Team Kimberlin Post of the Day


Today is the sixth anniversary of the failure of the Kimberlin v. Walker, et al. nusiance LOLsuit. The Dread Deadbeat Pro-Se Kimberlin had already had five of the seven counts of his complaint thrown out at the summary judgment phase of the case. The remaining defamation and false light claims died when he failed to present any evidence that my codefendants and I has said or written anything thing about him that was false. The judge stopped the trial after Kimberlin rested his case and granted a verdict in our favor.

While the trail was being held, Bill Schmalfeldt was engaged in PR tweeting on Kimberlin’s behalf. I published this post titled The Cabin Boy™ Gets One Right For A Change early in the morning six years ago today before the second day of the trial had started.

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He pontificates thusly:rnusa201408111139ZMr. & Mrs. Stranahan, a mother in Wisconsin, a dentist in Pennsylvania, Chris Heather, Ali Akbar, Mr. & Mrs. Causey, Mr. & Mrs. Walker, Mrs. Hoge, and several others were unavailable for comment.

My comment is unprintable.

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It took several more losses before either The Dread Deadbeat Pro-Se Kimberlin or the Cabin Boy™ began to learn they were punching beyond their reach and fighting in a class well above their intellectual weight. Indeed, I am not sure they have completely grasped the full nature of their folly yet.

Heard at the In Re Flynn Hearing


Here’s what may be the money quote from the en banc rehearing of the In Re Michael Flynn mandamus petition at the Court of Appeals for the DC Circuit today. In explaining why the list of reasons for dismissal given to the trial court were sufficient but not necessarily exhaustive, Acting Solicitor General Jeff Wall said—

The AG sees this in context of non-public information. It may be possible that the AG had before him information that he was not able to share with the Court.

Hmmmmm.

UPDATE—See my comment below.

Team Kimberlin Post of the Day


It seems to me that the real reason that Brett Kimberlin has engaged in his effort to use lawfare as a means of brass knuckles reputation management is that, although he doesn’t appear to be ashamed or feel any remorse for the things he has done, he does seem to understand that most people don’t approve of the things he has done. Thus, he would prefer that his past and much of his present actions remain hidden.

One of the things he tried to cover up was the perjured complaints that Tetyana Kimberlin and he filed against Aaron Walker and me alleging that we had harassed her elder daughter. Kimberlin filed a motion to seal the complaint and lied to the court about serving us with copyies of the motion, but he got caught in his lie when the court sent me a copy of its ruling denying the motion. The TKPOTD from four years ago today provides more detail.

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A few weeks ago, I posted this motion to seal the records of the State v. Walker and State v. Hoge cases in which Aaron Walker and I were falsely charged with online harassment of a minor. The perjured Applications for Statement of Charges were filed by Tetyana Kimberlin, and the motion purports to bear her signature.

Neither Aaron nor I were served a copy of the motion. I found out about it when I received the copy shown above from the District Court showing Judge Wolfe’s denial of the motion. I later received service of the State’s response to the motion as well.

Aaron also received a copy from the District Court. Even though the judge has already denied the order, he filed an opposition to the motion to seal in order to make certain the case records would be available as evidence in the Walker v. Kimberlin, et al. lawsuit.

Even though Tetyana Kimberlin’s motion was denied on 11 July, the Kimberlin’s filed this “Reply to Defendant Aaron Walker’s Motion to Unseal, and Motion for Sanctions” on 8 August.

popcorn4bkThis yet another example of Brett Kimberlin’s increasing panic. The motion before the court was not one from Aaron to unseal. It was Tetyana Kimberlin’s (nominally) motion to seal. The Dread Pro-Se Kimberlin now has so many cases to track that he can no longer keep them straight.

Also, at no point in his bizarre filing does TDPK actually ask the court to impose any sanction on Aaron.

Everything is proceeding as I have foreseen.

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BTW, look at what is purported to be Tetyana Kimberlin’s signature on the original motion. Now, look at her signature on the reply to Aaron Walker.

Forging forgers gotta forge.

Team Kimberlin Post of the Day


It was Neal Rauhauser who floated the idea of using pro se LOLsuits as a way of harassing and silencing bloggers who wrote truthfully about the activities of leftwing “activists” such as Brett Kimberlin. Two years ago today, I was able to write about Rauhauser lack of success in court in a post called And in Other Good First Amendment News …

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The largest anti-SLAPP penalty ever awarded is now the largest anti-SLAPP penalty ever reversed and remanded. The 2nd State Court of Appeals in Fort Worth, Texas, found the 67th State District Court in Fort Worth had abused its discretion in awarding Neal Rauhauser more than $300,000 in attorney’s fees, $150,000 in sanctions (initial sanction award was $1,000,000), and additional non-monetary sanctions not authorized by the Texas Citizen’s Participation Act (TCPA). The court further ordered Appellee Neal Rauhauser to pay all costs of the appeal to the prevailing parties, James McGibney and ViaView, Inc., the parent company of the BullyVille website.

James McGibney stated, “It’s not an everyday occurrence that you see a fugitive, with four outstanding warrants for their arrest, win and then, in dramatic fashion, lose one million dollars, without ever stepping foot in a courtroom. That’s exactly what happened to defendant Neal Rauhauser, and we are grateful that the Second Court of Appeals found in our favor.”

Everything is proceeding as I have foreseen.

UPDATE—More here.

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AFAIK, Neal Rauhauser still has several outstanding warrants and is still a fugitive.

