Team Kimberlin Post of the Day

As the TKPOTD for seven years ago today noted, Brett Kimberlin often has had difficulty complying with deadlines for filing court papers.

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popcorn4bkThe docket on PACER does not show that any opposition to my motion to dismiss for failure to state a claim has been filed in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo. Given that the deadline for filing any opposition was last Friday, it appears that the motion is now unopposed.

Stay tuned.

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I filed two motions to dismiss in that case. One was for improper venue; the other was for failure to state a claim. The court granted both motions, effectively ruling that Kimberlin’s LOLsuit was not only bogus, but filed in a court that didn’t have jurisdiction .

Incompetent is as incompetent does.

Team Kimberlin Post of the Day

All of Team Kimberlin’ LOLsuits failed because they were never able to put together a logically consistent narrative that alleged all the elements of a tort. The TKPOTD for seven years ago today examine one fatal error in one false narrative.

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The real caption of the RICO 2: Electric Boogaloo LOLsuit is Kimberlin v. Hunton & Williams LLP, et al. Hunter & Williams LLP is a large law firm, but they are not representing themselves. They have hired Williams & Connolly LLP to handle the suit.

This is footnote 9 in the H&W motion to dismiss,ECF 58-fn9

The Dread Pro-Se Kimberlin waited until after the statute of limitations had run before filing his complaint against the people and organization he imagines conspired against him. He didn’t allege that ManTech, PNNL, Bill Nickless, or I were part of that original conspiracy. He’s opportunistically dragged us into the case to try to have some sort of continuity to the supposed plot. Of course, if ManTech, PNNL, Mr. Nickless, and I were never part of the conspiracy, it doesn’t make sense that we acted on its behalf.

But logic has never been one of the strong points in TDPK’s LOLsuits.

* * * * *

res_judicata_mugsAnd he dragged me in after having already lost an earlier case against me in which he could have alleged all of his claims against me in the RICO 2 case, but the doctrine of res judicata precluded litigation of those claims. Further, by including me in the alleged conspiracy, the res judicata shield I enjoyed also protected those alleged co-conspirators.

Incompetent is as incompetent does.

BTW, Res Judicata coffee mugs and other goodies are available at The Hogewash Store.

Team Kimberlin Post of the Day

The Circuit Court in Montgomery County let the Kimberlin v. Walker, et. al. LOLsuit get all the way to a trial, but most of his later state and federal cases failed to survive motions to dismiss. One did make it as far as a summary judgment in the defendant’s favor, but two were killed off via sua sponte dismissals by a judge who had learned his lesson about Kimberlin in previous cases. The TKPOTD for seven years ago today looked at one of the fatal flaws in the RICO 2: Electric Boogaloo LOLsuit.

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Here’s another example of The Dread Pro-Se Kimberlin’s inability to keep his lies straight. First, take a look at this paragraph from his 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-p17Now, take a look at paragraphs 57 and 58 in his Complaint.ECF 1-57-58

Those two paragraphs describe things that I allegedly did, and that paragraph from the opposition says that those supposed acts were done for the advancement of the mythical RICO conspiracy. That would make me a member. However, according to the Complaint, I’m not.ECF 1-C-VI

“[W]hen a complaint contains inconsistent and self-contradictory statements, it fails to state a claim.”  Hosack v. Utopian Wireless Corp., Case No. 11-CV-00420-DKC, ECF No. 15 (D.Md. 2011) at 12.

popcorn4bkTDPK is lucky that his nonsense about paragraphs 57 and 58 is in that opposition. Since it isn’t within the four corners of the Complaint itself, the Court can ignore it and the resulting contradiction. Of course, there are still plenty of fatal defects in the Complaint, but I don’t need to educate the midget about all of them. At least, not yet.

Stay tuned.

* * * * *

The biggest flaw in the RICO 2 case was including me at all. Because he could have made all the new claims against me as part of the first LOLsuit that he lost, he was barred from raising them against me by the legal principle of res judicata. Further, by claiming that I was a member of a conspiracy, that bar extended not only to me but also to my alleged co-conspirators.

Game over.

BTW, Res Judicata coffee mugs, t-shirts, and other fine swag are available at The Hogewash Store.

Team Kimberlin Post of the Day

One of the things I’ve noticed about Brett Kimberlin’s court filings is that they usually read like easily disproved fiction. The TKPOTD for eight years ago today debunked one such claim in his RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin may be in for a rough time with his RICO claim in his vexatious Kimberlin v. The Universe, et al. lawsuit. He has made allegations of online fundraising by the defendants the underpinning of his claim.ECF 135-165He made a similar claim in his Kimberlin v. Walker, et al. nuisance suit in state court. When he tried to get evidence concerning such fundraising into the record, he wound up with these exchanges. This—

MR. KIMBERLIN: Uh-huh. So you’ve raised a lot of money on that site.

MR. AKBAR: No.

MR. KIMBERLIN: You haven’t?

MR. AKBAR: Nope.

MR. KIMBERLIN: Bomber Sues Bloggers has never raised any money?

MR. AKBAR: No. I do a lot of fund raising for charitable activities, homeless people, the hungry, free speech —

MR. KIMBERLIN: I’m asking you a simple question. Have —

MR. AKBAR: Well, what —

MR. KIMBERLIN: — you ever raised any money on —

MR. AKBAR: In the context of what I do for a living, no.

