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.

Team Kimberlin Post of the Day

It was Neal Rauhauser who floated the idea that pro se litigation could be used to harass and cower Brett Kimberlin’s perceived enemies.

[T]he potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds. The reality of travel, or frightful expenses, or summary judgments needs to be made real. We probably need to make a very visible example of at least one of them before the rest understand.

—Neal Rauhauser

This idea appears to have stimulated The Dread Deadbeat Pro-Se Kimberlin’s delusions of adequacy, and he began to threaten bloggers.

I have filed over a hundred lawsuits and another one will be no sweat for me. On the other hand, it will cost you a lot of time and money.

—Brett Kimberlin

Both Brett Kimberlin and Bill Schmalfeldt tried their hands at pro se litigation. It took them a while, but they seemed to have learned the reality of travel, frightful expenses, and summary judgments. And Hogewash! has been a part of making a visible example of them.

I’m not done with them yet.

Team Kimberlin Post of the Day

All of Team Kimberlin’s LOLsuit have had at least one obvious fatal error which was not noticed before it was filed. The TKPOTD for five years ago today noted one problem with Bill Schmalfeldt’s LOLsuit VIII: Avoiding Contact.

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Now that LOLsuit VIII: Avoiding Contact is out in the wild, I’m going to make some general comments over the next few days about how mind-bogglingly stupid the Cabin Boy’s™ Complaint is.

It’s clear that he didn’t bother to do much research while he slapped his suit together. For example, Count II is based on the South Carolina criminal defamation statute S.C. Code Ann. § 16-7-150. The U. S. District Court for the District of South Carolina has ruled that law unconstitutional. Fitts v. Kolb, 779 F.Supp. 1502 (D.S.C. 1991).

The Cabin Boy™ is suing my codefendants and me in the U. S. District Court for the District of South Carolina.

Everything is proceeding as I have foreseen.

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Heh.

Team Kimberlin Post of the Day

Yesterday, Hogewash! reported that the Court of Appeals for the Seventh Circuit had denied Brett Kimberlin’s remaining Speedway Bombing appeal.

Speaking of failed appeals, the TKPOTD for seven years ago today dealt with another of The Dread Deadbeat Pro-Se Kimberlin’s appeals.

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The Dread Pro-Se Kimberlin mailed his informal brief in his appeal of the RICO Madness LOLsuit to the Fourth Circuit Court of Appeals on the last day allowed for it to arrive in Richmond. The Court will probably accept his brief anyway.

Aaron Walker has a copy posted over at Allergic to Bull.

popcorn4bkI got a hold of a copy this afternoon and have managed to stop laughing long enough to write a first draft of my informal reply. I’ll review and edit it for a few days before filing it. Meanwhile, I don’t have any further comment on TDPK’s filing until after the Court decides whether or not to let the appeal go forward.

Stay tuned.

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Kimberlin has said he has a pro bono lawyer to represent him in a certiorari petition to the Supreme Court for a further appeal of the case the Seventh Circuit denied in March. There’s nothing on the Supreme Court’s docket yet, but he has several weeks before time to file runs out. I’ll keep watch.

Stay tuned.

Team Kimberlin Post of the Day

The real underlying basis for Brett Kimberlin’s campaign of lawfare against people reporting truthful things about him and his activities was his butthurt over being exposed for who he is. The TKPOTD for eight years ago offered him some relief.

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PreparationH96ctJudge Grimm does not seem inclined to provide any temporary relief for The Dread Pro-Se Kimberlin’s butthurt. He has denied TDPK’s request for file a sanctions motion against the lawyer representing Twitchy. However, Amazon offers this remedy—

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Of course, butthurt is not a proper cause of action for a civil suit, so The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits were doomed from the start.

Team Kimberlin Post of the Day

This episode of Blognet first ran seven years ago today.

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BlognetTitleCardMUSIC: 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 blogger has been accused of stalking and harassment. 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

Team Kimberlin Post of the Day

Today is the seventh anniversary of the Circuit Court for Montgomery County upholding the denial of the the peace order petition Brett Kimberlin filed against me on behalf of Tetyana Kimberlin’s elder daughter alleging that I was harassing her by reporting truthful information about Brett Kimberlin’s past and present activities.