Team Kimberlin Post of the Day


Six years ago, my codefendants and I in the Kimberlin v. Walker, et al. nuisance LOLsuit were in the final stages of preparation for the trial. The In Re Kimberlin v. Walker, et al. post from six years ago today provided a short history of how I came the be sued by Brett Kimberlin.

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We go to trial on Monday. Aaron Walker, Stacy McCain, Ali Akbar and I are confident that we will be vindicated. After I return from work today, the weekend will be spent preparing for the trial. Blogging is likely to be very light for the next few days.

I got involved in all this when I became aware of Brett Kimberlin’s anti-First-Amendment activities, especially his attempt to use a peace order to unconstitutionally gag Aaron and his calls to Stacy’s wife’s employer that resulted in the McCain family moving to an undisclosed location. I stuck with the story and was able to cover the various trials and hearing in nearby courts during 2012.  By late 2012, I had become a target of Team Kimberlin as well. By 2013, I became enmeshed in the legal wrangling myself.

I’m looking forward to the trial, not because I enjoy being sued, but because it will bring closure to one part of that wrangling.

I’d like to thank all you folks who have been supportive of my codefendants and me this past year. The best way that you can support us now is with your prayers. The second best is by supporting the Bomber Sues Bloggers [Dead link. That site is no longer active. Thank you to everyone who donated.] fund. Our lawyer is pro bono, but there are other expenses incurred in our defense. The certified transcript for the 1 July hearing cost about $120. Another thing that you can all do is refrain from speculating on either side’s trial strategy. Brett Kimberlin is really quite a doofus in a courtroom. Please don’t give him any hints.

For now, I won’t be writing about this case. There’s plenty of other Team Kimberlin stuff to publish. There’ll be plenty to write about concerning Kimberlin v. Walker, et al. after the verdict.

Stay tuned.

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After losing that first LOLsuit, The Dread Deadbeat Pro-Se Kimberlin promise us defendants “lawsuits for the rest of their lives,” and he kept that promise for several years. He hasn’t sued me since he lost the Kimberlin v. Team Themis RICO 2: Electric Boogaloo LOLsuit, but there are still open matters from those cases he brought against me. Therefore, …

I’m not done with him yet.

Team Kimberlin Post of the Day


The TKPOTD for six years ago today dealt with the meaning of words.

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The Dread Pro-Se Kimberlin keeps using these words.BK v AW 2013-71That example is from his second amended complaint in the Kimberlin v. Walker, et al. nuisance lawsuit.

odi·ous adj. \ˈō-dē-əs\ : causing strong dislike; arousing or causing repugnance.

in·fa·mous adj. \ˈin-fə-məs\ : well known for being bad or evil.

frighten verb \ˈfrī-tən\ : to cause (someone) to become afraid.
frightened • fright·en·ing

I can understand how someone might have a strong dislike for a person who set a time bomb in the parking lot of a high school football game. Someone who was convicted of a series of high-profile bombings might be considered to have become infamous. And being frightened of such a person is a perfectly reasonable reaction.

#IfTheShoeFits

Red TwizzlersSo Thursday could be a very big day. The Gentle Reader should stock up on popcornJujubesRaisinetsJunior Mints, or  Milk Duds. And if none of those work for you, we also have Red Twizzlers available via Amazon.

Stock up. Stay Tuned.

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The possible big day on Thursday mentioned in the post referred to the final pretrial hearing in the Kimberlin v. Walker, et al. nuisance LOLsuit scheduled for the day after the post. The results of the hearing were mixed, but generally in the defendants favor. While we wound up having to go to trial, the court denied The Dread Deadbeat Pro-Se Kimberlin’s motion for a preliminary injunction that would have shutdown our blogging about him.

Of course, by going to trial and losing, TDPK created the opportunity for even greater pointage, laughery, and mockification. Nothing proceeded as he had imagined.

I’m Not Making This Up, You Know


PJ Media reports that five “protestors” are suing Seattle. They claim the city effectively levied a “protest tax” by allowing police to use “military-grade munitions” to break up unruly crowds. The suit argues only people who are rich enough to buy armor have a First Amendment right to protest.

It looks to me like the real basis of the suit can be summed up as “No fair! You hit us back!” The cops dealing with the rioters in places such as Seattle have had rocks, bricks, and other projectiles lobbed at them. They’ve had large fireworks explode around them. They’ve been sprayed with bear spray which is much stronger than the pepper spray designed for use on humans. Most of the time, the police have held their fire, but when they have responded, they’ve used crowd control tools and techniques that are generally less dangerous than what they have faced.

While the military has access to the same sort of crowd control tools that the civilian police use, that doesn’t make them “military-grade munitions.”

BTW, just because a munition is “military-grade,” it isn’t necessarily too powerful to be in general circulation in society. The 9mm pistol cartridge used by the Army, Navy, Marine Corps, and Air Force is less powerful than the .40 S&W cartridge used in pistols carried by many officers of the Seattle Police. The 5.56 mm NATO rifle cartridge used in the M16 rifle and M4 carbine is less powerful than the .30/30 Winchester round that has been in hands of the public for over a century.

If the police cannot use a range of tools that are less dangerous than firearms when confronted with rioters and arsonists, their range of responses will be reduced as well. When faced with potentially lethal violence (one can be killed by a thrown brick, people die in fires), they will have to choose between retiring from the scene and leaving it to the rioters—or opening fire with live ammunition. When the Seattle Council voted to prevent the police using less lethal tools, the police chief let the community know that she would not risk her officers’ lives to protect property. A federal court has put the council’s order on hold for awhile, so the police haven’t faced a flee or fire choice. Yet.

