Team Kimberlin Post of the Day


This post about a bit of lawfare in which Brett Kimberlin, as The Dread Deadbeat Protector Kimberlin, is involved. However, he’s not a named party in the case.

At the end of January, 2014, a couple of progressive organizations and a pair of individuals filed a LOLsuit in the U.S. District Court in D.C. against the Federal Elections Commission because it failed to pursue an investigation of Crossroads Grassroots Political Strategies. The individual plaintiffs in the case were Craig Holman and Kevin Zeese. The organizational plaintiffs were Public Citizen and Protect Our Elections.org. The Gentle Readers who have been following this blog for some time should find a couple of those names familiar. This is from the Complaint filed in the case—

11. Plaintiff ProtectOurElections.org is a national collaboration of grassroots organizations that work together to provide oversight of elections and to advocate for campaign finance reform. they rely on political committees’ public disclosure reports to evaluate the influence of money in politics.

13. Plaintiff Kevin Zeese, Esq., is an attorney with ProtectOurElections.org and is committed to reforming politics and elections. He relies on information about campaign-related spending to evaluate different speakers and messages and to monitor the impact of large expenditures on officeholders and public policy. He is also a United States citizen and a registered voter in Maryland. As a registered voter, Mr. Zeese is entitled to reviver the information that the FECA requires political committees and others to disclose to the public, and his informed exercise of the vote is impaired when such information is unavailable,

The case slogged along until motions for summary judgment were filed. A hearing on those motions was held in August, 2016. And then nothing happened. You see, there was another case going forward against the FEC in the same court that had very similar facts and issues. That case, Citizens for Responsibility and Ethics in Washington v. FEC, went to trial in 2017 and was appealed. The Court of Appeals for the DC Circuit decided that case in the FEC’s favor in 2018. IANAL, but it seems to me that the case law now favors granting summary judgment in the FEC’s favor in the Public Citizen, et al. case as well.

The FEC has filed a supplemental brief informing the District Court of the Court of Appeals ruling, but nothing has been entered on the case docket for almost a year.

It looks as if The Dread Deadbeat Protector Kimberlin will have to find another means “to provide oversight” of our elections.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin included me as a defendant in four of the many LOLsuits he filed over the past few years. The third suit that included me was his RICO Retread LOLsuit which tried to revive the state law claims from his first RICO case. The TKPOTD from four years ago was one of the early reports on the process of defeating that third lawsuit.

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During the motions hearing last week in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit, Judge Mason was well prepared. He said this to The Dread Pro-Se Kimberlin while dealing with my motion to dismiss for improper venue.

THE COURT: And I’ve looked through your 52-page complaint a couple of times and again just this morning before coming out on the bench because I wanted to make sure that I understood precisely what is being alleged here.

The judge then proceeded to explain to TDPK some of the deficiencies in his pleading concerning me. I’d share some of that with you, but I don’t want to refresh the midget’s memory. TDPK has this to say to the judge:

MR. KIMBERLIN: I wanted to limit this case to the swatting. That’s what I’ve done. You know, if I have to refile against Mr. Hoge in Carroll County or in this county, you know, it would be another massive lawsuit. I would like to keep him in this case, whether through an amendment or whatever and let a jury decide, you know, what he’s done with regard to the swatting. You know, part of what the whole Everybody Blog About Brett Kimberlin Day was to portray me as a criminal swatter to silence conservative bloggers, you know, which was not the case. I have nothing at all to do with any swattings at all.

movie popcornAnother massive LOLsuit? Really? I suppose that means that TDPK has not yet figured out that there are some people who aren’t soft targets for lawfare. If he has learned anything about tangling with me, he’ll wise up and fail to amend his LOLsuit by the 18th, or, if he really comes to his senses, he’ll dismiss the entire LOLsuit for all the remaining defendants.

I wouldn’t bet on his acting wisely, so the Gentle Reader may want to lay in a good stock of popcorn. Here’s a deal from Amazon.

Stay tuned.

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The Gentle Readers will note that I often suggest that they stay tuned. I’d offer the same suggestion to The Dread Deadbeat Performer Kimberlin’s guitar, but …

Team Kimberlin Post of the Day


Over at Instapundit a few days ago, Prof. Reynolds used the Southern expression “lower than a snake’s belly in a wagon wheel rut.” The TKPOTD from three years ago today contained information about something Brett Kimberlin did that I believe is lower still.

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After Mark Bailin had presented his oral argument for the successful Breitbart motion to dismiss during last Thursday’s hearing in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit, Judge Mason gave The Dread Pro-Se Kimberlin an opportunity to respond. This conversation was a part of his response.

THE COURT: The four that you chose, I would assume that you would pick the best four —

MR. KIMBERLIN: Uh, ummm —

THE COURT: — and the four that you chose, as he points out, two don’t even mention you.

MR. KIMBERLIN: Uh, I — Obviously, they don’t mention me in — by name. They mention me in context. They impute — ah — and this is a part of the campaign. This is —

THE COURT: Well, but, but, but stop for a second. Because the one in 2010 —

MR. KIMBERLIN: Ah, that’s —

THE COURT: — couldn’t possibly —

MR. KIMBERLIN: I’m, I’m not going to argue that. Ah, that’s beyond the statute of limitations.

THE COURT: So why did you put it in the complaint then?

That admission is significant because the only act TDPK alleges against Mandy Nagy is that she wrote the 2010 Breitbart article. Given that he’s admitted that what he alleged against her is outside the statute of limitations, it will be interesting to see if he’s smart enough to dismiss her from the case.

Stay tuned.