Qapla’

Team Kimberlin Post of the Day

This post On Libel from eight years ago today dealt with one on of the more bizarre twists of The Saga of the Dread Deadbeat Pirate Pro-Se Kimberlin and his crew.

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Libel is the publication in print (including pictures); writing; or broadcast through radio, television, or film; of an untruth about someone which will do harm to that person or his reputation by tending to bring the target into ridicule, hatred, scorn, or contempt from others.

Just as there are persons whose reputation is so bad that they can’t be defamed (Charles Manson, for example), there are people whose credibility is so poor that no one in his right mind really believes what they say (a real world Joe Isuzu); such people can’t actually defame anyone.

It’s really quite sad to be dealing with someone who reputation and credibility are so poor that he fits both categories.

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No one affiliated with Team Kimberlin has come out ahead as a result of their campaign of lawfare and cyberthuggery.

Team Kimberlin Post of the Day

Team Kimberlin invariably set themselves up for failure, but I must admit I taken some pleasure in helping to grease the skids for them. The honeypot referenced in the Remember the Honeypot? title of this post from six years ago today was one of the more amusing, for me at least, interactions will Bill Schmalfeldt.

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The Cabin Boy™ discovered a website last year that “proved” Paul Krendler was up to no good, and he republished what he found here. Schmalfeldt still hasn’t admitted that he was tricked and caught by a honeypot. That’s one of the reasons that some people believe that he truly isn’t educable.

Now, the Cabin Boy™ says he’s found images on the Internet that have metadata showing they were created by “Grady, Pat,” and he’s sure that they prove that Krendler is Grady or Grady is Krendler.RD201615101431Z

I’m not going to detail all of the problems the Cabin Boy™ would have trying to build a case on that evidence or the problems he would have attempting to get such evidence admitted in court, but I will point out that Grady’s name being in the metadata Schmalfeldt published does not mean it was there when the images were created. It could mean that the Cabin Boy™ has spent $10.99 at the Ap Store.EXIFChanger

Or it could mean that someone else did. Or it could mean that whoever created the images simply put Grady’s name in the original metadata.

The Cabin Boy™ seems to get most of his exercise by jumping to conclusions.

There’s a good reason why LOLsuit VI is subtitled The Undiscovered Krendler.

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Neither the Cabin Boy™ nor Brett Kimberlin (who claims I was Krendler) ever discovered Paul Krendler’s identity. Not false criminal complaint, and not in LOLsuits VI. Or VII. Or VIII.

Team Kimberlin Post of the Day

This episode of Blogsmoke is from eight years ago today.

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BlognetTitleCardMUSIC: 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 group of bloggers have been writing about the activities of a paroled domestic terrorist. The terrorist has responded by suing a group of over 20 individual and organizations with frivolous claims of defamation and the like. Your job … get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual crime. 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.

SOUND: Footsteps in hallway.

FRIDAY: It was Wednesday, May 7th. It was been a beautiful Spring day in Westminster. We were working the day watch out of Internet Detail. My partner’s Liz Smith. The boss is Twitter Town Sheriff, W. J. J. Hoge. My name’s Friday. It was 3:42 pm when I returned to Room S-140. Internet Detail. Continue reading

Team Kimberlin Post of the Day

This episode of Blogsmoke first ran six years ago today.

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BlogsmokeSOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICHOCHET

MUSIC: UP AND UNDER—RECORDED—CUT 1

ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!

MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2

ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)

JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.

MUSIC: MAIN TITLE—RECORDED—CUT 3 Continue reading

Team Kimberlin Post of the Day

This image originally ran as the TKPOTD for seven years ago today.

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It’s May the Fourth …Everything is Proceeding

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That cartoon got so deeply under Brett Kimberlin’s skin that he questioned me about it when he called me as a defense witness in the Walker v. Kimberlin, et al. lawsuit.

Q   Do you ever post graphics or photos of you as a Star Wars Hero?

