Team Kimberlin Post of the Day

Neal Rauhauser’s proposal to use pro se litigation as an inexpensive way to inflict sufficient aggravation and financial hardship on individuals and organizations on the Right which would cause them to offer favorable settlements may have looked good in theory, but it had one significant bug. It turned out that most of the defendants sued by Team Kimberlin believed that their First Amendment rights were worth defending regardless of the cost. It also had another fatal problem: no one on Team Kimberlin is a competent pro se litigator. After a bit of experience with Team Kimberlin’s shenanigans, the courts lost patience and began enforcing the applicable rules of civil procedure. This post from seven years ago today dealt with Brett Kimberlin’s recurring cry “But, You Honor, I’m Pro Se.”

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The Dread Pro-Se Kimberlin repeats that whine in every court appearance and in almost every written pleading. It’s beginning to look as if he’s worn out that excuse.

Judge Joan Ryon: “Don’t even use that with me.” Kimberlin v. Walker, et al.

Judge Roger Titus: “The Plaintiff is no stranger to the processes of this Court … he commenced numerous cases in this Court  …” Kimberlin v. Kimberlin Unmasked.

TDPK is running up against the principle that “[l]iberal construction does not mean that a court can ignore a clear failure in the pleading to allege facts that set forth a claim cognizable in a federal district court.” Solomon v. Dawson, Case No. 13-CV-01951, ECF No. 5. (D. Md. 2013). That ruling was by Judge Paul Grimm.

* * * * *

Judge Grimm was the judge initially assigned to the federal RICO Madness LOLsuit. He was replaced by Judge Hazel who did a reasonable job of keeping Kimberlin under control. Eventually, the District Court began assigning all of Kimberlin’s LOLsuits to Judge Hazel.

The same sort of thing happened in the state LOLsuits. The normal practice in Montgomery County is for pretrial hearings to be handled whichever judge is sitting on the day that the hearing is scheduled. Beginning with the RICO Remnant LOLsuit, all of Kimberlin’s cases were exclusively handled by Judge Mason. That meant when Kimberlin couldn’t keep his stories straight from hearing to hearing, the judge presiding was able to catch his inconsistencies.

Team Kimberlin Post of the Day

Team Kimberlin’s level of incompetence has been so high that they can’t get some of the most important lies in their narrative straight. The TKPOTD for four years ago today dealt with their lack of coordination on who to accuse of being Paul Krendler.

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The Cabin Boy™ and The Dread Pro-Se Kimberlin need to get their stories straight. The Cabin Boy™ still clings to his belief that Patrick Grady is the anonymous blogger Paul Krendler. This is from his LOLsuit VII: Degenerations.

TDPK is still hanging on to the idea that I’m Paul Krendler. This is from the false Application for Statement of Charges that Tetyana Kimberlin filed against me in 2015. It’s in Brett Kimberlin’s handwriting.They can’t both be right, but they can both be wrong.

* * * * *

Falsus in uno, falsus in omnibus.

Team Kimberlin Post of the Day

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

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

SOUND: Old fashioned telephone bell rings four times.

JOHNNY: (Groggy) Johnny Atsign.

PRO BONO: (Telephone Filter) Good morning, Johnny. Did I wake you?

JOHNNY: Ah, yeah. It’s 5 o’clock out here on the West Coast.

PRO BONO: (Telephone Filter) Sorry about that, but this is important. You’re done out there, aren’t you?

JOHNNY: I’ve run down all the leads we’ve got.

PRO BONO: (Telephone Filter) OK. Look, I’ve got you booked on a 9 am flight from LAX to Chicago. There’s more digging to do there.

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

I find some of the parallels between various copyright trolls to be interesting. The TKPOTD from seven years ago today explored one.

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Yesterday, I noted a similarity between the Prenda Law case and the Virginia Walker v. Kimberlin, et al. case—that both Penda’s lawyers and The Dread Pirate Kimberlin had taken the Fifth during civil lawsuits. There’s another parallel between Prenda and TDPK.

Porn.

Prenda is a copyright troll going after individuals who have downloaded pornographic videos for which it claims to control the copyrights.

