Team Kimberlin Post of the Day

Brett Kimberlin’s PR outlet Breitbart Unmasked told some truly outrageous lies attempting to flack for its publisher, but the bio on his personal website was completely disconnected from reality. The TKPOTD for eight years ago dealt with one of the most stupid.

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There are some things that are so far out in the ozone that you couldn’t make ’em up if you tried. I found this in Brett Kimberlin’s bio on his personal website (No, I won’t link to it.).

Brett has also been passionate about protecting the rights of minorities by exposing bigots, hate groups, and bullies.

Exposing bigots, hate groups, and bullies, huh?

I don’t know about you, but I class anti-Semites as bigots. Brett Kimberlin’s anti-Semitism is well documented.

I don’t know about you, but I count those who have a history of cowardly attacks among the bullies.

And would you say that an organization (Koch Watch, NIWLTI) that promotes hatred based on a greedy desire to appropriate the fruits of the success of others might be a hate group?

Is Brett Kimberlin trying to expose himself?

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The Gentle Reader may determine for himself if the original post contains a double entendrw.

Team Kimberlin Post of the Day

Neal Rauhauser was the actual architect of Team Kimberlin’s strategy of using frivolous pro se litigation to harass their perceived enemies. I was on the receiving end of two of The Dread Deadbeat Pro-Se Kimberlin’s RICO LOLsuits, and I wasn’t surprised by the first RICO claim because Rauhauser had tipped their hand over a year in advance. This post about RICO and Patterico is from nine years ago today.

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Neal Rauhauser has a pattern of letting things slip through careless blogging, emails, or tweets. Patrick Frey believes he has picked up on plans for a RICO suit targeting him and other bloggers.

Mr. Rauhauser, once you sue, the discovery process will begin. It works both ways. Is that really what you want?

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Indeed, only two of the many cases brought by TDPK made it to the discovery phase, and discovery did not go well for Kimberlin in either.

Team Kimberlin Post of the Day

I had to send a lot of correspondence, usually emails, related to the various court cases connected to Team Kimberlin. The letter referenced in the TKPOTD from four years ago today was one of the most satisfying to send.

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The Gentle Reader who has been following the twists and turns of the Hoge v. Kimberlin, et al. lawsuit may remember that defendants were not especially cooperative with my discovery requests and that they failed to seek any discovery from me before discovery closed. A few days ago, I received a belated request for production of documents and a deposition notice from the Kimberlins. I sent them this reply.

Everything is proceeding as I have foreseen.

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The Rules apply to everyone, especially the little people who think their big shots.

Team Kimberlin Post of the Day

Pretty much everything the members of Team Kimberlin try fails or, at best, performs below their expectations. Their campaign of lawfare is the prime example, of course. The TKPOTD dealt with one of the many failures associated with The Dread Deadbeat Publisher Kimberlin’s flagship PR operation, Breitbart Unmasked Bunny Billy Boy Unread.

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The Gentle Reader who has been following The Saga of Team Kimberlin for a few years may remember that in early 2017 Bill Schmalfeldt used his position as editor of Breitbart Unmasked Bunny Billy Boy Unread to publish a series of defamatory posts accusing me of plagiarism. He used without permission material from Hogewash! in one those posts, so I filed a DMCA notice with the ISP hosting BU which resulted in BU receiving an email which read in part:

For your information, I have received the following/attached notice of copyright infringement. The infringing materials must be removed from your site within 24 hours, or under the Digital Millennium Copyright Act (DMCA), we are required to block access to your site. Once we have had to do that, we cannot unblock it for a minimum of 10 days after you respond with the proper counter-notification under the DMCA or the individual submitting the notification advises us that the material has been removed.

Filing a counternotice would have required providing information concerning the actual ownership of BU and information for service of process on the owner and/or operator. Rather than give up that information, the site was moved offshore, first to Iceland and then to Holland. The Cabin Boy’s™ Breitbit News site moved to the same server at about the same time.

The other site hosted on that Dutch server is empr dot media, a Ukrainian “news” site. Of course, it could be purely coincidental, but I find it interesting that BU moved to a server hosting a Ukrainian PR website while Brett Kimberlin was working closely with a Ukrainian-American operative of the Democratic National Committee on a project to dig up dirt on the Trump Administration.

Hmmmmm.