—and this—

MR. KIMBERLIN: Have you ever received any money, any funds at all, from the National Blogger’s Club?

MR. HOGE: No.

Thus, there is nothing in the record of that trial concerning online fundraising by my codefendants or me that supports TDPK’s similar allegations in the state case. BKvAW2013SAC-8That lack of evidence is part of what led Judge Johnson to render a directed verdict in our favor. That verdict is a final judicial finding that TDPK’s allegations are false. As such, they are not subject to relitigation under the doctrine of res judicata. That means that the RICO claim in the federal lawsuit should be dismissed.

orvilleredenbacherIt will be interesting to see what crackpot legal theory TDPK will try to use to save his foundering lawsuit when he files his omnibus answer to all the motions to dismiss in the RICO Madness. His opposition is due on 15 October. There should be plenty of time to stock up on popcorn.

Stay tuned.

* * * * *

AFAIK, Kimberlin’s only currently active case is petition for a writ of certiorari seeking to have the Supreme Court review the Seventh Circuit’s denial of his attempt to have his Speedway Bombing convictions set aside. We’ll see how his narrative about those trials plays with the Supremes.

Stay tuned.

Team Kimberlin Post of the Day

Being one of the targets of Brett Kimberlin’s lawfare was a serious problem, but one that required mockery as part of the response. His first LOLsuit listed seven causes of action, some of which weren’t things that can be the subject of a lawsuit. Part of my response was to suggest that he forgot to include Mopery With Intent to Lurk among his laundry list of claims. Nine years ago today, one of the Gentle Readers joined in the pointage, laughery, and mockification.

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SuedByDrEvilImage Credit: @bet0001970

Stacy McCain has more here.

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If you click on the link to the @bet0001970 Twitter account, you’ll find than as with so many conservatives on Twitter, her account has been cancelled.

Team Kimberlin Post of the Day

Brett Kimberlin has lost every court case he’s filed over the past decade. The TKPOTD for five years ago today took a look at the one of the easily refuted false claims he made.

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One of the silliest claims that The Dread Pro-Se Kimberlin has made in his various LOLsuits is that making truthful statements about him based on his own writings is defamatory. For example, in his second amended complaint in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit, TDPK alleged this—The statement that Kimberlin has filed over 100 lawsuits is based on Kimberlin’s own words contained in an email he sent to Patrick Frey. The opinion that they were frivolous is based on the fact that he lost almost all of them. And as a blogger on the receiving in of TDPK’s lawfare, I agree that his attacks were vicious.

I’ve seen it suggested in some quarters that Patterico wasn’t telling the truth about receiving such an email from Kimberlin. However, in his order granting summary judgment in Patrick Frey’s favor in the Kimberlin v. Frey RICO Remnant LOLsuit, Judge Hazel found this—By my reckoning, TDPK’s filed another dozen or so civil actions in the past five years. Perhaps the next time he threatens someone he should claim to have filed “over a hundred-and-twelve lawsuits,” but given the way he’s been beaten over the past five years, he may not want to claim that his pro se lawfare is no sweat.

* * * * *

AFAIK, Kimberlin has only one case pending, his petition seeking the Supreme Court’s review of the Seventh Circuits denial of an attempt to have some of his Speedway Bomber convictions set aside. Kimberlin has managed to get lawyer to represent him pro bono. We’ll see how the case proceeds.

Stay tuned.

Team Kimberlin Post of the Day

Yes, Gentle Reader, I’ve really been writing about Brett Kimberlin and his associates and enablers for over a decade now. As this post from ten years ago today notes, Perhaps I Am A Fool.

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It has been suggested to me that I am being foolish by continuing to follow up on what I am now calling the continuing saga of Dread Pirate Kimberlin. I admit that possibility.

OTOH, I view him and his clown posse as a menace and wish to see him and them brought to justice. To that end, I try to share some of the information that I have with the Gentle Readers of this blog. Here are some things I’d like you to know.

1. I can’t always publish everything I know. I get some information off-the-record. While that information helps me put things in perspective and develop other leads, I can’t use it directly. Gentle Reader, you can also assume that I am cooperating with various people and agencies with an interest in Team Kimberlin. Thus, some information may need to be delayed or kept confidential in order to prevent evasive action by the bad guys.

2. I don’t feed trolls. I have received troll tweets and blog comments. If you’re trolling, save your breath. I’ll block your comments here and ignore you on Twitter.

3. I’m often stubborn to the point of pigheadedness. So, Gentle Reader, you can expect that I’ll stick with it. Get some popcorn, settle back, and stay tuned.

Oh, one more thing … I used to refer to Brett Kimberlin as Lord Voldemort (He Who Must Not Be Named Under Penalty of Peace Order) and his followers as the Death Eater Wannbes. He and they got demoted in July when Judge Rupp denied the Peace Order being sought against Aaron Walker. The only thing Mr. Kimberlin really has in common with the Dark Lord is that they are both losers. I’m now calling him Dread Pirate Kimberlin in reference to his piracy-themed Bloggers Offense Team website. (No, I won’t link to it.) Brett Kimberlin deserves to be made a laughingstock. At the same time, I recognize that, though he is a coward, he can be a dangerous coward. I keep my eyes open.

* * * * *

OTOH, perhaps Brett Kimberlin was a fool for trying to taking on the blogosphere in general and me in particular.

