Team Kimberlin Post of the Day


Six years ago today, I published a post titled No Thugs Zone. It was the first Hogewash! post about Brett Kimberlin.

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Fellow blogger and Maryland resident Stacy McCain has had to move his family out of the state because of threats related to blogging about Brett Kimberlin. He is not the only blogger suffering abuse from Kimberlin.

Mr. Kimberlin was unwise in choosing to pick a fight with the blogosphere. He is likely to find that, while we don’t always agree with one another, we have each other’s backs when the freedom of the Internet is threatened. Mr. Kimberlin and those who have supported him (I’m looking at you, Ms. Streisand) have bitten off more than they can chew. The pushback is just beginning.

UPDATE–The McCain family is having a ton of unforeseen expenses because of their sudden move. I just hit his tip jar. Why don’t you?

UPDATE 2–Expect more, a lot more, about this on Friday.

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I’m not through with him yet.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin must not have a very creative imagination because he keeps trying to recycle the same debunked stories. The tall tale that was the subject of the TKPOTD from four years ago today kept reappearing. It was featured prominently in TDPK’s filings in the Hoge v. Kimberlin, et al. lawsuit.

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It’s hard to choose from among so many, but this may be my favorite of the whoppers that The Dread Pro-Se Kimberlin has included in his pleadings filed in the Kimberlin v. The Universe, et al. RICO Madness. The “reporter” he mentions is Bill Schmalfeldt.ECF 49-3The Gentle Reader who has been following the Cabin Boy’s™ antics for the past year or so may wonder if TDPK hasn’t ascribed obsessive and bizarre conduct to the wrong person. It’s the “reporter” who is subject to a peace order, not me. It’s the “reporter” who violated the order over 400 time in less than a month.

For the record—I was not forced to participate in mediation with the Cabin Boy™, but as a result of the mediation, I agreed to ask the State’s Attorney’s Office to drop the charges in exchange for Schmalfeldt’s agreeing to abide by the peace order and drop his appeal of the extension. He has reneged. I didn’t.

Why, I wonder, did TDPK feel threatened by my efforts to see the peace order enforced? Hmmmm. That might be an interesting question for a deposition, if the RICO Madness goes that far.

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It doesn’t matter how Team Kimberlin has tired to spin that story—in TPDK’s court filings, in the Cabin Boy’s™ LOLsuits, in Breitbart Unmasked Bunny Billy Boy Brett Unread, or in Karoli Kun’s smear piece in Crooks & Liars—the lie has failed to gain any traction. Indeed, their inept telling and retelling of it has fueled a great deal of pointage, laughery, and mockification.

And the mockery continues.

Team Kimberlin Post of the Day


It’s no fun being sued, but it is satisfying when a court throws out all or part of a LOLsuit because it isn’t  based on any recognized cause of action. Several of the counts in The Dread Deadbeat Pro-Se Kimberlin’s original Kimberlin v. Walker, et al. LOLsuit bit the dust at summary judgment because they weren’t things that could be the subject of a lawsuit, and the Hypertechincality Du Jour from a year ago today dealt with a non-tort alleged in The Dreadful Pro-Se Schmalfeldt’s LOLsuit VIII.

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The core of The Dreadful Pro-Se Schmalfeldt’s problem is not that he is trying to use an unconstitutional statute and whether the federal court would enforce it. He has an even more basic procedural issue. He is trying to use a criminal statute as the basis of a civil claim. When a pro se litigant tries that (lawyers never seem to make the mistake), the court throws out the complaint without having to get into the issue of the law’s constitutionality. Here’s what the court said the last time a pro se litigant tried to use § 16-7-150 as the basis for a civil claim—

In short, he cannot bring a civil action for alleged violations of criminal statutes, see S.C. Code Ann. § 17-1-10[.]

Sanders v. Lowe’s Home Centers, LLC, et al., Case No. 15-CV-2313-JMC-PJG, Order and Opinion, ECF No. 103, (D.S.C. Sep. 27, 2016) at 6. (I suppose the reason the Cabin Boy™ missed this one is that it was issued the same day as the hearing in which Judge Hecker denied all of TDPS’s motions to dismiss in the Hoge v. Kimberlin, et al. lawsuit.)

As I said in today’s TKPOTD, I don’t expect to need my motion to dismiss after the Magistrate Judge reviews Schmalfeldt’s complaint.

Everything is proceeding as I have foreseen.

