Team Kimberlin Post of the Day

Kimberlin was persistent in his lawfare, but he wasn’t very good at it. The TKPOTD for eight years ago today shows why it often seemed I was engaged in a battle of wits with an unarmed man.

* * * * *

Sometimes, I wonder where Brett Kimberlin’s elevator makes it all the way to the top. Consider this allegation from his omnibus opposition to the motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 231-72

He’s made that allegation multiple times in his RICO filings. He’s also always included a copy of the email containing this supposed threat. Here’s what he included with his omnibus opposition.ECF 231-Ex13We can zoom in on that to make it easier to read.

ECF 231-Ex13zoomNote that the evidence he includes does not say what he says it says. It doesn’t include the words “LEAVE HIM ALONE.” That discrepancy has been pointed out to him every time he’s made the allegation, but he still persists in making it and offering the same non-supporting evidence.

Go figure.

Oh, and this isn’t the only instance of The Dread Pro-Se Kimberlin offering evidence that contradicts his claims.

His case is a few bolts shy of a Lada.

* * * * *

The Truth is out there. But Kimberlin seems to have no idea where.

Team Kimberlin Post of the Day

When it had become obvious that Brett Kimberlin’s RICO 2: Electric Boogaloo LOLsuti (aka, Kimberlin v. Hunton & Williams, et al) was dead in the water, The Deadbeat Pro-Se filed a motion for leave to amend his complaint. Of course, he failed to include his proposed amended complaint as required by the court’s rules, and Judge Hazel wasted no and ordered Kimberlin to get his act together. Seven years ago today, I noted Well, That Was Quick.

* * * * *

Judge Hazel has ordered The Dread Pro-Se Kimberlin to comply with the Court’s Rules.

popcorn4bkThere are a couple important things that Judge Hazel did not do. First, he did not bend the Rules in order to cut a pro se plaintiff any undue slack. Second, he has taken no steps to grant TDPK any “relief” from the requirement that he obey the protective order in the Kimberlin v. Frey RICO Remnant LOLsuit. It will interesting to see if TDPK is capable of dotting the Is and crossing the Ts properly.

UPDATE—Oooooh, I just noticed something else. “… shall file and serve …”

Heh.

* * * * *

Yeah. And serve. The judge was clearly tiring of complaints for other persons about Kimberlin’s failure to serve court papers in a timely manner, if at all.

Team Kimberlin Post of the Day

It was Brett Kimberlin who first used the marxist term false narratives to describe truthful reporting on his past and present activities. He was also the first to start using false stories (lies) as the bases for his claims in court. The TKPOTD for nine years ago dealt with one he’s kept bringing up.

* * * * *

Did you ever watch Gunsmoke on TV? Do you remember the opening? The guy down the street draws his gun first. Matt Dillion draws and fires in response. Now, pointing a gun at someone is assault, and shooting him is battery. And killing him is homicide. So why doesn’t Matt Dillion wind up on the gallows? Because Matt, unlike Han, shot second. He was responding to the threatening actions of the other guy which makes his assault (and homicide) justified.

The same principle applies in the alleged assault of Brett Kimberlin by Aaron Walker. The Dread Pro-Se Kimberlin made what to a reasonable person could be a threatening move by raising his iPad up as if to strike Aaron Walker, and Mr. Walker took it away from him. (TDPK now claims that he was simply trying to use the iPad’s camera to take a picture of Mr. Walker. Photography is forbidden in Maryland courthouses without a judge’s express permission.)

When TDPK sought a peace order based on the altercation, he claimed assault as one of the bases. When a judge heard both sides of the story during the final hearing in the District Court, he found that any assault that might have occurred was a justified response to TDPK’s provocation, and assault was dropped as a basis for the peace order. The Circuit Court later ruled that there was no basis for a peace order at all and threw it out.

Actually, an assault may have occurred on the 9th floor of the Montgomery County Circuit Courthouse on 9 January, 2012. Brett Kimberlin’s threatening gesture toward Aaron Walker may have constituted an assault. Regardless, TDPK’s claims of being assaulted are pure nonsense. They’ve already been reviewed by a judge and thrown out. They’re in the same category as his claim of selling dope to Dan Quayle or his sooper sekrit exoneration or so many of his fanciful tales.

Lies.

* * * * *

And a big difference between Matt and Brett is that Matt never shot himself in the foot.