I’m told it’s uncomfortable to be hit with a pepper ball. I’ll bet a 165-grain jacked hollow point bullet hurts worse.

Team Kimberlin Post of the Day


Brett Kimberlin made a big mistake by trying to silence bloggers through lawfare. He was quasi-successful with his attack on Seth Allen, but going after Aaron Walker stirred up too many free speech bloggers, including me. That brought too many eyes looking his way. However, his worst mistake may have been picking on me. He did it at a time when I had retired and could devote full time to defending against his LOLsuits and bogus criminal complaints. Even though I’m now working again, I’ve continued to keep an eye on him.

One of the tools I’ve used throughout my coverage of Kimberlin’s failing attempts at reputation management is humor. The TKPOTD from three years ago is one example of such ridicule.

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The month of August is off to a good start, but we may have a few days of behind-the-scenes activity during the coming week.

The Gentle Reader may wish to take the opportunity to stock up on popcorn.

Meanwhile, I seem to be all out of bubble gum.

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Yes, I’m still keeping an eye on Kimberlin, and I have lots of tools to do so.

Team Kimberlin Post of the Day


Even Gentle Readers who have closely followed The Saga of Team Kimberlin for the past 8+ years sometimes lose track of all the various LOLsuits and other legal shenanigans that Brett Kimberlin has tired to employ in his failed attempts at brass knuckles reputation management. Five years ago today, I ran the following post to help the Gentle Readers keep track of Who’s On First?.

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I’ve had several requests to explain the various court cases that are referenced here on Hogewash!, so here’s a more or less complete list of the current cases relating to Brett Kimberlin.

Kimberlin v. Walker, et al. was filed by The Dread Pro-Se Kimberlin on 30 August, 2013, in the Circuit Court for Montgomery County against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. It alleged all sorts of frivolous claims. The two persons TDPK claimed were Kimberlin Unmasked settled the case with him. Five of the seven claims against the rest of us were dismissed on summary judgment. We went to trial on his claims of defamation and false light invasion of privacy. After TDPK rested his case, the judge entered a directed verdict in the favor of the defendants because not a “scintilla” of evidence had been produced that we had defamed him or invaded his privacy. He has appealed the case to the Maryland Court of Special Appeals.

Kimberlin v. National Bloggers Club, et al. (I) was filed in U. S. District Court on 15 October, 2013, initially against 21 defendants, including me. It is also known around here as the Kimberlin v. The Universe, et al. RICO Madness. The second amended complaint added three more defendants. Four of the defendants settled with TDPK. On 17 March, 2015, all but one claim against one defendant were dismissed. The federal claims were dismissed with prejudice, meaning that they cannot be refiled. The state law claims were dismissed without prejudice, meaning that could be refiled in state court. The case is still alive and is now called Kimberlin v. Frey. I often refer to it as the RICO Remnant. Kimberlin tried to appeal the dismissal of the federal claims to the Fourth Circuit Court of Appeals. He appeal was dismissed.

TDPK did refile the state law claims from the RICO Madness in the Circuit Court for Montgomery County. It’s formally known as Kimberlin v. National Bloggers Club (II), but around here it’s called Kimberlin v. Most of the Universe, et al. RICO Retread—Most of the Universe because TDPK dropped several of the RICO Madness defendants.

The day before almost all of the RICO Madness case was dismissed, TDPK filed Kimberlin v. Hutton & Williams LLC, et al. which names me among the 19 defendants. I’ve taken to calling it Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo.

Earlier this year, Kimberlin also filed a peace order petition against me. The petition was denied by the District Court. He appealed, and it was denied again by the Circuit Court. Acting through his wife, a criminal charge was filed for alleged online harassment of a minor child. The charges were dropped for lack of evidence. This was the second time he had tried to bring a false criminal charge against me. He filed a harassment charge in 2013 that was dismiss and expunged before I could even be served.

The serious pushback against Kimberlin’s lawfare is beginning. Aaron Walker as filed a suit know as Walker v. Brett Kimberlin, et al. The et al. is Tetyana Kimberlin. More consequences are in the pipeline.

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I can sum up the results of Kimberlin’s lawfare by simply saying he’s maintained a perfect record—of striking out.

Team Kimberlin Post of the Day


Ever since Brett Kimberlin started his campaign of brass knuckles reputation management via lawfare, having his name appear in the papers hasn’t turned out well for him. Consider the coverage he received in WaPo that was linked to in post #BrettKimberlin Makes the Washington Post from six years ago today.

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Eugene Volokh writes about him here.

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Of course, Kimberlin’s earlier coverage in the Indianapolis papers didn’t enhance he reputation either.

Team Kimberlin Post of the Day


During the run up to the Kimberlin v. Walker, et al, nuisance LOLsuit trial, Brett Kimberlin seem particularly bothered by the reporting that Aaron Walker and I were doing on that case and the larger Kimberlin v. The Universe, et al. RICO Madness LOLsuit in federal court. He sent a letter the judge in the federal case seeking permission to file a motion for a preliminary restraining order as a gag order against us. That simply resulted in more reporting on The Dread Deadbeat Pro-Se Kimberli’s shenanigans here at Hogewash! and at other blogs. Here’s the TKPOTD from six years ago today.

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The Dread Pro-Se Kimberlin haz sad. He says that Aaron Walker and I called him bad names. This is from his letter seeking to file a preliminary injunction in the Kimberlin v. The Universe, et al. RICO Madness.ECF 163 at 1

Terrorist? Here’s what the 6th Circuit Court of Appeals said.

