a defendant may be the absolute lowest. The TKPOTD from six years ago dealt with his including his appeal of the RICO Remnant LOLsuit.

* * * * *

The Dread Pro-Se Kimberlin filed the RICO Retread LOLsuit against most of the defendants dismissed from the original Kimberlin v. The Universe, et al. RICO Madness LOLsuit in April, 2015, and I was dismissed from the Retread LOLsuit in April, 2016. Kimberlin voluntarily dismissed the remaining defendants, the National Bloggers Club, Patrick Frey, Ali Akbar, and Mandy Nagy, in June, 2016. TDPK then filed an appeal with the Maryland Court of Special Appeals naming the following appellees: the National Bloggers Club, Breitbart News Network, DB Capitol Strategies, Dan Backer, Patrick Frey, Lee Stranahan, Ali Akbar, Aaron Walker, and me.

So TDPK appears to be appealing his own voluntary dismissal of the National Bloggers Club, Ali Akbar, Patrick Frey, and Mandy Nagy. Mandy Nagy will probably never sufficiently recover from her stroke to be able to participate in her own defense. Continuing to go after her, especially after dismissing her from the case, strikes me as particularly despicable.

The Court of Special Appeals took the matter under advisement in late June. Normally, they take six to eight weeks to issue an opinion, so I hope we will have a ruling soon.

Stay tuned.

* * * * *

Here’s the comment Vigilans Vindex left to the original post.

res_judicata_mugsBTW, Kimberlin lost his appeal. The Court of Special Appeals found “Kimberlin’s second lawsuit is, therefore, barred by res judicata.”

Res Judicata coffee mugs are available at The Hogewash Store.

Team Kimberlin Post of the Day

The TKPOTD for ten years ago riffed on the running gag that Team Kimberlin was buying their legal advice from the same Acme that sold all those fine products to a certain coyote.

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The source of Cabin Boy Bill Schmalfeldt’s “legal” briefs has been found—Acme Underwear.team_kimberlin_brief

* * * * *

Later that day, I engaged in a bit of shameless commerce related to Acme.

* * * * *

the-acme-catalogFrom the purveyors of “legal” advice to Cabin Boy Bill Schmalfledt—iron birdseed, anvils, fake holes, and more—for years The ACME Company has been the sole purveyor of the fine products used by Looney Tunes characters. Chronicle Books is proud to present an exclusive catalog featuring ACME’s must-have, best-selling line of items, each guaranteed to promote a happy* life provided that they are used properly.** Including ACME classics and entirely new and untested items, the ACME Catalog showcases 100 products untarnished by government regulations. There’s something here for everyone. An extruder that doubles as a pasta maker for Grandma. A roof-mounted catapult for Dad. And what about a little jet-powered pogo stick for yourself? Each item is matched with a thorough product description, the price, and the shipping cost. As always, the ACME Company brings corporate identity sans responsibility to everything sold with its label. Please note that the ACME Company has no retail outlets or web site. In other words, this catalog is the only way for consumers to access this highly sought-after ACME line.

*”Happy” being relative to the level of one’s acceptance of fate.
**Liability is limited to the competence of the user.

LOONEY TUNES and all related characters and elements are trademarks of Warner Bros. Entertainment Inc.

Click here to order from Amazon.

marvin_acme

UPDATE—Marvin Acme wore bow ties.

* * * * *

I recently found this motivational poster on X.Given their level of incompetence, I doubt Team Kimberlin could ever hit what they’re aiming at.

Team Kimberlin Post of the Day

This episode of Yours Truly, Johnny Atsign first ran nine years ago today.

* * * * *

Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Cell phone rings four times.

JOHNNY: Johnny Atsign.

AARON: (Telephone Filter) Hey, Johnny, where are you?

JOHNNY: Off fishing. I told you guys that I was taking a break.

AARON: (Telephone Filter) I know, but where?