Congratulations, Ali

Eight U.S. Capitol Police officers filed a frivolous lawsuit against an imaginary conspiracy of groups and individuals seeking “redress” for the events of 6 January, 2021. My friend and former codefendant in many of the Kimberlin LOLsuits, Ali Alexander, was one of the codefendants in this suit, and earlier today, his motion to dismiss was granted with respect to all counts in the case.

Team Kimberlin Post of the Day

I’ve recently had some request for more background on Brett Kimberlin and his campaign of lawfare. The TKPOTD from seven years ago today is a good summary of the first five years of the Saga.

* * * * *

Brett Kimberlin is a convicted perjurer, drug smuggler, and serial bomber. He doesn’t like people talking about that, and for the past several years, he’s been trying to use the legal system to punish people who speak and write about him.

I started writing about Brett Kimberlin when I became aware of Lee Stranahan’s proposal for Everyone Blog About Brett Kimberlin Day. That blogburst was scheduled for Friday, 25 May, 2012, but I first wrote about Kimberlin a few days earlier in the context of his harassment of Stacy McCain’s family. From there, I picked up the story of Kimberlin’s harassment of Aaron Walker, initially focusing on the unconstitutional gag order that was a part of a peace order issued against Aaron. That order forbade Aaron from writing about Kimberlin or speaking about him publicly. Because I believe that ridicule is a powerful weapon against self-important jerks, I began referring to Kimberlin as Lord Voldemort (He Who Must Not Be Named).

As the to-and-fro of the lawfare went by, a Bloggers Defense Fund was created to assist with Aaron Walker’s legal expenses. Kimberlin responded by putting up a pirate-themed website called the Bloggers Offense Team. It was a failure, but it led me to begin referring to Brett Kimberlin as The Dread Pirate Kimberlin and his fanboys by similarly themed nicknames. (I did not come up with Cabin Boy Bill Schmalfeldt. Credit goes to commenter monitor2112 for that.) TPDK has also come to stand for The Dread Performer Kimberlin, The Dread Pedo Kimberlin, and The Dread Pro-Se Kimberlin—each of those has had some connection to his story as it has unfolded over the past three-plus years.

By the end of October, 2012, I had become a target of harassment by Team Kimberlin (as his supporters have become known) as well, and I received a SWATing threat. When that didn’t work, various bits of cyberharassment were tried. When those proved ineffective, a false criminal charge was filed. When the prosecutor dropped that charge for lack of evidence, the first of four frivolous lawsuits was filed. When the first lawsuit failed and the second lawsuit was on the skids, a bogus peace order and two more lawsuits were filed. When the bogus peace order petition was denied and the second lawsuit dismissed, false complaints were filed against my personal and business Twitter accounts and another false criminal charge was filed. When that second criminal charge was dropped for lack of evidence and my business Twitter account was restored, I was served with an abusive subpoena in the remnant of one of the lawsuits from which I’ve been dismissed and sanctions are being sought against me because I didn’t have what The Dread [insert title] Kimberlin wanted. And so it goes.

All this bullshit from Kimberlin boils down to an attempt at brass knuckles reputation management, and it keeps blowing up in his face—in part because I won’t be intimidated. He’s trying to use the legal system to prevent people from exercising their First Amendment rights to talk about him, his past, and his present activities. I don’t intend to let him get away with it. I will aggressively defend my First Amendment rights and support and assit others as they defend theirs.Molon_Labe

* * * * *

Kimberlin’s focus for most of the past five years has been his failed attempt to attack his Speedway Bombing convictions. A couple of weeks ago, the Supreme Court put the kibosh on that by denying his appeal.

Team Kimberlin Post of the Day

One of the claims that Brett Kimberlin tried to raise against a dozen of my codefendants and me in his RICO Madness LOLsuit was that we had conspired to deprive him of civil rights in violation of 42 USC §1985. The TKPOTD for eight years ago today, examined one of his attempt to keep that false claim alive.

* * * * *

In his opposition to Lee Stranahan’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin tries to keep his Ku Klux Klan Act (42 U.S.C. § 1985) claim alive.ECF 249-17

Actually, invidious discrimination is one of the element of a § 1985 offense. Here’s what the Supreme Court had to say:

The language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action.

