Team Kimberlin Post of the Day


The TKPOTD from five years ago today examined one of the claims Brett Kimberlin made in his second federal RICO LOLsuit against me.

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Here’s an interesting bit of information from The Dread Pro-Se Kimberlin’s opposition to the motions to dismiss his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.ECF 74-p21A loss in his earnings? Hmmmmm. That loss must have been relatively recent. The IRS Form 990s for Justice Through Music show him making $19,500 a year in 2010, 2011, 2012, and 2013. (2014’s form doesn’t appear to have been filed yet.) Of course, TDPK’s claim about lost earnings will be easily checked if the suit gets into discovery.

Stay tuned.

* * * * *

Indeed, Kimberlin was lying. The Justice Through Music Project Form 990s through 2018 all show his compensation as $19,500 per year.

They also show an interesting trend in the not-for-profit’s income.

2013 $380,287
2014 $595,230
2015 $373,508
2016 $618,790
2017 $394,740
2018 $561,794

Of course, it could be purely coincidental that JTMP’s income spiked upward during election years. After all, as a 501(c)(3) entity, it isn’t supposed to engage in partisan political activity, and Kimberlin created the now defunct Velvet Revolution US as a 501(c)(4) which could engage in political advocacy.

Meanwhile, all to the Kimberlin-related websites, including jtmp dot org as of the time this post is being drafted, hosted in the U. S. have gone dark.

Team Kimberlin Post of the Day


I probably should have titled this post Brett Kimberlin and the Case of the Missing Websites. Seven years ago today, I had a couple of posts about Kimberlin-related websites. The TKPOTD was about a site that had disappeared.

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The Gentle Readers who have been following The Saga of The Dread Pirate Kimberlin lo these many months may remember posts about a website called globalpharma dot biz. This was a site for a company that appeared to have a physical presence in Arizona but whose website was hosted in Holland on the same server as the Kimberlin-related off-shore sites. It’s name server was unmaskedhosting dot com, a domain apparently owned or controlled by Brett Kimberlin. globalpharma dot biz offered to sell me Schedule IV prescription drugs for sale with no prescriptions required.

When I checked yesterday afternoon, the website was missing.globalpharma_miaA bit of digging turned up this interesting information about the domain’s name server history.globalphama_nsChange of ownership?

Hmmmmm.

UPDATE—Here’s a couple of interesting thoughts that popped up while reviewing The Dread Pirate Kimberlin’s RICO suit against me. Neither it nor the state lawsuit he has filed mention any of my writing about globalpharma dot biz.

Also, there’s an interesting coincidence in the timing of globalpharma dot biz going dark. It happened around the time the RICO suit was being drafted and filed. I wonder if a review of 18 USC 1961 had anything to do with the site going down?

As used in this chapter—

(1) “racketeering activity” means (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year; … (D) any offense involving fraud connected with a case under title 11 (except a case under section 157 of this title), fraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), punishable under any law of the United States …

* * * * *

The second post, It’s Not Exactly Fraud … , was about a money raising site.

* * * * *

… but it looks kinda shady. The Dread Pirate Kimberlin’s “charity” Justice Through Music Project runs a website called pussyriotdefensefund dot org. Just looking at the name, it would not be unreasonable for someone to assume that the site was involved in raising funds to help with the legal defense for members of the Russian rock band that have been prosecuted.

Here’s the top of the site’s home page. (Click on the image to embiggen it.)pussyriotdefensefund_orgZooming in on the text show this:pussyriot_zoomSee, Gentle Reader, the site’s not really a fraud because it comes right out and tells you that the donations go to JTMP.

BTW, TDPK has filed a federal RICO accusing me of mail fraud and wire fraud because I asked you to donate to funds supporting other bloggers and because I am now one of the beneficiaries of a fund to defend against a frivolous and vexatious lawsuit from Kimberlin. If you believe that the BomberSuesBloggers fund is a scam, please don’t contribute. If you think that blogs such as Hogewash! should be able to publish about potential scams, even if they might be run by Brett Kimberlin, then please go over to the BomberSuesBloggers  [Dead link. We took the site down after we won the LOLsuit.] site and find out how you can help.

* * * * *

Kimberlin eventually pulled the plug on pussyriotdefensefund dot org. Perhaps it wasn’t generating enough cash flow to bother paying for its hosting. Or Kimberlin may have let lapse through inattention.

Whatever.

Meanwhile, the Justice Through Music Project website was still missing in action as of 9:30 pm ET, Saturday.

Team Kimberlin Post of the Day


Seven years ago today, I was sitting in the lobby of the Carroll County Historic Court House waiting for a hearing related to the Hoge v. Schmalfeldt peace order, when Brett Kimberlin walked up to me and handed me an envelope. He was attempting to serve me with an amended copy of his Kimberlin v. Walker, et al. LOLsuit and effect initial service of his Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuits. Service was defective in both cases because Kimberlin personally served me. Parties can’t serve each other. If he’d simply handed the envelope to my lawyer who was sitting next to me, the service would have been proper.

This episode of Blogsmoke is from five years ago today.

* * * * *

Blogsmoke

SOUND: 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


Team Kimberlin is a bunch of liars. For example, consider this Prevarication Du Jour from four years ago today.

* * * * *

Last year, Breitbart Unmasked Bunny Boy Unread falsely reported on what happened in the 13 March and 14 May hearings on the peace order petition that Brett Kimberlin filed against me. The accuracy of its reporting under its current retread editor is no better. Indeed, it may be worse.bu210610151234zIn fact, the court made no such finding.

Of course, if the current editor of Breitbart Unmasked Bunny Billy Boy Unread believes that he can prove that I have engaged in stalking of the Kimberlin family, he can try to make that part of his defense in Hoge v. Kimberlin, et al. However, before he wastes his time, he might want to consider that when The Dread Pro-Se Kimberlin attempted to sue me for stalking in Kimberlin v. Walker, et al., he lost on summary judgment. Also, when he has tried raise the issue in further lawsuits, he lost again. More to the point, when TDPK filed his failed 2015 peace order petition, he alleged stalking as one of the bases, but the judge who reviewed his petition struck the stalking allegation from the temporary order.

* * * * *

Meanwhile, returning to 2020, the current Kimberlin-related news operation EuroMaidanPR has taken no notice of the Hunter Biden Ukraine story that broke in the NY Post yesterday,

Hmmmmm.