After ten years, a couple of points in the post need updating.

First, while I don’t feed trolls, but I do laugh at them.

Second, when Kimberlin began defaulting on court order sanction payments, he was downgraded from The Dread Pirate Kimberlin to The Deadbeat Pirate Kimberlin.

I’m not through with him yet.

Team Kimberlin Post of the Day

After Brett Kimberlin put up a pirate theme Bloggers Offense Fund website, I began referring to him as The Dread Pirate Kimberlin and to his associates as various members of his crew. Neal Rauhauser, who was working with Kimberlin’s not-for-profits at the time, became First Mate, and one of the Gentle Reader’s tagged Bill Schmalfeldt as the Cabin Boy. Other associates and enablers were given spots on the crew as well. The appellation “Pirate” change from time to time depending on how The Saga was progressing—Perjurer, Performer, Pusher, etc.—and “Dread” changed to “Deadbeat” when Kimberlin failed to pay various court-ordered sanction.

The Deadbeat Pro-Se Kimberlin’s first LOLsuit naming me as a codefendant was the only one of his multiple defamation cases to get as far as a trial. The TKPOTD for eight years ago today dealt with an odd question he asked Stacy McCain during that trial.

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The Dread Pro-Se Kimberlin asked remarkably foolish questions during the trial for the Kimberlin v. Walker, et al. nuisance lawsuit. Consider this exchange with Stacy McCain.

MR. KIMBERLIN: Do you tie me to Neal Rauhauser?

MR. MCCAIN: You’ve tied yourself to Neal Rauhauser. You told a Maryland court that he is your associate. He has claimed you as his client. Neal Rauhauser has represented your other —

MR. KIMBERLIN: Objection. That’s hearsay

MR. MCCAIN: I’m answering your question.

MR. OSTRONIC: Objection.

THE COURT: It’s your question, sir.

MR. KIMBERLIN: I know. But —

MR. MCCAIN: Can I answer the question?

THE COURT: Yes. You may.

MR. MCCAIN: Thank you. Okay. Neal Rauhauser, you stood in court and said that Neal Rauhauser is your associate. He’s attended multiple hearings where he was not a party that you were involved in. Neal Rauhauser has described you as his client. Neal Rauhauser represented himself as an agent of your nonprofit, Velvetrevolution.us. So he is your associate.

Comparing TDPK to Hamilton Burger would defame Hamilton Burger.

#FAIL

* * * * *

So Brett Kimberlin believed that being called an associate of Neal Rauhauser was defamatory.

Hmmmmm.

Team Kimberlin Post of the Day

All of the members of Team Kimberlin suffer from delusions of adequacy which causes them to overestimate their rank in the intellectual food chain. A couple of days ago, we took a look back at Matt Osborne’s pretentious use of the nom de cyber Xenophon. Today, we’ll look back to Bill Schmalfeldt’s use of the Tweeter handle King Leonidas.That called for a bit of pointage, laughery, and mockification, so six years ago today, I responded with this TKPOTD.

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King Leonidas of Sparta was very brave. He was also a loser. His defeat came about when someone who should have been an ally turned out to be a traitor.

Everything is proceeding as I have foreseen.

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Once again, one of the Gentle Reader’s comments to the original post is worth repeating.Yes, indeed.

Team Kimberlin Post of the Day

One of the reason the Brett Kimberlin failed in his campaign of pro se lawfare was his inability to see the possible consequences of his court filings. The TKPOTD for six years ago dealt with one of the admissions against interest he made in motion. Take a look at paragraph 7 in his motion.

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The Kimberlins have filed this motion in the Walker v. Kimberlin, et al. lawsuit seeking to depose Aaron Walker’s wife before the trial.

It will be interesting to see how the court rules on this during the 30 September motions hearing.

The Dread Pro-Se Kimberlin says he wants to have copies of the pictures Mrs. Walker took of him on 1 March, 2013, while he was stalking her. I don’t have any of them, but I do have this picture of him cruising the parking lot of the Howard County District Courthouse one week later on the date of a peace order hearing against Bill Schmalfeldt. That hearing was continued for two weeks. Schmalfeldt was out of town because of his mother’s death.20130308-152751.jpgTPDK drove around the lot, apparently looking for a particular vehicle, and left after circling the lot twice. He returned a half-hour later (just before the hearing time), circled the lot again, and left again. I believe that he was looking for the Walker’s SUV with Virginia tags. The second time he cruised the lot, he stopped in front of the car in which Aaron was sitting (a borrowed sedan with Maryland plates) without recognizing Aaron. It’s likely the Kimberlin was trying to serve a motion on Aaron, because one was mailed to him from the Elliott City post office that afternoon. The handwriting on the envelope appeared to be Kimberlin’s. Schmalfeldt was out of town and could not have mailed it.

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I saved several of the cartoons the Cockroach (Vigilans Vindex) posted as comments here, and the one for the original post sums up Kimberlin’s mistake.Heh.

Team Kimberlin Post of the Day

At this point in 2014, Brett Kimberlin has just lost the first of his LOLsuits that included me as a defendant, and only the first of his RICO LOLsuits was still pending. He had just told a reporter the Aaron Walker, Stacy McCain, Ali Alexander, and I could expect lawsuits for the rest of our lives. The TKPOTD fro eight years ago today considered that threat.