A   I have, people have sent me graphics of my face to replace, who’s the guy that played Obi-Wan Kenobi, the older fellow? This is what happens when you’re old. Alec, Sir Alec Guinness with my face instead of Alec Guinness’ as Obi-Wan in, in various cartoons. I think they’re funny, and I’ve, I’ve posted a few that have sent me, and other people have, have picked up on that, as well, and sort of run with it. It’s a, it’s, it’s kind of a running gag now in certain corners of the internet.

The jury’s reaction to that exchange went almost exactly as the Gentle Reader might have foreseen.

Team Kimberlin Post of the Day

Brett Kimberlin’s worst mistake in all of his lawfare over the past decade was suing me. I was the first defendant to raise the argument that his reputation as a violent felon so bad that it was impossible to degrade it. The TKPOTD for eight years ago today outlined my argument.

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Here is another selection from my reply to The Dread Pro-Se Kimberlin’s opposition to the motions to dismiss from Aaron Walker and me in the Kimberlin v. The Universe, et al. RICO Madness.ECF 56-p10

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In fact, another group of defendants’ motion to dismiss the subsequent RICO Retread LOLsuit in state court was granted in part because the judge in the case found that Kimberlin was defamation proof before my similar motion was granted. But a court has now found that Kimberlin’s reputation bars any viable claim for defamation.

Team Kimberlin Post of the Day

Over the past few years, Brett Kimberlin has had a couple of appeals going to try to set aside some of this Speedway Bomber convictions. He’s been unsuccessful thus far, but he still has one of the cases before the Court of Appeals for the Seventh Circuit, and he’s announced his intention to try to get the Supreme Court to take up the other.

Kimberlin was sentenced to a 51+ year consolidated sentence for his Speedway Bombing crimes and a drug smuggling bust, and he served 13 years before he was paroled. That parole was revoked. The TKPOTD for nine years ago today dealt with that revocation.

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Most folks who have been following the Saga of The Dread Pirate Kimberlin know that he had his parole revoked, and most believe it was revoked for failure to make good on the judgment due Sandra DeLong. That’s true, but there was another reason—mortgage fraud. The following is from the U. S. District Court opinion upholding the revocation of TDPK’s parole [Kimberlin v. Dewalt, 12 F.Supp.2d 487 (1998)]:

On March 25, 1997 the Commission issued a summons that was served on petitioner on April 10, 1997, requiring his presence at a preliminary interview. Petitioner was charged with (1) submitting a fraudulent loan application by making a false statement as to a material fact when he denied having an outstanding judgments against him; and (2) noncompliance with the special payment condition. On April 25, 1997 petitioner attended a preliminary interview by Probation Officer Catherine J. Kirby. At that hearing petitioner denied the charges, claimed poverty and said he was trying to settle the matter with Sandra DeLong. Officer Kirby concluded that petitioner had fraudulently concealed from the mortgage company the true extent of his indebtedness and that he intended to “make sure that [Sandra DeLong] gets as little money as possible.”

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As of close of business on Friday, the Seventh Circuit hasn’t ruled on his pending appeal and the Supreme Court hasn’t docketed a petition for writ of certiorari from Kimberlin. I’m watching both the dockets of both courts.

Stay tuned.

Team Kimberlin Post of the Day

The TKPOTD for seven years ago today dealt with Brett Kimberlin’s apparent inability to keep up with the deadlines in his various LOLsuits.

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Mickey Mouse WatchTick, tock.

As the various deadlined for the critical filings come due in the multiple LOLsuits that the Cabin Boy™ has going, it would be a shame to miss any of them.

Hogewash! is offering a deal on this watch through Amazon [The link is dead; I no longer link to Disney products.] for those who need help with time management.

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While I’m no longer wearing a Mickey Mouse watch, I can understand why some people are still attracted to Disney products.

Team Kimberlin Post of the Day

The TKPOTD for six years ago today dealt with my ability to foreseen upcoming events.

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popcorn4bkOK. Some of the Gentle Readers are wondering, “Did Hoge really foresee that LOLsuit The Dread Pro-Se Kimberlin filed against Senators McConnell and Grassley?” The truthful answer is yes and no. Yes, I foresaw that Kimberlin was likely to do something amazingly bold but mind-bogglingly stupid. No, I didn’t foresee Congress as his target. OTOH, he’s sued Senator Orin Hatch several years ago and Madeleine Albright when she was Secretary of State, so I’m not surprised by the grandiosity of his really futile and stupid gesture.

