Team Kimberlin Post of the Day

Brett Kimberlin routinely filled his court filings with extraneous material, possibly because doing so allowed them to say things he imagined made his enemies look bad in a privileged environment. The TKPOTD for seven years ago today was about one such silly claim he made.

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One of the reasons that The Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness ran way over the 50-page limit established by the Court’s Local Rule is that he include a lot of extraneous material that doesn’t support his case. Consider this:ECF 135-33TDPK never explains how anything Team Themis might have done is in anyway connected with any defendant in the RICO Madness. If he could prove that any tortuous conduct occurred, he should sue Team Themis, the U. S. Chamber of Commerce, and the FBI. Not us.

However, since he brings up the subject, take a look at the list of “targets.” Brett Kimberlin and Brad Friedman are the co-founders of Velvet Revolution US, and Friedman is one of its directors. Justice Through Music and Velvet Revolution are the two not-for-profits that provide Kimberlin his day-to-day employment. Stop the Chamber is a fund raising activity operating under the wing of Velvet Revolution.

Hmmmm

Meanwhile, the timer is ticking down on TDPK’s omnibus opposition to the motions to dismiss the RICO Madness. It’s due two weeks from tomorrow.

The contest to spot TDPK’s truly magnificent error in his motion for a new trial in the Kimberlin v. Walker, et al. case is still running. There have been some great entries, but no one has found what Aaron Walker noticed. Yet.

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res_judicata_mugsAs I type this post, I’m drinking Irish coffee out a the mug that no one won in that contest.

None of the Gentle Readers picked up on the fatal flaw in Kimberlin’s case.

It’s really quite simple. In order for a statement to be defamatory, it must be false. Although Kimberlin kept saying that it was defamatory to call him a pedophile, he never once said that he was not a pedophile.

Was he afraid of perjury trap?

Team Kimberlin Post of the Day

The TKPOTD for eight years ago today dealt with a recurring theme in the false narrative Brett Kimberlin is still trying to spin in support of his present case in the Seventh Circuit Court of Appeals trying to overturn some of his Speedway Bombing convictions.

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Mark Singer spent four years researching Brett Kimberlin while writing Citizen K. One of his conclusions was that Kimberlin exploited the tiniest perceived crack in the details of a story in order to spin things his way. On page 323, Singer reviews Kimberlin’s defense during his third bombing trial.

[I]t was those flaws that empowered Brett Kimberlin to obscure the truth. He did his cleverest  work in the interstices, and I spent months wandering through his disclaimers and prevarications before deciding, finally, that this was a case of homework, along with truth, being eaten by the dog, pissed on by the cat, and buried in the backyard. In Kimberlin’s case, the scenario was: I didn’t do the bombings; my brother Scott did, or else his friend Scott, or maybe my brother’s friend Joe. Besides, it wasn’t really bombings that put me in prison, but a right-wing political conspiracy. The government is corrupt, and I’ve always been a prisoner of war. If the eyewitness, Lynn Coleman, lied, then everybody else is a perjurer. If hypnosis witnesses were impeachable, the entire case is a dishonest confection.

When Kimberlin delivered a similarly sanctimonious oration at his sentencing hearing, he apparently believed in his innocence. At the end of the day, I decidedly did not.

Mark Singer isn’t the only person who sees Brett Kimberlin as someone estranged from the truth. TDPK is suing four codefendants and me in a Maryland state court for a million bucks because we have written truthful things about him. He’s also suing 20+ codefendants and me in federal court alleging that we formed a racketeering enterprise to defame him. You can help us fight back against this attack on our First Amendment rights. Go to BomberSues Bloggers [expired link. Thank you to everyone who support my codefendants and me!] to find out how.

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Watch is space for coverage of Kimberlin’s appeal.

Team Kimberlin Post of the Day

Brett Kimberlin wound up including me as a defendant in four of his bogus defamation LOLsuits. Only one, the first, Kimberlin v. Walker, et al., got some of its claims as far as a trial, and that trial was stopped with a directed verdict in the defendants’ favor before we had to put on a defense. You see, The Dread Deadbeat Pro-Se Kimberlin failed to offer evidence that we had defamed him. With no evidence he had no case.

Four years ago today, I posted some news In Re Kimberlin v. Walker, et al., about Kimberlin filing a motion for a new trial.

