Some More Gilmore v. Jones, et al. News


Brennan Gilmore was present at the Charlottesville riot in 2017. He recorded a car being driven into a crowd that resulted in the death of a women, and he posted that video online. He also made appearance in the news media discussing what he saw. As a result, Gilmore and his video became a topic of controversy, and Gilmore was upset with some of the commentary. He has sued Alex Jones and a host of others for defamation in federal court. When the judge in the case denied most of the motions to dismiss, two separate groups of defendants filed motions for reconsideration or for an interlocutory appeal of the dismissals to the Fourth Circuit Court of Appeals.

The judge has granted a motion certifying an interlocutory appeal of the following question:

Where an online journalist or publisher with a national audience purposefully and primarily focuses their coverage underlying the suit-related conduct on forum-state events and persons, is such conduct sufficient for a forum court to assert specific personal jurisdiction over that journalist or publisher?

I found footnote 1 interesting.

However this question is limited, the Fourth Circuit may nevertheless review uncertified issues contained within the Court’s order on Defendants’ Motions to Dismiss. “[W]e would not necessarily be limited to only those questions expressly or implicitly identified as ‘controlling’ by the district court; under § 1292(b), appeal is from the order certified, not from particular rulings embodied within it.” Fannin v. CSX Transp., Inc., 873 F.2d 1438, 1989 WL 42583, at *3 (4th Cir. 1989) (unpublished).

IANAL, but seems as if the judge in taking note that the defendants could raise other issues related to the motions to dismiss beside the certified question in their appeals.

This could be interesting.

50’s Tunes and Copybook Headings


One the recurring post titles here at Hogewash! is Don’t Know Much About History. Another is Don’t Know Much Biology. They are, of course, lines from the song Wonderful World.

Don’t know much about history
Don’t know much biology
Don’t know much about a science book
Don’t know much about the French I took

Here’s Sam Cooke’s version recorded in 1959.

But I do know, one and one is two
And if this one could be with you
What a wonderful world this would be

So, what happens when one and one aren’t two? Modern life, with its many non-traditional families, tells us, and my podcasting partner Stacy McCain has a post up about the fallout from one attempt at ignoring the wisdom of the ’50s and the Copybook Headings.

Team Kimberlin Post of the Day


This post about a bit of lawfare in which Brett Kimberlin, as The Dread Deadbeat Protector Kimberlin, is involved. However, he’s not a named party in the case.

At the end of January, 2014, a couple of progressive organizations and a pair of individuals filed a LOLsuit in the U.S. District Court in D.C. against the Federal Elections Commission because it failed to pursue an investigation of Crossroads Grassroots Political Strategies. The individual plaintiffs in the case were Craig Holman and Kevin Zeese. The organizational plaintiffs were Public Citizen and Protect Our Elections.org. The Gentle Readers who have been following this blog for some time should find a couple of those names familiar. This is from the Complaint filed in the case—

11. Plaintiff ProtectOurElections.org is a national collaboration of grassroots organizations that work together to provide oversight of elections and to advocate for campaign finance reform. they rely on political committees’ public disclosure reports to evaluate the influence of money in politics.

13. Plaintiff Kevin Zeese, Esq., is an attorney with ProtectOurElections.org and is committed to reforming politics and elections. He relies on information about campaign-related spending to evaluate different speakers and messages and to monitor the impact of large expenditures on officeholders and public policy. He is also a United States citizen and a registered voter in Maryland. As a registered voter, Mr. Zeese is entitled to reviver the information that the FECA requires political committees and others to disclose to the public, and his informed exercise of the vote is impaired when such information is unavailable,

The case slogged along until motions for summary judgment were filed. A hearing on those motions was held in August, 2016. And then nothing happened. You see, there was another case going forward against the FEC in the same court that had very similar facts and issues. That case, Citizens for Responsibility and Ethics in Washington v. FEC, went to trial in 2017 and was appealed. The Court of Appeals for the DC Circuit decided that case in the FEC’s favor in 2018. IANAL, but it seems to me that the case law now favors granting summary judgment in the FEC’s favor in the Public Citizen, et al. case as well.

The FEC has filed a supplemental brief informing the District Court of the Court of Appeals ruling, but nothing has been entered on the case docket for almost a year.

It looks as if The Dread Deadbeat Protector Kimberlin will have to find another means “to provide oversight” of our elections.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin included me as a defendant in four of the many LOLsuits he filed over the past few years. The third suit that included me was his RICO Retread LOLsuit which tried to revive the state law claims from his first RICO case. The TKPOTD from four years ago was one of the early reports on the process of defeating that third lawsuit.

* * * * *

During the motions hearing last week in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit, Judge Mason was well prepared. He said this to The Dread Pro-Se Kimberlin while dealing with my motion to dismiss for improper venue.

THE COURT: And I’ve looked through your 52-page complaint a couple of times and again just this morning before coming out on the bench because I wanted to make sure that I understood precisely what is being alleged here.