Griffin v. Breckenridge, 403 U.S. 88, 102 (1971). There’s nothing in TDPK’s second amended complaint that alleges that any defendant discriminated against him because of his race. (As Stacy McCain noted while Kimberlin had him on the witness stand in the state lawsuit, “You’re white, by the way.”) The closest he’s ever come making a class-based claim was when he tried to sell the idea that he was being discriminated against because of his criminal record, but that isn’t in the second amended complaint. Even if it were, felons are not a protected class.

popcorn4bkI expect to see some pretty wild stuff thrown out by TDPK as the we get closer to the end to the RICO Madness. Monday should bring some interesting things to PACER.

Stay tuned.

* * * * *

Yes, Brett Kimberlin is a felon, and even if he had succeeded in getting the Supreme Court to erase his Speedway Bombing convictions, he’d still have felony convictions for perjury and drug smuggling.

Team Kimberlin Post of the Day

Although it has lain fallow for over four years now, on of Team Kimberlin’s principal PR organs was the Breitbart Unmasked website. The site’s occasional editor Bill Schmalfeldt call it his “prime source for news, hearsay, lies and innuendo. Oh, yeah. Smears, too!” Eight years ago today BU published a long defamatory screed attacking Aaron Walker, and it was full of hearsay, lies, innuendo, and smears. And sealed court discovery, too! That’s only the opening paragraph. The Gentle Reader can find the whole post still active on the BU website.

Here’s Bill Schmalfeldt’s concern troll comment to the post.It wasn’t Aaron Walker’s blog about free speech and pictures of Muhammed that drew Brett Kimberlin’s interest and ire. It was Aaron’s pro bono legal assistance to a left-wing blogger who Kimberlin had sued for defamation.

It’s was Kimberlin’s attacks on Aaron’s First Amendment rights that backfired and drew the attention of the blogosphere to past and current activities.

Team Kimberlin Post of the Day

Brett Kimberlin’s lawfare campaign has been a failed attempt to use the courts to suppress the First Amendment rights of the those of us who have written about his past and present activities. In fact, this blog took no notice of him until his attacks on blogger Aaron Walker. Ten years ago today, I took a look at how Kimberlin’s lawfare was going with this post titled Dread Pirate #BrettKimberlin and Reputation Management.

* * * * *

So what’s the result of a year of TDPK’s brass knuckles reputation management via lawfare? When one googles him, this is the result.dpk20130121

He’s “best known as the perpetrator of the Speedway bombings in 1978.”

The truth is still out there.

* * * * *

And now, the Supreme Court has denied Kimberlin’s petition seeking to set aside his bombing conviction.

The truth is still out there.

Team Kimberlin Post of the Day

This episode of Your Truly, Johnny Atsign first ran eight years ago today.

* * * * *

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

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

CALLER: (Telephone Filter) Mr. Atsign, my name is Steve. I’m a fan of your show.

JOHNNY: Hello, Steve. What can I do you?

CALLER: (Telephone Filter) Well, you could check for a DM from me in your Twitter account.

JOHNNY: Oh?

CALLER: (Telephone Filter) Yes. I believe you’ll find the link it contains intriguing.

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

Sometimes, a blog’s comments are better than the post itself. That was true for the TKPOTD from seven years ago today.

* * * * *

Last week was a pretty good week. Aaron Walker’s motions to dismiss and for summary judgment were granted in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit. The remaining motions in the case will be heard on 10 March. It wouldn’t surprise me if the case is completely over after that hearing.

res_judicata_tshirtJudge Mason threw out all of the claims against Aaron on two grounds. First, he granted summary judgment on all the claims except part of the invasion of privacy nonsense on the basis of res judicata. He also granted summary judgment on the same bases as his motions to dismiss the six defendants who were dismissed back in September. Those includes failure to state a claim upon which relief can be granted and lack of personal jurisdiction for out-of-state defendants. (The court might have had personal jurisdiction over Aaron based on the battery claim, but that was wiped out by res judicata.)

The judge also found that The Dread Pro-Se Kimberlin had failed to state a claim upon which relief can be granted concerning the privacy torts TDPK alleged that weren’t covered by res judicata.

popcorn4bkThe net of this is that TDPK probably has no case left. Each of the other out-of-state defendants can point to rulings for the seven defendants who have been dismissed and say, “Me too!” Ali Akbar and I can point to Aaron’s ruling concerning res judicata and say, “Us too!” (But Ali may not have to bother because TDPK hasn’t served him.)

It will be interesting to see how Team Kimberlin spins out of control between now and 10 March.

Stay tuned.

* * * * *

Several commenters responded with limericks.