UPDATE—The Gentle Reader may wish to note that the last time the U. S. District had to rule on a case in which a pro se litigant was stupid enough to try to use the South Carolina’s criminal defamation statute as the basis for a civil claim was for a case filed in 2015. (The first two digits of the case number correspond to the year the case was filed.) So it’s been almost two years since a pro se litigant has filed such an inept defamation case in that court.

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After a bit of bluster, the Cabin Boy™ wound up burning his one free complaint amendment in LOLsuit VIII in a failed attempt to remedy that and other errors. As usual, he failed miserably, but that was to be expected. Indeed, everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


One of the principal fuels for the pointage, laughery, and mockification of Team Kimberlin is the batch of mind-bogglingly stupid lies they’ve told. The Prevarication Du Jour from three years ago today provides an example of a lie that was easily debunked.

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@GrouchyOldLib201505202225ZThe Cabin Boy™ hears all sorts of things. Sometimes they’re from such questionable sources as The Dread Pro-Se Kimberlin. Other times, I’m not sure of the source of the voices he says he’s hearing.

BTW, if anyone does need to look up my contact information at Goddard, I’m listed as William J. Hoge.

I’m not sure what the Cabin Boy’s™ purpose is for spinning such outrageous stories, unless he is trying establish a sterling reputation for making it up as he goes along and a proven track record for being wrong.

UPDATE—Why make you have to search for the info? Here’s my current listing in the NASA Directory.Hoge NED

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It’s not like using Google to look up a government email address is rocket science, but the Cabin Boy™ … oh, never mind.

Team Kimberlin Post of the Day


One of the reasons that every one of the Team Kimberlin LOLsuits filed since 2012 have failed is that The Dread Deadbeat Pro-Se Kimberlin and The Dreadful Pro-Se Schmalfeldt routinely make statements or file paper which contradict previous statements or filings. They’ve even been know to submit exhibits that contradict the filings to which they are attached. The TKPOTD from four years ago today cites one example of TDPK’s inability to keep his lies straight.

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The following is from The Dread Pro-Se Kimberlin’s “Response to Defendant Twitchy’s Memorandum” filed on 9 May in the Kimberlin v. The Universe, et al. RICO Madness.ECF 125-unrelatedWhat TDPK was ranting about was the filing of a state court transcript with the federal court. He’s claiming that the state case, Kimberlin v. Walker, et al., Case No. 380966V, is not related to the federal case. However, on 17 January, TDPK filed this in RICO case.ECF 32-opening

Mark Twain once observed that if you tell the truth, you don’t have to remember what you said.

Do perjurers ever tell the truth?

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False narrative, huh?

Team Kimberlin Post of the Day


There have been some things happen during The Saga of Team Kimberlin that have been worth the price of admission. The TKPOTD from three years ago today tells of one.

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I’ve been rereading various hearing and trial transcripts in preparation for … well. let’s just say that I’ve been reviewing stuff. I found this exchange from last August’s Kimberlin v. Walker, et al. trial interesting.

MR. KIMBERLIN: Did you write any article or did you see any article by any of these men, defendants after those charges were dropped that said that they were nolle pross?

MR. MCCAIN: I don’t know what I saw. I mean you know, I read a lot of articles obviously —

MR. KIMBERLIN: But did you write a story saying gee, Brett was falsely accused and my God I’m so sorry.

MR. MCCAIN: You weren’t falsely accused.

MR. OSTRONIC [Stacy’s Lawyer]: Objection.

THE COURT: Overruled.

MR. MCCAIN: Noll pross does not mean you were falsely accused. I’ve had traffic tickets that were noll pross. That didn’t mean I wasn’t going 85 miles an hour.

popcorn4bkThe Dread Pro-Se Kimberlin was trying to make the point to the jury that some charges against him had been dropped, implying that he was not guilty. Stacy quite skillfully and humorously informed the jury that dropping charges does not necessarily mean the person charged was innocent.

TDPK is a lousy litigator. He’s also a fool for trying to outcrazy Stacy McCain.

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A man’s got to know his limitations.

I doubt that even I could outcrazy Stacy.

Team Kimberlin Post of the Day


Team Kimberlin’s lawfare targeting the First Amendment rights of folks who write about them and their associated online cyberthuggery is a serious matter—so serious, in fact, that it needs to be a laughing matter. It seems as if Team Kimberlin has no sense of shame, but they take themselves too seriously to tolerate being laughed at. That’s the reason why I’ve run posts such as the TKPODT from three years ago today.

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straight jacketCorrect attire is important when you must appear in court. This jacket and ties set is just the thing for someone pleading diminished mental capacity.

Hogewash! has it specially available in size XXXXXL via Amazon.

 

 

 

 

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And the pointage, laughery, and mockification will continue.