Team Kimberlin Post of the Day


As I’ve noted before, ridicule has been an important part of my pushback against Brett Kimberlin’s attempts at intimidation and harassment. This episode of Blogsmoke from four years ago today dealt with one example of my mocking him.

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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

JOHN: I’m stepping out of character for this episode to share this bit of testimony from the Walker v. Kimberlin, et al. trial. This exchange occurred on Wednesday afternoon …

MR. KIMBERLIN: Do you, on your blog, do you have a character [unintelligible] and Internet sheriff, Blogsmoke?

MR. HOGE: Ah, yes, um. A, um, website that I believe is associated with you called, ah, Breitbart Unmasked, ah, did a satirical piece about me, ah, trying to paint me as someone who’s the, ah, Internet sheriff and used the term Blogsmoke, and so I, ah, in return started a a feature that is a take off on the Gunsmoke radio program that was on in the ’50s. And, yes.

MR. KIMBERLIN: So you see yourself as the Internet sheriff?

MR. HOGE: No, I don’t. I consider it a way of poking fun at the people at Breitbart Unmasked by taking their idea and running with it and having a running gag that’s lasted for about two-and-a-half years now.

MUSIC: SCENE BUMPER MUSIC—RECORDED—CUT 4

ANNOUNCER: Autumn is here, and cool weather is settling in. Soon it will be time to sit by the fire with a hot drink. Are you a proud member of Team Lickspittle and a fan of Johnny Atsign? Why not sip that drink from a Johnny Atsign coffee mug? Johnny Atsign, Team Lickspittle, The Grand Hog, Murum Aries Attigit, and Res Judicata merchandise is available exclusively at The Hogewash Store. Drop by today, spend some money, and show your support for Team Lickspittle. You can also show your support by hitting the Tip Jar.

MUSIC: SCENE BUMPER MUSIC—RECORDED—CUT 5

JOHN: That’s it for this week. I hope everyone at Breitbart Unmasked enjoyed being mentioned.

MUSIC: CLOSING TITLE UP AND UNDER—RECORDED—CUT 6

ANNOUNCER: (VOICE OVER MUSIC) Even with a good imagination, we can’t come up with stories as strange as The Bomber and his buddies provide for episodes of “BLOGSMOKE”!

MUSIC: SWELL AND CONTINUE TO MUSIC OUT

ANNOUNCER: The Legal Department wishes the following declaimer read: “‘BLOGSMOKE’ is a work of fiction. Anyone who feels it might be about him should read Proverbs 28:1.”

This is LBS, the Lickspittle Broadcasting System.

* * * * *

Heh.

Team Kimberlin Post of the Day


Alinsky’s Rule 5 says, “Ridicule is man’s most potent weapon,” and pointage, laughery, and mockification has always been a part of this blog’s pushback against Team Kimberlin. One of the recurring themes has been to suggest that the Gentle Reader have a good supply of popcorn (or other entertainment treats) on hand while watching The Dread Deadbeat Pro-Se Kimberlin flail away at his lawfare. That theme became enough of an annoyance to Kimberlin that he complained about it in various court filings. Eight years ago today, Hogewash! ran this post, Dread Pirate #BrettKimberlin and Four Food Groups.

* * * * *

For the Gentle Readers of Hogewash!:

For The Dread Pirate Kimberlin:

Bon appétit!

* * * * *

Mmmmmm. Popcorn.

Team Kimberlin Post of the Day


One of the defining characteristics of Team Kimberlin has been their mouths writing checks that their asses couldn’t cash. This Bonus Prevarication Du Jour from seven years ago today offers an example.

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@Mjanovic201310120129ZYes, my counsel of record in the Kimberlin v. Walker, et al. lawsuit is pro bono. So are all the members of the team of lawyers from around the country backing him up. (The Popehat Signal is a marvelous thing. Thanks, Ken.) They are lawyers from across the political spectrum with a dedication to the First Amendment who see it as a civic and professional duty to defend it against such egregious attacks as Kimberlin’s.

Half-assed? I don’t think so, but a one-percent-assed effort by the assembled team would probably be sufficient to overcome Kimberlin’s pitiful suit.

Definitely lose? Badly? Well, we will see who winds up owing whom. Even a dismissal could leave Brett Kimberlin responsible for costs and my expenses and legal fees. Legal fees? Yes, legal fees. My lawyer is pro bono for me but not for Kimberlin. Legal fees.

AFTERWORD—Bill Schmalfeldt seems to think that there is some significance to the fact that my lawyer is not a member of the Maryland State Bar Association, a voluntary organization. Membership in that organization should not be confused with being admitted to practice law in Maryland. I wonder if the Cabin Boy is aware that the two Maryland lawyers who are on the board of Velvet Revolution US, Jeffery R. Cohen and Kevin Zeese, also chose not to belong to the Maryland State Bar Association? The Cabin Boy has also noticed that my lawyer is also a CPA. Trust me, Gentle Reader; that’s going to be a plus.

* * * * *

Speaking of uncashed, or more accurately, unwritten, checks, The Dread Deadbeat Pro-Se Kimberlin still owes the sanctions and court costs taxed against him in several of his LOLsuits.

Team Kimberlin Post of the Day


I’ve made a point of posting as much as possible of The Dread Deadbeat Pro-Se Kimberlin’s legal filings. His first lawfare attack on me occurred in July, 2013, when he filed a false Application for Statement of Charges against me alleging that I has stalked and harassed him. Because the State’s Attorney’s Office dropped the charges and sought to have them expunged, I wasn’t able to see exactly what Kimberlin had claimed until I was able to get the case unsealed. (I needed it unsealed so that I could sue for malicious prosecution.)  I finally got around to publishing his bogus allegations four years ago today.

* * * * *

While I’ve been preparing discovery requests for the Hoge v. Kimberlin, et al. lawsuit, I noticed that I’ve never published the Application for Statement of Charges that The Dread Pro-Se Kimberlin filed against me in 2013. Last November, I petitioned the District Court to be allowed to inspect and have a copy of the case file. Now that the expungement has been vacated and anyone can get a copy, I might as well post it. Here’s the case docket as I received it last November.

TDPK has said that he asked for the expungement. As the Gentle Reader can see, it was the State’s Attorney’s Office who asked for the expungement, not Kimberlin.

Falsus in uno, falsus in omnibus.