* * * * *

The Dread Pro-Se Kimberlin is rattling his tail and threatening to strike out with yet another vexatious federal lawsuit against the original defendants in the state Kimberlin v. Walker, et al. nuisance lawsuit.

Yawn.

popcorn4bkBefore he does that, he might want to war-game the various responses that are possible from one or more of the potential defendants. There are some things that he may think are low-to-zero probability that … well, let’s just say that he really, really should consider the potential costs of such a lawsuit.

Stay tuned.

* * * * *

The questions posed by this comment to the original post have never be properly answered..

Team Kimberlin Post of the Day

We’ve been following the progress of Brett Kimberlin’s attempt to have some of his Speedway Bombing convictions set aside. His latest effort failed in the U.S. District Court in Indianapolis and the Court of Appeals for the Seventh Circuit. Last month, he filed a petition for a Writ of Certiorari with the Supreme Court, and the government’s response was due on 6 September. The government asked for an extension of time to respond until 11 October, and the Court granted that request yesterday.

Stay tuned

Team Kimberlin Post of the Day

As the Kimberlin v. Walker, et al. nuisance LOLsuit was coming to an end in state court, Brett Kimberlin began trying to get a temporary restraining order in the federal RICO Madness LOLsut against the state court defendants who common to both cases. However, the federal suit was under a case management order, so Kimberlin had to ask for permission to file for the TRO, and he asked for an unusually long schedule for the filing. Judge Hazel said, “No,” point out that if the matter is important enough for a TRO, Kimberlin needed to get his paperwork in promptly. He set a drop dead date for filing.

The reason Kimberlin wanted more time than usual was that he had planned to take a vacation in Hawaii with his wife and her two daughters. BTW, he lists his salary on the Justice Through Music Project IRS Form 990 as $19,500 a year, and he told the Seventh Circuit Court of Appeals last year that he should be given a pro bono lawyer because he has to makes do on his JTMP pay and a small bit of Social Security.

The TKPOTD for eight years ago today was about Kimberlin’s response to the judge’s instructions.

* * * * *

Thursday, 28 August, 2014, was the drop dead date for The Dread Pro-Se Kimberlin to either file his motion for a preliminary injunction in his Kimberlin v. The Universe, et al. RICO Madness or to inform Judge Hazel that he was withdrawing his request to file such a motion. Failure to do one or the other was not an option, but it seems that was the course TDPK chose.

No new filings showed up in the case docket on PACER on Thursday, but if something had been filed at the last minute or put in the after-hours drop box, it would not have made it into the system until Friday. There was nothing new on Friday either.

I was informed by my lawyer in the state Kimberlin v. Walker, et al. nuisance lawsuit that TDPK had threatened to file an additional federal lawsuit against me and my state codefendants for some unspecified cause of action. (Mopery with intent to lurk?) That suit was also supposed to come on Thursday as well, but no new case had appeared in PACER as of Friday.

I’m beginning to wonder if Brett Kimberlin has caught on to the fact that his associate Neal Rauhauser’s theory of lawfare has several fatal flaws. First, it won’t work when it is used to attack someone or some organization with a combination of deep pockets and deep principles. Second, it won’t work against a pro se defendant with the time, intellectual resources, and stamina to engage in the kind of legal judo necessary to turn the lawfare back on the plaintiff. Third, it won’t work when it is used to attack so many defendants at once that they can overwhelm the plaintiff with their filings in reply to his complaints and motions.

TDPK hit the trifecta with his RICO Madness. Maybe he’s learned his lesson.

popcorn4bkAnd maybe not.

He is making noises about appealing his loss in the state lawsuit.

Stay tuned.

* * * * *

Losing that first state case wasn’t enough. It took losing the RICO Madness, RICO Retread, and RICO 2:Electric Boogaloo LOLsuits for Kimberlin to learn to stop messing with me, and he had to lose the RICO Remnant and RICO 3 LOLsuits as well before he finally gave up on trying to use lawfare for reputation management.

Team Kimberlin Post of the Day

Neal Rauhauser is one of the weirder members of Team Kimberlin. The Gentle Reader may find the links in Another Review of #NealRauhauser’s Fiction interesting. The post appeared nice years ago today.

* * * * *

Stacy McCain has posted his take on Neal Rauhauser’s latest bit of fiction.

Read the whole thing.

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Rauhauser was working with Kimberlin at Justice Though Music Project in 2012. Thus, he became First Mate Neal Rauhauser. Rauhauser stopped coming to court with Kimberlin after the 5 July, 2012, hearing that quashed the bogus peace order issued against Aaron Walker. The fact that court bailiffs were being copies of Rauhauser’s outstanding warrants may have had something to do with that change.

Team Kimberlin Post of the Day

I wasn’t a lack of knowledge about the law that caused Team Kimberlin to lose all of the LOLsuits they file over the past decade. Their problem was that much of what they knew was wrong. The TKPOTD for five years ago today dealt with one of their many errors.

* * * * *

The Dreadful Pro-Se Schmalfeldt seems to think that he can add defendants to LOLsuit VIII: Avoiding Contact without amending it. FRCP 20 allows permissive joinder of defendants for causes of action that arise out of the same events and that turn on the same questions of law. IANAL, but it seems to me that if TDPS is going to add defendants, he will have to add their names to the LOLsuit’s caption, identify them, and allege his claims against them. That will require additions to his complaint. If he changes his complaint, he will have to do that according Rule 15, and he’s used his freebie amendment. Further amendments will require the consent of all of the defendants (not likely) or the court.