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The Dread Pro-Se Kimberlin wants a second bite at the apple. He’s filed a motion for a new trial in the Kimberlin v. Walker, et al. nuisance lawsuit. The Gentle Reader may remember that the judge stopped the trial and directed a verdict in favor of us defendants after TDPK rested his case.

Our lawyer will file our reply to this motion. For now, all I have to say is that I consider it to be frivolous.

* * * * *

The motion wasn’t granted, and Kimberlin’s appeal failed when the Court of Special Appeals upheld the Circuit Court’s verdict.

The elements of the tort of defamation are:

1. That a false statement was made to
2. One or more third parties;
3. That the statement was made negligently; and
4. That the defamed person suffered damage.

We defendants admitted to some (but not all) of the things Kimberlin claimed we said or wrote about him and that the statements were made to third parties. He never offered any evidence that anything we said or wrote was false. With no evidence of falsity there was no possibility of a viable defamation claim. The judge ended the trial without ever reaching the question of negligence (even if it’s negligent, a true statement can’t be defamatory) or damages.

Kimberlin should have taken his loss and been done with his LOLsuits. He didn’t, and it cost him. The lawfare eventually did get around to the question of damages in a later case, and the fact his reputation as Speedway Bomber was so bad that he couldn’t be defamed was one ground for dismissal of that suit for failure to state a claim upon which relief could be granted. So now a court has found Kimberlin defamation proof.

Team Kimberlin Post of the Day

Copyright law has not been kind to Team Kimberlin, especially Bill Schmalfeldt. The TKPOTD for four years ago today dealt with one of the many times his lack of understanding hurt him.

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Gentle Reader, that reminds me of this post On Copyrights from 24 November, 2015—

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I was rereading Confessions of an Undercover Internet Troll, and noticed something interesting about how the blog described in the book got started. The character known as Hoggy hired the author to write the blog, offering to pay him with a cut of money raised via Hoggy’s tip jar. If that’s true, then all of the TMZ blog posts contained in the book should be work-for-hire and, therefore, should belong to Hoggy.

Hmmmmm.

UPDATE—After my conversation with CreateSpace this morning, this is what searching for the Cabin Boy’s™ book turned up on Amazon at 12:15 ET this afternoon.Amazon_Confessions_20151124

Hmmmmm.

* * * * *

A man’s got to know his limitations.

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Self-awareness isn’t one of their strong points, is it?

Team Kimberlin Post of the Day

The post about Why I Blog first ran four years ago today.

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Because I want to.

More specifically, I took up blogging as a hobby when I was in my mid 60s and approaching retirement. I thought it would be an interesting way to use some of the time that would not be taken up by a day job. I decided to write about stuff that interested me, and if some folks wanted to read it, then the blog would pick up followers. I didn’t expect to monetize the blog.

One of the things that interests me is First Amendment issues, and writing about one incident wound up changing the nature of Hogewash!. That incident was the patently unconstitutional gag order that Brett Kimberlin received against Aaron Walker. It was a local story, so I covered it. And I kept covering The Dread Deadbeat (Pirate) (Performer) (Pedo) Pro-Se Kimberlin as he waged lawfare against various bloggers and mainline media people and organizations who wrote about him. That, in turn, made me a target of Kimberlin and his fanboys, especially Bill Schmalfeldt, and their targeting of me made me part of the story I was covering.

Things haven’t worked out as I expected when I stated Hogewash! in 2011. For the past five years, the bulk of the blog has dealt with Team Kimberlin. That coverage has caused multiple lawsuits, false criminal charges, and a bogus peace order petition to be filed against me, and I’ve monetized the blog to help defray the legal expenses incurred. (BTW, thank you to those who have supported that effort.) While that lawfare is mostly over and settled in my favor, there’s still some to go. Eventually, TDPK and his band of cyberthug wannabes will have lost their final bit of lawfare and will have poisoned their own online reputations via a version of the Streisand Effect on steroids that should be renamed for Brett Kimberlin. Then, I’ll be able to get back to spending more time on other things that interest me.

Oh, two more things …First, it looks as if enough Reality has sunk into the vacuum between the Cabin Boy’s™ ears that he is starting to understand that is more likely that LOLsuit VIII will be dismissed than survive.

Second, the only online use anyone has for Bill Schmalfelt now is as an object of pointage, laughery, and mockification. I will continue to write about him to the extent I find it useful as coverage of Team Kimberlin winds down, but there are now blogs that specialize in keeping track of him, and they are welcome to him.