JOHNNY: It’s a secret spot. I’m near the headwaters of a river. I’m standing in in one state, and the stream is so narrow up here that I can bounce flies off the bank of the next state.

AARON: (Telephone Filter) I don’t need to know your exact location. What I want to know is how quickly you can get back.

JOHNNY: If I have things my way—several days. If it’s important, I can be back tomorrow morning.

AARON: (Telephone Filter) It’s important.

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

This episode of Yours Truly, Johnny Atsign was first rerun eight years ago today.

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Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Cell phone rings twice.

JOHNNY: Johnny Atsign.

PRODUCER: (Telephone Filter) Johnny, where are you? We’re coming up on the deadline for today’s program.

JOHNNY: I’m in the Caribbean. Didn’t they tell you?

PRODUCER: (Telephone Filter) No. Have you gone fishing again?

JOHNNY: No. This is business.

PRODUCER: (Telephone Filter) Great! What I’m supposed to do for this week’s episode.

JOHNNY: Recycle an old one, I guess. Look, this case will make a great set of episodes, but I’m not at the bottom of things yet.

PRODUCER: (Telephone Filter) OK. I’ll see what I can rustle up. Continue reading

Team Kimberlin Post of the Day

Brett Kimberlin told many lies about me and my fellow codefendants in various court filings. He was usually careful to never repeat them in an unprivileged context that would allow him to be sued for defamation. The TKPOTD for eight years ago today was about one such lie.

* * * * *

This is from The Dread Pro-Se Kimberlin’s Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.ECF 1-65

popcorn4bkThese are what lawyers call conclusory allegations, that is, they are offered with no evidence to support them. TDPK makes those allegations without actually specifying when or where or how we did any of those things. Come Thursday, we’ll see what Judge Mason thinks about them as he rules on the various defendants’ motions to dismiss.

Stay tuned.

BTW, the most recent blog post that I’ve published about a trip to the range was in 2013.

* * * * *

Of course, I’ve been to the range and posted about it several times since 2015. I’m tolerably good, but I really am the worst shot in the family.

This five-round group was from a Henry lever action .22 at 25 yards.

Team Kimberlin Post of the Day

This episode of Yours Truly, Johnny Atsign first ran seven years ago today.

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Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

GRAYSON: (Telephone Filter) Johnny, It’s Peter Grayson.

JOHNNY: Well, I haven’t heard from you for while. What’s up, Peter?

GRAYSON: (Telephone Filter) More legal nonsense. The Grouch has filed another LOLsuit against me.

JOHNNY: How many does that make? Three?

GRAYSON: (Telephone Filter) Four, if you count that peace order. I’d like to send you a copy of the complaint and have you mark it up with notes referring to evidence you have on hand.

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

One of the reasons whey Team Kimberlin lost right LOLsuits against me and saw every single one of their false criminal complaints and peace order petitions bite the dust was because my reporting on them has been true. The bulk of their stories about those of us writing about them were made-up lies. Ten years ago today, I cited #NealRauhauser’s Latest Fiction as an example.

* * * * *

I haven’t had much to say about First Mate Neal Rauhauser of late, but he’s put up a post on his blog today (No, I won’t link to it.) that contains some nonsense related to Team Kimberlin’s harassment of me.

Only one of the peace orders was ever approved and it denies the right of a journalist to even mention someone by name on Twitter. The judge appeared to have confused the use of the @mention with the sending of a point to point communication, but the end result has been fantastic – the appellate court took one look at the case and promptly referred it to the Maryland Supreme Court.

Other happenings in Maryland include an assault outside a courtroom, threats to judges and prosecutors, a courthouse cleared with a bomb threat, and some other things which are not public, but which all add up to a textbook definition of hate group tactics. Law enforcement has cause to act at the state level in Maryland and I strongly suspect there is already something in the federal pipeline. The smear machine behind this derpy ‘war’ on the Obama administration is under fire from GOP strategist Karl Rove and it’s literally one indictment short of tearing itself to pieces.