He really needs the assistance of counsel.

* * * * *

Competent counsel. Not Acme.

Team Kimberlin Post of the Day

Bill Schmalfeldt took several turns as editor of Breitbart Unmasked, but his GS-13 editorial skills were never quite up to the job. A BU post that appeared five years ago today showcased on of his common errors. The post was titled Hoge Admits His Role in Conspiracy. The post, which appears to be work-for-hire and thus owned by BU, begins—

He claims his “Johnny Atsign” feature is a work of fiction. But is it? Would a good libel attorney be able to bust Hoge for pointing out that his readers know perfectly well who and what he is talking about?

In today’s “episode,” Hoge writes about his involvement in what he calls a “honeypot”, a ruse designed to authenticate already authenticated information about me.

CHARACTER LIST: GROUCH, me; GRAYSON, Patrick Grady; ZOMBIE, “Paul Krendler;” JOHNNY, Hoge.

He then begins an extensive quote of a Johnny Atsign episode, and then writes this—

Does that even make any sense? I discovered the website accidentally by doing a search on the way “Krendler” and his readers spelled Hoge’s name with 21 O’s at certain times. I didn’t write a word about it until I had salvaged as much as I could from the Google Cache, from which one will find no sign of https://hoooooooooooooooooooooge.wordpress.com to this day.

Once I had all I could salvage, I revealed my discovery. Hoge immediately declared it a “honeypot.” Hundreds of pages and images, beginning March 28, 2014, and ending March 9, 2015. And Hoge admits his part in it.

If it is fake, it’s still horrible! It shows how determined Hoge, Grady, Palmer, Johnson and the whole Hee Haw gang were at pretending they were gathering evidence they hoped I would discover at about the same time my wife was dying.

If it’s real, it’s horrible. It is a journal of conspiracy showing how the gang worked under the cover of a members-only website to trade bits of personal information about me in an effort to wreck my life.

Either way, it’s horrible. And it will be introduced as evidence in the Federal Libel and Conspiracy trial in South Carolina.

AND HOGE JUST ADMITTED HIS PART IN IT!!!

Of course, I admitted no such thing. Oh, and nothing got admitted into evidence in the Cabin Boy’s™ LOLsuit VIII because the suit didn’t survive a motion to dismiss.

Team Kimberlin Post of the Day

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

* * * * *

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

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

PRO BONO: (Telephone Filter) Hi, Johnny. I’ve got a job for you.

JOHNNY: OK. What’s up?

PRO BONO: (Telephone Filter) The Bomber has served one of my clients with a summons, and he almost did it right this time.

JOHNNY: Almost?

PRO BONO: (Telephone Filter) Yeah. He paid for Restricted Delivery, and the USPS tracking shows Restricted Delivery was paid for, but the Post Office actually delivered it to someone else.

JOHNNY: He can’t seem to ever get this right.

PRO BONO: (Telephone Filter) We’re accepting service, but I want you to look at what’s going on. We believe he’s messed up service on some others.

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

Bill Schmalfeldt didn’t include me as a defendant in all of his LOLsuits. IIRC, LOLsuit VII:Degenerations had only two defendants: Patrick Grady and Sarah Palmer. The U. S. District Court in Chicago assigned a lawyer to review the case, and the TKPOTD for six years ago today dealt with a few of the problems I thought Schmalfledt would have in trying to convince the lawyer to allow the case to proceed.

* * * * *

The Dreadful Pro-Se Freeloader Schmalfeldt has posted some more of his yibble-bibble concerning his unique theory of spoliation of evidence. (No, I won’t link to it.) He seems to to think that an Illinois Supreme Court case is the controlling precedent for his theory. However, that case deals with a set of facts that have nothing to do with his situation, and, here’s the more important problem he faces, because he’s filed suit in a federal court, the Federal Rules of Civil Procedure and Federal Rules of Evidence apply.

res_judicata_mugsWhen he meets with his lawyer on Wednesday, he should ask about FRCP 37 and sanctions against any party who engages in spoliation of evidence. He should, but I doubt that he will.

He should also ask his lawyer about the effect of dismissing Schamfeldt v. Grady, et al. (I), Case No. 15-CV-1241-RDB (D.Md. 2015) with prejudice has on the claims in LOLsuit VII: Degenerations. For example, if Grady must be dismissed because of res judicata, on what grounds can Sarah Palmer be haled into the U.S. District Court of the District of Northern Illinois? He should ask what effect his application for copyright registration for Confession of an Undercover Internet Troll in which he swore he was the author of a book that identifies it’s author as Paul Krendler could have on LOLsuit VII.

He should divulge a great many things to his freebie lawyer, and he should ask a lot of important questions. I bet he won’t.

* * * * *

In fact, the case was quickly withdrawn.

I suspect that this reader comment to the original post isn’t far off from what really happened.

Team Kimberlin Post of the Day

Back in 2016, Brett Kimberlin sued Senators McConnell and Grassley because they held up the nomination of Merrick Garland to the Supreme Court. The TKPOTD for six years ago today took a look at a possible motivation for that failed LOLsuit.