Kimberlin was convicted as the so-called “Speedway Bomber,” who terrorized the city of Speedway, Indiana, by detonating a series of explosives in early September 1978. In the worst incident, Kimberlin placed one of his bombs in a gym bag, and left it in a parking lot outside Speedway High School. Carl Delong was leaving the high school football game with his wife when he attempted to pick up the bag and it exploded. The blast tore off his lower right leg and two fingers, and embedded bomb fragments in his wife’s leg.

Kimberlin v. White, 7 F.3d 527 (6th Cir. 1993)

Forger? Here are his own word from the document docketed as ECF No. 102 in the RICO Madness.ECF 102-3That’s an admission that he forged the summons he sent to Twitchy. Also, he made this admission to Judge Ryon in a Kimberlin v. Walker, et al. hearing on 9 April, 2014, concerning a Certified Mail green card for a piece of mail sent to Ali Akbar.BK v AW 2013 0409 at 22

Perjurer? It’s a matter of public record that TDPK is a convicted perjurer, and he has admitted as much in open court multiple times since May, 2014. Furthermore, he’s been caught lying recently. For example, consider these responses to my requests for admissions in the Kimberlin v. Walker, et al. nuisance lawsuit.BK v AW 2013 Admission 21Pedophile? I haven’t called Brett Kimberlin a pedophile. However, I have seen evidence that leads me to understand why someone might hold that opinion. I suppose that if he wants to push the issue, those who might have used that word will put that evidence before the court. Some of it has been sealed, but not all of it has. Also, court records can be unsealed.

RaisinetesIf popcorn or Jujubes aren’t your favorites, Hogewash! is also offering a deal on Raisinets through Amazon.

Stock up today, and stay tuned.

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As it says on this site’s masthead: Never pick a fight with a man who buys pixels by the terabyte.

Team Kimberlin Post of the Day


And In further Legal News … was posted five years ago today. I believe the motion it contains led to the ruling that essentially gutted any chance that Brett Kimberlin should ever be able to file another viable defamation LOLsuit.

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Here is the motion to dismiss the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit filed on behalf of Michelle Malkin and Twitchy.

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One of the defenses that I had raised against the defamation claim in The Dread Deadbeat Pro-Se Kimberlin’s RICO Madness LOLsuit in federal court was this: Because his reputation was so poor as a result of his acts as a perjurer, drug dealer, serial bomber, etc., Kimberlin was defamation proof. That is, his reputation was already so bad that no truthful thing said about him could further damage his standing in the eyes of the public. When the judge in the federal case dismissed the federal claims in the RICO Madness case, he declined jurisdiction over the state claims (including defamation) and did not rule on them. Thus, there had been no ruling on the merits of my motion to dismiss because it was moot in the federal case.

When TDPK refiled the state claims in state court, the lawyers representing Michelle Malkin and Twitchy added my argument about Kimberlin being defamation proof to the defenses they raised. See paragraph 3 in their motion to dismiss and footnote 2 in their memorandum in support of the motion.

When the Malkin/Twitchy motion was heard by Judge Mason in state court, he granted it, adopting all of its reasoning. In doing so, he found that Kimberlin was defamation proof. When Aaron Walker filed his motion to dismiss, he pointed out the implication of the ruling on the Malkin/Twitch motion, and asked for dismissal for failure to state a claim because Kimberlin was defamation proof. Judge Mason granted the Walker motion, and in his order he more or less said that, yes, he meant to find Kimberlin defamation proof in the first instance and that he was doing it again.

IANAL, and I don’t know that this creates an air-tight defense against any defamation claim from Brett Kimberlin. He still might be able to be defamed by a lie. But it’s been over three years since he filed the RICO 3 LOLsuit, and we haven seen another since it was dismissed. Perhaps he’s come to understand the uphill battle he would have with another defamation case.

Team Kimberlin Post of the Day


OPSEC or operational security has never been one of Team Kimberlin’s strong suits. This Legal LULZ Du Jour from three years ago today will show the sharp-eyed Gentle Reader how information in one of The Dread Deadbeat Pro-Se Kimberlin’s court filings provided a lead to other interesting information.

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Judge Mason ordered that no further motions for sanctions should be filed in the Walker v. Kimberlin, et al. lawsuit until after the case is concluded.398855V DI 112So the Kimberlins have filed another motion for sanctions.

Paragraph 1 asserts that the “Defendants” served discovery on Aaron Walker. That isn’t true. Only Brett Kimberlin attempted to serve discovery. Tetyana Kimberlin did not sign either the request for production of documents or the deposition notice.SigBlock_1SigBlock_2In any event, nothing was properly served. Paragraph 1 also contains an admission that TDPK’s attempt to serve discovery on Aaron Walker was via “Priority Mail with a tracking number” instead of Certified Mail, Return Receipt Requested as the judge had ordered. The motion spins further out of control from there.

#SMH

UPDATE—Here’s the address found on the letterhead of the videographer’s bill attached as an exhibit to the Kimberlin’s motion.CRVideo letterheadHere’s the letterhead used by VelvetRevolution.US to file a bar complaint.VRUS letterheadThe sharp-eyed Gentle Reader may notice some similarities.

UPDATE 2—I’ll just leave this right here.