Brett Kimberlin dealt pornography to other inmates while he was in prison and was also involved in a porn related lawsuit. There’s a section (pp., 202, 203) in Mark Singer’s book Citizen K that describes TDPK’s attempted suing of his source for $150,000 in damages because the porn wasn’t sufficiently exciting.

* * * * *

That porn LOLsuit was the first of the four RICO lawsuit that the Dread Deadbeat Pro-Se Kimberlin lost.

Team Kimberlin Post of the Day

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

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

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

AARON: (Telephone Filter) Johnny, it’s Aaron. The judge ruled against me in the copyright amicus filing.

JOHNNY: Oh, I’m sorry to hear that.

AARON: (Telephone Filter) Actually, things turned out OK.

JOHNNY: How so?

AARON: (Telephone Filter) He ruled against The Bomber too.

JOHNNY: Huh?

AARON: (Telephone Filter) He’s got two weeks to tell the judge why the case shouldn’t be dismissed.

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

One of the more ludicrous aspects of Team Kimberlin’s PR attempts to spin news about their various LOLsuits was their continuing threats that the defendants were about to suffer the direst of dire direness. Seven years ago today, I ran a post about William Ferguson’s prediction that I was in A Grave Situation.

* * * * *

Well, at least Very Ordinary Seaman Ferguson thinks so.VOSF201401012333ZHogeCemetry<mockery>I’m sure VOSF will be happy to find out that I know where to dig. I have a spot reserved in the Hoge Cemetery near Jasper, Tennessee. It’s in the upper right as seen in this Google Earth view.

OK. I know that VOSF is writing figuratively, but, of course, he’s dead wrong both figuratively and literally about my digging.

Literally, I haven’t been back to Tennessee for almost a year, so there’s no self-dug hole waiting there.

Figuratively, I have no other comment, except to say that he’s wrong—as usual.</mockery>

* * * * *

There’s a line of tombstones in the upper right of the image. The top two or three are almost obscured by shadows. That’s the row for my branch of the family. The picture was taken before Mrs. Hoge died. Her tombstone is immediately below the bottom one in that line. I have a spot reserved next to her. The spot’s reserved, but the grave hasn’t been dug just yet.

Meanwhile, the mockery continues.

Team Kimberlin Post of the Day

Brett Kimberlin is no stranger to failure. The TKPOTD for six years ago today emphasized that point with respect to the first of his RICO LOLsuits against me.

* * * * *

Here is what Judge Hazel has had to say about The Dread Pro-Se Kimberlin’s RICO Madness—

Kimberlin failed to plead … Kimberlin has failed to adequately plead … Kimberlin has failed to state a claim … Kimberlin has failed to allege … Kimberlin has therefore failed to plead … Kimberlin has failed to adequately plead … he has failed … he has failed … He has failed to do so … the SAC fails to allege … Kimberlin has therefore failed … Kimberlin has failed … Kimberlin has therefore failed to plead … Kimberlin has failed … his SAC failed to identify … attempt would also fail … Kimberlin has therefore failed … Kimberlin failed … necessarily must fail … he has failed … Kimberlin has failed to adequately plead … claim would still fail … Kimberlin has failed … Kimberlin has failed … would still fail … Kimberlin has failed … Kimberlin has failed to allege … Kimberlin has therefore failed … has failed to state a claim … because he has “fail[ed] to plead facts” … must be dismissed as he has failed to plead facts … Kimberlin has failed … dismissal of § 1985(2) claim for failure to allege … his failure … Kimberlin has failed to state claims …

Plaintiff is mistaken.

Yep, that about covers it.

* * * * *

He failed at drug smuggling, and he failed at running an import/export business to/from Ukraine during his first parole. He has failed as a musician. He’s failed …

Team Kimberlin Post of the Day

Another reason for the failure of all of the Team Kimberlin LOLsuits has been their inability to frame a believable narrative and to tell it consistently. The TKPOTD for seven years ago today pointed out one of the inconsistencies in the RICO Madness LOLsuit.