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Yes, I’m still doing these TKPOTDs. While Kimberlin’s presence on the Internet has deteriorated to a handful of irrelevant wastes of bandwidth, he’s still engaging in lawfare in the form o his specious appeals of some of his Speedway Bombing convictions. And not every loose end of the previous decade has been tied up yet.

I’m not done with ’em yet.

Team Kimberlin Post of the Day

Many of my favorite Team Kimberlin posts have been titled Qapla’. This one is from five years ago today.

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More good news—another defendant is dismissed from the RICO 2 Retread LOLsuit.

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If winning is not important, why keep score?

—Klingon Proverb

Team Kimberlin Post of the Day

Brett Kimberlin is truly an incompetent litigator. Here’s a selection from the Kimberlin v. Walker, et al. trial transcript where he asks Aaron Walker a question which undermines one of the bases for Kimberlin’s defamation claim against Aaron.Yep, he really asked that question.

Binger vis-a-vis Kimberlin

I’ve been holding off on commenting on the Rittenhouse trial, but I want to report a remark made by a lawyer friend of mine, Aaron Walker. Aaron said, “I owe Brett Kimberlin an apology. I said that he was the most incompetent litigator I had ever seen and that no lawyer could ever handle the examination of a witness as poorly as Kimberlin did in our trial. I retract that statement.”

Team Kimberlin Post of the Day

Team Kimberlin’s basic plan of pro se lawfare conducted on the cheap conducted on the cheap was originally the brainchild of First Mate Neal Rauhauser, and Rauhauser’s attempt and securing a million dollar judgment may just be the most spectacular failure of his scheme. Three years ago today, I was able to report Everything Is Proceeding As I Have Foreseen.

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Don’t mess with Texas.

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I seems a just outcome when a deadbeat dad’s brainchild turns on him.

Team Kimberlin Post of the Day

Brett Kimberlin has asked the Seventh Circuit Court of Appeals to provide him with freebie lawyers to file an amicus brief and handle oral argument on his behalf in his current appeal seeking to overturn some of his Speedway Bombing convictions. That may be a sign that he’s come to understand how incompetent his pro se lawyering has been over the past decade. The TKPOTD for seven years ago today dealt with one of his blunders in the RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin seems to be grasping at straws in order find some evidence to support his bogus and vexatious Kimberlin v. The Universe, et al. RICO Madness. He’s not even finding enough straw to make a tiny straw man to argue with. This is from his latest letter to the court.ECF 222-p2Pretend for the sake of discussion that some or all of the crackpot ideas advanced in that paragraph be true.

So what?

None of it is alleged in the second amended complaint. The court has already ruled that there will be no further amendments, so TDPK has to run what he brung. Kimberlin filed a lawsuit naming a blog called “Ace of Spades” as a defendant. He didn’t sue the blogger known as “Ace.” He didn’t sue the blog known as Ace of Spades HQ either.

PreparationH96ctThe self-inflicted butthurt is strong with this one. But relief is possible.

Stay tuned.

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There are still a few squares left on the pool calendar in the break area for the date the current appeal is denied.

Team Kimberlin Post of the Day

It was eight years ago today that I posted about Team Kimberlin’s crackpot legal theories being advanced to support Bill Schmalfeldt’s attempt to get the first of a dozen restraining orders overturned. The running gag here at Hogewash! has been that Team Kimberlin get their legal advice from the same company that sells all those fine products to a certain coyote. No matter how hard Acme Law Fights Back, Reality keeps crushing Team Kimberlin in court.

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Apparently, Acme Legal is trying to find a way to combat the dreaded res judicata.Acme-Disintegrating-Pistol

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No wonder Brett Kimberlin keeps asking for a court to appoint a real lawyer to handle his Speedway Bombing appeals.

Team Kimberlin Post of the Day

From time to time, Brett Kimberlin would offer rewards of $100,000 or more for information about election fraud or other things his not-for-profits were “investigating.” Bill Schmalfeldt also offered fake rewards, but they were never so grandiose. Six years ago today, I claimed one the Cabin Boy’s™ reward, but he reneged on the offer.

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wms201511060015Zwms201511060017ZI hereby claim half the reward. The other half should go to Brett Kimberlin for outing me in his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit complaint.ECF 1-58

I should get my share for verifying my address and phone number. They are are 20 Ridge Road, Westminster, Maryland  21157, and (410) 596-2854. Since I don’t have a SEEKRIT SITE, I cannot provide a non-existent password.

Failure to pay the reward forthwith will be considered proof by the Cabin Boy™ that The Dread Pro-Se Kimberlin is lying in his complaint.