<fisking>I assume the peace order FMNR is talking about is the one issued against Cabin Boy Bill Schmalfeldt. It does not deny anyone’s right to mention anyone else by name on Twitter. The order forbids the Cabin Boy from contacting, attempting to contact, or harassing me. It’s not rocket science to figure out how to write about someone without contacting or attempting to contact him. I’m doing that about Neal Rauhauser right now. And anyone who stayed awake in Journalism 101 should be able to write about someone else without engaging in harassment.

The judge was not confused about how an @ mention works on Twitter. He had the Twitter Rules and Best Practices in front of him, and he read that

[y]ou can direct a Tweet at a specific Twitter user using @replies and mentions.

He took that to mean what it says—including @username in a tweet directs it to the username account.

The Court of Special Appeals kicked the appeal upstairs to the Court of Appeals because that’s where it should have been filed in the first place. The Cabin Boy filed his appeal with the wrong court. I’ve been aware of that all along, but it’s not my place to help him.

An assault outside of a courtroom? When? Where? The only altercation I’m aware of occurred when Pedi Officer No-Class Gillette verbally harassed Tetyana Kimberlin after a protective order hearing. There was no physical contact, and a bailiff detained Craig Gillette so that Mrs. Kimberlin could leave the courthouse in peace.

Threats to judges and prosecutors? When? Where?

Oh, yeah, the bomb threat. It was on the day that several charges against members of Team Kimberlin were to be dropped in District Court. A Pennsylvania woman was arrested in connection with that bomb threat to the Carroll County Circuit Courthouse. After Carroll County Sheriff’s detectives learned who had made the call, she was located at her Littlestown, Pennsylvania, residence and was taken into custody by the Littlestown Police Department on an unrelated arrest warrant for failure to appear for trial in Carroll County. She had been scheduled to appear on charges of driving without a license. Although the threat was to the Circuit Courthouse, the District Courthouse was cleared as well.

And other things which are not public … Yeah. Right. I’m sure the public will be informed when something good enough has been cooked up.

The one thing FMNR does have right is the potential involvement of state and federal law enforcement. Some of the Maryland matters under investigation are typically handled by state agencies. And the feds are nosing about as well. For instance, failure of a federal sex offender to register is usually handled by the U. S. Marshals.

Oh, and I don’t particularly care for Karl Rove either.</fisking>

I’m sure First Mate Neal took great satisfaction in spinning his tale, but I doubt that the Cabin Boy would have take off one of his shoes to count the number of people who actually believe FMNR’s stuff.

UPDATE—I should point out that I wrote the post above from the point of view of an eyewitness. Neal Rauhauser wrote his piece based on hearsay. He never attended any of the court dates. Neal is a fugitive. If he had shown up at a courthouse, the bailiffs would have served the outstanding New Jersey arrest warrants on him.

* * * * *

Lie liars gotta lie.

Team Kimberlin Post of the Day

After a round of defeats in state and federal court and with several investigations in progress, Bill Schmalfeldt fled from Maryland to Wisconsin. As I noted eight years ago today, Slinking Slinkers Gotta Slink.

* * * * *

Giant SlinkyIn honor of this weekend’s slinking, Hogewash! is pleased to make this special offer via Amazon

* * * * *

My post inspired a certain cockroach …

Heh.

Team Kimberlin Post of the Day

This episode of Yours Truly, Johnny Atsign first ran nine years ago today.

* * * * *

Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

AARON: (Telephone Filter) Johnny, It’s Aaron. We won.

JOHNNY: Congratulations! How long was the jury out?

AARON: (Telephone Filter) It didn’t go to the jury. The judge cut it off after The Bomber rested his case and gave us a directed verdict.

JOHNNY: Well, we knew that he didn’t have a case.

AARON: (Telephone Filter) Yes. And he proved that for us.