Some days, all one has to do is sit back, watch, and wait for the mistake to be made.

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Some days, things proceed better than I have foreseen.

Team Kimberlin Post of the Day

Brett Kimberlin is known for trying get default judgments against defendants by playing games with service of process of his LOLsuits. The TKPOTD for six years ago today dealt with his attempt to dodge being served in the Hoge v. Kimberlin, et al. lawsuit. Scrolling through the MoCo Deputy Sheriff’s affidavit shows that Kimberlin refused to accept service and sarcastically wished the deputy luck in finding him.

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These are Docket Items 17 to 19 from Hoge v. Kimberlin, et al.

Everything is proceeding as I have foreseen.

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Here’s what I foresaw. When Kimberlin appeared in court for another case, he got served. By Aaron Walker.Heh.

Team Kimberlin Post of the Day

Brett Kimberlin is a slow learner. Even after losing his first state LOLsuit against a group of defendants which included me and his first federal RICO LOLsuit against a larger group of defendants which included me, he refilled the state claims from that federal case against most of the us. Yet Another LOLsuit from seven years ago today was about that second state case.

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The Dread Pro-Se Kimberlin has filed state law claims from his Kimberlin v. The Universe, et al. RICO Madness in the Circuit Court for Montgomery County. He’s named the following defendants: National Bloggers Club, Ali Akbar, Patrick Frey, Erick Erickson, Michelle Malkin, Glenn Beck, Aaron Walker, Yours Truly, Lee Stranahan, Mandy Nagy, Breitbart.com (sic), DB Capitol Strategies, Dan Backer, Mercury Radio Arts, Blaze (sic), Ace of Spade (the blog), Ace of Spades (the blogger), RedState, and Twitchy.

The suit claims are for Defamation of Character, Invasion of Privacy (mentioned twice), Interference with Business Relations, Interference (with what is unspecified), Battery, Infliction of Emotional Distress, and Conspiracy.

That’s as much as I can gather from the Maryland Judiciary Case Search online database. I can’t make any further substantive comment about this LOLsuit until I’ve reviewed the complaint with counsel.

Comments are open, and suggestions for a working name for this LOLsuit are solicited. Please keep it clean.

UPDATE—TDPK forgot to add Mopery with Intent to Lurk again.

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He really screwed up by filing that second state case. As part of dismissing the suit for failure to state a claim upon which relief could be granted, the judge found that Kimberlin’s claims for defamation failed because his reputation as an infamous criminal was so poor that he was defamation proof.

Team Kimberlin Post of the Day

The far over the last decade, Brett Kimberlin has lost all the appeals he’s filed in his various court cases. The TKPOTD for seven years ago today took note on one those appeals.

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popcorn4bkThe Dread Pro-Se Kimberlin has filed a notice of appeal of the dismissal of the RICO and Ku Klux Klan Act claims in his Kimberlin v. The Universe, et al. RICO Madness. Timing is important, but I don’t think that I’ll tell TDPK what’s so important about timing in this case—at least, not just yet.

Tick, tock.

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That appeal was untimely. The whole case before the District Court had not been decided, so it wasn’t ripe for appeal.

Team Kimberlin Post of the Day

One of the problems Brett Kimberlin has had with his pro se lawfare is that he’s routinely failed to address issue raised by the defendants in their court papers. The TKPOTD from seven years ago today cites an example.

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Apparently, The Dread Pro-Se Kimberlin has never read any of the motions to dismiss filed in hid vexatious Kimberlin v. The Universe, et al. RICO Madness.ECF 119-3

Oh, yes we have. For example, here’s a brief selection from my motion to dismiss that deals with the lack of merit of his defamation claim.ECF 5-33Here’s a sample from DB Capitol Strategies’s motion to dismiss dealing with problems in TDPK’s false light allegations.ECF 8-VIHere’s a part of what The Franklin Center had to say about the inadequacy of TDPK’s defamation claim.ECF 16-1Among many other issues, The motion from Michelle Malkin and Twitchy noted this deficiency in TDPK’s allegations under the Ku Klux Klan Act.ECF 41-DAnd so on and so on, through the motions from Aaron Walker; RedState, Erick Erickson, RedState, James O’Keefe, and Simon & Schuster; and Glenn Beck, Mercury Radio Arts, and The Blaze.