* * * * *

In the first paragraph of the Complaint in the Kimberlin v. McConnell, et al. LOLsuit (that’s the one in which he’s suing the Senators McConnell and Grassley for not moving the Garland nomination to the Supreme Court through the confirmation process), The Dread Pro-Se Kimberlin says that part of his duties at Justice Through Music Project is to file lawsuits to vindicate his own personal rights. That suit was dismissed for lack of standing by the U.S. District Court, and it’s now on appeal at the Court of Appeals for the Fourth Circuit.

I suspect Brett Kimberlin sees sticking his nose into the Garland nomination controversy  as an opportunity to stir up some donations for his not-for-profits, and the JTMP website has a post on the issue.JTMP_judicial_vacancyNote that the post, which has been up for several weeks, has not generated a single comment. That’s unsurprising. Not one of the posts shown on the JTMP Home Page has elicited any comments. Again, that’s not surprising given how little traffic the site generates.

fruitcakeThe odds are that more people will read this post today than will visit the JTMP website this month. I probably never would have written a word about Brett Kimberlin if he hadn’t engaged in his campaign of brass knuckles reputation management and got that unconstitutional peace order against Aaron Walker, and Aaron wouldn’t have been involved if Kimberlin hadn’t engaged in shutuppery against Seth Allen. I wonder—does Brett Kimberlin ever wish he had ignored what Seth Allen was writing?

* * * * *

Stacy McCain calls Kimberlin The World’s Worst Pro Se Litigant™. I’ll just say that stupid is as stupid does.

Team Kimberlin Post of the Day

Lawfare hasn’t been the only thing I’ve had to put up with from Team Kimberlin. They also tired to intimidate me with various forms of cyberthuggery. This post about Anonymity and Cowardice ran nine years ago today.

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The use of the term “anonymous coward” to describe someone who posts a comment without using his real name or a known nom de cyber goes back to the early days of Usenet. If Samuel Clemens were to comment here as Mark Twain, he would not be considered an anonymous coward. (Note: Someone using a known nom de cyber (i.e., @BreitbartUnmask) may be a coward but doesn’t really meet the definition of anonymous coward.)

OTOH, these “commenters” are clearly anonymous cowards:cowardsThe abusive, often obscene, content of the comments submitted under these names compounds the cowardice of the sender(s). He (they) doesn’t (don’t) have the courage to speak openly.

I’ve received around a hundred such “comments” over the past few months. I’ve posted a few of them. Most have been so juvenile that my reaction has been to shake my head and file them away. Some, however, have contained seriously perverted messages that raise concerns about the stability of the sender. They have caused my family to take some additional measures to assure our safety.

There are some really sick weirdo trolls on the Internet.

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Bullies always seem surprised when a victim punches back, and I’ve rarely settled for only twice as hard.

Team Kimberlin Post of the Day

Brett Kimberlin has made almost all of his false statements about me in court filings because statements made in that context are privileged and can’t form the basis of a claim for defamation. The TKPOTD for eight years ago today was a fishing of one set of claims he made in the first RICO LOLsuit that include me as a defendant.

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In the Second Amended Complaint of his Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin has accused me of the following:

From paragraph 76: Virtually every time Plaintiff appears in Court, Defendants Walker and Hoge have stalked him, and Plaintiff fears that Defendant Walker will assault him again. Both Defendants Walker and Hoge constantly write blog posts, some with photos of their shots at the shooting range, stating how they are armed and dangerous and will not hesitate to use their weapons against Plaintiff. Plaintiff has witnessed Defendants Walker, Akbar, McCain, Frey and Hoge attack anyone online who questions their conduct, and at least one reporter has received many death threats after writing about the Defendants.

<fisking>In July, 2013, TDPK tried to have Aaron Walker and me ejected from a courtroom where a set of peace order and protective order hearings to which he was a party were about to begin. Judge Mitchell informed him that we were entitled to be at an open court session.

I’ve never threatened violence to anyone on this blog. I don’t intend to.

If someone has received a death threat, TDPK should make sure that it has been reported to an appropriate law enforcement agency.</fisking>

From paragraph 77: Defendants Akbar, Hoge, Walker, Thomas aka KimberlinUnmasked and McCain have continued to defame and publicly attack Plaintiff after the filing of this Complaint with thousands of tweets and blog posts falsely calling Plaintiff a swatter and stating that he caused Defendant Walker’s termination.

<fisking>I have reviewed every reference to SWATing published here at Hogewash!, and I cannot find a single instance where I have called TDPK a SWATter. I have referred to his involvement in Aaron Walker’s losing his job. BTW, that came up as in the state case, and TDPK was not able to show that what Aaron’s claims is false. Collateral estoppel should apply to any RICO Madness claim relating to Aaron’s firing.</fisking>

From paragraph 80: Defendants Walker, Hoge, Frey and Stranahan condemned Judge Vaughey online which resulted in the judge being targeted by having his home phone number and address posted online, causing the head of courthouse security to provide special security for him. Defendants Walker and Hoge called on their followers to contact Montgomery County States Attorney John McCarthy and demand that he arrest and prosecute Plaintiff based on their false narratives. In March 2013, Defendants Hoge, Walker, McCain and Stranahan launched “Everyone Blog About Howard County (Maryland) State’s Attorney Day,” which resulted in threats by phone and email to the State’s Attorney over a period of several weeks.