The judge then proceeded to explain to TDPK some of the deficiencies in his pleading concerning me. I’d share some of that with you, but I don’t want to refresh the midget’s memory. TDPK has this to say to the judge:

MR. KIMBERLIN: I wanted to limit this case to the swatting. That’s what I’ve done. You know, if I have to refile against Mr. Hoge in Carroll County or in this county, you know, it would be another massive lawsuit. I would like to keep him in this case, whether through an amendment or whatever and let a jury decide, you know, what he’s done with regard to the swatting. You know, part of what the whole Everybody Blog About Brett Kimberlin Day was to portray me as a criminal swatter to silence conservative bloggers, you know, which was not the case. I have nothing at all to do with any swattings at all.

movie popcornAnother massive LOLsuit? Really? I suppose that means that TDPK has not yet figured out that there are some people who aren’t soft targets for lawfare. If he has learned anything about tangling with me, he’ll wise up and fail to amend his LOLsuit by the 18th, or, if he really comes to his senses, he’ll dismiss the entire LOLsuit for all the remaining defendants.

I wouldn’t bet on his acting wisely, so the Gentle Reader may want to lay in a good stock of popcorn. Here’s a deal from Amazon.

Stay tuned.

* * * * *

The Gentle Readers will note that I often suggest that they stay tuned. I’d offer the same suggestion to The Dread Deadbeat Performer Kimberlin’s guitar, but …

Team Kimberlin Post of the Day


Over at Instapundit a few days ago, Prof. Reynolds used the Southern expression “lower than a snake’s belly in a wagon wheel rut.” The TKPOTD from three years ago today contained information about something Brett Kimberlin did that I believe is lower still.

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After Mark Bailin had presented his oral argument for the successful Breitbart motion to dismiss during last Thursday’s hearing in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit, Judge Mason gave The Dread Pro-Se Kimberlin an opportunity to respond. This conversation was a part of his response.

THE COURT: The four that you chose, I would assume that you would pick the best four —

MR. KIMBERLIN: Uh, ummm —

THE COURT: — and the four that you chose, as he points out, two don’t even mention you.

MR. KIMBERLIN: Uh, I — Obviously, they don’t mention me in — by name. They mention me in context. They impute — ah — and this is a part of the campaign. This is —

THE COURT: Well, but, but, but stop for a second. Because the one in 2010 —

MR. KIMBERLIN: Ah, that’s —

THE COURT: — couldn’t possibly —

MR. KIMBERLIN: I’m, I’m not going to argue that. Ah, that’s beyond the statute of limitations.

THE COURT: So why did you put it in the complaint then?

That admission is significant because the only act TDPK alleges against Mandy Nagy is that she wrote the 2010 Breitbart article. Given that he’s admitted that what he alleged against her is outside the statute of limitations, it will be interesting to see if he’s smart enough to dismiss her from the case.

Stay tuned.

* * * * *

Even after admitting that the statute of limitations had expired on Mandy Nagy’s article—and know that she had suffered a stroke that made it impossible for her to participate in her own defense—The Dread Deadbeat Pro-Se Kimberlin kept her as a defendant in the RICO Retread LOLsuit to the bitter end. He only dismissed her when it was the only way for him to pursue an appeal of his losses against other defendants, and he made her an appellee, essentially appealing his voluntary dismissal of her from the case.

Lower than [redacted].

Team Kimberlin Post of the Day


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

* * * * *

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

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

NORRIS: (Telephone Filter) Hello, Mr. Atsign, I’m Bill Norris from National Special Underwriters.

JOHNNY: Yes?

NORRIS: (Telephone Filter) I’d like to discuss using your services to help us investigate a claim.

JOHNNY: Really? Are you sure you’re calling the right freelance investigator?

NORRIS: (Telephone Filter) (Chuckles) Yes, I do. I believe your previous experience will expedite the investigation. I believe you have some experience with someone called “The Bomber.”

JOHNNY: Yeah. You’ve called the right guy.

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


Six years ago today, I ran this post, In Re Kimberlin v. Walker, et al.

* * * * *

Convicted perjurer, drug smuggler, and bomber Brett Kimberlin has filed a Maryland lawsuit naming bloggers Aaron Walker, W. J. J. Hoge, and Robert Stacy McCain; National Bloggers Club President Ali A. Akbar; and the anonymous blogger Kimberlin Unmasked as defendants.

The defendants believe that the suit is without merit and is part of Kimberlin’s continued effort to use lawfare to silence journalists and bloggers who have written truthfully about Kimberlin’s criminal past and recent conduct. The defendants will not make any further comments until they have finished initial consultations their respective legal counsel.

UPDATE—Stacy McCain’s statement is here.

UPDATE 2—Kimberlin Unmasked’s statement is here. [Broken link]

* * * * *

The Dread Deadbeat Pro-Se Kimberlin made countless errors during his ill-fated attempts at pro se litigation. His worst mistake was suing me.