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! Continue reading

Team Kimberlin Post of the Day

Brett Kimberlin lost all of the LOLsuits he’s filed against the bloggers who wrote truthfully about him. All but one were killed off by motions to dismiss or summary judgment. This extract from a post from nine years ago today explains why he lost the only trial.

* * * * *

In order to prove a defamation case in Maryland, the plaintiff must prove that what the defendant said or wrote was false. Brett Kimberlin could not do that. After putting his older daughter, Aaron, Ali, Stacy, and me on the stand, he had produced no evidence of falsity. He had no case. With the jury sent out of the courtroom, Judge Johnson incredulously asked him, “Is it your theory that you can come into court and say, ‘I was defamed,’ and rest your case?” Because TDPK had offered no evidence for the jury to consider in its deliberation, the judge ruled that there was no case, and gave a verdict in favor of the Aaron, Stacy, Ali, and me as a matter of law.

* * * * *

It was that loss at trial that created defendants’ ability to rely on the legal doctrine of res judicata in motions to dismiss Kimberlin’s further LOLsuits.BTW, Res Judicata mugs, shirts, and more are available at The Hogewash Store.

Team Kimberlin Post of the Day

Today is the ninth anniversary of Brett Kimberlin’s losing the Kimberlin v., Walker, et al. LOLsuit. I was one of the et al. defendants. After I got to the courthouse for the last day of the trial, I posted this While We’re Waiting … article which laid out the basis for one of the perjury traps we had set for The Deadbeat Pro-Se Kimberlin.

* * * * *

The Kimberlin v. Walker, et al. trial was scheduled to resume at 9 this morning. There will be some preliminary matters and then opening statements by The Dread Pro-Se Kimberlin and Patrick Ostronic, the lawyer defending Aaron Walker, Stacy McCain, Ali Akbar, and me.

Meanwhile, here are a couple more of TDPK’s answers to my interrogatories.BK Interrog-11

Let’s compare that with other information that TDPK has provided about his wife’s age. This is from the Maryland Judiciary Case Search. Note that it shows a date of birth for her as 11/1980. That information was transcribed from the complaint that TDPK filed against his wife. In other words, he told the court that she was born in 1980.MJCS_TetyanaKimberlin

Do the math. 1996 – 1980 = 16.

Was he lying when he filed the complaint against his wife? Or did he lie on his answers to my interrogatories?

* * * * *

Judge Johnson stopped the trial after Kimberlin rested his case and granted judgement in the defendants’ favor because Kimberlin had failed to present any evidence (“not one scintilla”) to support his case.

In 2014, the Maryland law preventing convicted perjurers from testifying in court, but Judge Johnson ruled that Kimberlin would be allowed to testify. He didn’t testify in his own behalf, so he avoided being cross examined, and we never got him on the stand because we didn’t have to offer a defense.

Oh, and one more thing …

Qapla’

Team Kimberlin Post of the Day

It’s the ninth anniversary of the start of the Kimberlin v. Walker, et al. nuisance LOLsuit. After I got to the courthouse that day, I put up a short post While We’re Waiting …

* * * * *

… for the Kimberlin v. Walker, et al. case to be called, I thought I’d share this bit from The Dread Pro-Se Kimberlin’s answers to my interrogatories.BK_Interog_Hoge-25I couldn’t make up something like that no matter how hard I tried.

* * * * *

During discovery in the Hoge v. Kimberlin, et al. lawsuit, I served a copy of Citizen K on him so he couldn’t claim not to have one.

BTW, used copies of Citizen K are available at Amazon.

Team Kimberlin Post of the Day

There’s good news, and there’s bad news.

First, the bad news. The Justice Through Music Project YouTube channel is still active.Now, the good news. They haven’t bothered to post anything for a decade.

So there may have been at least one good thing to come from Brett Kimberlin’s focus on lawfare since 2012.