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Although, the BU site hasn’t had any new material since Bill Schmalfeldt went off for a winter vacation in Montana in late 2018, the Cabin Boy™ still maintains a connection, having tweeted a link to one of his defamatory posts only a few months ago.

Team Kimberlin Post of the Day

A big part of Brett Kimberlin’s litigation record as The Dread Deadbeat Pro-Se Kimberlin has been the filing of futile court motions. Just this week, his gimme-a-free-lawyer motion was rejected by the Seventh Circuit Court of Appeals. The INMTUYK for six years ago today was about another failed request to a court.

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The Dread Pro-Se Kimberlin has sent this to the judge in the Kimberlin v. Frey remnant of the Kimberlin v. The Universe, et al. RICO Madness.

Bwahahahahahahahahaha!

UPDATE—There are an amazing number of errors in this filing, but I’ll point out just two for now.

First, TDPK says he wants to add the Los Angeles DA’s Office and the FBI as defendants. Does he mean the City of LA or the County of LA? However, that question is moot, because, second, the court has ordered that TDPK may not make any further amendments to his LOLsuit.

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It was an FBI Special Agent who busted Kimberlin in Indianapolis in the arrest that led to his car being impounded and searched and bomb making materials found in the trunk. Maybe he still got a grudge.

Team Kimberlin Post of the Day

This episode of Blognet first ran five years ago today.

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BlognetTitleCardMUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. An infamous anti-First-Amendment activist has accused a blogger of being a serial harasser and sexual predator. Your job … help get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out. Continue reading

Team Kimberlin Post of the Day

Brett Kimberlin filed motions in his old Speedway Bomber cases to try to have some of the convictions set aside. His motions were denied, and he has appealed to the Court of Appeals for the Seventh Circuit. I reported in May that The Dread Deadbeat Pro-Se Kimberlin had filed a Motion for Appointment of Pro Bono Counsel. On Monday, the Court of Appeals denied his motion.

The court did grant TDPK’s request for 15 days to file his Transcript Information Sheet after ruling on the gimme-a-free-lawyer motion.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

This episode of Blogsmoke first ran three years ago today.

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SOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICOCHET

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.

MUSIC: MAIN TITLE—RECORDED—CUT 3 Continue reading

Team Kimberlin Post of the Day

Today is the eight anniversary of the first peace order issued against a member of Team Kimberlin, my first peace order against Bill Schmalfeldt. This post told My Side, Part 2, of my initial legal response to harassment from Team Kimberlin.

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Gentle Reader, here’s the second installment in my side of the story of my adventures with Team Kimberlin.

As those of you who have been following the Saga of The Dread Pirate Kimberlin and Team Kimberlin will remember, Cabin Boy Bill Schmalfeldt spent months harassing Lee Stranahan and his family with disgustingly crude filth, including incessant and impertinent questions regarding the death of a child during childbirth. On Monday, 11 February, Lee came to Maryland from Texas to file a harassment charge against Schmalfeldt. I picked Lee up at BWI airport, took him to dinner, took him to the District Court Commissioner’s Office, put him up for the night at my house, and dropped him back at the airport on Tuesday morning. BWI is just off of one of the routes I take to work.

On 14 February, I received 40 tweets in less than one hour from @BreitbartUnmask ranting about Lee Stanahan, Aaron Walker, and me. Just after midnight on 15 February, I posted a notice on this blog and on Twitter addressed to @OldUncleBastard, @BreitbartUnmask, and @OccupyRebellion demanding that they stop communicating directly with me. Note: The date/time stamps on the tweets in this post are in GMT; I’ll convert important ones to Eastern Time for clarity.cease tweet

Later that day, Schmalfeldt sent a tweet via his @OldUncleBastard identity referencing my demand. He was clearly on notice.

OldUncleBastard @Xcitizen10 @BreitbartUnmask A commentator on @wjjhoge’s blog post http://t.co/uZkIc4lA explains what the right wing mafia cabal wants.
6:37 PM Feb 15th from web

Click on that link yourself and see. The time stamp on the tweet converts to 1:37 pm Eastern Time.

He continued to send tweets to my @wjjhoge account. Between the tweet cited above and around 7:27 pm on 18 February, 2013, Schmalfeldt sent 11 more tweets to @wjjhoge. Because of this continued messaging following my demand to cease as well as other matters, I filed an Application for Statement of Charges on 18 February, 2013. Schmalfeldt was charged with both Harassment under §3-803 and Misuse of Electronic Communication under §3-805. Even though he was on notice and had had criminal harassment charges filed, Schmalfeldt kept sending me tweets and addressed a blog post to me—not a post about me, one addressed to me.