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Even after admitting that the statute of limitations had expired on Mandy Nagy’s article—and know that she had suffered a stroke that made it impossible for her to participate in her own defense—The Dread Deadbeat Pro-Se Kimberlin kept her as a defendant in the RICO Retread LOLsuit to the bitter end. He only dismissed her when it was the only way for him to pursue an appeal of his losses against other defendants, and he made her an appellee, essentially appealing his voluntary dismissal of her from the case.

Lower than [redacted].

Team Kimberlin Post of the Day


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

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

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

NORRIS: (Telephone Filter) Hello, Mr. Atsign, I’m Bill Norris from National Special Underwriters.

JOHNNY: Yes?

NORRIS: (Telephone Filter) I’d like to discuss using your services to help us investigate a claim.

JOHNNY: Really? Are you sure you’re calling the right freelance investigator?

NORRIS: (Telephone Filter) (Chuckles) Yes, I do. I believe your previous experience will expedite the investigation. I believe you have some experience with someone called “The Bomber.”

JOHNNY: Yeah. You’ve called the right guy.

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


Six years ago today, I ran this post, In Re Kimberlin v. Walker, et al.

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Convicted perjurer, drug smuggler, and bomber Brett Kimberlin has filed a Maryland lawsuit naming bloggers Aaron Walker, W. J. J. Hoge, and Robert Stacy McCain; National Bloggers Club President Ali A. Akbar; and the anonymous blogger Kimberlin Unmasked as defendants.

The defendants believe that the suit is without merit and is part of Kimberlin’s continued effort to use lawfare to silence journalists and bloggers who have written truthfully about Kimberlin’s criminal past and recent conduct. The defendants will not make any further comments until they have finished initial consultations their respective legal counsel.

UPDATE—Stacy McCain’s statement is here.

UPDATE 2—Kimberlin Unmasked’s statement is here. [Broken link]

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The Dread Deadbeat Pro-Se Kimberlin made countless errors during his ill-fated attempts at pro se litigation. His worst mistake was suing me.

Team Kimberlin Post of the Day


Ah, it’s the Third of September, another anniversary. Seven years ago today, Bill Schmalfeldt made the mistake of being the source of More Lawfare Threats From Team Kimberlin.

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Some bozo calling himself the Liberal Grouch appears to be a member of Brett Kimberlin’s clown posse, and he’s threatening to sue Aaron Walker for defamation. He believes that Mr. Walker defamed him because he was accurately quoted in postings tweeted by Mr. Walker.

You can find the details of the exchange in question here, including tweets/posts that the Liberal Grouch deleted (perhaps in an attempt to erase evidence?).

Team Kimberlin is saying that they will start a “legal defense fund” for the Liberal Grouch if he sues Mr. Walker. They have the right idea because he will need a defense fund when the counterclaims come back from Aaron Walker.

Oh, and if Bill Schmalfeldt (if that’s his real name) is stupid enough to sue Aaron Walker, I’ll be first in line to make a substantial contribution to the Blogger Defense Team to help defray Mr. Walker’s legal expenses.

UPDATE—@LiberalGrouch tweets that I should read his side of the story. [I’ve disable that link. Schmalfeldt has abandoned the domain, and it now hosts a porn site.] I have. My comments above stand.

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So, how did the past seven years turn out for the Cabin Boy™? He’s lost a bunch of LOLsuits; been subjected to multiple restraining orders; become the object of pointage, laughery, and mockification from people he tried to harass; lost multiple jobs; …

Nothing has proceeded as he had hallucinated.

Team Kimberlin Post of the Day


Then Gentle Reader who has followed this blog for a while has surely noticed that one of the themes of these TKPOTD posts it the incompetence displayed by Team Kimberlin in their various pro se LOLsuits. The TKPOTD that ran five years ago today dealt with the multiple errors in just one paragraph of The Dread Deadbeat Pro-Se Kimberlin’s Second Amended Complaint in the first RICO LOLsuit he filed against me.

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Let’s do a bit of fisking of a paragraph from The Dread Pro-Se Kimberlin’s second amended complaint in Kimberlin v. The Universe, et al. RICO Madness. Paragraph 265 begins

Defendants, intentionally and willfully engaged in a concertedcampaign of online defamation, false light, …

TDPK’s going to have a lot of trouble with those allegations given his catastrophic loss on his claims of defamation and false light in the Kimberlin v. Walker, et al. nuisance lawsuit. Collateral estoppel.

false narratives, …

He keeps using that phrase. I do not think it means what he thinks it means.

battery, …

Speaking of false narratives, TDPK’s claim that Aaron Walker assaulted him was thrown out by the District Court and Circuit Court in Montgomery County over two years ago. More collateral estoppel.

intimidation, threats, …

While Hogewash! has certainly never published a threat directed at TDPK, it is possible that he has been intimidated by some of the truthful reports of his activities published here.

fraud, …

It would be interesting to see TDPK explain how anything published here defrauded him.

the filing of groundless civil suits and criminal charges, …

TDPK’s identical claims in the state suit were thrown out before trial. Still more collateral estoppel.

cyber bullying …

He haz sad. Bloggers wrote truthful things about him.

and acting unlawfully, …

I think this is where the mopery with intent to lurk comes in.

in order to cause damage to Plaintiff in his lawful businesses, both as an employee of Justice Trough Music …

If JTMP has a beef against me, it should hire a lawyer and sue me. TDPK doesn’t have standing to sue on its behalf.

and as a musician.

He keeps using that word. I do not think it means what he thinks it means.
res_judicata_tshirtIf TDPK’s vexatious suit does survives the motions to dismiss, imagine what it will be like when my fellow defendants and I conduct discovery and depose TDPK on such matters.

Stay tuned.

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Nothing proceeded as TDPK hallucinated.