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One of the things I noticed about The Dread Pro-Se Kimberlin from watching him tell different versions of the same story during different court hearings is that he sometimes seems to have trouble remembering what he’s said before. Recently, he’s been having that sort of difficulty with keeping his stories consistent even in the same document. For example, consider these two clips from his proposed Second Amended Complaint in the Kimberlin v. The Universe, et al. RICO Madness.

This is from paragraph 83.ECF 100-1-83This is the beginning of paragraph 95.ECF 100-1-95So TDPK says that Erick Erickson joined the mythical RICO Enterprise twice.

Uh, huh.

* * * * *

It’s clear that Kimberlin’s ego caused him to get in over his head.

Team Kimberlin Post of the Day

The TKPOTD for six years ago today dealt with one of the weaker claims that Brett Kimberlin made to support his imaginary Team Themis conspiracy in the RICO 2: Electric Boogaloo LOLsuit.

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This is from The Dread Pro-Se Kimberlin’s Kimberlin v. Team Themis, et al. RICO2 LOLsuit.R2 ECF 1-43Ya’ think?

* * * * *

Even if documents existed that related to such contracts, they would probably be classified and not subject to the Freedom of Information Act. Failure to provide classified information to someone incapable of holding a security clearance is not evidence of a conspiracy.

Kimberlin has clearly been frustrated that his fishing expeditions (FIOA, lawsuit discovery, buying foreign documents, etc.) have always failed to turn up dirt on his perceived enemies.

Losing losers gotta lose.

Team Kimberlin Post of the Day

One of the interesting things I’ve seen over the course of the legal wrangling with Team Kimberlin has been the change in Brett Kimberlin’s demeanor in court as the cases proceeded. I first mentioned that change in the TKPOTD that ran six years ago today.

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The Dread Pro-Se Kimberlin has been trying to sell his false narrative about being assaulted by Aaron Walker in the Montgomery County Circuit Courthouse for over three years. The existence of security camera footage proving that Kimberlin is lying has made it impossible for the allegation to get any traction in court, but that doesn’t seem to keep him from trying. This is from his new Kimberlin v. Team Themis, et al. RICO2 LOLsuit.R2 ECF 1-58collateral estoppel t-shirtThe previous state and federal court rulings on the matter mean that he’s barred from making any further such claims by collateral estoppel (Gotcher Hogewash! Collateral Estoppel goodies here!), but TDPK keeps bringing it up. (Doing the same thing over and over expecting a different result is … )

BTW, the bit about being assaulted is not the only falsehood flat-out lie in that paragraph. The “medical records” that TDPK provided to me during discovery for the Kimberlin v. Walker, et al. nuisance lawsuit were not the same as the ones he used in court in 2012. At least one set was likely forged. Also, I’m not “Paul Krendler.”

I’ve watched Brett Kimberlin in courtrooms for almost three years. I’ve seen him change. As the courts have begun to take his measure and understand that he is untrustworthy, his confidence has dropped. Over the same period, the assertions he makes in his court filings are becoming wilder. I suspect that he understands that he is losing. Perhaps he sees himself as Leonidas making a last stand, but it may be that he’s more like Tom Powers.

We’ll see.

Stay tuned.

* * * * *

When Kimberlin’s lawfare campaign was just getting underway, he threatened to sue Patrick Frey with these words:

I have filed over a hundred lawsuits and another one will be no sweat for me.

Well, the last bunch certainly did make him sweat, and he lost them all. I doubt he’ll ever make that threat again.

Team Kimberlin Post of the Day

It should not be surprising when a convicted perjurer is caught lying. This Prevarication Du Jour from seven years ago today dealt with a whopper The Dread Deadbeat Perjurer Kimberlin included in a court paper filed in the Kimberlin v. Walker, et al. nuisance LOLsuit.

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The Dread Pro-Se Kimberlin is seeking a preliminary injunction in the Maryland Kimberlin v. Walker, et al. nuisance lawsuit which would require us defendants to take down every post since 7 July, 2013, that mentions him. We defendants have filed oppositions to his motion, and TDPK has filed his reply to our oppositions. In his reply he cites comments on this blog as proof that the defendants are inciting violence against him.BKvAW2013Reply2PIOpp-3So there you have it. Comments on this blog are as intimidating as burning a cross on someone’s front lawn.

