How about another episode of Blogsmoke. This one is from three years ago today.
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SOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICHOCHET
MUSIC: UP AND UNDER—RECORDED—CUT 1
ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!
MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2
ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)
JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.
Back in October, 2016, Brett Kimberlin testified under oath that he and his associates were working with the Department of Justice on election cyber security. At the end of that month, he filed a third RICO LOLsuit against Breitbart Holdings and a long list of codefendants. On of those codefendants was Steve Bannon.
About a week after filing that LOLsuit, the election that Brett Kimberlin and his associates were trying to protect occurred. Three years ago, Hogewash! ran this Summary of Election Results that showcased the failure of The Dread Deadbeat Protector Kimberlin’s electoral efforts.
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In the top race—
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The Dread Deadbeat Pro-Se Kimberlin’s timing wasn’t any better than his election security work. Rather than suing someone associated with the losing side, he had sued a member of the incoming President’s staff.
It’s pretty obvious that Brett Kimberlin fancies himself as well over the the righthand side of the intelligence bell curve. For someone who thinks of himself as a smart guy, he sure makes a lot of dumb mistakes. The TKPOTD from five years ago dealt with one particularly stupid claim he made in a filing in the RICO Madness LOLsuit.
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Brett Kimberlin is a whiner. A couple of years ago, I reviewed one of his CDs and noted the naturally whiny quality of his voice. (Mrs. Hoge thinks he sounds like Eddie Haskell.) That whiny nature carries over into the writing of his various court papers. He sent a letter to Judge Hazel complaining that Aaron Walker and I had publicized his seeking permission to file a preliminary injunction against us. He also was upset that we had exposed more inconsistencies in his claims about service of process, the actual Certified Mail green cards, and postal record. Apparently, The Dread Pro-Se Kimberlin believes that he is entitled to have his vexatious Kimberlin v. The Universe, et al. RICO Madness conducted away from any public scrutiny.
Judge Hazel wasn’t buying it.
TDPK has a bit more than a month before his omnibus response to the eleven (so far) motions to dismiss is due. It will be interesting to see if he can keep his paperwork within the 50 page limit required by the judge’s order. I also look forward to seeing if The Dread Pro-Se Kimberlin’s filing is as legally off-key as The Dread Performer Kimberlin’s singing.
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The Dread Deadbeat Pro-Se Kimberlin brought his opposition to our motions to dismiss in at exactly 50 pages. It relied on lies and innuendos to spin a false narrative which didn’t support his case. As a result only one count survived against one defendant, and that was disposed of at the summary judgment phase.
It took a while, but everything proceeded as I had foreseen.
When I first wrote that Team Kimberlin was buying their legal advice from the same Acme that supplied those fine products to a certain coyote, I was joking. As the various legal entanglements have played out, it come to look as if that really is the source of the legal theories behind their LOLsuits. Here’s the TKPOTD from three years ago today,
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That deserves an updated answer. Here’s a partial listing—
Hoge v. Schmalfeldt (I), Case No. 06-C-13-063359 (Md. Cir.Ct. Carroll Co. 2013), cert. denied. Hoge v. Schmalfeldt (II), Case No. 06-C-14-067023 (Md. Cir.Ct. Carroll Co. 2014), cert. denied Kimberlin v. Walker, et al., Case No. 380966V (Md. Cir.Ct. Mont. Co. 2014), affirmed Md. CoSA, cert. denied. Schmalfeldt v. Johnson, et al., Case No. 15-CV-0315-RDB (D.Md. 2015). Kimberlin v. National Bloggers Club, et al. (I), Case No. 13-CV-03059-GJH (D.Md. 2015). Kimberlin v. Hoge, Case No. 9148D (Md. Cir.Ct. Mont. Co. 2015). Schmalfeldt v. Hoge, et al., Case No. 13-C-15-102498 (Md. Cir.Ct. Howard Co. 2015). Kimberlin v. Hunton & Williams, et al., Case No. 13-CV-0723-GJH (D.Md. 2016). Kimberlin v. National Bloggers Club, et al. (II), Case No. 403868V (Md. Cir.Ct. Mont. Co. 2016).
That should do.
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I should update that scorecard with the following—
Kimberlin v. Hunton & Williams, et al., Case No. 13-CV-0723-GJH (D.Md. 2016), affirmed Md. C0SA, cert. denied. Kimberlin v. Hunton & Williams, et al., Case No. 13-CV-0723-GJH (D.Md. 2016), affirmed 4th Cir. Kimberlin v. National Bloggers Club, et al. (II), Case No. 403868V (Md. Cir.Ct. Mont. Co. 2016), affirmed Md. CoSA, cert. denied. Schmalfeldt v. Grady, et al. (IV), Case No. 13-CV-01310-RBH-KDW (DSC 2017).
There’s something happening here
What it is ain’t exactly clear
I was checking out the Justice Through Music Project website, and I noticed that the DONATE buttons were gone. That struck me as odd. I went over to the Protect Our Elections website, and it’s donate page was still up and functional. It also still had the claim that the donation was being made to a 501(c)(3) entity and was tax deductible. Protect Our Elections/EMPR has never been recognized as a 501(c)(3) charity by the IRS. Until recently, it was recognized as a 505(c)(4) not-for-profit, but its status was revoked for failure to file the required paperwork for over three years. In any case, (c)(4) organizations don’t pay taxes, but donations to them are not tax exempt, so they claim that donations to POE/EMPR are deductible is simply wrong.
It becoming apparent that Kimberlin is pay the same attention to his not-for-profits as he used to. It’s almost as if something else is distracting him.
BTW, when The Dread Deadbeat Pro-Se Kimberlin sued me and my codefendants in the Kimberlin v. National Bloggers Club, et all. (I) RICO Madness LOLsuit, he accused us of operating a false 505(c)(3) as a scam.
Alinsky’s Rule 5 states that ridicule is man’s most potent weapon. It has certainly been effective in countering some of the bizarre fabrications that Brett Kimberlin has included in the LOLsuits he’s filed to try to silence truthful reporting by his critics. The TKPOTD from five years ago today took a look at one use of pointage, laughery, and mockification in one response to a filing by The Dread Deadbeat Pro-Se Kimberlin in the RICO Madness LOLsuit.
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The Dread Pro-Se Kimberlin writes some of the most amazing nonsense in his various court filings. Earlier this year, he filed something he called “Plaintiff’s Response to Defendant Hoge’s Two Latest Filings” in the Kimberlin v. The Universe, et al. RICO Madness. It’s something of a favorite of mine because of its utterly unhinged nature. Here’s a sample:My reply to that one paragraph ran for about two-and-a-half pages. Here are the beginning and end paragraphs of that reply:TDPK’s omnibus opposition to the eleven motions to dismiss is due five weeks from today. I’m looking forward to seeing what wacko claims and theories he will offer in that filing, but, more important, I’m looking forward to the case getting of top dead center and beginning to move again.
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And of course, Kimberlin’s case against me was dismissed in part for failure to state a claim upon which relief could be granted and in part for improper venue when the federal court refused to consider his state law claims.