* * * * *

The Application for Statement of Charges was signed under penalty of perjury. The Gentle Reader should not be shocked that a convicted perjurer would perjure himself again.

Team Kimberlin Post of the Day


I’m so old, I remember when journalists were still generally called reporters and the good ones at least pretended to take a “just the facts” approach to the news. OTOH, I’m older than any of the alleged journalists associated with Team Kimberlin, so it may be they never really were exposed to good reporting. That may explain the situation discussed in the Prevarication Du Jour from seven years ago today.

* * * * *

Bill Schmalfeldt tweeted this in the context of comments about his using a threat to cause a woman to lose her children unless she gave him him information.ffr201310021523Z

Here’s what Schmalfeldt actually wrote to the woman.BSthreatOBNSchmalfeldt maintains that he was behaving in an ethical manner as a journalist when he sent that message. The Cabin Boy also touts the Code of Ethics of the Society of Professional Journalists. Let’s examine how the tactic he used with this potential source fits within that Code. This item seem applicable.

Journalists should:

— Show compassion for those who may be affected adversely by news coverage. Use special sensitivity when dealing with children and inexperienced sources or subjects.

As near as I can tell, nothing in the story he was “investigating” had anything to do with the woman’s children or whether or not they should be taken from her. It seems that he was simply using the threat as a bludgeon to get her to “play smart” and give him the information he wanted. It’s unclear that she was even a direct part of the story. IANAL, but that message seems very close to blackmail or extortion, and since it was sent via interstate communications, a violation of federal law.

And what compassion was he showing the children who would have been affected by his threats?

But the Cabin Boy says he’s ethical … because JOURNALIST!

UPDATE—Stacy McCain appears to question Schmalfeldt’s journalistic ethics also.

* * * * *

The alleged desire of Cabin Boy™ (Schmalfeldt) and Bunny Boy (aka Matt Osborne) to have access to sealed documents was the reason that Brett Kimberlin cited to a court filing seeking to unseal discovery in the Kimberlin v. Frey RICO Remnant LOLsuit. The court didn’t relax its protective order, so Kimberlin’s fishing expedition failed.

BTW, when Brett Kimberlin tried to use sealed discovery from Frey during the Hoge v. Kimberlin, et al. trial, Judge Hecker said that the federal court’s order wasn’t his to enforce and that Kimberlin could try to introduce the documents. Then, the judge also noted Kimberlin should consider the possible consequences of disobeying the federal court. Kimberlin chickened out.

Team Kimberlin Post of the Day


Brett Kimberlin never should have gone after bloggers who were writing truthful things about him. He never should have sued blogger, especially me, for defamation. The TKPOTD for six years ago today outlines what he lost when the court threw out the Walker v. Kimberlin, et al. nuisance LOLsuit.

* * * * *

Most of The Dread Pro-Se Kimberlin’s vexatious Kimberlin v. Walker, et al. lawsuit died before the trial stated when Judge McGann threw out five of the seven counts in his complaint on summary judgment. During the trial, Judge Johnson found that TDPK hadn’t presented a “scintilla” of evidence to support the remaining defamation and false light counts and granted a directed verdict in favor of us defendants.

As a matter of law, we defendants now have findings on the merits that we did not engage in malicious prosecution against Brett Kimberlin, that we did not conspire to abuse process against Brett Kimberlin, that we did not defame Brett Kimberlin, that we did not engage in false light invasion of Brett Kimberlin’s privacy, that we did not harass Brett Kimberlin, that we did not intentional inflict emotional distress on Brett Kimberlin, and that that we did not stalk Brett Kimberlin. The claims made by Brett Kimberlin were found to have no basis in fact. That includes the following allegations specifically made in his second amended complaint:

• There is no evidence for his claim that he was assaulted by Aaron Walker.
• There is no evidence for his claim that Aaron Walker or I suborned perjury from Tetyana Kimberlin.
• There is no evidence for his claim that Tetyana Kimberlin’s accusation against him of third degree sexual offense was false.

Furthermore, the court ruled that we did not defame TDPK or place him in a false light when we said or wrote the following things about which he complained in his suit:

• That he caused Aaron Walker to be fired from his job.
• That any of us believe he is a pedophile.
• That he has used mentally abusive tactics against his wife.
• That he is evil.
• That he is a misogynist.
• And all the other things he cited in his second amended complaint.

TDPK’s very own false narrative has been gutted. It’s now roadkill, lying open for all to see. It isn’t pretty. But lies never are when you see them for what they are.

Meanwhile, TDPK has his omnibus answer to all the motions to dismiss in the Kimberlin v. The Universe, et al. RICO Madness due on 15 October.

Everything is proceeding as I have foreseen.

* * * * *

Kimberlin is a slow learner. He kept suing bloggers, including me. I argued in subsequent suits that his reputation was so poor because of his history as a serial bomber that it was impossible to defame him, so he had no grounds to sue for defamation. Eventually, one of the courts agreed with me. It granted defendants dismissal for Kimberlin’ failure to state a claim upon which relief could be granted because his reputation made him defamation proof.

It appears that Kimberlin has refrained from further litigation since his Kimberlin v. Breitbart Holdings, et al. RIOC 3 LOLsuit was dismissed, but he’s found other project to fail at. He failed in his election protection activities in 2016. He got scammed out of $9,000 when the dirt he thought he was buying on the Trump administration turned out to be bogus. And it’s been over a week since his @itstime_2020 account had a fresh tweet or picked up a follower. It still only has 2.

Failing failures gotta fail.

Team Kimberlin Post of the Day


One of the claims that the Dread Deadbeat Pro-Se Kimberlin made in his LOLsuits is that people had made money off of writing about him and his activities. Of course, people make money writing about other people all the time. Folks are willing to pay for interesting, informative, or entertain writing that tells stories about other people. Kimberlin was never able to connect a defendant’s writing about him to any injury he suffered. More important, he was never able to show that anyone’s reporting about him was false. The TKPOTD from six years ago today deals with one of his futile attempts to follow the money.

* * * * *

The Dread Pro-Se Kimberlin seemed especially interested in this blog’s ability to raise money. Here’s part of his direct examination of me during the Kimberlin v. Walker, et al. nuisance lawsuit trial.

MR. KIMBERLIN: Right, so and every day you have a post called Team Kimberlin Post of the Day?

MR. HOGE: That’s one of the features of my blog.