Acme Law at its finest.

* * * * *

Hogewash! is just a bush league blog, but it has a significantly greater web presence that all of the Team Kimberlin web outlets combined.

Brett Kimberlin’s grandiose schemes fail because of his delusions of adequacy.

Team Kimberlin Post of the Day

Not all the threats from Team Kimberlin have been idle, but some weren’t carried through quickly. For example, the threat of filing a false criminal complaint for the imaginary cyberstalking of Tetyana Kimberlin’s elder daughter didn’t occur on the time table published on Breitbart Unmasked. The TKPOTD for six years ago today took notice of the original failure to follow through on that threat.

* * * * *

I thought that Bunny Boy over at Breitbart Unmasked said that I should expect criminal charges to be filed for my alleged perjury last Friday. I thought he said something about them coming last Monday.

I checked the Maryland Judiciary Case Search database at 9:00 pm last night.

[crickets]

popcorn4bkMeanwhile, pushback has already started in The Dread Pro-Se Kimberlin’s RICO2 suit against Team Themis, et al., and. later today, I’ll be mailing my motion to dismiss the Cabin Boy’s™ latest Schmalfeldt v. Hoge, et al. nuisance lawsuit.

What with discovery in Kimberlin v. Frey and other thing that are afoot, there’s lots more legal paperwork headed Team Kimberlin’s way.

Stay tuned.

* * * * *

The false complaint wasn’t filed until after The Dread Deadbeat Pro-Se Kimberlin lost the appeal of his bogus peace order petition in Circuit Court. Of course, the State’s Attorney dropped the charge because there was no evidence to support it.

TDPK should have left well enough alone. He didn’t, and that decision was and continues to be costly for him.

Team Kimberlin Post of the Day

Ah, today’s another one of the nicer anniversaries connected to The Dread Deadbeat Pro-Se Kimberlin’s lawfare. This post In Re RICO Madness appeared five years ago today.

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Judge Hazel has issued his order ending the RICO Madness.

The case is now Kimberlin v. Frey, and the judge is moving it along to the next phase.

Although I am no longer a part of the lawsuit, the Gentle Reader should expect that Hogewash! will continue to provide close coverage of the case.

* * * * *

RereadingJudge Hazel’s order and a related case document has allowed me to better understand the course of TDPK’s subsequent court cases.

Heh.

Team Kimberlin Post of the Day

The members of Team Kimberlin clearly wish they could have been influential denizens of the Interwebz, but they’ve failed. There so unimportant that they’ve even had to forge harassing emails and comments to their websites to draw attention themselves17, This Bonus Prevarication Du Jour is from seven years ago today.

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PBT201403171811ZAce investigative journalist Bill Schmalfeldt (Stop laughing; I’m not to the punchline yet.) says he’s receiving emails from someone calling himself “Nomen Nescio.” He asked me about that name during our mediation session in January, and I told him that it was Latin for “Name not known” and that the term was used on legal documents before “John Doe” was common.

It turns out that it’s also used as a blind return address by some anonymous remailers. Over the past month, I’ve received several emails routed through dizum.com, and the all were supposedly sent by “Nomen Nescio” whose email account is “nobody@dizum.com.” It took all of 15 seconds to pull down the headers from the first such email and about a minute on Google to find the dizum.com website.dizumIt’s hosted on a server in Holland. Note the Dutch flag on the dizum.com browser tab.

I’ve never used such a service. While I have had occasion to encrypt the contents of an email (usually because of sensitive client data), I’ve never had to mask my email address.

My best guess is that the “Nomen Nescio” who sent the email shown above is the same person who has tried to post obscene comments here at Hogewash! under various obviously fake names. But that’s just a guess.

UPDATE—I never suggested that the Cabin Boy™ has sent any of the “Nomen Nescio” emails to himself. I would have thought that they came from another source. OTOH, one wonders if these don’t constitute a tacit admission …TacitAdmission

* * * * *

Losers.

