Team Kimberlin Post of the Day


What kind of person builds time bombs and sets them in public places?

I believe that cowardice would be one of such a person’s defining characteristics.

What kind of person files multiple privileged court documents filled with defamatory lies but will never say the same things in a non-privileged forum?

Again, cowardice is probably part of the person’s character.

This post from four years ago today is about such a person.

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On Wednesday, several items appeared on the case docket that had been filed by Brett and Tetyana Kimberlin. Yesterday, I obtained copies from the Clerk of the Court. (The Dread Pro-Se Kimberlin hasn’t served me with copies yet.) Last night, I reviewed their filings, and this morning, I filed a motion to strike one of them which I believes contains improper, immaterial, and scandalous material in its title in violation of Md. Rule 2-322(e).

Here is the Kimberlin filing with the title redacted.

Here is my motion to strike.

My motions speaks for itself, so I do not intend to make any further public comment on either motion until the court has ruled on them.

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While the court did not strike the Kimberlins’ motion, it did order the caption redacted in the Maryland Case Search Database.

Team Kimberlin Post of the Day


Brett Kimberlin would have the world believe that he is the most special of special snowflakes and that anyone who doesn’t give him what he wants is engaged in harassment. He’s even tried to claim that a judge who ruled against him did so in order to harass him. The Legal LULZ Du Jour posted four years ago today contained a motion The Dread Deadbeat Pro-Se Kimberlin filed to have that judge removed from a case.

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Brett Kimberlin is now claiming that he is being harassed by Judge Mason:

[T]he Court has, by word and conduct, manifested bias and prejudice, and harassed Defendants based on prejudice against victims.

That’s found near the bottom of the fourth page of this—

I’m looking forward to seeing how this plays out.

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Of course, the judges that TDPK has faced during his campaign of lawfare have not tried to harass him. In fact, they’ve often allowed him to get away with inappropriate behavior because he was proceeding without legal counsel. However, it does look as if Kimberlin managed to push several courts to their limits.

The Circuit Court in Montgomery Count doesn’t usually assign most civil cases to one judge who follows from complaint to trail. Hearings are handled by whichever judge happens to be sitting on the day a hearing is scheduled, and one judge doesn’t pickup the case until it goes to trial. At least six judges handled the various preliminary hearing in the Kimberlin v. Walker, et al nuisance LOLsuit during 2013 and 2014. Kimberlin was able to tell different stories to different judges at different hearings, preventing the case from being dismissed and causing the case to go to trail—only to see the trial end in a directed verdict for the defendants when it turned out that Kimberlin didn’t have a viable case. Kimberlin’s subsequent LOsuits in the Montgomery Count Circuit court were all assigned to one judge who couldn’t be flimflammed with changing stories. Kimberlin v. National Bloggers Club, et al. (II) and Kimberlin v Hunton & Williams, et al. (II) both ended in dismissal.

The U. S. District Court caught on fairly quickly and began assigning all of Kimberlin’s cases to the same judge. Kimberlin v. National Bloggers Club, et al. (I), Kimberlin v. Hunton & Williams, et al. (I), Kimberlin v. McConnell, et al., and Kimberlin v. Breitbart Holdings, et al. were all dismissed. Kimberlin v. Frey ended with summary judgment for the defendant.

Justice isn’t harassment.

Team Kimberlin Post of the Day


There’s an idea that there’s usually not more than six degrees of separation in the connections between two people. It’s often the case that the matters Johnny Atsign has investigated wind up being closely related. That point comes out in this episode from three years ago today.

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ANNOUNCER: From Westminster, it’s time for—

SOUND: Restaurant background

SOUND: Cellphone rings twice.

JOHNNY: Johnny Atsign.

ZOMBIE: (Telephone Filter) Hey, Johnny, it’s Paul Candler. How’s it going?

JOHNNY: Well enough. Everything and everyone has been located. I finished my final checks this morning, and I’m grabbing a late breakfast at a nearby Waffle House.

ZOMBIE: (Telephone Filter) Sounds good.

JOHNNY: Yeah. They serve real southern country ham.

ZOMBIE: (Telephone Filter) No, I mean it’s good that you’ve got everything located.

JOHNNY: Yeah. It will make the tracking a lot easier.

SOUND: Restaurant background out.

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


Although we had pro bono representation (Thank you, Patrick Ostronic!) in the Kimberlin v. Walker, et al. nuisance LOLsuit, my codefendants and I started an online defense fund to help pay for the incidental expense of the the case. As can be seen form a snippet of courtroom dialogue at the start of the TKPOTD from six years ago today, The Dread Deadbeat Pro-Se Kimberlin didn’t like the name we gave our fund.