UPDATE—rsmccain201500060103Z

UPDATE 2—The Cabin Boy™ has verified in a comment below that he won’t honor his reward offer. Furthermore, under the conditions outlined above, he appears to confirm that Brett Kimberlin lied in his RICO 2 complaint.

UPDATE 3—Perhaps the Gentle Reader is wondering why the Cabin Boy™ offered the reward. One might guess that he feels flush with insurance cash, but I don’t think that’s the reason. I think he’s taken a page out of the Team Kimberlin playbook of offering a reward with no intention of paying. I’ll bet he believes that the “reward” gives him a basis for saying that some anonymous person ratted out [insert harassment target’s name here] as Krendler and that it provides cover for his next faildox.

* * * * *

In fact, Kimberlin was lying. I am not now and I have never been Paul Krendler.

Team Kimberlin Post of the Day

Brett Kimberlin wanted to be famous, but his crimes made him infamous. The TKPOTD for seven years ago looked at one his complaints against this blog in the first RICO LOLsuit he filed against me.

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The Dread Pro-Se Kimberlin doesn’t like the publicity he has been receiving here at Hogewash! in connection with his ongoing lawfare and shutuppery. This is from one of his filings in the Kimberlin v. The Universe, et al. RICO Madness.ECF 49-1Brett Kimberlin had the opportunity to prove that this blog had defamed him by publishing false information. He was unsuccessful, so that matter is settled. Hogewash! has not defamed him. Rather, this blog has published truthful information about him. Of course, it is possible that TDPK finds the truth intimidating, but that’s not my problem.

I kinda like the “threats of doom” hyperbole. However, Hogewash! has never threatened Brett Kimberlin with doom. I have from time to time offered my opinion that I didn’t expect Kimberlin to be successful in his lawfare, and my batting average isn’t too shabby. The unconstitutional gag order against Aaron Walker was thrown out. The peace order underlying that gag order was overturned on appeal. TDPK’s appeal of another quashed peace order against Aaron was denied. He wound up having drop his peace order against John Norton in order to avoid a perjury trap. The harassment charges he filed against Aaron and me were nolle prosed by the Montgomery County States Attorney before we could even be served. And the Kimberlin v. Walker, et al. nuisance suit was a spectacular failure.

I haven’t done anything to chill Brett Kimberlin’s right to redress through the courts. Yet. However, I believe that he is a vexatious litigant, and I am seeking to have him adjudicated as one. Even then, he won’t lose his right of redress. He will simply have to have a magistrate judge screen his complaints prior to filing.

Brett Kimberlin is a whiny loser.

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Describing Kimberlin as whiny is accurate. As I noted in a review of his CD Nothing Else

Let me first comment on Mr. Kimberlin’s voice. I had heard his speaking voice in court, and I understand why some people refer to it as whinny. His singing voice reminds me of the silly voice that Weird Al uses on tracks such as Eat It. Mrs. Hoge, who listened through the CD with me, said, “Eddie Haskell.”

Team Kimberlin Post of the Day

There’s been some movement in Brett Kimberlin’s two appeals attacking some of his Speedway Bombing convictions. Kimberlin had filed motions in the first case asking of the Seventh Circuit Court of Appeals to appoint a freebie lawyer to handle oral argument in the case, to appoint another freebie lawyer to file an amicus brief supporting Kimberlin, and to combine that appeal with a second one he has filed. The court denied all three motions.

The court has also set a briefing schedule for the second appeal.

The Gentle Reader may have seen the Scheduling Notice at the bottom of the Briefing Order. It says that arguments for criminal appeals are usually put on the courts schedule “shortly after the filling of the appellant’s main brief.” Kimberlin filed his main brief in July, and the case hasn’t been scheduled for oral argument yet. That could mean that the court is busy and hasn’t found a slot for the case yet. It could also mean the the judges believe the case can be decided on the arguments presented in the briefs—which could explain the denial of Kimberlin’s request for a lawyer to handle oral argument. Similarly, the judges may see that law is sufficiently well defined by the briefs and case law that an amicus brief wouldn’t be helpful. Finally, the court may see the issues raised in the two appeals as sufficiently different to require them to be considered separately.

The ball’s in the court’s court.

Stay tuned.

UPDATE—It would seem that these appeals must have sufficiently distracted Kimberlin that he dropped the election protection ball in Virginia.