MR. KIMBERLIN: Right, uh-huh. And you also have a donate button on your blog where you can raise money and ask people to donate to you, right?

MR. HOGE: Actually it’s called a tip jar, but yes.

MR. KIMBERLIN: Yeah, tip jar, uh-huh. Okay, and you started this campaign called Everybody Blog about the Howard County Prosecutors. Can you tell just why that was started?

MR. HOGE: Yes, the —

MR. OSTRONIC: Objection.

THE COURT: Overruled.

MR. HOGE: Yes, Mr. Walker and his wife showed me credible evidence that you had, in fact, stalked them in the parking lot of the Howard County District Courthouse in Ellicott City. And when Mr. Walker and his wife went to talk with the State’s Attorney’s Office they were told by Assistant State’s Attorney Brewer that if they didn’t want to be harassed they should stay out of Maryland. And that didn’t strike me as responsible way for a State’s Attorney’s Office whether they’re going to nolle pross the, and not follow-up on charge or not, that just struck me as a very unfortunate attitude for a State’s Attorney’s Office. And so I thought they should be held accountable for it.

MR. KIMBERLIN: So you started this campaign and had people calling. How did it work?

MR. HOGE: Well basically the idea was that people should ask the State’s Attorney himself if that was, in fact, his policy.

MR. KIMBERLIN: So that’s where all this Maryland is for Stalkers kind of —

MR. HOGE: I have no idea where exactly that came from. I have seen that there was a blogger who for a short time had on Zazzle which is one of these internet sales companies a bumper sticker that said that. I think it was probably a parody on Virginia being for Lovers.

He brought up the Maryland is for Stalkers bumper sticker while Aaron Walker was on the stand as well. I don’t believe that it has been a very big seller, but it sure got under his skin. Of course, it’s entirely possible that it generated more sales than any of the Team Kimberlin merchandise that was offered by Brietbart Unmasked.

I wonder … is fundraising so precarious at JTMP and VRUS that TDPK is now jealous of my minor league blog?

Oh … one more thing … it seems to annoy Brett Kimberlin for folks to hit my Tip Jar.

* * * * *

I suspect that Kimberlin’s failure to generate traffic to online DONATE button may have made it more difficult to provide a smoke screen for funding from other sources.

For example, he seems to have vanishingly small traffic at the itstime2020 dot org site.

Team Kimberlin Post of the Day


Brett Kimberlin’s LOLsuits have failed because he has never been able to put together a logical argument that he has suffered any injury from truthful report about hime, his associates, and their activities. He’s had particular difficulty understanding what is admissible under the Rules of Evidence. The TKPOTD from six years ago today deals with one of the many times he was stopped by the judge enforcing those rules during the Kimberlin v. Walker, et al. trial.

* * * * *

It was pretty obvious from the load of … ah … junk he gave us in discovery for the Kimberlin v. Walker, et al. nuisance lawsuit that The Dread Pro-Se Kimberlin didn’t understand the rules of evidence or how to properly structure his case. He proved both during the trial. For example, consider this question he was never able to ask of Stacy McCain because it dealt with hearsay.

MR. KIMBERLIN: So do you know what the Southern Poverty Law Center is?

MR. OSTRONIC: Objection Your Honor.

THE COURT: What does the Southern Poverty Law Center have to do with this case?

MR. KIMBERLIN: Well Mr. McCain has —

THE COURT: The Southern Poverty Law Center, what does that have to do with this case?

MR. KIMBERLIN: Mr. McCain is considered a neo-confederate — is one —

MR. OSTRONIC: Objection, Your Honor.

THE COURT: Well —

MR. KIMBERLIN: And the Southern Poverty Law Center

MR. OSTRONIC: Objection, Your Honor.

THE COURT: Hold on a second. Counsel I appreciate you objecting to my question but I’m not going to overrule myself. That’s not something I do. So what does the Southern Poverty Law Center have to do with this case? I’m not asking you about Mr. McCain, I’m asking you about why are you asking him about the Southern Poverty Law Center?

MR. KIMBERLIN: I’m asking him the Southern Poverty Law Center is the leading, one of the leading civil rights organizations in the —

THE COURT: I understand all of that but what does it have to do with this case?

MR. KIMBERLIN: Because —

THE COURT: And the claim that you are making against these gentlemen?

MR. KIMBERLIN: Because Southern Poverty Law Center regularly outs racists —

MR. OSTRONIC: Objection.

THE COURT: So what if they do. What does that have to do with this case? This case isn’t about racists or racism.

MR. KIMBERLIN: It’s about hate. It’s about hate. These people hate me and they do anything to destroy me.

THE COURT: Well but why are you asking this witness about the Southern Poverty Law Center? First of all he couldn’t testify as to anything they said or did because it wouldn’t be an exception to any hearsay rule. So you would never be able to get that in evidence anyway.

MR. KIMBERLIN: All right.

MR. KIMBERLIN: Mr.—

THE COURT: Your objection’s sustained.

Of course, TDPK was trying to paint Stacy McCain as a racist, and that’s nonsense. Furthermore, given some of the racial epithets that TDPK is on record as have said and written, it was particularly unseemly for him to be trying to tar anyone else with that brush.

Even if Stacy or I or any of our codefendants were racist, that had no bearing on whether or not what we said and wrote was true, and TDPK had to prove that our words were false. Stupid is as stupid does, and TDPK tried to bring up racism a second time.

MR. KIMBERLIN: Have you ever been identified as a member of the hate group League of the South?

THE COURT: I’m sorry, what was that, what group?

MR. OSTRONIC: Objection.

MR. KIMBERLIN: League of the South.

THE COURT: League of the South?

MR. KIMBERLIN: It’s like an offshoot of the KKK.

MR. OSTRONIC: Objection, Your Honor.

MR. KIMBERLIN: It believes in —

THE COURT: What’s that relevant to, sir?

MR. KIMBERLIN: Well he brought it up.

THE COURT: He didn’t bring up the League of the South.

MR. KIMBERLIN: Huh?

THE COURT: He didn’t bring up the League of the South.

MR. KIMBERLIN: He talked about he’s not a racist.

THE COURT: Well the fact that he brought it up without objection doesn’t make it relevant. I mean what is the jury going to do with this? We’re not here about whether anybody is a racist or not, are we?

MR. KIMBERLIN: Well no, but he’s tried —

MR. MCCAIN: You’re white by the way.