Team Kimberlin Post of the Day

This episode of Blogsmoke first ran three years ago today.

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SOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICOCHET

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

Brett Kimberlin’s use of lawfare was part of a larger campaign to try to prevent the public from learning the true nature of this past and current activities. Other parts of the campaign included the use of cyberharassment targeting Kimberlin’s perceived enemies, and the use websites, principally Breitbart Unmasked, to spread lies about those perceived enemies. Six years ago, BU was in the middle of smear campaign aimed at me. This post, Breitbart Unmasked and Topsy Tweets, was about Matt Osborne’s use of forged tweets. It ran six years ago today. The Topsy website was a now-defunct search engine for Twitter.

* * * * *

Breitbart Unmasked has published an article with Matt Osborne’s byline that states that I committed perjury during the Kimberlin peace order hearing last Friday. The facts debunking that claim have been laid out here and here. There’s one more bit of information that the Gentle Reader should know.

On 29 August, 2013, Breitbart Unmasked published an article with a byline of “Xenophon” titled LEE STRANAHAN AND AARON WALKER SMEAR A TEENAGER’S FAMILY AND TRY TO SNUFF OUT HER CAREER. Osborne has admitted that he used that byline at BU during that period. That article contains the following block quote from Twitter:BU20130829Given that the “proof” of my alleged perjury was the “fact” that I has sent the “Brett Kimberlin uses news story …” tweet that Lee Stranahan actually sent and given that Osborne included the original proper version in his earlier BU article, it is reasonable to conclude that his erroneous reporting is the result of a reckless disregard for the truth.

I demand retraction of and apology for all false statements published by Breitbart Unmasked concerning me and any matters related to the Kimberlin peace order.

UPDATE—The 29 August, 2013, Breitbart Unmasked article has been taken down from the BU site, but it is available on the Wayback Machine. Additionally, the entire BU site has been routinely backed up offline, and I have the original html code for the post in hand.

* * * * *

Not only are they liars, they’re stupidly, clumsy liars.

Team Kimberlin Post of the Day

This episode of Yours Truly, Johnny Atsign first appeared five years ago today.

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

SOUND: Skype rings once. Telephone receiver picked up.

JOHNNY: Johnny Atsign.

AARON: (Telephone Filter) Hey, Johnny. Thanks for that initial report on The Grouch

JOHNNY: Initial?

AARON:: (Telephone Filter) Yeah, initial. There’s something else to look into.

JOHNNY: Now what?

AARON: Take a look at his Twitter timeline and then give me a call.

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

Team Kimberlin’s campaign attempting use lawfare in the form of defamation LOLsuits and bogus criminal charges as a means of silencing their critics blew up in their faces when almost all of the defendants vigorously stood up for our First Amendment free speech and free press rights. Eight years ago today, I wrote this post, Blog It Now, about why we bloggers were pushing back against being cancelled.

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In an earlier post today I alluded to Edward R. Murrow’s 1954 See It Now broadcast about Senator Joseph McCarthy. Whether or not one agrees with Murrow’s conclusions, that broadcast is an excellent example of using someone’s own words as criticism against him. Given the various lawfare tactics used by Team Kimberlin over the past couple of years, I’d like to offer this paraphrase of Murrow’s closing words from that broadcast:

We will not be driven by fear if we dig deep in our history and our doctrine and remember that we are not descended from fearful men—not men who feared to write, to speak, to associate, and to defend their causes. This is no time for men who oppose Team Kimberlin’s methods to keep silent. We can deny our heritage and our history, but we cannot escape responsibility for the result. There is no way for a free citizen to abdicate his responsibility. As bloggers we have come into our full inheritance at a tender age. We proclaim ourselves defenders of free speech wherever it exists, but we cannot defend freedom for ourselves by deserting it for others.

The actions of the Cabin Boy from Team Kimberlin have caused alarm and dismay to some amongst our ranks and have given considerable comfort to the enemies of free speech. And whose fault is that? Not really his. He didn’t create a situation of fear; he has merely been used to exploit it. If we allow him to succeed, then Cassius was right. “The fault, dear Brutus, is not in our stars, but in ourselves.”