Team Kimberlin Post of the Day

Brett Kimberlin sued over forty individuals and organization (including me) over the past decade for defamation. He managed to win nominal damages (a hundred bucks out of over two million sought) the first case on a default judgment (apparently by playing games with service of court papers), but he lost every other defamation action he filed. Kimberlin tried to claim that telling the truth about him was defamatory while he and his PR minions were spinning contradictory false narratives to try to burnish his image. The TKPOTD for seven years ago today dealt with the fictional claim that he had been exonerated of the Speedway Bomber charges.

* * * * *

One of the false narratives about Brett Kimberlin that has circulated around the Internet is a fantasy about his being “exonerated” of his bombing and dope smuggling convictions and about his having received a substantial settlement. Here’s an example from Democratic Underground.

The truth is that Kimberlin had his parole revoked for two years in 1997 and wound up staying in prison until 2001. He managed to keep the Parole Commission in the dark concerning any parole violations, so in 2006 he was released from supervision. That’s not exactly an exoneration.

Notice that I said he kept the Parole Commission in the dark about parole violations. One of the usual conditions of parole is to refrain from association with other felons. Here’s the true narrative: While he was still under supervision, Brett Kimberlin hired Craig Gillette, who has a child pornography conviction, to work at Justice Through Music Project. According to Mrs. Kimberlin, Gillette lived with the Kimberlins and their children in their one-room apartment in the basement of Kimberlin’s mother’s house for an extended period.

#Loser

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Exit Question—If he’s already been exonerated, why is he suing to have some of the convictions overturned?

BTW, I’m keeping an eye on the appeal he has before the Seventh Circuit and will report on any movement in that case. Stay tuned.

Team Kimberlin Post of the Day

The TKPOTD for six years ago today references some of the best legal writing I’ve ever enjoyed reading.

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As I mentioned in yesterday’s summary, there isn’t much left of The Dread Pro-Se Kimberlin’s RICO Madness LOLsuit that survives as the Kimberlin v. Frey RICO Remnant case. The one count remaining deals with his claim that Patrick Frey used his job as a prosecutor in the LA County District Attorney’s Office to deprive TDPK of his civil rights.

Patterico has answered TDPK’s complaint. For the most part he denied the allegations, generally with boilerplate denials, but there were a couple of paragraphs … well, see for yourself. Here are those paragraphs from the complaint, each followed by Frey’s answer.

ECF 135-147ECF 276-147ECF 135-152ECF 276-152

Zing!

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Heh.

Team Kimberlin Post of the Day

Four years ago, The Dread Deadbeat Pro-Se-Kimberlin had filed his initial brief in his appeal of his loss by summary judgment in the RICO Remnant LOLsuit.  The TKPOTD for four years ago today was a first fishing of that brief.

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So The Dread Deadbeat Pro-Se Kimberlin has filed the redacted version of his informal opening brief. I’ve read through it a couple of times, and it seems more or less consistent with TDPK’s usual level of shoddiness. Over the next few days, I plan to use the TKPOTDs to fisk portions of his brief.

TDPK states his first issue for review as follows—

Whether the lower court erred in granting summary judgment for Appellee Frey when the issue of causation was highly contested and therefore should have been an issue for the jury to decide as this Court made clear in Love-Lane v. Martin, 355 F.3d 766 (4th Cir. 2004).

Of course, the issue of causation was contested between the parties. Let’s even grant that it was “highly contested.” So what? Summary judgment is appropriate when there are no disputed facts and one party is entitled to win as a matter of law. Judge Hazel examined the evidence provided in discovery by Patrick Frey and offered by Kimberlin in his summary judgment motion and in his opposition to Patterico’s summary judgment motion. From those undisputed facts offered by Kimberlin, the judge found that TPDK had failed to make his case, and he granted summary judgment for Patrick Frey as a matter of law. Let me put that another way: the court found that even if what Kimberlin alleged was true, the law said that he hadn’t established the element of causation in his case against Frey. Thus, even if the jury had also agreed with Kimberlin’s alleged facts, he still could not have won his LOLsuit.

The Gentle Reader will note that TDPK’s citation of the Love-Lane case does not include a page number pointing to something in that decision which supports his assertion that his case should have gone to a jury. IANAL, but I’ve read through the Love-Lane decision, and I can’t find anything that would help him. Indeed, the Fourth Circuit’s rationale in denying Love-Lane’s racial discrimination claim because the plaintiff’s alleged facts were such that “no rational jury” could find for the plaintiff “based on the evidence in the record” supports Judge Hazel’s ruling. (355 F.3d at 788.) The case law Kimberlin cites actually seems to support Patrick Frey’s position.