Never try to outcrazy Stacy McCain.

* * * * *

It was almost worth all the hassle of the Kimberlin v. Walker, et al. LOLsuit to be able to watch Kimberlin destroy his own case by calling Aaron Walker, Ali Alexander, Stacy McCain, and Me at his witnesses. All we had to do to discredit his imagined narrative was to tell the truth. I suppose he was so unfamiliar with the truth that it caught him off guard.

BTW, the foreman of the jury (who was black) had been rolling his eyes as he listened to Kimberlin’s line of questioning, and he chuckled at Stacy’s “You’re white by the way” comment.

Meanwhile back in 2020, it looks as if no one is buying into Kimberlin’s latest false narratives. The @itstime_2020 Twitter account hasn’t seen any new tweets for over a week, and itstie2020 dot org’s global popularity ranking is still below 14,000,000. Also, while other English language Ukrainian news sites (e.g., Unian)  have been covering the Senate report on Hunter Biden’s foreign deals, empr dot media has ignored the story.

The Truth is out there. It’s just not often found on one of Kimberlin’s websites.

Team Kimberlin Post of the Day


The whole point of Brett Kimberlin’s campaign of brass knuckles reputation management via lawfare was to prevent truthful reporting about him, his associates, and their activities. He was determined to control the narrative. He failed. This post, Dread Pirate #BrettKimberlin’s Failing Narrative, showed how his effort was beginning to fail eight years ago today.

* * * * *

This was captured from the Bloggers Offense Team website (No, I won’t link to it):

Note the most recent post is almost three weeks old. The events of the last few weeks simply don’t fit the narrative that Team Kimberlin have been trying to spin. Justice draws nearer.

Tick, tick, tick, tick, …

* * * * *

Of course, the piracy site was abandoned as have many other of Kiberlin’s failed web ventures.

It’s now 2020, and the Kimberlin narrative spin at @itstime_2020 continues to get no real traction. However, that might be a good thing for Kimberlin because it will people from seeing the sort of promoted tweets that Twitter is place on the accounts home page. I had to chuckle when I was served this tweet while checking on @itstime_2020 yesterday evening—

Team Kimberlin Post of the Day


Sometimes, when you open a can of worms, it’s impossible to get them all collected and put back in the old can. This episode of Blogsmoke from four years ago today hints at how one of the character’s overreach would end up causing more trouble for him than he ever caused for anyone else.

* * * * *

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


The TKPOTD for four years ago today gave an accounting of Team Kimberlin’s LOLsiuits as of that date.

* * * * *

All of these cases have some things in common:

Kimberlin v. Walker, et al.; Kimberlin v. National Bloggers Club, et al. (I) (aka RICO Madness); Kimberlin v. National Bloggers Club, et al. (II) (aka RICO Retread); Kimberlin v. Hunton & Williams LLP, et al. (I) (aka RICO 2: Electric Boogaloo); Kimberlin v. Hunton & Williams LLP, et al. (II) (aka RICO 2 Retread); Schmalfeldt v. Hoge, et al. (I) (aka LOLsuit I); Hoge v. Schmalfeldt counterclaims (aka LOLsuit II); Schmalfeldt v. Johnson, et al. (aka LOLsuit III); Schmalfeldt v. Hoge, et al. (II) (aka LOLsuit IV); Schmalfeldt v. Grady, et al. (I) (aka LOLsuit V); Schmalfeldt v. Grady, et al. (II) (aka LOLsuit VI); and Schmalfeldt v. Grady, et al. (III) (aka LOLsuit VII).

Each was accompanied by great forecasts of doom for the defendants. Every time any motion or ruling went in the favor of the plaintiff, there were expansive claims made concerning the expected victory by the plaintiff. And the defendants won every single one of ’em.

Everything is proceeding as I have foreseen.

* * * * *

We can add Kimberlin v. Breitbart Holdings, et al. (aka RICO 2), Kimberlin v. McConnell, et al. (aka Supreme Nonsense), and Schmalfeldt v. Grady, et al. (IV) (aka LOLsuit VIII: Avoiding Contact) to the win column for defendants.

Q’pala!

Meanwhile, no one over at the It’s Time 2020 operation seems to have noticed any significant news relating to the November election. As of 8 pm Sunday evening, there have been no new tweet from the @itstime_2020 account since 15 September, and there doesn’t seem to be anything posted on the itstime2020 dot org website after 28 August.

Team Kimberlin Post of the Day


The following is from the TKPOTD published six years ago today.

* * * * *

res_judicata_mugsOf course, one of TDPK’s claims is that I’ve been using my reporting on his activities to raise money by defrauding the Gentle Readers who hit my Tip Jar. He has yet to explain how that injures him. In any event, I’m always thankful for reader support.

You can also support the blog by shopping at The Hogewash Store or shopping via the Amazon link on the Home page.

Whichever means you chose, your support helps keep this blog on the air.

* * * * *

And your support is greatly appreciated!

A Job Opening


There’s a vacancy on the Supreme Court because of the death of Ruth Bader Ginsburg. I could join in the analysis, but while I was getting a good night’s sleep, Bookworm Room put up a post that says pretty much what I think about the situation. I’ll add these few thoughts:

I believe that the President should nominate a new justice to the court quickly and that the Senate should confirm the new justice expeditiously, before the election. The court should be intact in case it is called upon to handle election recount issues similar to Bush v. Gore. Joe Biden could try to take that issue off the table by promising not to engage in the kind of vote harvesting and election theft the Democrats are obviously planning for this November, but it would be foolish for President Trump and Senator McConnell to trust such a promise. The President and the Senate should act to eliminate the possibility of a 4-4 decision by the Court.

Or maybe not. The court is now 5-3. The Chief Justice might be a reliable vote if he is concerned about the Democrats’ threats to engage in court packing.

Things are about to get interesting.

Team Kimberlin Post of the Day


One of the most easily falsifiable claims made by Brett Kimberlin in the Kimberlin v. Most of the Rest of the Universe, et al. RICO Remnant LOLsuit was … oh, here’s the TKPOTD from five years ago today.

* * * * *

One of the the things The Dread Pro-Se Kimberlin whines about in his Kimberlin v. Most of the Universe, et al. LOLsuit is how he feels defamed because he’s been called a terrorist. He would have the court believe that being called a terrorist after 15 October, 2010, portrayed him in a false light.