At midday on 18 February, 2013, during his Internet radio broadcast, Schmalfeldt made the following threat at around 1:02:40 into the program:

It’s all horseshit. It’s all absolute horseshit. And I and my family have been put through pain and suffering because Lee Stranahan has a grudge. Because somebody, in my opinion, is paying Lee Stranahan to file these charges against me, in the hopes that I will either break or die.  I got some fucking news for you, Stranny [pause] Walker, Hoggy, Frey [pause] and Frey [pause] beware the Ides of March.

Here is an mp3 file of the threat.

If Schmalfeldt were not associated with Team Kimberlin, I would have taken that threat as empty bloviating. But, given his connection to Kimberlin, the persons threatened, and our upcoming schedules, we all took the threat seriously. You see, the Ides of March fell during the Conservative Political Action Conference this year, and three of the persons threatened planned to be at CPAC and to attend BlogBash. BlogBash is a blogger party/awards ceremony that is loosely associated with other events, one of which is the CPAC. As it turned out, there were additional threats made to BlogBash which caused the PG County Police to beef up security around the event. So I was not the only person to take such a threat seriously.

After he was charged on the 18th, he sent an additional 31 tweets. This the last of those tweets, time stamped at 8:17 am ET, Schmalfeldt sent out prior to being served with the peace order:

LiberalGrouch I wonder what @wjjhoge got by way of payment. Something to comb out the poop flakes from his beard? Hah. I kid. I’m a kidder. I kid that way.
1:17 PM Feb 17th from web

Aside from the juvenile attempt at potty humor, this tweet implies that I have been lying about being paid to blog or making money off donations or that I’ve been helping my friends Lee Stranahan and Aaron Walker from any motivation other than friendship. Let me state this very clearly: Until I recently set up a tip jar after my retirement from working full-time, I had never been paid to write anything on this or any other blog. Even today, I have never received any donation or benefit from any of the bloggers or organizations I have promoted on this or any other blog. This blog is a hobby and an expensive one. I have personally borne all of the expense associated with it, including legal costs. I’ve been able to do this because, until the end of May, I have had an above average income working in a very senior engineering position. I’m getting old and have now retired from full-time work. I’ve put up a PayPal tip jar and and Amazon Associate’s link. In the first two weeks, I’ve earned almost as much money as I net from 0.2 hour of part-time work at my current billing rate. If I’m lucky, I may earn enough to keep up with the web hosting expenses for this site.

On 19 February, 2013, the Breitbart Unmasked website published a post with Schmalfeldt’s Liberal Grouch byline. This was not a post about me. It was a post addressed to me. The about versus to is an important distinction. Bill Schmalfeldt, or anyone else for that matter, has a First Amendment right to write and speak about me (assuming he can stay with in the bounds of defamation or illegal threats), but he has no right to speak to me. I have a right to be left alone. The headline addressed the post to me by name:

Stranahan. McCain. Akbar. Worthing. Hoge. Frey. THIS IS ON YOU!

The post contains the following:

Will it make you feel more like a man instead of some crawling thing, Hoge?

and

Hoge. You are filth. You add nothing to the world. You are a stain. You know it. I know it. And that is why I must be killed.

Neither I nor, so far as I know, any of the others addressed in that post have ever threatened Bill Schmalfeldt.

Because these annoying and alarming communications directed to me continued after I had demanded that they stop, continued after the demand was tacitly acknowledged, and even continued after I had filed a harassment charge, I filed for a peace order on 21 February, 2013, and a temporary order was granted by Judge Rasinsky. According to the report from the Howard County Sheriff’s Office (as reported to me by the Carroll County Sheriff’s Office), Schmalfeldt was served at approximately 9:15 am on 22 February, 2013. At or around 9:17 am on that date, he sent the following tweet:

LiberalGrouch A person who I will refer to by the pseudonym “Hoggy” has served me with a Peace Order. Two very nice Sheriff’s deputies just dropped by.