Domain Name: BRETTKIMBERLIN.ORG
Domain ID: D168760206-LROR
WHOIS Server:
Referral URL: http://www.godaddy.com
Updated Date: 2013-07-22T03:46:02Z
Creation Date: 2013-05-23T01:24:08Z
Registry Expiry Date: 2018-05-23T01:24:08Z
Sponsoring Registrar: GoDaddy.com, LLC
Sponsoring Registrar IANA ID: 146
Domain Status: clientDeleteProhibited https://icann.org/epp#clientDeleteProhibited
Domain Status: clientRenewProhibited https://icann.org/epp#clientRenewProhibited
Domain Status: clientTransferProhibited https://icann.org/epp#clientTransferProhibited
Domain Status: clientUpdateProhibited https://icann.org/epp#clientUpdateProhibited
Registrant ID: CR143822451
Registrant Name: Brett Kimberlin
Registrant Organization: VelvetRevolution
Registrant Street: POB 9576
Registrant City: Washington
Registrant State/Province: District of Columbia
Registrant Postal Code: 20016
Registrant Country: US
Registrant Phone: +1.3013205921
Registrant Phone Ext:
Registrant Fax:
Registrant Fax Ext:
Registrant Email: jtmpinfo@comcast.net
Admin ID: CR143822453
Admin Name: Brett Kimberlin
Admin Organization: VelvetRevolution
Admin Street: POB 9576
Admin City: Washington
Admin State/Province: District of Columbia
Admin Postal Code: 20016
Admin Country: US
Admin Phone: +1.3013205921
Admin Phone Ext:
Admin Fax:
Admin Fax Ext:
Admin Email: jtmpinfo@comcast.net
Tech ID: CR143822452
Tech Name: Brett Kimberlin
Tech Organization: VelvetRevolution
Tech Street: POB 9576
Tech City: Washington
Tech State/Province: District of Columbia
Tech Postal Code: 20016
Tech Country: US
Tech Phone: +1.3013205921
Tech Phone Ext:
Tech Fax:
Tech Fax Ext:
Tech Email: jtmpinfo@comcast.net
Name Server: NS71.DOMAINCONTROL.COM
Name Server: NS72.DOMAINCONTROL.COM
DNSSEC: unsigned

For more information on Whois status codes, please visit https://icann.org/epp

Hmmmm.

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Why, it almost looks as if a not-for-porfit was paying for an “employee’s” personal web site.

Team Kimberlin Post of the Day


I’ve never been worried that Brett Kimberlin might actually win any of the LOLsuits he filed against me. He’s never filed a complaint against me that properly pleaded all the elements of any civil cause of action. In fact, the quality of the complaints he filed seemed to deteriorate over time. Only his first LOLsuit ever made it to trial, and five of the seven claims were thrown out on summary judgment.

During that summary judgment hearing, the judge took Kimberlin to task for failing to provide us with any actual statements we had published that defamed him. I posted this excerpt from the hearing transcript in the TKPOTD six years ago today.

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The Dread Pro-Se Kimberlin had a terrible, horrible, no good, very bad day in court on 1 July. This extract from pp. 49 and 50 of the transcript of that hearing transcript in the Kimberlin v. Walker, et al. nuisance suit captures the general flavor of that day—

THE COURT: Now — okay. So what you’re saying is judge, he hasn’t given me any of this. The motions are right because this is all we have.

MR. OSTRONIC: This is all anybody has.

THE COURT: We have a bare bone pleading —

MR. OSTRONIC: This is all you’re going to see, this is all I have, this is all he’s provided.

THE COURT: Barebones pleading and the pleadings are insufficient.

MR. OSTRONIC: Yes, your honor.

THE COURT: On the remaining counts.

MR. OSTRONIC: Yes, your honor.

MR. KIMBERLIN: And —

THE COURT: And the plaintiff is saying I haven’t given you those documents because there’s too many. That’s what I’m kind of hearing.

MR. OSTRONIC: Your honor —

THE COURT: Right, Mr. Kimberlin?

MR. KIMBERLIN: Well I filed for a protective order. And I said, number one —

THE COURT: Your brought the action, sir.

MR. KIMBERLIN: I know. I’m saying protective order for — against discovery.

THE COURT: What are you trying to protect?

MR. KIMBERLIN: Against —

THE COURT: You’re saying that this is the most outrageous thing in the world, all of these tweets daily, threaten you, saying that you’re a rapist, you’re a pedophile, you’re a perjurer, you’re this —

MR. KIMBERLIN: Yes.

THE COURT: — you’re worse than Al Capone.

MR. KIMBERLIN: Yes.

THE COURT: And yet you offer no proof of all of this defamatory documents to the defendant.

MR. KIMBERLIN: Your honor —

THE COURT: And you want him to go to trial and just have you stand up and tell the jury that you’ve gotten all those things out there, and you think that’s going to be sufficient?

popcorn4bkIt’s entirely possible that much worse days are ahead for TDPK. He has no credible evidence to support any of his claims. Meanwhile, the evidence on the other side of each of his three lawsuits is snowballing.

Stay tuned.

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Not only did Kimberlin fail to provide us any discovery showing any examples of false statement we had made about him, he was unable to provide any such evidence to the court during the trail. After he rested his case, the judge stopped the trial and granted us defendants a verdict in our favor, because Kimberlin had failed to present evidence to the jury of any false statements we had made.

Butthurt isn’t a tort.

Team Kimberlin Post of the Day


As the TKPOTD from three years ago reminds us, some people have less credibility than others.

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The unsworn statements of a convicted perjurer don’t seem to count for much with some judges. These are from yesterday’s Memorandum Order that ended The Dread Pro-Se Kimberlin’s RICO Retread LOLsuit with summary judgment in Patrick Frey’s favor.