Charles Hudson
There once was a bomber from Speedway,
who whined to the courts for more leeway.
His motions were tossed,
and his cases were lost,
for his fantasy was but a …

… I can’t quite figure out that last word. Someone help me out here.

Vigilans Vindex
There once was a bomber from Speedway,
who whined to the courts for more leeway.
His motions were tossed,
and his cases were lost,

So now he’s a case for the DA.

BusPassOffice
And his good friend was a child pornographer
made stories without a photographer
but he preyed on small young boys
with nothing more than filthy noise
And then ran from the gathering stenographers

AJ Fornicarius Hoc
There once was a bomber from Speedway,
who whined to the courts for more leeway.
His motions were tossed,
and his cases were lost,

But sanctions? Not likely will he pay.

Heh.

Team Kimberlin Post of the Day

One of the reasons why Team Kimberlin has maintained a perfect batting average of 0.000 with their LOLsuits is their reliance on crackpot legal theories. This Legal LULZ Du Jour ran seven years ago today.

* * * * *

JWR smallThe Cabin Boy™ has been hitting the … um … the books … yeah, that’s it … hitting the books over at the Acme Legal Law Library and has come up with another couple of cockamamie theories. He really doesn’t understand the doctrine of res judicata.

YGNQ201601121918Z

I’ve never claimed that Roy Schmalfeldt’s allegations against the Cabin Boy™ are true. What I have noted is that by dismissing his lawsuit against Roy with prejudice, it now a settled matter that the Cabin Boy™ could not prove that what was said was false. I’ve also noted that the legal doctrine of res judicata prohibits The Dreadful Pro-Se Schmalfeldt from ever suing his distant cousin Roy over those statements again. By extension, if it wasn’t defamatory for Roy to make those statements before 19 August, 2015, it still shouldn’t be defamatory now.

Should someone else say the same thing about Bill Schmalfeldt? I wouldn’t advise it. However, it is not defamation to report the factual outcome of a court case or to offer an opinion about the future consequences of that case.

YGNQ201601121920Zpopcorn4bkThe Cabin Boy™ sued “Roy Schmalfeldt” and lost. The fact that the Cabin Boy™ didn’t know for sure exactly who he was suing doesn’t affect whether res judicata applies. The Cabin Boy™ is suing an unknown Roy in his LOLsuit VI: The Undiscovered Krendler, and res judicata shields that Roy from any thing that the Cabin Boy™ sued or could have sued about prior to 19 August, 2015. If TDPS decides to ID a particular person as “Roy Schmalfeldt,” that should have the affect of transferring the res judicata shield to that defendant.

The Cabin Boy™ should ask The Dread Pro-Se Kimberlin about res judicata and it’s bite.

* * * * *

As we saw in Brett Kimberlin’s latest loss at the Supreme Court, even a white shoe law firm has trouble saving a case when the facts and the law are against you.

BTW, Res Judicata goodies are available at The Hogewash Store.

Team Kimberlin Post of the Day

The whole of Team Kimberlin’s lawfare campaign was a pack of lies aimed at undermining the credibility of bloggers and reporters who were writing about Brett Kimberlin. Now, you’d think that people with that much practice at lying would at least be competent at it, but competence was rare among the members of Team Kimberlin. The TKPOTD for nine years ago was about an attempt by Matt Osborne (aka Xenophon) to lie about the progress of one of Kimberlin’s LOLsuits.

* * * * *

Xenophon is telling lies over at Breitbart Unmasked again (No, I won’t link to it.)—BU20140114Z9871receiptWhat really happened was that The Dread Pro-Se Kimberlin’s motion for alternate service on Ali Akbar was denied. You see, Maryland Rule 2-121(a) requires that service of process via mail be by Certified Mail, Return Receipt Requested, Restricted Delivery. Unfortunately, TDPK didn’t check the box for Restricted Delivery on the Certified Mail green card. Also, and this is confirmed by the USPS mailing receipt he filed as an exhibit in his RICO status of service report, he didn’t pay for Restricted Delivery either. The Restricted Delivery charge in 2013 was $4.75 in addition to the $5.65 for Certified Mail with Return Receipt. Sure enough, the copy of the green card that Kimberlin filed with his motion for alternate service does not have the Restricted Delivery “Yes” box checked. Even if he had mailed the package to correct address, service would have not been valid.9871_a

Meanwhile, TDPK was unhappy that Ali’s lawyer was not being cooperative, that is to say, was looking out for his own client’s interests. In a fit of pique, TDPK filed a motion for sanctions against Ali’s lawyer, and, to make sure that he got it right this time, he included an exhibit that showed the green card with the box checked.9871_b

And he got caught.