Team Kimberlin Post of the Day

My podcasting partner and former codefendant Stacy McCain dubbed Brett Kimberlin The World’s Worse Pro Se Planitiff™. The Prevarication Du Jour from eight years ago today cataloged one example of his incompetence.

* * * * *

This one’s from The Dread Pro-Se Kimberlin. It’s the first paragraph of his letter to Judge Hazel asking for him to rule on his motion to disqualify Paul Alan Levy from representing Ace of Spades in the Kimberlin v. The Universe, et al. RICO Madness.ECF 174-para1There’s a reason why the motion was never ruled upon. It was never accepted by the Court. The Clerk returned it to TDPK who never bothered to do what was necessary to properly refile it.

#StupidIsAsStupidDoes

* * * * *

He bragged about having filed over a hundred lawsuits when he threatened Patrick Frey with the legal action that metastasized into years of lawfare. He lost almost all of those hundred-plus suits, but he improved his record after taking on the blogosphere. Since 2012, he’s batted a perfect .000.

And he’s still the Speedway Bomber.

Team Kimberlin Post of the Day

The TKPOTD for six years ago today dealt with the fact that Brett Kimberlin will throw anyone under the bus. Anyone.

* * * * *

In the false Applications for Statement of Charges that The Dread Pro-Se Kimberlin filed against Aaron Walker and me in 2013, he stated that Tetyana Kimberlin has “a long history of mental illness,” and it appears from the transcript of one of the bench conferences during the the 2014 Kimberlin v. Walker, et al. trial that he intended to have Tetyana’s daughter testify to her mother’s alleged mental problems.

THE COURT: … but you’ve got to understand something, you are the party in this case, not your daughter. She’s not a party here.

MR. KIMBERLIN: I understand, but I need to put on, I need tho put this information on and I ask you to let me put this information on. She was listed as a witness.

THE COURT: The problem is what did she witness?

MR. KIMBERLIN: Well she witnessed the bipolar and present activity of my wife.

THE COURT: A 15-year old is not competent to testify about any bipolar —

MR. KIMBERLIN: Well she can testify —

THE COURT: That’s subject to an expert witness.

Kimberlin v. Walker, et al., Case No. 380966V, Transcript (Md. Cir.Ct Mont. Co. Aug. 12, 2104) at 48.

Of course, he wasn’t able to get away with that sort of claim when he and his wife were codefendants in the Walker v. Kimberlin, et al. trial.

MR. KIMBERLIN: Oh, the July 30th charges against you? I don’t believe that made any false statements. You know, in retrospect, I regret using the term mental illness. I’m not a doctor.

MR. WALKER: With regards to who, sir?

MR. KIMBERLIN: I’m not a doctor.

MR. WALKER: With regards to who? Who were you calling mentally ill?

MR. KIMBERLIN: My wife.

Walker v. Kimberlin, et al., Case No. 398855V, Transcript (Md. Cir.Ct. Mont. Co. Oct. 13, 2016) at 78.

[redacted]

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I wound up redacting my closing remarks for that post because I was too close to revealing private information that isn’t the public’s business.

The cockroach also had a [redacted] comment.

Team Kimberlin Post of the Day

One of the defendants Brett Kimberlin sued in in the RICO Retread LOLsuit was Manday Nagy. Mandy had suffered a debilitating stroke and could not participate in here defense, but Kimberlin sued her any way. The TKPOTD for six years ago looked at an exchange between Kimberlin and Judge Mason about why she was still in the suit.

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Almost two years ago, there was a motions hearing in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit. One of my codefendants was Mandy Nagy, and Mandy had recently suffered a debilitating stroke. Judge Mason engaged in the following exchange with The Dread Pro-Se Kimberlin during that hearing.

THE COURT: Let me ask you this as a practical matter if what you want to do is to stop this, why sue an incompetent person? Why don’t you just dismiss her and let’s get rid of this piece of it?

