Team Kimberlin Post of the Day

The lawfare portion of The Dread Deadbeat Pro-Se Kimberlin’s flailing attempt at brass knuckles reputation management has been both a pain in the neck (or a couple of feet lower) and a rich source of pointage, laughery, and mockification. However, it really hasn’t held a candle to the incompetence of his PR effort, the crown jewel of which has been Breitbart Unmasked Bunny Billy Boy Brett Unread, but at one point, there was a BU post so shocking that the Hogewash! coverage of it was titled BREAKING: Xenophon Tells the Truth. (Xenophon is one of the pen names Matt Osborne has used.)

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In a surprising twist Xenophon the Troll finally tells the truth in a post at Breitbart Unmasked(No, I won’t link to it.) about The Dread Pro-Se Kimberlin’s vexatious lawsuits against bloggers and media entities. In a prolonged screed about Paul Alan Levy’s representation of anonymous blogger Ace of Spades in the Kimberlin v. The Universe, et al. RICO Madness, Xenophon writes— BU20140221bYep. As TDPK has claimed, donations from big-time leftwing contributors are drying up for his not-for-profits. For example, the Threshold Foundation had given Velvet Revolution grants totaling as much as $65k a year, but it has zeroed out its support.

It was leftwing blogger Seth Allen who first shined some light on Brett Kimberlin’s current activities. The fact that it was mostly the right half of the blogosphere that rallied to Allen’s defense allowed TDPK to paint resistance to his lawfare as persecution from the right.

That dog won’t hunt anymore. Ken White, Zoa Barnes, and Paul Alan Levy are not rightwing nut jobs, but they have all provided pro bono legal help to victims of Team Kimberlin. The ACLU, which is also helping in Ace’s defense, is rarely thought of as a rightwing organization.

Because of the extra publicity stirred up by TDPK’s frivolous lawsuits, good people on the left are realizing what kind of person Brett Kimberlin is, and they are deciding that they have better things to do with their money than supporting his unprofitable not-for-profits. The Streisand Effect blowback putting a real crimp in his business model.

Team Kimberlin haz sad. I expect them to act out even more outrageously before things are settled.BU20140221a

On advice of counsel, I won’t reply with a Clint Eastwood quote.

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Speaking of Breitbart Unmasked Bunny Billy Boy Brett Unread, it doesn’t look like they bothered to publish anything for more than a week.

Oh, and speaking of following the money—the 2016 IRS Form 990s for TDPK’s not-for-profits aren’t online yet. They will probably be in the last batch of 2016 forms released after being processed by the IRS. Kimberlin has always filed that sort of paperwork at the last minute, but a man’s got to be aware of his limitations.

Team Kimberlin Post of the Day

One of the running gags about Team Kimberlin’s incompetence in their LOLsuits is the idea that they buy their legal advice from the same Acme Company that sells goods to Wile E. Coyote. The TKPOTD from four years ago took a look at Another Fine Acme Legal Theory.

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vbr201402210202Z47 U.S.C § 230(c) says that the person providing content is responsible for what he provides. In the case of a comment posted here at Hogewash!, that’s the author of the comment. The law says that

[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

Furthermore, 47 U.S.C § 230(e)(2) says in part that

No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.

Now, Acme will probably point to the recent Hare v. Richie case where discovery was allowed to continue in spite of a website’s contention that is was protected by § 230. There are three things to consider. First, discovery was allowed in that case to determine if the site operator was involved in producing any of the offending content. Second, the plaintiff wound up losing the case. It was dismissed.

Third, discovery in a similar lawsuit involving Hogewash! would lead to the same result.

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So far that theory has failed against this blog and me in four LOLsuits and a peace order petition from The Dread Deadbeat Pro-Se Kimberlin and four LOLsuits from The Dreadful Pro-Se Schmalfeldt.

Apparently, when they read the thing about “satisfaction guaranteed,” they didn’t understand that Acme meant mine.

Team Kimberlin Post of the Day

The level of incompetence shown in the various court filings from Team Kimberlin in the course of The Dread Deadbeat Pro-Se Kimberlin’s and The Dreadful Pro-Se Schmalfeldt’s LOLsuits is amazing. OTOH, it has been a marvelous source of material for pointage, laughery, and mockification. Consider the TKPOTD from three years ago today for example.

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When The Dread Pro-Se Kimberlin filed his opposition to Stacy McCain’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness, I chose not to publish it because it contained a great deal of scurrilous material that was nothing more than ad hominem attacks on Stacy and several other people. After careful review, I have been able to edit the filing to eliminate everything that is not responsive to Stacy’s motion.

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About a month after TDPK filed his opposition to Stacy’s motion to dismiss, Judge Hazel granted Stacy’s motion and the motions to dismiss for the remaining defendants, except for the civil rights count against Patrick Frey. Patterico won that count on summary judgment, and that RICO Remnant is now at the Fourth Circuit Court of Appeals.

Stay tuned.

Team Kimberlin Post of the Day

The easiest way to discredit Bill Schmalfeldt is to quote Bill Schmalfeldt.

—Stacy McCain

Three years ago today, after the Cabin Boy™ had included me as a defendant in LOLsuit III, I posted this sampler of A Year of BS on Twitter

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This is a sampler of some of the Twitter activity from the Cabin Boy™ during the period of February, 2013, through January, 2014.

UPDATE—I’m told by a friend who has been paying attention to the Twitterz this morning that the Cabin Boy™ is upset because I have had the temerity to quote some his Twitter ravings. He should get used to it, and he will see many more of his own words coming back to haunt him if he continues with his LOLsuit.

Thus far, my response has been restrained. I have more important issues at hand. However, he should consider that my codefendants may not be as gentle as I have been to date. The ram has touched the wall, and I believe they are eager to use it.

If Schmalfeld is lucky, the judge will kick out the lawsuit under 28 U.S.C. 1915(e). If Schmalfeldt decides to do the wise thing (stop laughing), he will withdraw his LOLsuit before the judge rules.

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Dismissal under 28 U.S.C. 1915(e) would have been for an improper in forma pauperis filing. While the judge did find that the Cabin Boy™ had too much income to file as a pauper, he dismissed the LOLsuit on an other ground, the court’s lack of subject matter jurisdiction over the case. Schmalfeldt had made only state law claims, and he still lived in Maryland when he filed the suit. Because I live in Maryland and there were no federal claims, the federal court was required by statue to dismiss the case.

It will be interesting to see how he screws up jurisdiction in LOLsuit IX.




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”!


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.


Team Kimberlin Post of the Day

One common characteristic among the members of Team Kimberlin is their mouths writing checks their bodies can’t cash. As can be seen from the TKPOTD from a year ago today, the Cabin Boy’s™ idle threats are a prime example.

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fmp201702060510zIf I were going to eat a gun, I’d probably go for one of these—

chocolate1911My problem is that a full-size chocolate Model 1911 packs over 110 g of fat, and my cardiologist tells me eating that much at once would probably not be good for my cholesterol levels. However, if the Gentle Reader would like to give one a try, these chocolate 1911s are available from Amazon. Click on the image on the left to buy.

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Not only could the Cabin Boy™ not cash his mouth’s check, but I made a few bucks from Amazon commissions on sales of chocolate .45s.

Everything is proceeding as I have foreseen.