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Mr. Ostronic: Why is the fund called Bomber Sues Bloggers?

Mr. Kimberlin: Objection!

The answer to Mr. Ostronic’s question is very simple.

The defendants in the Kimberlin v. Walker, et al. are all bloggers. Here are three of us pictured together at CPAC 2014.3Defendants

Left to Right: W. J. J. Hoge (Hogewash!), Stacy McCain (The Other McCain), and Ali Akbar (@ali). Not pictured: Aaron Walker (Allergic to Bull) and Kimberlin Unmasked (@Kimberlinunmask)

The vexatious anti-First-Amendment litigant suing us is Brett Kimberlin, a convicted felon whose rap sheet includes 30+ counts of perjury, possession of marijuana for distribution, impersonating a federal officer, forgery, misuse of the Seal of the President of the United States, possession of explosives by a felon, and use of a destructive device to cause injury in interstate commerce. Those last two charges related to the his 1979 bombing spree in Speedway, Indiana, that earned him the title “Speedway Bomber.” He was paroled in 1993, but his parole was revoked in 1996, in part for failure to make restitution to the widow of a victim. He was paroled again in 2000. His sentence expires in 2030.brett-kimberlin_mugshot

TThus, the name: Bomber Sues Bloggers.

You can help Aaron, Stacy, Ali, KU, and me defend ourselves and our First Amendment rights for Brett Kimberlin’s meritless attack. Go to [dead link to a now retired domain BomberSuesBloggers] to find out how.

Oh, one more thing about Brett Kimberlin … Do you remember the federal prisoner who lied about being Dan Quayle’s dope dealer? That’s the guy,

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While it seems to me that Brett Kimberlin feels no shame or remorse for his past acts, he does seem to understand that most people don’t approve of them. However, his attempts to hide them have been like his dope smuggling and music careers—just another failure.

Oh, and today is the fifth anniversary of the denial of Kimberlin’s appeal of the bogus peace order petition he filed against me on behalf of Tetyana Kimberlin’s elder daughter.

Team Kimberlin Post of the Day


Probably the least competent and most mockable member of Team Kimberlin is the musician wannabe William Ferguson. The TKPOTD from four years ago today dealt with one his failed predictions of the direst of dire direness that was supposed to befall me.

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S_A201605121243ZNow, that’s an interesting turn of phrase.

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Later that day, I put up this post—Bombshell Du Jour?

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I wonder if this is what Ferguson thinks is his “bombshell”?S_A201605130550ZThose are the forged tweets that Brett Kimberlin attempted to use as evidence during the District Court hearing for the peace order he sought against me last year. Those fakes have been debunked (go here for details), and the doubling down by Breitbart Umasked Bunny Boy Unread on a defamatory story that included them is one of the bases for the Hoge v. Kimberlin, et al. lawsuit.S_A201605130553Z

If I had been lying about those tweets during the District Court hearing, one would expect that they would have been offered again during Kimberlin’s appeal to the Circuit Court along with additional backup evidence developed during the two month delay. That didn’t happen—perhaps because Kimberlin knew that I could prove that I was not the source of the tweets. My lawyer had the necessary evidence sitting in a folder ready to be introduced if needed.

The Team Lickspittle EOD crew was sent to disarm Ferguson’s “bombshell” over a year ago. It turned out to be a dud.

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I seems like everything Team Kimberlin has touched since the Turn of the Century has been a dud.

The mockery continues.

Team Kimberlin Post of the Day


Brett Kimberlin started his campaign of lawfare in an attempt silence his critics. He sought to use civil suits, peace orders, and false criminal complaints to punish those who reported on his past and ongoing activities and to intimidate others from writing about him as well.

There were several major defects in his plan. One flaw was the fact that court proceedings are matters of public record except when rarely sealed for a few very limited purposes. Thus, his LOLsuits became matters for public reporting and mockery. Six years ago, I reported that #BrettKimberlin Haz Sad because he couldn’t conceal his filings in the RICO Madness LOLsuit.

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After turning the stupid knob up to 11 12, The Dread Pro-Se Kimberlin sent a proposed sanctions motion to Michael Smith, the lawyer representing Michelle Malkin and Twitchy in the Kimberlin v. The Universe, et al. RICO Madness. Now, he’s whining because his foolishness was made public. He seems particularly upset that Hogewash! posted a copy of his proposed sanctions motion.

It seems that TDPK has not yet realized that civil trials are conducted in public here in America and that he is not entitled to a secret Star Chamber proceeding against his intended victims. If TDPK can’t stand the heat, he should get out of the kitchen.