<fisking>TDPK can show no causal relationship between my criticism of Judge Vaughey’s decision to ignore a Supreme Court precedent and grant an unconstitutional peace order and any alleged actions that might have been taken by third parties. I have never contacted State’s Attorney McCarthy demanding TDPK’s arrest. I have asked why the Montgomery County State’s Attorney’s Office has ignored Brett Kimberlin’s blatant perjury, but I have never received a reply. The Howard County State’s Attorney’s Office has never confirmed to me that they received any threats as a result of Everyone Blog About the Howard County State’s Attorney’s Office Day.</fisking>

From paragraph 138: On June 8, 2012, Defendant Hoge, who lives in Maryland, wrote a letter to a Congressman in Maryland and imputed that Plaintiff was involved with swattings, that he should be investigated by the FBI and sent to prison. Defendant Hoge published that letter along with a blog post.

<fisking>Yes, I wrote a letter to Congressman Van Hollen. It doesn’t say anything about the FBI, and it doesn’t accuse TDPK of SWATting. Even if the letter were defamatory, and it isn’t, the statute of limitations on defamation had run out by the time TDPK filed his lawsuit.</fisking>

From paragraph 139: Since the filing of the original complaint in this case, Defendant Hoge has published hundreds of blog posts and tweets defaming Plaintiff and accusing him of crime after crime. In fact, the majority of his Hogewash.com blog is dedicated to attacking, cyber stalking and harassing Plaintiff, his family and anyone who supports Plaintiff, including reporters, judges and prosecutors.

<fisking>This blog brings up Brett Kimberlin or one of his associates every day and will continue to do so until he has been brought to justice. Hogewash! has never attacked members of his family, legitimate reporters, judges, or prosecutors.</fisking>

From paragraph 143: Defendants McCain, Walker, Frey, Stranahan, Hoge, DB Capitol Strategies, and Akbar raised and continue to raise money on their websites based on their false narrative about the swattings.

<fisking>As mentioned above, Hogewash! has never accused TDPK of SWATting, but the Gentle Reader should feel free to hit the Tip Jar anyway.</fisking>

From paragraph 156: These Defendants, including Malkin, Hoge, Walker, Ace, Thomas, McCain, Akbar and Frey, egg on their commenters and ask them to get involved, post comments and tweets, demand that Plaintiff be investigated and incite their readers to engage in vigilante action directed at Plaintiff in Maryland.

<fisking>I do encourage the Gentle Readers to get involved. However, as I have said before, I am strictly opposed to any vigilante action directed toward Brett Kimberlin or any other member of Team Kimberlin.</fisking>

From paragraph 186: Other forms of retaliation were the battery of Plaintiff by Defendant Walker; the filing of false criminal charges, peace orders and frivolous civil suits against Plaintiff by Defendants Walker and Hoge; attempting to extort a settlement from Plaintiff in exchange for dismissing a malicious federal lawsuit by Defendants Walker, Backer and DBCapitol Strategies; publishing defamatory stories accusing Plaintiff of swatting; repeatedly threatening Plaintiff with imprisonment based on false narratives; and threatening Plaintiff’s family.

<fisking>TDPK’s allegation of battery was shown to be false over two years ago. He should give it a rest. His thing about false charges, peace orders, and civil suits was found to be meritless by Judge McGann during the 1 July hearing. Collateral estoppel strikes again.</fisking>

From paragraph 249: Defendants Walker, Hoge, McCain and Ali have stalked Plaintiff in public places. Defendants Walker, Hoge and DB Capitol Strategies have filed numerous false criminal and civil actions against Plaintiff over a two-year period, all which have been dismissed or denied. Defendants Hoge, Walker and some of the other Defendants publish daily taunts against Plaintiff and mock this suit with daily posts on their blogs, and continually assert that they are going to get Plaintiff imprisoned. They have attacked Plaintiffs employer and those who donate to that non-profit The Defendants have tried to get Plaintiff fired. They have attacked Plaintiffs wife and teenage daughter and even reporters who have written favorably about Plaintiff. They have even attacked prosecutors who have refused their frivolous charges, Defendant Walker has even imputed in a recent blog post that Plaintiffs teenage daughter is fair game for destruction because of “corruption of blood.”

<fisking>This blog has never attacked any member of Brett Kimberlin’s family. It does engage in mocking him.</fisking>FrenchTaunt

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That post was from 2014. In 2015, Tetyana Kimberlin filed the false Application for Statement of Charges alleging that I had harassed her older daughter. With that, Tetyana Kimberlin became an active member of Team Kimberlin, and I have written about her participation in her husband’s schemes.

Team Kimberlin Post of the Day

Brett Kimberlin has done many things that I have found disturbing, but the incident referenced in the TKPOTD for eight years ago today was among the worst I’ve witnessed.

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I’ve been listening to the courtroom audio recordings as part of my preparation for the next part of my Kimberlin v. Walker, et al. in Review series. Since those recording are used to produce the trial transcript, they include the conversations between the judge and counsels at the bench. I could not hear them in the courtroom because a noise source is turned on by the judge to mask the conversations. Thursday evening was the first time that I became aware of the following:

Brett Kimberlin called his older daughter as a witness. He did so at the end of the presentation of his case. He tried to do so as his first witness, but our lawyer objected. During the interchange at the bench, The Dread Pro-Se Kimberlin said that he wanted her to testify to various things which the judge felt were inadmissible because her testimony would be hearsay. TDPK also said he wanted her to testify to the fact that he had not done anything untoward with her. That would have been admissible, but my lawyer agreed that we would stipulate that so there was no reason for her to be called. During the conference at the bench, Judge Johnson remarked,

To put your 15 year old daughter—talk about —talk about harm—to put a 15 year old kid in a courtroom in front of a jury and ask her questions about pedophilia!