Kimberlin once told Pattrico “I’ve filed over a hundred lawsuits,” but he has hasn’t won very many.

* * * * *

It didn’t take the Fourth Circuit Court of Appeals long to deny Kimberlin’s appeal and affirm the district court’s judgment. TDPK has another appeal going now in the Seventh Circuit. There are still some dates left on the pool calendar in the break area for when he loses that case.

Team Kimberlin Post of the Day

Four years ago today, I reported some RICO Remnant LOLsuit Appeal News about Brett Kimberlin’s appeal of the summary judgment granted to Patrick Frey in the last gasp of The Dread Deadbeat Pro-Se Kimberlin’s lawfare that start as the RICO Madness LOLsuit.

* * * * *

The Dread Deadbeat Pro-Se Kimberlin did get his paperwork to the Fourth Circuit Court of Appeals yesterday. It appeared on PACER docket for Kimberlin v. Frey this morning.

I note with some amusement (but with no surprise) that TDPK screwed up the case number in the captions of his filings.

* * * * *

Paragraphs 5 and 6 on p. 19 of Kimberlin’s brief show how Kimberlin tried to spin the case politically.Of course, paragraph 5 is pure nonsense. Patrick Frey’s was the victim of a SWATting, and is connection to that case was as a victim not a prosecutor.  As the blogger Patterico he is hardly a member of the imaginary “alt-right,” and even if he were, so what? Those of us who Kimberlin alleged had “smeared” him had simply been telling the truth, and not all of us are on the right politically.

Because of an odd twist in the case, I am also bound by the protective order sealing part of the record, but I can tell you this—Kimberlin’s claims about the contents of the sealed record are bullshit.

Team Kimberlin Post of the Day

Brett Kimberlin has complained that I have treated him callously. No, really. He said so in a court filing referenced in the TKPOTD from seven years ago today.

* * * * *

The Dread Pro-Se Kimberlin has been amazingly slipshod in his court filing. This is from his opposition to my motion to dismiss his first amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 29-55_36The sharp-eyed Gentle Reader will notice the TDPK appears to have suffered a moment of mathematical challenge when he numbered the paragraphs in his opposition. As for the callousness of my argument, I simply pointed out that Kimberlin didn’t bother to allege any of the actual elements of the tort of intentional infliction of emotional distress in his complaint.

He also failed to do so in the state Kimberlin v. Walker, et al. nuisance lawsuit. Here’s how our lawyer Patrick Ostronic explained the deficiency to Judge McGann during the 1 July hearing on motions for summary judgment in the state case.380966V_1JUL_p41And here’s how Judge McGann ruled.380966V_1JUL_p51That means that the judge found that, given the facts in evidence about which there was no dispute, we defendants were entitled to a summary judgment in our favor as a matter of law.

popcorn4bkSo was it callous of me to point out that essentially the same set of allegations in the RICO Madness as were found in the state case have the same problems? Perhaps, but no more so that TDPK’s filing a bogus and vexatious lawsuit.

Stay tuned.

* * * * *

I’ve never been callous enough to sue a stroke victim who couldn’t defend herself.

Team Kimberlin Post of the Day

Brett Kimberlin routinely lies. His first felony conviction was for perjury, and he has been caught making false statements in all the suits he filed against my codefendants and me. His current filings in his case before the Seventh Circuit Court of Appeals suggests he has not reformed. The TKPOTD from seven years ago today examined one of lies in a Kimberlin court paper.

* * * * *

The Dread Pro-Se Kimberlin make lots of assertions in his various filings in his Kimberlin v. The Universe, et al. RICO Madness that are equal parts falsehood and silliness. This is from his opposition to my motion to dismiss his first amended complaint.

ECF 29-14Point (1) of that claim is simply false. Here is how I replied—ECF 56-p10_11Of course, I expect to win the RICO Madness lawsuit. It should be dismissed for multiple reasons, including TDPK’s failure to state a claim for which relief can be granted. Even if it makes its way to trial as the state Kimberlin v. Walker, et al. nuisance lawsuit did, TDPK can’t present evidence for all the elements of any of the torts he’s alleged.

popcorn4bkThe Team Kimberlin Theory of Lawfare as propounded by First Mate Neal Rauhauser relies on low-cost pro se lawsuits against defendant’s with little legal experience who can be intimidated into settlements. TDPK’s practical application of the theory in the RICO Madness has been rather inept. He’s sued a couple of lawyers, several media entities with counsel either on retainer or staff, and several other defendants deeply committed to defending their First Amendment rights. The other defendants who might have been intimidated have been encouraged by the vigorous defenses that some of us have made.