It’s not the case that we defendants failed to point out the lack of merit in TDPK case. Rather, Brett Kimberlin chose not to correct his errors.

#Fail

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He’s continued this behavior in recent appeals in the Speedway Bombing case, and he’s lost one of those appeals so far.

Team Kimberlin Post of the Day

RICO claims must deal with damage to a person’s business or property, and Brett Kimberlin’s RICO LOLsuits have failed because he’s never alleged to have suffered such an injury. This is the TKPOTD from seven years ago today.

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While rereading Judge Hazel’s Memorandum Opinion dismissing the Kimberlin v. The Universe, et al. RICO Madness, I was struck by this sentence.

It bears noting that Kimberlin’s § 1962(c) claim reflects more of an attempt to spin an alleged scheme to harm his reputation than it reflects a viable RICO claim.

Kimberlin v. National Bloggers Club, et al., Case No. 13-CV-03059-GJH, ECF No. 263 (D.Md. 2015) at 17.

The Dread Pro-Se Kimberlin’s brass knuckles reputation management is going to cause more trouble for him that he can imagine. Murum aries attigit.

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His really should have left me alone.

Team Kimberlin Post of the Day

Qapala’ is the Klingon word meaning success. This post from seven years ago today was titled Qapla’: #BrettKimberlin’s Motion for a New Trial Denied.

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This has been posted in the Maryland Judiciary Case Search data base docket for the Kimberlin v. Walker, et al. nuisance lawsuit.NewTrialDenied

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Of course, Kimberlin has been successful in one sense—he’s maintained a perfect 0.000 average in his lawfare since 2012.

Team Kimberlin Post of the Day

Brett Kimberlin fancies himself as being on the very high end of the intelligence scale. The TKPOTD for five years ago today dealt with on his more stupid lies.

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Not only is The Dread Pro-Se Kimberlin a bad liar, he’s a stupid one. He included this whopper in his appeal in the Maryland Court of Special Appeals of the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit.

It’s trivially easy to show that he misrepresented what happened in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit in federal court. A quick check of the online docket of that case in PACER shows that I filed a reply to TDPK’s “Omnibus Opposition” to the motions to dismiss from the multiple defendants. The following appears near the bottom of page 2 of my reply (ECF No. 236)—The Gentle Reader can click here to read my reply and see that I spent three pages dealing with TDPK’s failure to respond to the points related to res judicata I raised in my motion to dismiss. Not only did I raise res judicata in the federal case, I pounded the point heavily.

Why did Kimberlin make such a transparently false claim? Did he think that I wouldn’t remember raising res judicata in the federal case? Did he think that I wouldn’t provide copies of my federal filings to my counsel and the other appellees in the case? Did he think he wouldn’t get called out in one or more of our reply briefs? Has he never seen a picture of one those coffee mugs?

Moreover, he’s wrong on the law. Some defenses are waived if they are not raised in the answer to a lawsuit. However, neither the RICO Madness LOLsuit nor any of TDPK’s subsequent lawfare made it past motions to dismiss, so none of them had to be answered. None of the cases progressed far enough for a defense to have been waived, so it doesn’t matter whether any defendant raised res judicata in the federal case at the motion to dismiss stage. Thus, Kimberlin has been caught telling a needless lie that wouldn’t have supported his appeal if it had been true.

#StupidIsAsStupidDoes

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He should have stuck to peddling these briefs.

Team Kimberlin Post of the Day

Brett Kimberlin is a failure. The TKPOTD for seven years ago today dealt with his attempt to blame other for his failed attempts at a musical career.

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Here is one of the allegations The Dread Pro-Se Kimberlin made in his Kimberlin v. The Universe, et al. RICO Madness which was recently dismissed.

ECF 231 EX7-9Personally, I believe that the implosion of his musical career was caused by his music videos being exposed to the public on the likes of YouTube, but, whatever the reason, it is true that his “appeal is becoming more selective.”

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His incompetence goes up to eleven.