Tune in just after midnight for further commentary on TDPK’s latest filings.

UPDATE—Aaron Walker comments here.

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The Gentle Reader can find that further commentary here. I noted in that further commentary that “Brett Kimberlin had made a terrible mistake by suing my four codefendants and me in the state Kimberlin v. Walker, et al. nuisance lawsuit. He doubled tripled quadrupled down on stupid when he upped the ante and sued my twenty codefendants and me in the RICO Madness.”

His biggest mistake was suing me. I’m not done with him yet.

Team Kimberlin Post of the Day


I began reporting on Brett Kimberlin when he managed to get a judge to issue an unconstitutional gag order against a blogger. Because he seemed to be trying to silence his critics by filing legal actions against them, I began referring to him has Lord Voldemort (“He who must not be named”). After he put up a rather lame pirate-theme website to support his lawfare, I began mocking him as The Dread Pirate Kimberlin. That, in turn, morphed into The Dread Pro-Se Kimberlin after he sued me. When he failed to pay the court costs and sanctions due me, the mockery changed, and he’s now The Deadbeat Pro-Se Kimberlin.

Of course, I not the first creditor he’s stiffed. The TKPOTD from seven years ago today is about what happened when he failed to pay another court judgment.

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When he was in prison, Brett Kimberlin was transferring money from his commissary account to someone outside the prison. A prison case manager tipped off Mrs. Delong (who Kimberlin then owed and still owes over 1.6 million bucks plus interest) who obtained a writ of attachment on the commissary account. And so the guy who now brags about having filed over a hundred lawsuits sued lots of folks for violating his privacy rights. Here’s what the Seventh Circuit Court of Appeals had to say [Kimberlin v. U. S. Department of Justice, et al., 788 F.2d 434 (1986)].

Brett Kimberlin, a prisoner, initially filed a one-count complaint claiming that a disclosure by his prison case manager Leddy to his probation officer Gahl that plaintiff was sending money outside the prison from his commissary account violated the Privacy Act, 5 U.S.C. § 552a. The original defendants [The defendants named in the original complaint are the Department of Justice, Office of U.S. Attorney (S.D.Ind.), Bureau of Prisons, Sandra DeLong, Paula Kight, Patrick Leddy and three Assistant U.S. Attorneys (S.D.Ind.), namely, Richard Darst, Jack Thar and Kennard Foster. The defendants named in the amended complaint are: the Bureau of Prisons; the Department of Justice; the Parole Commission; Patrick Leddy, former case manager of plaintiff at the Metropolitan Correctional Center in Chicago; Thomas Gahl, a U.S. probation officer in the Southern District of Indiana assigned to the criminal case against plaintiff; Sandra DeLong, widow of Carl DeLong who was allegedly injured by plaintiff’s explosive device, and Paula Kight, lawyer for Mrs. DeLong.] moved to dismiss, contending that the Privacy Act had not been violated because the disclosure was permitted as a routine use under the Act. Kimberlin then asked to file an amended complaint. The motion was continued while the parties briefed whether or not the amended complaint would cure the defects in the original complaint. The district court’s order dismissing the action refers only to the proposed amended complaint. Kimberlin v. United States Department of Justice, 605 F.Supp. 79, 81 (N.D.Ill.1985).

The amended complaint continued to assert the Privacy Act violation, naming the Bureau of Prisons (BOP) and the Department of Justice (DOJ) as additional defendants. An additional two counts alleged that disclosure of the information to private citizens violated plaintiff’s constitutional rights to privacy and due process and that a conspiracy existed among the individual defendants to violate his constitutional rights. Kimberlin seeks compensatory and punitive damages as well as costs and attorneys’ fees.

The district court dismissed all three counts of the proposed amended complaint, holding, inter alia, (1) there was no violation of the Privacy Act because the routine use exception of 5 U.S.C. § 552a(b)(3) applied; (2) the Bivens due process action failed because no property interest had been lost; (3) the Bivens privacy claim failed because Kimberlin did not have a reasonable expectation of privacy in his commissary account; and (4) the conspiracy count failed because no constitutional violation occurred.

For the reasons discussed above, the order of the district court dismissing plaintiff’s action is affirmed.

Kimberlin’s unwillingness to pay what he owes Mrs. Delong has been quite expensive. Indeed, it was a cause of the revocation of his parole in 1997.

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Kimberlin was willing to spend four years in a federal prison rather than make any effort to meet his obligations to Mrs. DeLong. I wonder how much he’ll be willing to go through to avoid paying what he owes his more recent victims.