It’s disappointing to have to wait until next year to see this vexatious lawsuit go away. OTOH, the longer it lasts, the greater the potential blowback on Brett Kimberlin. I’ll bet that he doesn’t have enough good sense to cut his losses by seeking to dismiss the case rather than filing his omnibus opposition.

We will see.

Stay tuned.

* * * * *

No, he didn’t have the good sense to cut his losses after the RICO Madness LOLsuit. He sued me in state court (RICO Retread) over the state law claims, kept me involved in discovery for the single count against the one remaining defendant in the first RICO case (RICO Remnant), and named me as a defendant in the second RICO 2: Electric Boogaloo LOLsuit. It took beating him in all of those for him to finally figure out suing me was a whole lot more trouble than it was worth.

Team Kimberlin Post of the Day

We hit the jackpot today with filings in Brett Kimberlin’s case in the Seventh Circuit Court of Appeals seeking to overturn some of his Speedway Bombing convictions. There are four of ’em.

The first is his reply brief to the the Department of Justice opposition brief.

The second is a motion asking the court to appoint a freebie lawyer to handle oral argument in the case.

The third is a motion asking for a freebie lawyer to file an amicus brief supporting Kimberlin’s arguments about testimony from witnesses who had been hypnotized.

The four is a motion seeking to combine the current appeal with another he is trying to file, and there are a couple of docket entries for the new case. It seeks to attack some of the Speedway Bomber convictions because four-decade old hair samples are not available for DNA testing.

The first docket entry in the DNA case is the paperwork filed with the District Court giving notice of the appeal. The second is a notice from the Court of Appeals saying the District Court reports the filing fees haven’t been paid (although Kimberlin’s letter to the District Clerk say the funds are enclosed), and that the case may be dismissed if he doesn’t pay up or qualify for pauper status.

Unless the court grants the motion for an amicus brief or combines the appeals, the case is fully briefed, and the next move belongs to the judges hearing the appeal.

BTW, If Kimberlin’s arguments concerning the testimony of hypnotized witnesses had any legal merit, shouldn’t some defendants’ rights lawyer have filed an amicus brief already?

Team Kimberlin Post of the Day

While Team Kimberlin’s PR flacks spent a plenty of pixels forecasting the direst of dire direness for us defendants in their various LOLsuits, my coverage of their lawfare has been fact based. Oh, I’ve offered my opinions that they would fail, and I’ve noted some interesting side benefits for the ways they’ve failed. The TKPOTD for seven years ago noted one of those consequences.

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The Dread Pro-Se Kimberlin watched his Kimberlin v. Walker, et al. nuisance lawsuit fall apart in state court. Five of his seven counts were shot down in summary judgment. What that means is that, given the undisputed facts agreed to by both sides, he had no case as a matter of law. The other two counts were so unsupported by facts that the judge stopped the trial after TDPK rested his case and granted us defendants a directed verdict.

I’ve written in the past about how the results of the state case should affect the Kimberlin v. The Universe, et al. RICO Madness through the doctrine of collateral estoppel. However, the directed verdict in the state trial has caused another problem for TDPK. Because we never had to put on our defense, he has no idea what we would have presented. He is completely in the the dark about the nature, depth, and quality of the evidence we amassed. He has no idea what insights our investigations have given us. He has no idea what leads we are prepared to follow up if the RICO Madness gets into discovery. He has no idea who we intend to depose. He has no idea what documents we already possess.

popcorn4bkIf TDPK had a clue, he’d be filing a motion to dismiss the RICO suit against all the defendants. I sincerely doubt that his ego will allow him to do the wise thing. I fully expect that he will ride the RICO Madness down in flames. I also expect that Hogewash! will chronicle the crash.

Stay tuned.

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He still has no idea of the scope of the evidence my codefendants and I have. It would be very unwise for Brett Kimberlin to ever cause me to have to defend another suit.