MR. KIMBERLIN: I have, I’ve been in discussions about doing that over the last couple of weeks.

THE COURT: Okay, well let’s bring them to an end. Why are you going to pursue an incompetent person? Strategically how does that help you?

Eventually, TDPK did dismiss Mandy from the RICO Retread LOLsuit in order to bring the case to an end in the Circuit Court so that he could file his appeal. He then included her as one of the appellees.

Jerk.

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Jerk is too mild a characterization of Kimberlin’s behavior. In a comment to the original post, my podcasting partner Dianna Deeley described Kimberlin’s actions a “wicked.”

Indeed.

I’ll add this—

Don’t be deceived. God is not mocked, for whatever a man sows, that he will also reap.

—Galatians 6:7

Team Kimberlin Post of the Day

Why did I start writing about Brett Kimberlin? As I noted ten years ago today, It All Started With Seth Allen.

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Seth Allen is a left-wing blogger. We disagree on almost everything, but we agree on our distaste for Brett Kimberlin. It was Seth Allen’s blogging that first shone a light on Kimberlin’s activities with Justice Through Music Project and Velvet Revolution US and got under Kimberlin’s skin. It was the Kimberlin v. Allen civil suit that got Aaron Walker involved with Brett Kimberlin. It was Brett Kimberlin’s attack on Aaron Walker’s First Amendment rights that brought about Everybody Blog About Brett Kimberlin Day. And it was my involvement in EBABKD that got me writing about Brett Kimberlin.

That’s a barebones outline. Stacy McCain fills in the gaps here.

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Read all of Stacy’s post to better understand the bizarre background of The Kimberlin Saga.

Team Kimberlin Post of the Day

Brett Kimberlin isn’t very good at foreseeing the consequences of his actions. The TKPOTD for two years ago today looked back at an early post discussing the possible consequences to Kimberlin from false criminal complains against Aaron Walker and me. Here’s part of the post from two years ago.

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During the time that Kimberlin was suing me, Maryland was the last state with a law prohibiting convicted perjurers for giving testimony in court. He found out about his disability when my lawyer prevent him from testifying in the Hoge v. Kimberlin peace order hearing. He was never able to offer testimony in any of the state LOLsuits he filed against me.

However, the state senator representing Kimberlin’s district offered legislation repealing the ban on testimony from perjurers which passed in time to allow Kimberlin to be subjected to cross examination in the Walker v. Kimberlin, et al. and Hoge v. Kimberlin, et al. lawsuits.

Kimberlin’s felony convictions are so old now that they can’t be used to impeach his reliability as a witness in a Maryland proceeding—except for one—his conviction for perjury. A court and jury can be told of a prior perjury conviction regardless of how long ago it occurred.

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Kimberlin’s lack of foresight compounded his problem with old convictions. In 2018, he filed a series of motions to set aside his Speedway Bombing convictions. The District Court denied his motions, and the 7h Circuit Court of Appeals affirmed the denials. Kimberlin foolishly filed a petition for a writ of certiorari with the Supreme Court which was also denied early this year.

While his dope smuggling convict is still off the table, I can imagine the following question being asked:

Have you ever filed a petition with the Supreme Court, and if so, what was the nature of the case?

He’s still the Speedway Bomber, and he made that fact newsworthy this year.

Team Kimberlin Post of the Day

Brett Kimberlin could have quietly walked away from his use of lawfare to punish bloggers who wrote truthfully about him, but he didn’t, and more people began writing about him and his clumsy brass knuckles reputation management. At this point eleven years ago, the daily coverage here at Hogewash! was still evolving. This post from eleven years ago today was called #BrettKimberlin Post of the Day.

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The truth is not only out there, it is uncontrolled. It cannot be beaten into submission by brass knuckles PR management.

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Indeed, after this year’s Supreme Court rejection of his frivolous appeal, he’s still the Speedway Bomber.