If the Gentle Reader does a Google search on >”brett kimberlin” + terrorist< that is time limited to before 2010, the top results will look something like this—Pre2010

That first result is the Wikipedia “Kimberlin” page which contains a link to the article about Brett Kimberlin. While the “Kimberlin” page was created in 2008, the article about TDPK wasn’t created until 2012. Gasp! Wikipedia refers to Kimberlin as a terrorist! <sarc>It must be part of the conspiracy!</sarc>

The next hit is a Baltimore Sun article from 1996 reviewing Mark Singer’s book Citizen K. It refers to Kimberlin as a terrorist. The third hit is a piece from Daily Kos that refers to Kimberlin as a bomber “who terrorized the city of Speedway, Indiana …” Neither the BS nor Daily Kos qualify as rightwing nut job publications.

And there are plenty more references to Kimberlin’s history as a bomber/terrorist/criminal. His reputation was out there on the Internet well before 2010 and, certainly, well before I began blogging in 2011.

Whiner.

* * * * *

If The Dread Deadbeat Pro-Se Kimberlin had never sued me, I would never have argued that he was failing to state a claim for defamation because his reputation as a serial bomber was so bad that there was no way to lower the public’s opinion of him; other defendants wouldn’t have echoed that argument in their motions to dismiss; and no court would have dismissed one of Kimberlin’s LOLsuits on that basis. Now, a court has found that his reputation is so bad that he’s defamation proof.

His worst mistake in all of his litigation was to sue me.

Meanwhile, his latest attempt at relevance seems to be foundering. itstime2020 dot org has essentially no traffic, and the@ itstime_2020 Twitter account still only has two followers.

Team Kimberlin Post of the Day


The reason why Brett Kimberlin hasn’t won any of the lawsuits he filed as part of his attempt to use lawfare to silence truth reporting about him seems to be that he doesn’t understand how to structure a rational argument based on evidence. It has often seemed that he could not differentiate between the Real World and the fantasy realm of his wishes. The TKPOD from six years ago today contained an excerpt of a Judge Johnson’s frustrated attempt to explain to Kimberlin why he had to place actual testimony and documents into evidence in order to have a case for the jury to consider in the Kimberlin v. Walker, et al.LOLsuit.

* * * * *

After The Dread Pro-Se Kimberlin rested his case during the Kimberlin v. Walker, et al. trial, we defendants moved for a directed verdict in our favor because he had not presented evidence establishing the element of defamation or false light. Here is a small part of Judge Johnson’s extended colloquy with TDPK on whether he had shown that what we said and wrote about him was false.

THE COURT: I’m not asking you to prove anything. I’m asking you who in this courtroom yesterday or today said that those statements were false?

MR. KIMBERLIN: Your honor, in a defamation case —

THE COURT: You hate answering questions —

MR. KIMBERLIN: No, no, I’m just trying to —

THE COURT: Who said it was false?

MR. KIMBERLIN: Who said it was false? They —

THE COURT: Did you want to read this? I mean —

MR. KIMBERLIN: I know what it says —

THE COURT: I didn’t make this up. This is Maryland law.

MR. KIMBERLIN: I think that the jury has to make that call, whether it’s false. And whether —

THE COURT: But there has to be some evidence. They just can’t pull things out of the air. A jury, they just can’t go back there and decide what they want to decide. I have to give them instructions on the law. And the instructions on defamation — Maryland pattern jury instruction 12.1 “a defamatory statement is a false statement about another person that exposes that person to public scorn, hatred” — so nobody in here, in this case said that they hated you, you haven’t put any evidence up that they hated you — “contempt or ridicule” — there’s no evidence of that — “thereby discouraging others in the community from having a good opinion of or from associating or dealing with the person. Defamation may result from a statement communicated to a third person either orally or in writing.” And here you have — I’ll call them, well, bloggers, I guess they’re reporters — reporting stories and bantering back and forth regarding stories that, I think it originated, the whole thing started back in Indiana many, many, many years ago. And so what is the jury going to — how are they going to consider whether there was public scorn?

MR. KIMBERLIN: Your honor —

THE COURT: This’ll go lot faster if you try to answer my question. If you don’t have an answer, say you don’t have an answer.

MR. KIMBERLIN: Being called a pedophile is automatically public scorn, I mean —

THE COURT: Look, I’m getting — you’ve said that, I understand it. But I’m focusing on the Maryland law that I have to tell the jury. Now what I’m asking you — let’s take it one by one. The statement has to — you have get to to contempt. Any evidence of that?

MR. KIMBERLIN: Well, I put my daughter on the stand and she testified that we had suffered —

THE COURT: That she had suffered?

MR. KIMBERLIN: No, that our family had suffered. That I had suffered.

THE COURT: Look, you’re the only party in this case.

Narratives are not false just because TDPK doesn’t like them. There were very few possible witnesses that Kimberlin could have produced who could have testified of their firsthand knowledge that he had not engaged in any of the behavior that led folks to be suspicious of him. There were the women who were the girls he was allegedly involved with in Indiana (as reported by Mark Singer). There was his estranged wife who did not come to court to support him. There was the possibility of his own testimony, given that the judge seemed willing to bend the Maryland Rule on perjurers and let him testify. No one else would have been a competent witness.

I suspect that TDPK stayed off the stand because he was afraid of cross examination and being caught in perjury.

popcorn4bkJudge Johnson ruled in our favor. TDPK is making noises about an appeal and a second federal lawsuit. It seems that he’s beginning to understand that the Kimberlin v. The Universe, et al. RICO Madness is doomed. It will be interesting to see what federal issue he might use in a second federal suit.

I’m sure Acme is working overtime.

* * * * *

Kimberlin has never let the Truth get in the way of his false narratives, which may explain why he no longer appears to have credibility with many of the people who used to find him useful.

While I was checking on the status of the itstime2020 dot org website on Thursday evening, I found that Kimberlin has moved the old velvetrevolution dot us domain from hosting on a Fintel Associates server to the xeonhosting dot org server in Holland that hosts breitbartunmasked dot com, empr dot media, greencasamaryland dot org, itstime202 dot org, and kelsiekimberlin dot com. However, I was unable to connect to velvetrevolution dot org at its new IP address.The old VRUS website seems to have suffered a glitch while being moved between servers. I suppose Kimberlin can get one of the expert hackers who helped him protect the 2016 election to fix the problem.