Good night and good luck. Stay tuned.

* * * * *

I’m beginning to believe that Kimberlin’s lawfare was a dry run for a proposed larger use of defamation lawsuits by the Left for the purpose of shutting down effective voices on the Right. The initial proposal for the lawsuits came from a minor-league Democrat operative named Neal Rauhauser. Rauhuaser, who appears to have connections to Democrats such as Anthony Weiner, was working with Kimberlin during the period when the first cases were filed. He theorized that the targeted defendants would be intimidated by the suits and would settle out of court. However, it turned out that while we were deplorable, we weren’t a bunch of Neanderthals, and we weren’t frightened and confused by the modern legal system. We fought back and won.

Lawsuits have been a favorite tool for the Left, but I believe Kimberlin’s rather spectacular failures have caused the Left to look for different means of stifling the Right’s free speech, and I note, for example, Twitter began seriously purging accounts of folks on the Right within days of Kimberlin’s first RICO LOLsuit being dismissed.

We won the skirmish with Team Kimberlin because we had the facts and the law on our side and because we were in a venue where the facts and the law mattered.

The battle over cancellation is now in a venue where neither the facts nor the law will matter. If we can’t move the contest to a more favorable venue, we will need to master the rules of the new battleground.

And soon.

Team Kimberlin Post of the Day

It was six years ago that Brett Kimberlin filed a peace order petition against me on behalf of Tetyana Kimberlin’s elder daughter. He created a series of lies in an attempt to show that I had engaged in online harassment against her, complete with forged tweets. During the week before the hearing on his petition, he tried to get me “convicted” online through a series of false and defamatory articles published at Breitbart Unmasked. The TKPOTD for six years ago today dealt with one of those Bu posts.

* * * * *

I see that Matt Osborne doubled down on his defamatory post over the weekend and tripled down on it yesterday.

I believe that he as made a very unwise choice.

* * * * *

Here’s that post from BU.

Osborne’s post speaks for itself, and convicts itself of lying.

Team Kimberlin Post of the Day

Pointage, laughery, and mockification have been strong elements of the coverage of Team Kimberlin’s lawfare here at Hogewash!. Five years ago today, Bill Schmalfeldt’s shenanigans in LOLsuit VI: The Undiscovered Krendler resulted in this I’m Not Making This Up, You Know post.

* * * * *

Given that every single paragraph of the declaration by Brett Kimberlin filed as an exhibit with the Cabin Boy’s™ motion to disqualify Aaron Walker as defense counsel in LOLsuit VI: The Undiscovered Krendler contains at least one provable lie, …Cheddar201603090233Z… the lack of self-awareness is … well, it’s about average for the Cabin Boy™.

* * * * *

Oh, what a tangled web gets woven when a perjurer tries to uphold his “sterling” reputation.

Team Kimberlin Post of the Day

Yesterday, we took a look at a post about a perjured declaration by Brett Kimberlin that Bill Schmalfeldt included as an exhibit in a motion to have Aaron Walker disqualified as the counsel for the defendants in LOLsuit VI: The Undiscovered Krendler. Today, we’ll take a look at another exhibit from that motion, This post, The Sixth Nonsense, first ran five years ago today.

* * * * *

We’ve made it to the last installment of our review of the exhibits The Dreadful Pro-Se Schmalfeldt has included with his motion to have Aaron Walker disqualified as defense counsel in LOLsuit VI: The Undiscovered Krendler. The review of Exhibit 1 is here. Exhibits 2 and 3 are considered here. The post looking at Exhibit 4 is here. Fit the Fifth is here.

Exhibit 6 consists of newspaper clippings which the Cabin Boy™ imagines prove that Brett Kimberlin isn’t a terrorist.