And Judge Burrell was not amused by having two versions of the same document from the same party. Motion denied!

Furthermore, at no time during the hearing did Judge Burrell verbally order Ali’s lawyer to disclose Ali’s current address to TDPK, and she has not sent any such written order to Ali’s lawyer.

So what we have here is a notorious liar lying about what happened when a convicted perjurer got caught filing an apparently forged document with a court.

#Fail

* * * * *

That one check mark wound up costing Kimberlin dearly.

Team Kimberlin Post of the Day

Brett Kimberlin’s appeal got denied by the Supreme Court because even with real lawyers writing his petition and real lawyers filing a supporting amicus brief, there were neither facts nor law from which he could make a case. The Legal Lulz Du Jour from seven  years ago today gave an example of how poorly Team Kimberlin did when they tried acting pro se, that is, representing themselves.

* * * * *

It obvious from these tweets that the Cabin Boy™ still hasn’t read N.C. R. Civ. P. 5(b1).NQ201601130350ZNQ201601130352ZBTW, Sputnik 1 decayed out of orbit on 4 January, 1958. The last Sputnik satellite was an amateur radio satellite. (My son William received a QSL card from the operators of the satellite.) That was Sputnik 41, and it decayed out of orbit on 11 January, 1999.

* * * * *

The case, in which Bill Schmalfeldt was trying to defend himself involved restraining order. Of course, this is the quality of what he filed …

Team Kimberlin Post of the Day

In yesterday’s TKPOTD, I took note of Brett Kimberlin’s felony convictions that he had racked up prior to the Speedway Bombing trials. Ten years ago today, this post about Dread Pirate #BrettKimberlin and Gun Control looked at the weapons in his possession when he was busted for drug smuggling.

* * * * *

Those who feel that adding more laws to the 20,000+ gun control laws now on the books will have any effect on reducing crime should consider the case of Brett Kimberlin. He was convicted of a felony before he turned 20. As a felon, he is barred by federal law from possessing a firearm. With that in mind, let’s take a look at what Mark Singer writes on p. 106 of Citizen K about what TDPK had in his possession when he was busted for drug smuggling.

… strobe lights, walkie-talkies, a twenty-thousand-watt searchlight, bulletproof vests, handcuff, two Taser electric-shock-inducing stun guns, several military uniforms and berets bearing United States Special Forces and Special Officer and Department of Defense and American flag patches, U. S. Postal Service uniforms, a 20-gauge shotgun, a .22-caliber revolver, a .22-caliber automatic pistol with a silencer, a.38-caliber revolver, a box of silicone-sealed .38-special shells loaded with cyanide, a gas mask, and eight pairs of panty hose.

Other passages in the book mention TDPK in possession of an AR-15 rifle.

TDPK was not impressed by and had no respect for the Gun Control Act of 1968 that outlawed his possession of firearms. You know, it might just be the case that other criminals will be willing to break that law, and enacting more laws probably won’t restrain them any more effectively.

* * * * *

Of course, The Deadbeat Pro-Se Kimberlin’s legal career consisted of nothing except shooting blanks.

Team Kimberlin Post of the Day

It was eleven years ago today that Brett Kimberlin tried to use his iPad to take a picture of Aaron Walker in the waiting area outside Judge Rupp’s courtroom in the Montgomery County Courthouse. Given the context of the of the statements The Dread Deadbeat Pro-Se Kimberlin had made, Aaron interpreted Kimberlin’s movements as threatening, and he acted to disarm Kimberlin by taking the large object Kimberlin was brandishing out of his hands.

Things went downhill from there, and TDPK built a false narrative around the event which resulted in a bogus peace order against Aaron, Aaron being arrested on a false charge related to that order, and years of follow-on lawfare. Oh, and lots of adverse publicity for Brett Kimberlin.

BTW, taking a photograph in a Maryland courthouse without permission from a judge is against the law.

Oh, one more thing … IANAL, but wouldn’t Kimberlin’s threatening gesture with his iPad constitute an assault on Aaron Walker?

Team Kimberlin Post of the Day

It was probably a case of monkey-see/monkey-do. After Brett Kimberlin began his campaign of lawfare, Bill Schmalfeldt tried to raise money to fund lawsuits against me. Baghdad Blob’s New Blog ran nine years ago today.