Team Kimberlin Post of the Day


This TKPOTD from five years ago today disassembles one of the more obviously false narratives Brett Kimberlin tried to spin about me in order to keep his RICO 2: Electric Boogaloo LOLsuit alive. He added me to the suit just before he filed it when he discovered that the statue of limitations had run out on the Team Themis defendants. He thought he could keep the suit viable by adding me to his imagined conspiracy hoping that some I might have done could be tied to Team Themis.

* * * * *

This is from The Dread Pro-Se Kimberlin’s opposition to the U. S. Chamber of Commerce’s motion to dismiss the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.

ECF 67-p8

So now, in addition to being Paul Krendler, I’m a member of the “intelligence community.”

Uh, huh. I’ve been working as a government contractor since 2000, but it was for NASA not the NSA.nasa_nsa

NASA. NSA. Perhaps TDPK needs to buy another vowel.

* * * * *

Failing failures gotta fail, so the Gentle Reader should not be surprised to learn that as of 10 pm ET Wednesday evening, the status of the @Itstime_2020 Twitter account was as follows:

Team Kimberlin Post of the Day


Three years ago today, I reached an important milestone in the LOLsuits Brett Kimberlin had filed against me. Here’s that day’s TKPOTD.

* * * * *

For the first time in over four years, I don’t have a lawsuit or the appeal of a lawsuit from Brett Kimberlin pending against me. Kimberlin’s attempts to use lawfare to suppress the First Amendment rights of people who have written and spoken truthful things about him have been abject failures against those of us who stood up to him. Some of the victims of his lawfare settled for various reasons of their own, but taken as a whole, the phrase “Kimberlin has failed” is a good summation of his LOLsuits.

I beat him in four vexatious civil suits, three frivolous appeals, two sets of false criminal charges, and a bogus peace order petition. I was awarded sanctions in two of the lawsuits and one of the appeals, and I have instructed an attorney to begin the collection process.

The Dread Pro-Se Kimberlin still has two LOLsuits on appeal. The Kimberlin v. Hunton & Williams LLP, et al. RICO 2 Retread Appeal is at the Maryland Court of Special Appeals. (He didn’t include me in that case, perhaps having finally figured out how res judicata works in Maryland.) The Kimberlin v. Frey RICO Remnant Appeal has gone to the Court of Appeals for the Fourth Circuit. I’m not going very far out on a limb to predict that Kimberlin will lose both.

He also has one other LOLsuit in limbo in the U. S. District Court for the District of Maryland. It’s styled Kimberlin v. Breitbart Holdings, et al. The complaint is sealed, so I don’t know what TDPK’s claims are, but it’s almost a year old, and the court has still not allowed summonses to be issued to the defendants. I’m going to speculate that the case will be dismissed with prejudice sua sponte as soon as the Fourth Circuit dismisses the Frey appeal. Patrick Frey is a codefendant in the Breitbart Holdings case. If TDPK has alleged a conspiracy (as he usually does), then Patterico’s res judicata defense should also apply to his “co-conspirators.” That will mean that “Kimberlin has failed” to state a claim upon which relief can be granted.

Everything is proceeding as I have foreseen.

* * * * *

The Dread Deadbeat Pro-Se Kimberlin managed to maintain his perfect 0.000 batting average by losing both the Breitbart Holdings RICO 3 case and the Frey appeal.

Speaking of losing, …There were still no follower for this account as of 11:15 pm ET Tuesday evening.

Team Kimberlin Post of the Day


One of the basic rules of examining a witness in a trial is to never ask a question unless you already know the answer. One of the reasons that Brett Kimberlin failed to make his case during the Kimberlin v. Walker, et al. trial was that he assumed that he could put the defendants on the stand and that we would provide answers that fit his false narrative rather than the truth. The TKPOTD from six years ago today recounts a couple of his failures to get defendants to support his case.

* * * * *

A significant feature of The Dread Pro-Se Kimberlin’s own false narrative that he spins in his second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness is a story about how my codefendants and I have sought to have him arrested.ECF 135-123

Here’s part of TDPK’s direct examination of Aaron Walker during the Kimberlin v. Walker, et al. nuisance lawsuit that shows him trying to sell his tale during that trial.

MR. KIMBERLIN: I mean, you filed charges to have me arrested? You asked —

MR. WALKER: No. I don’t believe the charges would cause you to be arrested.

MR. KIMBERLIN: Have you —

MR. WALKER: At most, most, maybe if we’re lucky, convicted.

MR. KIMBERLIN: But you wanted me to get arrested. You asked that I be arrested.

MR. WALKER: You went to court and —

MR. KIMBERLIN: I’m asking you a simple question. Yes or no?

MR. WALKER: You committed multiple crimes against me —

MR. KIMBERLIN: I’m asking —

MR. OSTRONIC: Objection, your honor. Badgering his own witness, here.

MR. KIMBERLIN: Yes or no. Have you asked that I be arrested.

THE COURT: Well, the witness is doing fine.

MR. WALKER: You have committed multiple crimes against myself —

MR. KIMBERLIN: I asked a simple question. Yes, or no.

MR. WALKER: — and my wife. And so I have sought justice against you. That is correct

He also tried get me to admit to writing blog posts saying that he should be arrested.

MR. KIMBERLIN: So, you have — have you ever — have you wanted to get me arrested? Have you asked that I be arrested?

MR. OSTRONIC: Objection.

MR. KIMBERLIN: Have you ever stated —

THE COURT: Overruled.

MR. KIMBERLIN: — on your blog that you want me arrested?

MR. HOGE: Not to my knowledge. I have no recollection of ever saying that on my blog.

Now it is true that both Aaron Walker and I have filed Applications for Statement of Charges against TDPK, and various District Court Commissioners charged him with various misdemeanors. Those charges resulted in summonses not arrest warrants. AFAIK, the only person who filed any charge that might have resulted in his arrest was Mrs. Kimberlin.

For the record, let me state again that my goal is to see Brett Kimberlin brought to justice. Whether that requires his arrest is not up to me.

* * * * *

Speaking of failures, this was the status of the @itstime_2020 Twitter account at 11 pm ET Saturday—

Team Kimberlin Post of the Day


At the end of August, 2013, Brett Kimberlin made the worst mistake in his campaign of brass knuckles reputation management via lawfare: He sued me. One of his claims in that suit was that I had defamed him, and one of ways he alleged that I had defamed him was by calling him a pedophile. Seven years ago today, I published this TKPOTD.