Kimberlin states that he was interviewed twice by FBI agents with respect to the swattings, once on or about July 1, 2012 and again in 2016. The FBI agents told him that Frey accused him of involvement in the crime. Kimberlin also states that his wife was interviewed by agents on or about August 20, 2013. These statements are included in Plaintiff’s Motion for Summary Judgment but Plaintiff does not submit a sworn affidavit regarding these claims and provides no additional evidence to support these statements.

Memorandum Order at 10, citations omitted.

Because the Court holds that Kimberlin has failed to establish his prima facie case …

Memorandum Order, n. 20.

TDPK managed to win his first shutuppery lawsuit against Seth Allen, but ever since he made the mistake of going after Aaron Walker, he’s lost the bulk of the civil action he’s filed: both 2012 peace orders against Aaron Walker; the peace order against John Norton; the Kimberlin v. Walker, et al. nuisance suit; the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness/Kimberln v. Frey RICO Remnant LOLsuit; the 2015 peace order against me; the Kimberlin v. Hunton & Williams LLP, et al. (I) RICO 2: Electric Boogaloo LOLsuit; the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit; and the Kimberlin v. Hunton & William LLP, et al. (II) RICO 2 Retread LOLsuit. He settled with Kimberlin Unmasked, but he wound up effectively losing to a cockroach. His RICO 3 LOLsuit was filed 9 months ago, and the court still hasn’t issued any summonses.

TDPK may want to reevaluate the usefulness of “lawsuits for the rest of their lives.”

* * * * *

TDPK had the RICO 3 case die on the vine as well.

Losing losers gotta lose.

Say, I just realized that Kimberlin was convicted of perjury (one), and pleaded guilt to the drug smuggling rap (two), and then was convicted on the bombing charges (three). Maryland has a three-strikes law. Noted.

Team Kimberlin Post of the Day


In the early days of Team Kimberlin’s attempts at online harassment, their tactics often involved Cybersquatting and Cyberstalking. This post from seven years ago described part of what they were up to.

* * * * *

Cybersquatting, according to the United States federal law known as the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d), includes using a domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. The sharp-eyed Gentle Reader will notice the ™ symbol next to the Hogewash! logo in the site banner. The Fine Print for this site provides this notice:

Hogewash! and hogewash.com are trademarks owned by W. J. J. Hoge.

The hogwash dot net website is an example of a cybersquatting. It isn’t a parody so much as an attempt to use the goodwill of the Hogewash! trademark to provide a benefit for someone not entitled to use the mark.

OK, so why haven’t I taken action against that site?

The principal reason is that the person creating the site is actually giving my lawyer information that is helpful to me in a legal matter. Another reason is that I believe the material on that site is so outlandish and offensive as to do more damage to the site’s operator than to me.

In any case, I reserve the right to file a complaint either via ICANN or the courts if I choose.

Let’s move on to cyberstalking. Cyberstalking is the use of the Internet or other electronic means to stalk or harass someone. Stalking is a crime in Maryland. Some people think that the Maryland law requires the act of following someone around and that a homebound invalid really couldn’t be a stalker.

They’re wrong.

In Hackley v. State, 866 A.2d 906 (2005), the Court of Appeals (Maryland’s highest court) ruled

… that the General Assembly did not intend the stalking statute’s requirement of a “malicious course of conduct that includes approaching or pursuing another person” to be limited to conduct that is done in the victim’s actual physical presence and with the victim’s concurrent awareness.

Md. Criminal Law § 3-802 defines stalking as

[A] malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:
(1) (i) of serious bodily injury;
(ii) of an assault in any degree;
(iii) of rape or sexual offense as defined by §§ 3-303 through 3-308 of this title or attempted rape or sexual offense in any degree;
(iv) of false imprisonment; or
(v) of death; or

—and this bit is often overlooked—

(2) that a third person likely will suffer any of the acts listed in item (1) of this subsection.

Yep. In Maryland, it is possible to stalk someone by stalking someone else, a provision intended to allow a parent or spouse to seek protection because someone is stalking a family member (for example.)

The Court interpreted “includes” to mean “this is an example that doesn’t rule out others.” It upheld Hackley’s conviction which was based on his delivering messages to where his victim might find them. The Legislature has since revised the statute without correcting the Court’s interpretation.

Given that precedent, it’s possible that a Maryland court could find a person who delivered threats of the sort listed in § 3-802 via the Internet to be guilty of stalking.

UPDATE—I see that Team Kimberlin has already been in touch with their legal advisor at Acme.TK20130723

They are entitled to their opinion, but I’ll stick with the fact that the U. S. Patent & Trademark Office says that federal registration of a trademark is not required. As the Harvard Law webpage cited in the attempted comment notes:

Assuming that a trademark qualifies for protection, rights to a trademark can be acquired in one of two ways: (1) by being the first to use the mark in commerce; or (2) by being the first to register the mark with the U.S. Patent and Trademark Office (“PTO”).

[My emphasis.] While registration does offer some legal advantages by providing a presumption that the mark is valid, prior use in the marketplace will usually defeat a registration. The Hogewash! trademark has been in continuous use by this website since 24 July, 2011.

UPDATE 2—At 11:57 am ET (15:57 GMT on the time stamp), Bill Schmalfeldt sent the following tweet:RadioWMS201307231601Z

I just reread my post, and I can’t find where I say I am suing anyone. In fact, I explain why I’m not suing anyone. Other than by accident or mistake, does Bill Schmalfeldt ever tell the truth?