The first two deal with reports for what appear to be two of the three trials for the Speedway Bombings. Rather than support the Cabin Boy’s™ argument, they support the view that Kimberlin is a terrorist in the everyday, common use of the term. Moreover, they do nothing to change the fact that Kimberlin sued claiming that Aaron Walker defamed him by calling him a terrorist, and Kimberlin lost that suit in 2014. Kimberlin brought up the same claim again in the RICO Retread LOLsuit, and he’s lost on that claim against every defendant whose motion to dismiss has been decided. So that question is settled as far as the law is concerned. It is not defamation to call Brett Kimberlin a terrorist.

There’s also a clipping of a obituary for Carl DeLong. The Supreme Court of Indiana ruled that Kimberlin was responsible for the wrongful death of Carl DeLong. There’s nothing in that clipping that voids the court’s finding.

Bill Schmalfeldt’s ill-conceived motion and risible exhibits are Acme Legal’s work at its shining best. He says he’s filed them. OK. Now, we wait for the anvil to drop.

* * * * *

Team Kimberlin Post of the Day

For several weeks Bill Schmalfeldt bloviated about how he was going to win a default judgment in LOLsuit VI: The Undiscovered Krendler only to discover that the defendants had retained counsel who filed timely motions to dismiss the case. He seemed particularly worried when he found out Aaron Walker was the lawyer who had taken the case. The Cabin Boy™ quickly filed a rather silly motion seeking to have Aaron disqualified from the case. Among the massively wrong-headed exhibits filed with that motion was a declaration by Brett Kimberlin. This post, Brett Kimberlin “Misstates the Facts”, ran five years ago today.

* * * * *

I see that the Cabin Boy™ has posted the six exhibits attached to his motion to disqualify Aaron Walker as defense counsel in LOLsuit VI: The Undiscovered Krendler. This is the first in a series of posts evaluating the quality of his evidence. It seems that The Dreadful Pro-Se Schmalfeldt is in full panic mode now that his plans for an easy default judgment have evaporated. His motion and its exhibits have the look of a half-baked attempt to smear Aaron Walker in the eyes of Judge Joseph. Nothing in the motion is germane to the case.

Exhibit 1 is a declaration under penalty of perjury by Brett Kimberlin. Here it is as posted by the Cabin Boy™. (Note: I have not redacted anything. I figure if Schmalfeldt put it online and published a link to it, then Kimberlin can discuss any lack of redaction with him.)

We’ll go paragraph by paragraph.

1.  According to Aaron, he did not meet Kimberlin until 9 January, 2012. That was the date the mythical assault allegedly occurred. Kimberlin sought a peace order based on his alleged assault and harassment, but the judge who issued the order found that no assault occurred and issued it based on harassment only. Additionally, the order was overturned on appeal. Thus, Kimberlin should be collaterally estopped from making that allegation again, but he keeps trying to recycle it. Further, one of the things he sued Aaron about in the Kimberlin v. Walker, et al. nuisance LOLsuit was Aaron’s claim that Kimberlin tried to frame him for the assault. Aaron won that suit. Thus, Kimberlin is also barred from making this assault claim by res judicata.

2. Kimberlin also claimed in Kimberlin v. Walker, et al. and in Kimberlin v. National Bloggers Club, et al. (II) that Aaron defamed him when Aaron told his side of the story of his firing after Kimberlin contacted his employer. Brett lost both suits. That’s a double helping of res judicata. Also, Brett spun his tale of how Aaron’s firing allegedly occurred by selectively publishing emails obtained in sealed discovery.

3. Frivolous criminal charges? There’s photographic evidence, some of which was published on Breitbart Unmasked, that documents Kimberlin’s stalking of Mrs. Walker. Also, not every lawsuit filed against Kimberlin has been dismissed. The Walker v. Kimberlin, et al. suit is alive and well and is headed for a motions hearing on the 10th. A five year campaign? 2016 – 2012 = 4.

4. Aaron Walker has never prepared a motion or other court paper that I have submitted to any court.

5. Brett sued Aaron for defamation concerning what Aaron wrote about pedophilia and terrorism, and Brett lost.

6. What documents? When has Aaron ever lied under oath? Put up or shut up.

7. Tetyana Kimberlin sought help during her domestic problems with her husband in 2013. Aaron offered her pro bono assistance until Zoa Barnes was hired as her attorney. The false claim that Aaron has harassed Tetyana’s older daughter was examined by the Montgomery County State’s Attorney’s Office when the Grace’s Law charge was filed last year. They dropped the charge for lack of evidence.