* * * * *

As some of you may remember, Bill Schmalfeldt tried to raise $10,000 last year to fund a lawsuit against me. He received no donations. This year, he’s going first class and has a blegging campaign going to raise $25,000 (No, I won’t link to it.) As of the drafting of this post, he hasn’t raised a dime.

The following is from his appeal:

[O]ne individual was successful in getting a “peace order” against me. This gave the “Google Bombers” leave to refer to me as an adjudicated harasser. I am appealing that decision in Maryland’s highest courts.

The finding in Hoge v. Schmalfeldt that he harassed me was the basis for the peace order being issued. Schmalfeldt has already appealed the Circuit Court’s decision to the Maryland Court of Appeals (the state’s highest court) and his petition for a writ of certiorari was denied. All of his state appeals are exhausted, so, unless he is planning to file a petition for a writ of certiorari with the Supreme Court of the United States on or before 19 January, that matter is decided. After that deadline, his last opportunity for appeal will have expired. Schmalfeldt often confuses one legal term with another. It may be that what he really means is that he’s appealing the six-month extension of the peace order. Whatever the case, Bill Schmalfeldt has been adjudicated a harasser, and, after 19 January, that will be unappealably final. Game over.

The Cabin Boy also writes that

I can’t find an attorney willing to represent me on a contingency …

which isn’t surprising. He has no real case. If he did, he could easily find a lawyer who would be willing to represent him on a fee-contingent basis.

… and filing a lawsuit pro se is beyond my means and ability.

That, at least, shows that he may have learned something from his foray into pro se litigation during the hearings on his motion to modify the peace order and my motion to extend it.

#Fail.

* * * * *

Schmafleldt certainly proved that bit about his ability to manage a pro se suit with LOLsuits I through VIII.

Oh, and speaking of monkeys …

Team Kimberlin Post of the Day

My podcasting partner and former fellow codefendant Stacy McCain refers to Brett Kimberlin as The World’s Worst Pro Se Plaintiff™. The TKPOTD for seven years ago today displayed one of The Deadbeat Pro-Se Kimberlin’s dumbest moves in any of the case he filed against me.

* * * * *

The Gentle Reader may remember that I have filed a motion for sanctions against The Dread Pro-Se Kimberlin for failure to properly serve court papers on me in the Kimberlin v. Team Themis, et al. RICO2: Electric Boogaloo LOLsuit. I received this in the mail on Saturday. It appears to be an opposition to my motion.

Note: This is the first court document published under the new Hogewash! policy of not usually redacting signature blocks on public court documents.

Comments are open, but please don’t educate the midget on his mind-bogglingly stupid error.

UPDATE—A further note about redaction: In general, home addresses and home telephone numbers will still be redacted. Business contact information will not be.

* * * * *

On 21 July, 2017, Judge Hazel filed his memorandum opinion granting summary judgment in Patrick Frey’s favor and bring the case Kimberlin filed in October, 2013, to an end. Of course, Kimberlin appealed, and of course, he lost in the Fourth Circuit as well.

Now that case has been dead for over five years, I suppose I can point out the worst of Kimberlin’s errors in that filing. It violated one of the requirements of the case management order it cites—

No motion, opposition, or reply may contain any redundant, immaterial, impertinent, or scandalous matter, or any ad hominem attack on any party, any Judge or employee of this or any Court, or any other person.

Incompetent is as incompetent does.

Team Kimberlin Post of the Day

Brett Kimberlin filed his RICO Madness LOLsuit against me and my codefendants (there were 24 defendants in the case at one point) in the middle of October, 2013. It took until January, 2105, to get all of the preliminary motions filed, oppositions filed, and relies filed. The TKPOTD for eight years ago today dealt with the beginning of the end of that LOLsuit.

* * * * *

The replies to The Dread Pro-Se Kimberlin’s omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness are due by next Thursday. I have reason to believe that some will be filed earlier, and if they are, I’ll post them as they become available on PACER.

I hope that there will not be much delay between those replies being filed and the judge ruling on our motions.

Stay tuned.

* * * * *

It wasn’t until the middle of March, 2015, that the case was finally dismissed, except for one count against Patrick Frey.

Speaking of staying tuned, Kimberlin’s petition to the Supreme Court for review of his Speedway Bombing conviction was circulated to the justices for their conference this Friday. We may know more about the fate of that case soon.