* * * * *

Words have meaning.

pe·do·phile noun \ˈpe-də-ˌfī(-ə)l, ˈpē-\
: one affected with pedophilia

pe·do·phil·ia noun \ˈpe-də-ˈfi-lē-ə, ˈpē-\
: sexual perversion in which children are the preferred sexual object

Brett Kimberlin objects to being called a pedophile. Let’s consider the evidence.

When Brett Kimberlin was trying to get a music career going during his first parole back in the ’90s, he wrote and recorded a couple of songs, Teen Dream and Waiting to Meet. Both are about having sex with underage girls. Kimberlin said this about Teen Dream

I say things a lot of people are afraid to say. Yeah, Teen Dream is about fucking a teenage girl. Every guy who’s seen a good-looking teenage girl has thought about it.

OK, that was especially true when we men were teenage boys ourselves. It’s a more-than-a-bit weird fixation for a guy in his forties as Kimberlin was at the time.

During that same period, Brett Kimberlin married his wife. Subtracting her date of birth from the date shown on the marriage license shows that she was 16 years old at the time, that is, she was an underage teenage girl. Perhaps Brett Kimberlin will be able to convince us that they had a purely platonic relationship, but the natural assumption would be that they had a sexual relationship.

Being married to a child may “legalize” the relationship, but it does not change the child’s age. Brett Kimberlin was attracted to a teenage girl who he took as his wife while he was writing and recording songs such as Teen Dream. Gentle Reader, is it unreasonable to see that as an unhealthy preference for sex with underage girls?

I can’t publish everything that I have been told about Brett Kimberlin. A great deal of it is privileged information that may or may not come out at trial, but that information reinforces the conclusion that Brett Kimberlin is attracted to underage girls.

* * * * *

Is Brett Kimberlin a pedophile? I’ve never explicitly said he is or he isn’t. I’ve said that I understand why someone would believe he is, and I’ve said that the level of confidence that I have in my opinion that he probably is approaches my confidence in Newton’s Laws of Motion.

Kimberlin sued me for defamation, alleging that one of the ways I defamed him was by falsely calling him a pedophile. He lost that lawsuit and three others because he could not offer any evidence that what I said was false. Indeed, his first case was so flimsy, that the judge stopped the trial when Kimberlin rested his case and granted my defendants and me a directed verdict in our favor. We didn’t even have to put on a defense. None of the subsequent suits made it past motions to dismiss.

Some of the privileged information that I was unable to share in 2013 has come out over the years. None of it has been good for Kimberlin’s reputation, and in 2015 and 2016, a court granted motions to dismiss for failure to state a claim upon which relief could be granted in one Kimberlin’s defamation suits because his reputation was so bad that he was defamation proof.

Meanwhile, I’m not done with him yet, but it looks as if Twitter is. As of 10 pm ET Friday evening, the @itstime_2020 account still had no followers.

Team Kimberlin Post of the Day


Ah, the Third of September, a dual anniversary. It was on 3 September, 2012, that a person I then referred to as “Some bozo calling himself the Liberal Grouch” came to my attention by threatening. to sue Aaron Walker for defamation. And on this date in 2015, the first defendants were dismissed from Brett Kimberlin’s RICO Retread LOLsuit. I reported on the 2015 hearing in this post titled A Mixed Bag.

* * * * *

Here’s a brief summary of this morning’s hearing in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.

The Dread Pro-Se Kimberln was sanctioned for $760 in attorney’s fees because he was a no-show at the previous hearing.

The case was dismissed against Michelle Malkin, Twitchy, Breitbart, Glenn Beck, The Blaze, and Mercury Radio Arts for lack of person jurisdiction.

Aaron Walker was told to refile his motion to dismiss for technical reasons.

TDPK has been given 15 days to try to figure out how to properly amend his complaint to get around my motion to dismiss for improper venue.

More details later.

UPDATE—The dismissals for Michelle Malkin and the others were also based on Kimberlin’s failure to state a claim upon which relief can be granted.

* * * * *

IIRC, Bill Schmalfeldt never got around to suing Aaron Walker, but Aaron did successfully represent two of the defendants in one of the Cabin Boy’s™ LOLsuits.

Oh, and one of the grounds for dismissal of the RICO Retread LOLsuit for failure to state a claim upon which relief could be granted was that the court found that Brett Kimberlin’s reputation was so bad that he was defamation proof, that is was not possible to defame him.

Meanwhile, the @ItsTime_2020 Twitter account still didn’t have any followers as of 10 pm ET Wednesday evening.

Team Kimberlin Post of the Day


Before he tried and failed at suing me, Brett Kimberlin tried and failed to have me charged with several crimes. The TKPOTD from seven years ago today describes what happened to those bogus charges.

* * * * *

The Gentle Reader who has been following The Saga of The Dread Pedo Kimberlin over this summer may remember that in late July he filed bogus harassment charges against Aaron Walker and me apparently for publishing true information about him and for attending open court proceedings where he was a party.

In my case, the charges were facially false because they covered a time period before I had anything to do with Brett Kimberlin.

Normally, when charges are filed and a District Court Commissioner finds there is probable cause, a summons or warrant is issued. The online court records showed that a summons was issued in my case, but I was never served. A trip to the Commissioner’s Office in Rockville revealed there was some sort of hold placed on the case and that the Application for Statement of Charges was not available. A later trip to the District Court Clerk’s Office revealed that the paperwork was at the State’s Attorney’s Office with a note on the file that the charge would be nolle prossed. The charge was dropped, and the records have been expunged. I won’t be able to find out exactly what TDPK claimed I did with the records expunged.

That’s good news and it’s bad news. The good news is there is now nothing on my record.

The bad news is that because there’s nothing on my record, I probably don’t have standing for a civil suit.

And there may be some other good news. It looks as if the justice system in Montgomery County has figured out who they’re dealing with when Brett Kimberlin tries to file charges, a serial liar who can’t lawfully testify in a Maryland court to any accusation he makes.

* * * * *

The State’s Attorney’s Office may have thought that they were doing me a favor by having the charges expunged, but they were wrong. I had to go to court to get the record unsealed so that I could sue Kimberlin for malicious prosecution. I would have let the matter lie, but the Kimberlins filed a second set of false charges against me in 2015, so I decided that some pushback was in order.