* * * * *

My podcasting partner Stacy McCain has referred to Bill Schmalfeldt as a deranged cyberstalker. Ken White (aka Popehat) has called Schmalfeldt a demented freak. Rather that choose, I believe this is a case where I can embrace the power of AND.

Also, not only were Team Kimberlin inept at these and other forms of cyberbullying, they failed when they tried construct cases to frame Aaron Walker or me with cyberstalking charges.

Team Kimberlin Post of the Day


This TKPOTD from four years ago today almost got published as an I’m Not Making This Up, You Know. The gist of The Dread Deadbeat Pro-Se Kimberlin’s problem with the opposing lawyers is that they keep providing the court with facts that support their clients’ interest rather than his.

* * * * *

The Dread Pro-Se Kimberlin continues to whine that the appellees in the RICO 2: Electric Boogaloo LOLsuit Appeal won’t run their defenses the way he wants them to.

IANAL, so I’m not sure how to describe this filing, but in engineering we’d refer to it as bullshit.

* * * * *

Pro Tip: Don’t expect the people on the other side of a lawsuit from you to look out for your interests.

Team Kimberlin Post of the Day


This episode of Yours Truly, Johnny Atsign is from six years ago today.

* * * * *

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

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

RULE 5 GIRL: (Telephone Filter) Hi, Johnny!

JOHNNY: Hello!

RULE 5 GIRL: (Telephone Filter) Johnny, have you checked PACER this evening?

JOHNNY: Not yet. What will I find?

RULE 5 GIRL: (Telephone Filter) The Bomber has filed another pleading in his copyright lawsuit.

JOHNNY: I’m not surprised. He’s just about to run out of time to serve Bomber Unmasked or have the suit kicked out.

RULE 5 GIRL: He’s asking the judge to find Bomber Unmasked in default.

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


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

* * * * *

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

SOUND: Cell phone rings three times.

JOHNNY: Johnny Atsign.

EDWIN: (Telephone Filter) Mr. Atsign, my name’s Don Edwin. I need to have some investigative work done.

JOHNNY: That’s what I do for a living, but I’m on vacation at the moment. I’m fishing in Alaska and won’t be back at my office until next Monday.

EDWIN: (Telephone Filter) I’m calling from Alaska.

JOHNNY: Really? Well, it’s a big state. We could still be hundreds of miles apart, but I might be able to stop by on my way to the airport in Anchorage this weekend.

EDWIN: (Telephone Filter) That might work out. I’m not too far north of there. Have you ever heard of a guy on the Internet called The Grouch?

JOHNNY: Yes, I have. Are you free on Saturday afternoon?

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


The TKPOTD for five years ago today provided a review as of that date of Brett Kimberlin’s attempt to use lawfare to silence this blog (and others that were writing truthfully about him).

* * * * *

Brett Kimberlin has spent the past few years trying to engage in brass knuckles reputation management. He’s used the members of Team Kimberlin to try to spin his false narratives in a way that the public would buy. However, PR flacks like the Cabin Boy™ and websites like Bunny Boy Unread have been more effective in focusing attention on The Dread Pro-Se Kimberlin’s multiple failures at lawfare than promoting a positive image for TDPK.

murum_aries_attigit_mugThus, far I’ve been successful (with the help of friends, codefendants, and pro bono counsel) at beating back all of Kimberlin’s lawfare attacks against me. The false harassment charge he filed in 2013 was nolle prossed and expunged so quickly that I was never served. His Kimberlin v. Walker, et al. nuisance lawsuit never made it to a jury. The Kimberlin v. The Universe, et al. RICO Madness never made it past the motions to dismiss, and the Fourth Circuit Court of Appeals shut down TDPK’s appeal of that dismissal on the morning of the first day after the last informal briefs were due. The bogus peace order he filed against me was denied. The appeal of that denial was thrown out, and so was the follow on false criminal charge of online harassment of a minor. He still has two lawsuits and an appeal pending against me, and all seem to be headed down the tubes. Indeed, it now seems proper to refer to them as LOLsuits.

Which brings me to a new term I’ve coined to describe how to publicly deal with Team Kimberlin’s legal shenanigans—

LOLfare

popcorn4bkAs I wrote yesterday morning, lawfare needs to be taken seriously in the courts of law, but it needs to be aggressively ridiculed in the courts of public opinion.

I intend to keep talking and writing about the serious damage Team Kimberlin has inflicted on so many people, and I will treat that seriously. Murum aries attigit.

However, I intend to subject Team Kimberlin to derisive laughter at every opportunity. Asinīs dērīdeō sed eis non miserēbor.

* * * * *

I’m not done with him yet.

Team Kimberlin Post of the Day


One of the reasons that Brett Kimberlin has done so poorly with his pro se lawfare is that he’s screwed up the discovery process in all of cases he’s been involved in. The TKPOTD for four years ago today dealt with one of his failed motions seeking a protective order in one of his attempts to get out of providing evidence to an opposing party.

* * * * *

The Kimberlins have filed a motion for a protective order in the Walker v. Kimberlin, et al. lawsuit. They aren’t seeking protection of documents that are turned over as a part of discover. They want to be completely excused from having to provide any discovery.

Their basic argument boil down to: We are special snowflakes and should not have to produce evidence of the allegations we make. The court should trust us, and we should be allowed to blindside the plaintiff with surprise evidence if this case ever makes it to trial.

popcorn4bkOf course, that’s legal rubbish, but I’ll leave it to Aaron Walker to demolish their motion when he files an opposition.