Team Kimberlin Post of the Day

Team Kimberlin posts titled Qapla’ are among my favorites. This one is from five years ago today.

* * * * *

I received a phone call a few minutes ago from Louis Nettles, the lawyer representing my codefendants and me pro bono in LOLsuit VIII: Avoiding Contact. The suit is now officially dead.

I wish to thank Mr. Nettles for his help.

Everything is proceeding as I have foreseen.

UPDATE—I’ll just make one other point concerning LOLsuit VIII for now. As I’ve noted before, I’m not through with Bill Schmalfeldt yet. The proper next step depended on the outcome of this case. Now that it is resolved, the appropriate course of action is defined.

Based on advice from our lawyer, I’ve not published much about this case while it was in progress. I’ll have more to tell the Gentle Readers about LOLsuit VIII over the next few days.

Stay tuned.

* * * * *

A malefactor can wind up SOL when what he’s done has no SoL.

Team Kimberlin Post of the Day

Part of Team Kimberlin’s PR effort was to threaten those of us being sued by the Dread Deadbeat Pirate Pro-Se Kimberlin with the direst of dire direness if we didn’t settle on terms favorable to the plaintiff. One of the early threats that fizzle was that Kimberlin had found a top notch lawyer who would crush us in court. The Bonus Prevarication Du Jour from nine years ago today was about one of Matt Osborne’s (aka Xenophon) attempts to spin that yarn.

* * * * *

Here’s another whopper from Xenophon at Breitbart Unmasked (No, I won’t link to it).BU20131223If The Dread Pro-Se Kimberlin really has found a lawyer willing to represent him, that lawyer will be filing an appearance with the court, and that should appear on the docket. Soon. As of this evening, the online database for the Kimberlin v. Walker, et al. lawsuit still shows Brett Kimberlin as pro se, that is, representing himself without counsel.

I suspect that Xenophon is simply lying. The post containing that statement is dated 23 December. That’s the same day that Brett Kimberlin filed his latest round of motions in the lawsuit, and they were filed pro se rather than through counsel. I’ll believe that TDPK has found a lawyer willing to risk his law license by signing on to the claims in Kimberlin’s Amended Complaint when I see his appearance in the case docket or see him show up in court.

OTOH, Xenphon’s “sources” may have told him that TDPK has a competent lawyer. If that’s the case, it may be time for a med check.

* * * * *

Brett Kimberlin has managed to talk a law firm into providing him with pro bono representation for his petition seeking the Supreme Court review the Seventh Circuit’s denial of his attempt to have his Speedway Bomber convictions set aside. His petition has been distributed to the justices for their conference on 6 January.

Stay tuned.

Team Kimberlin Post of the Day

After I wound up as a defendant in several First Amendment lawsuits, I began doing volunteer paralegal work supporting other bloggers defending their free speech rights. A large part of that work has been proofreading court papers. The TKPOTD for eight years ago today included some proofreading I offered to The Dread Deadbeat Pro-Se Kimberlin.

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The Dread Pro-Se Kimberlin clearly needed some editorial help with his omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness.ECF 231-21#FixedItForYou

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I’m not done with him yet.

Team Kimberlin Post of the Day

Stacy McCain refers to Brett Kimberlin as The World’s Worst Pro-Se Litigant™. The Dread Deadbeat Pro-Se Kimberlin is certainly a strong contender for that title. The TKPOTD for nine years ago today dealt with one oversight in his planning for the RICO Madness LOLsuit.

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RICOMadnessAaron Walker points out that The Dread Pros-Se Kimberlin must not have been looking at a calendar when he filed various legal paperwork.

So to keep a tally, Brett has to respond to 1) a motion to dismiss the RICO suit by John Hoge, 2) a motion to require verified filings in the RICO suit by John Hoge, 3) a motion to dismiss the RICO suit by me, 4) a motion to require verified filings in the RICO suit by me, 5) a memorandum in support of Kimberlin Unmasked’s right to remain anonymous in state court, 6) a motion to dismiss the RICO suit by DB Capital Strategies, and 7) a motion to dismiss the RICO suit by the Franklin Center.  And he will have to work on all of it over Christmas—I mean, he doesn’t want to default on any of that, does he?

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Incompetent is as incompetent does.

Team Kimberlin Post of the Day

TeaTeam Kimberlin The TKPOTD for eight years ago today provided a summary of why Brett Kimberlin would lose the federal claims in the RICO Madness LOLsuit and why he would lose the state claims he tried to keep alive in his RICO Retread LOLsuit.