I’m an engineer not a lawyer. “Misstating the facts” is lawyer speak for what we engineers call lying. Brett Kimberlin is a liar.

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I should clarify point 4 above. It was true at the time I wrote the original post. Subsequently, I hired Aaron to represent me in a matter before the Fourth Circuit Court of Appeals. He filed several motions and other papers on my behalf in the course of his winning the case for me.

Team Kimberlin Post of the Day

Here’s an episode of Blognet from five years ago today.

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BlognetTitleCardMUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A cyberstalker has filed suit against a group of bloggers claiming that he is the victim of harassment. Your job … help get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out. Continue reading

Team Kimberlin Post of the Day

It was just a year ago today that Brett Kimberlin lost yet another court case as reported in this TKPOTD.

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Note: This post was originally set for 12:02 am ET on the 4th, but I’m putting it up a few hours early.

Back in 2018, Brett Kimberlin filed a civil case in the Southern District of Indiana seeking to vacate some of his convictions related to the Speedway Bombings. Last Friday, Judge Tanya Walton Pratt denied his petition. Eugene Volokh has some commentary here.

I’ve included the judge’s order below. She quotes Kimberlin as having claimed:

For example, because these convictions bear on the issue of fraud, Petitioner is unable to apply for or receive government grants

Oh, really?

Isn’t the petitioner the same Brett Kimberlin who claimed that my codefendants and I in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit had interfered in his relationship with the State Department and its International Visitor Leadership Program? Yes, it is, but if you look very carefully at his filings in his LOLsuits against me, he never explicitly claims that either Justice Through Music Project or he was an actual State Department contractor, and when I filed a FOIA request for the any contracting details, the State Department said they had nothing on record.

Hmmmm.

Oh, one more thing … Kimberlin was represented by counsel in this case. Perhaps he’s been taught a lesson about his pro se skills.

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Here’s another quote from that order:

But because he has been convicted of multiple felonies in separate trials, including a 1974 perjury conviction in this Court, Case No. IP 73-cr-132, and the 1979 conspiracy to distribute marijuana conviction in Texas, (as referenced in Kimberlin, 805 F.2d at 225), neither of which are at issue here, a successful challenge to any one conviction will not relieve him of these impediments. See United States v. Keane, 852 F.2d 199, 205 (7th Cir. 1988) (“a single felony conviction supports any civil disabilities and reputational injury [a convicted felon] may have to endure”).

The only person who ruined Brett Kimberlin’s reputation was Brett Kimberlin.

Team Kimberlin Post of the Day

A pair of post from five years ago today were a double-whammy for Bill Schmalfeldt’s LOLsuit VI: The Undiscovered Krendler. The first was bit of Undiscovered Krendler News.

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This has appeared on PACER.

I’ve been told to expect more to appear on the case docket over the next 24 to 48 hours.

UPDATE—

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It was followed later in the day with the news that there would be No Default in LOLsuit VI: The Undiscovered Krendler.

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Aaron Walker, the lawyer representing Sarah Palmer and Eric Johnson in LOLsuit VI: The Undiscovered Krendler, has filed a timely motion to dismiss in the case, so neither defendant will default.

I’ll post the memorandum of law in support of the motion and a couple of other motions later this evening. If the Cabin Boy™ wants to see what he’s up against sooner than that, he can download the filings from PACER for ten cents a page.

UPDATE—It seems that the Cabin Boy™ no longer views his reach via Twitter or any of his blogs as sufficient to get his message out, and he is resorting mooching bandwidth by commenting here at Hogewash!. His comments will be moderated and let through at my convenience.

UPDATE 2—Oh, one more thing … The Cabin Boy™ won’t be able to delete any comment he makes here, and even if the site were to go down, his comments are backed up offline as they are received.

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Among the many comments the Cabin Boy™ left at Hogewash! that day, this one was probably the most insightful—

Of course, he didn’t have the good sense to follow his own advice.