Meanwhile, it looks as if Aaron has asked some probing questions in the discovery he served on the Kimberlins. It will be interesting to see what might come out in a motion for summary judgment—if one is needed. If the court enforces the Kimberlins’ default, …

* * * * *

While the Kimberlins didn’t wind up in default, their antics would up result in the court sanctioning Tetyana Kimberlin for failure to be deposed during discovery.

BTW, every single discovery item that Kimberlin asserted was irrelevant related to an allegations in the false criminal charges that Brett or Tetyana Kimberlin had filed against Aaron Walker.

Team Kimberlin Post of the Day


We’ve recently been looking at some of Bill Schmalfeldt’s failed attempts to use the Team Kimberlin formula of pro se LOLsuits to harass people who have written truthfully about him and his activities. This Legal LULZ Du Jour from four years ago today dealt with some of The Dreadful Pro-Se Schmalfeldt’s posturing before he filed his LOLsuit VII: Degenerations.

* * * * *

MU201607151616ZMU201607151618ZI sincerely doubt that the Cabin Boy™ will ever see Sarah Palmer in Chicago. He has failed to [redacted]. Furthermore, Wisconsin [redacted], whereas Illinois [redacted]. So it’s much more likely that The Dreadful Pro-Se Schmalfeldt should be making reservations for travel to North Carolina. Considering how far the relevant federal courthouse is from a decent airport, he might want to check with Greyhound.

* * * * *

The U. S. District Court in Chicago took one look at the complaint Schmalfeldt file in LOLsuit VIII and assigned a lawyer to review it. After meeting with Schmalfeldt, the lawyer quickly dismissed the suit.

It turned out that the Cabin Boy™ did wind up meeting Sarah Palmer in a courtroom. In North Carolina. As the respondent in a hearing for a restraining order. That was granted.

Have I mentioned that things related to Bill Schmalfeldt almost always proceed as I foresee?

Team Kimberlin Post of the Day


Why has Brett Kimberlin attracted such a bunch of losers to Team Kimberlin? Why would he hire such an incompetent as Bill Schmalfeldt as editor of Breitbart Unmasked, and do so more than once? My best guess is that Team Kimberlin is a real world example of the principle that first-rate managers hire first-rate employees while second-rate managers hire third-rate employees. Or maybe it’s an extension of that principle to fourth-rate managers and fifth-rate employees. It was as editorial mistake by Schmalfeldt that forced BU to move to an offshore server rather than give up the identity of its owner in order to file a DMCA counternotice.

Of course, the Dreadful Pro-Se Schmalfeldt has had a perfect record so far in copyright disputes. He’s consistently batted 0.000. This Prevarication Du Jour from five years ago today points out what happened in the Hoge v. Schmalfeldt copyright was.

* * * * *

grouch356|201507141854ZThe Cabin Boy™ should be used to that kind of outcome. The settlement agreement for the Hoge v. Schmalfeldt copyright lawsuit granted him nothing of what he sought in his counterclaim, but I got the infringing material taken down—the most important item on my list.

* * * * *

Past performance is no guarantee of future results, but in the Cabin Boy’s™ case, it’s the safe way to bet. I suspect he’ll be no more successful in his current copyright struggle than he has been in attracting subscribers to his latest waste of bandwidth on Youtube. As of 8:30 pm ET yesterday, he still had only 9 subscribers.

 

Team Kimberlin Post of the Day


One of Brett Kimberlin’s most stupid LOsuits was the case he filed against Mitch McConnell and Chuck Grassley seeking to have a U. S. District Court rule that because they weren’t taking up the nomination of Merrick Garland to the Supreme Court, the Senate had waived advice and consent to the nomination—and that Garland should be seated on the court. When the District Court dismissed the case for lack of subject matter jurisdiction (caused by The Dread Deadbeat Pro-Se Kimberlin’s lack of standing to sue), Kimberlin appealed the dismissal to the Fourth Circuit Court of Appeals. Because of some outright lies in TDPK’s appeal brief, I filed a motion to intervene in the appeal in order to correct the record before the court. Four years ago, I published a post titled Meanwhile, at the Fourth Circuit … which contained TDPK’s opposition to my motion to intervene. It may have contained more lies per square inch than any other court paper he filed in a civil case up to that point.

* * * * *

… The Dread Pro-Se Kimberlin doesn’t think I should be allowed to intervene in his appeal of the dismissal of his Kimberlin v. McConnell, et al. LOLsuit.

Any comment from me on this matter will come through my lawyer.

* * * * *

The Fourth Circuit deferred ruling on my motion to intervene pending a review of the merits of the case. When the Court of Appeals upheld the District Court’s dismissal, my motion became moot.

Team Kimberlin Post of the Day


After losing LOLsuit VIII: Avoiding Contact, Bill Schmalfeldt managed to stay out of court for around a couple of years, but has still had delusions of adequacy in 2016. This Legal LULZ Du Jour is from four years ago today.

* * * * *

Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.

—Sun Tzu

MU201607092257ZJust so. The Cabin Boy™ rages on.

He schemes and plots but without any understanding of the law or the Rules of Civil Procedure or the Rules of Evidence. Indeed, if he understood the Rules of Evidence, he would know that spousal privilege would prevent calling someone’s wife to testify about communications with her husband and with what she had seen him do or not do.

He who knows when he can fight and when he cannot will be victorious.

—Sun Tzu

* * * * * *

The Cabin Boy™ has made noises about a copyright LOLsuit against his most recent former employer over a DMCA takedown of material he had posted on his latest YouTube channel.

BTW, as of 10 pm ET last night, he still only had 9 subscribers.