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The Dread Pro-Se Kimberlin wrote in one of his filings that Ace of Spades lawyer was being “hyper technical” by insisting that Kimberlin was suing the entity actually called out in his Kimberlin v. The Universe,et al. RICO Madness complaint rather than a third party. In his omnibus opposition to the motions to dismiss the RICO Madness he claims that we defendants are relying on technicalities rather than facts.ECF 231-2This is ripe for fisking.

<fisking>

Because there is no truth to their defamatory statements …

The reason TDPK lost his state Kimberlin v. Walker, et al. lawsuit was because he couldn’t show that anything we said and wrote about him was false. The doctrine of res judicata prohibits him from retrying those issues related to defamation. He can now longer use any of the evidence that he raised in that trial against Aaron Walker, Stacy McCain, Ali Akbar, or me. Not only that, but he can’t use any of evidence that was available to him at the time that he could have raised but failed to do so.

… they instead ask the Court to dismiss the case for many technical reasons, …

“Technical reasons” means points of law.

… such as, 1) the three year statute of limitations should not apply to the false light claim, …

Yep. It should. The Smith v. Esquire decision that says so is a binding precedent in the District of Maryland. Kimberlin has misrepresented the Allen v. Bethlehem Steel case as being a ruling of the Maryland Court of Appeals which would be a binding interpretation of state law. In fact, it is a decision from a lower court and isn’t binding on the U. S. District Court. Also, TDPK has provided a false citation to the case.

… 2)  defamation and false light cannot apply to Plaintiff because he is a public figure and 3) defamation proof, …

I don’t recall any of the defendant arguing that a public figure can’t sue for defamation or false light, but several of us have pointed out that Brett Kimberlin’s reputation was so bad before we ever wrote or said one word about him that it was impossible to take it any lower. Brett Kimberlin is a convicted serial bomber like Ted Kaczynski (the Unabomber), and convicted serial bombers are notorious public figures with bad reputations.

… 4) the Defendants did not engage in a RICO Enterprise, …

As a matter of fact, we didn’t, and simply say that we did without saying who did what to whom on which day is not a well-plead allegation as required by Federal Rule of Civil Procedure 8.

… 5) the First Amendment allows fair comment …

Yes, it does.

… 6) Defendant Frey did not act under color of law, …

Well, he didn’t, and the U. S. District Court for the District of Southern California ruled that he didn’t in the very similar Naffe v. Frey case. Given that the facts of that case are so similar to the half-baked allegations in the RICO Madness, given that TDPK has not explained why that court got anything wrong, and given the rulings in similar cases by the Fourth Circuit (the next higher federal court to the District of Maryland), Kimberlin doesn’t have much of a case here.

… and 7) the SAC violates the Maryland Anti-SLAPP statute.

SAC stands for “second amended complaint,” and, yes, it does. It has the effect of chilling discussion of a topic of public interest.

Each of these and other arguments is without merit and belied by the facts and law.

Uh, huh.</fisking>

#SMH

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And his follow on cases, RICO Remnant; RICO 2: Electric Boogaloo; RICO 3; and Kimberlin v. McConnell, et al. were even more shoddily crafted—and losers every one.

Team Kimberlin Post of the Day

Brett Kimberlin originally got tagged here at Hogewash! as Lord Voldemort (He Who Must Not Be Named) because of his futile attempt to use peace orders to punish Aaron Walker from writing about him. After Kimberlin put up a pirate-themed Bloggers Offense Team website, I began referring to him as The Dread Pirate Kimberlin. That evolved into The Dread Pro-Se Kimberlin, The Dread Perjurer Kimberlin, and more. After Kimberlin began defaulting on payment of sanctions and court costs, Dread became Deadbeat.

Brett isn’t the only member of the Kimberlin family to be sanctioned for misbehavior in a lawsuit. This TKPOTD first ran five years ago today.

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Aaron Walker sought discovery sanctions against Tetyana Kimberlin because of her failure to be deposed during discovery in the Walker v. Kimberlin, et al. lawsuit. Sanctions have been granted.398855v-di_376The Kimberlins sought to recover their expenses defending the suit. Their motion was denied.398855v-di_378Everything is proceeding as I have foreseen.

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Neither of the Kimberlin’s has paid a dime of the sanctions and court cost they owe.

It would be wise for them to rectify that failure.