Team Kimberlin Post of the Day

The TKPOTD for five years ago today cites one the false narratives that Brett Kimberlin tried to sell during his campaign of lawfare—that he had received some sort of double secret exoneration related to his Speedway Bombing convictions that was accompanied by a settlement from the government for his “false” imprisonment. His attempts to bring that narrative into the Walker v. Kimberlin, et al. trial provoked the judge and probably resulted in the closest shave Kimberlin had with being punished for his misbehavior in court.

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The Dread Pro-Se Kimberlin tried to bring up his double secret exoneration during the Walker v. Kimberlin, et al. trial. He tried to claim that he has successfully sued the federal government for false imprisonment and has used part of the settlement for the initial funding of Justice Through Music Project.

MR. KIMBERLIN: The settlement that I received from the Department of Justice —

MR. WALKER: Objection.

THE COURT: [Addressing the Jury] Ladies and gentlemen, if you’ll please wait outside for just a moment.

Jury Exits.

THE COURT: I have told you twice now we are not retrying that case, and we are not getting into any collateral action you may have brought against the federal government about your conviction in that case. The relevance of that conviction, it was only offered to show why he refers to you as a terrorist, why he’s perhaps obsessed with you [unintelligible] nature of that offense, and I would have permitted him to introduce it if you hadn’t because you sat here and told the jury that you had never been convicted of anything he had blogged about. That is the only reason that it is being admitted. We are not retrying that case. I do not want you to go into it in any more detail. —

MR. KIMBERLIN: I —

THE COURT: — I do not want talk about any collateral civil suit thereafter, ah, sued the federal government for false imprisonment. And I’ve told you that twice. If you do it again, I will find you in contempt.

MR. KIMBERLIN: Well, the reason I was talking about the settlement from that case was partially used to start Justice Through Music.

THE COURT: It makes absolutely no difference and has no relevance to this particular case —

MR. KIMBERLIN: Well, —

THE COURT: — how you started and how you funded Justice Through Music.

MR. KIMBERLIN: Alright, I won’t talk about it anymore.

THE COURT: Get the jury back in.

FWIW, Justice Through Music Project was founded in 2003. The JTMP 2005 Form 990 Schedule A shows that the corporation had no income that year and took in $121,450 in 2004.

Here are the cases styled Kimberlin v. U.S. Department of Justice that are reported cases (all have other citations at lower court levels)—

Kimberlin v. U.S. Dept. of Justice, 788 F.2d 434 (7th Cir. 1986) was a bogus Privacy Act claim aimed at keeping Carl DeLong’s widow from collecting funds from his prison commissary.

Kimberlin v. U.S. Dept. of Justice, 921 F.Supp. 833 (D.D.C. 1996) involved a FOIA request for DEA documents about Dan Quayle.

Kimberlin v. U.S. Dept. of Justice, 139 F.3d 944 (D.C. Cir. 1998) was an FOIA request remanded back to the District Court.

Kimberlin, et al. v. U.S. Dept. of Justice, 318 F.3d 228 (D.C. Cir. 2003) was his unsuccessful LOLsuit seeking to be able to possess an electric guitar while in prison.

None of these seem to represent a double secret exoneration.

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If Kimberlin’s double secret exoneration really exists, why is he having to press his appeal in the Seventh Circuit to have part of his Speedway Bombing convictions set aside. Perhaps he will explain that in his reply brief due this Friday.

Stay tuned.

Team Kimberlin Post of the Day

One of the false claims made by Team Kimberlin was that it didn’t exist. Of course, it did—as their own Internet postings demonstrated. Eight years ago today, I ran this post titled No Team Kimberlin, Huh?.

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One of the reasons that Brett Kimberlin is suing my codefendants and me for a million bucks is because we write of the existence of a group of people we call Team Kimberlin. It seems that The Dread Pirate Kimberlin believes the mere suggestion that he has influence over a band of Internet thugs is defamatory or libelous or constitutes mopery with intent to lurk. He would have you believe that there ain’t no such thing as Team Kimberlin.

AcmeLegalBriefsSomeone should tell Cafe Press and whoever is running Breitbart Unmasked these days.

And there’s no connection between TDPK and Cabin Boy Bill Schmalfeldt other than the bond of friendship. It’s a coincidence that the Amazon shopping links at Breitbart Unmasked benefit parsbilswhohom-20 (aka Bill Schmalfeldt).

So Team Kimberlin must be a creation of the warped mind of the crazies in Team Lickspittle—just as the members of Team Kimberlin if you don’t believe it.

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I’d like to thank the Gentle Readers who have also been a part of Team Lickspittle. Team Lickspittle goodies are still available at The Hogewash Store.