Just before he called her, the judge called the counsel up to the bench and tried one more time to dissuade TDPK from calling his daughter.

THE COURT: You know the witness you really need?

KIMBERLIN: Huh?

THE COURT: Is your wife here?

KIMBERLIN: She’s, she’s packing. We’re leaving on vacation tomorrow—

THE COURT: Is she gonna testify? See, that’s —if she were going to testify, that would be one thing, but a 15 year old?

TDPK put her on the stand any way.

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Words fail me.

Team Kimberlin Post of the Day

Yesterday, I noted the eighth anniversary of the directed verdict in the defendants’ favor in the Kimberlin v. Walker, et al. LOLsuit. Eight years ago today, I published a Kimberlin v. Walker, et al. in Review. I’ve reproduced it below.

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Brett Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in the Circuit Court for Montgomery County. His initial complaint was a laundry list of torts and several other bizarre claims that sought $1,000,000 in damages. Yesterday, he lost his case with respect to Aaron, Stacy, Ali, and me. Technically, the suit still survives against the two individuals that Kimberlin is currently accusing of being Kimberlin Unmasked, but based on what developed at this week’s trial, their defense would appear to be pretty solid and straightforward. Brett Kimberlin would be wise to drop his case against them.

Now that we’ve won, I’m going to tell you my side of the case. It’s a long and complicated story, requiring many posts.

During the first weekend of July, 2013, I got an email from a reader who had seen in the Maryland Judiciary Case Search database that Brett Kimberlin had filed for a protective order against his wife and had filed criminal charges against another individual. Maryland has two types of what are called “restraining orders” in other states. Peace orders are issued between unrelated persons. Protective orders are issued among family members, roommates, or other persons with close relationships. Given The Dread Pro-Se Kimberlin’s history of seeking peace orders against the likes of Aaron Walker and John Norton, I wondered why he was seeking an order against his wife. So the following Monday, Aaron Walker and I went to one of District Courthouses in Montgomery County and witnessed the hearing.

I won’t rehearse all the details, but over the next few days, Mrs. Kimberlin approached me, and Aaron and I wound up helping her with her legal problems related to her husband. Shortly afterwards, TDPK sued us. One of the claims for defamation that he made was based on the fact that I suggested that Brett Kimberlin might be a pedophile. That suggestion was made after he had been charged with sexual offense in the third degree. While the State didn’t take the charges to trial, I believe Mrs. Kimberlin’s story.

In order to prove a defamation case in Maryland, the plaintiff must prove that what the defendant said or wrote was false. Brett Kimberlin could not do that. After putting his older daughter, Aaron, Ali, Stacy, and me on the stand, he had produced no evidence of falsity. He had no case. With the jury sent out of the courtroom, Judge Johnson incredulously asked him, “Is it your theory that you can come into court and say, “I was defamed,” and rest your case?” Because TDPK had offered no evidence for the jury to consider in its deliberation, the judge ruled that there was no case, and gave a verdict in favor of the Aaron, Stacy, Ali, and me as a matter of law.

The Dread Pro-Se Kimberlin filed his suit on 30 August, 2013. He lost on 12 August, 2014. That makes 347 days that we defendants were subject to his vexatious nonsense. All that has cost TDPK is a sanction award of $600 to our lawyer—which he now late in paying. Or so he may think.

Stay tuned.

UPDATE—During her testimony, Miss Kimberlin was very supportive of her father. However, as the judge noted, being a good father would not disprove what we wrote about him.

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Suing me was probably the dumbest mistake he made since he got out of jail, and Im not done with him yet.

Team Kimberlin Post of the Day

The TKPOTD for eight years ago today contained my thoughts as I prepared for the first day of the Kimberlin v. Walker, et al. nuisance LOLsuit.

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The Kimberlin v. Walker, et al. nuisance lawsuit is scheduled to go to trial at 9:30 this morning in the Circuit Court for Montgomery County. When you cut through all the bullshit in The Dread Pro-Se Kimberlin’s complaint, what the suit boils down to is this—Brett Kimberlin haz sad because a bunch of mean bloggers said truthful things about him and wouldn’t shut up when he said so.

His suit is 100-%-pure, unadulterated anti-First-Amendment shutuppery. TDPK will get his day (or two) in court. He’ll have his chance to convince a judge and jury that it’s defamatory to write accurately about his past, to report truthfully about his present activities, or to express an opinion about him based on what was learned in that reporting. He will have to prove that what we wrote was false and that either we knew it was false or we wrote with a reckless disregard for the truth. He will have to present evidence to that effect, and he doesn’t have any—which is just the beginning of the problems TDPK faces.

I don’t expect the process to be pleasant, but I do expect that my codefendants and I will come out of it as the winners.

Pray for justice.

UPDATE—This seems to be all Team Kimberlin has left.TK201408110033Z

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You know, as much as I enjoy camping, I haven’t had many opportunities over the past eight years. I doubt I’ve spent a whole week sleeping under canvas or nylon during past eight years.