During the hearing for the permanent peace order on 28 February, 2013, Schmalfeldt authenticated all of the tweets, blog post material, and audio presented to the Court. However, Judge Rasinsky did not understand that Schmalfeldt had sent a tweet that acknowledged the notice to cease and desist, and Schmalfeldt lied, saying that he had received no notice. Lacking notice, Judge Rasinsky did not issue the permanent order, but he put Schmalfeldt on notice to stop:

The warning I want to give you is very specific, and it’s not an unusual warning for me to give. The battle line is drawn. He doesn’t want to hear from you, and that means no specific things addressed to him. If I was convinced that you had been put on notice and there were a course of conduct specifically addressed to him, I believe that that is something in the ordinary context of events that this statute would cover. Ah, I didn’t write the statute, but it’s constitutional up to this point, and it can circumscribe various freedoms that you might, in fact, have. Plus, it can also subject you ultimately, as it already has, to a criminal case where you may or may not win, I don’t know, [inaudible] look at the criminal case. I have it here. [inaudible] You’ve got to ask yourself, “Is it worth it?” You may conclude that it is. Some people, ah, are willing to go to jail for their beliefs, but I see that as a risk in this, ah, ongoing exploration of Internet First Amendment rights. Just a thought to share with you. I’m not going to grant the Peace Order for the reason I stated, but you are on notice, and hopefully, ah, you’ll abide by the conditions that Mr. Hoge has imposed in terms of your contact with him, and, ah, continue your debate in a peaceful, civil, and legal manner.

While I was exiting the courtroom after the hearing, I overheard a very loud conversation between Tae Kim (Schmalfeldt’s counsel), Bill Schmalfeldt, and Brett Kimberlim informing them that they had been lucky that day but could expect to go to jail if they kept up the harassment. This conversation was also overheard by two other witness.

Judge Rasinsky explicitly rejected Schmalfeldt’s contention that as a journalist he has a right to continue to “ask questions” of someone after being told to cease and desist. However, in another peace order hearing in Howard County (Walker v. Schmalfeldt), Judge Zwaig ruled, in what seem to be an odd extension of New York Times v. Sullivan, that Aaron Walker was enough of a public figure that he had to put up with Schmalfeldt’s harassment. In both cases, Schmalfeldt’s lawyer argued that he was a journalist entitled to some sort of special protection.

During early March, Schmalfeldt had continued communicating with me in spite of Judge Rasinsky’s warning. I filed for a second Peace Order. At the final hearing on 25 March, 2013, Judge Ellinghaus-Jones ruled that because the communications were electronic, she could not issue a peace order. After beating that peace order, Schmalfeldt, believing that he could do whatever he pleases, kept up tweeting. During that hearing, Mr. Kim argued the neither his client nor I were journalist but that we were a couple of old cranks having a shouting match on the Internet.

So as of the end of March, Bill Schmalfeldt was able to brag that he had beaten three peace orders. Once by lying and twice by alternately claim that he was or wasn’t a journalist. In mid April, the Carroll County States Attorney’s Office decided not to prosecute any of the charges filed against Scmalfeldt that were related to the peace orders, their reason being that if I couldn’t convince a District Court judge to a clear and convincing standard, they wouldn’t convince the same judge beyond reasonable doubt. The State’s Attorney’s Office did tell me that the charges could be refiled if I were to win a peace order on appeal.

Because I believed that I had air-tight documentation to refute the lie about not being on notice, I appealed the first peace order to the Circuit Court. During the District Court hearings, I had represented myself. I hired a lawyer (Zoa Barnes) to handle the appeal. As part of that appeal, she subpoenaed documents that might be shed light on Schmalfeldt’s motivation to harass me. His lawyer filed a Motion to Quash the subpoenas. The Gentle Reader who has been following this saga may remember that Schmalfeldt was subpoenaed for documents and as a witness for the Hoge v. Kimberlin peace order appeal in May and that he didn’t bother to provide the documents or show up to the hearing. Mr. Kim also filed a Motion to Dismiss based on the same electronic-harassment-isn’t-covered argument that worked in the District Court.

It didn’t work with Judge Stansfield today, and he quickly threw out the Motion to Dismiss. Rather than argue the Motion to Quash, my lawyer asked if Schmalfeldt had brought the subpoenaed document. He hadn’t, so the judge ruled the motion moot, and the hearing began.

After opening statements by the lawyers, I took the stand and outlined for the judge (with greater detail) the facts you’ve just read. On cross examination, Mr. Kim tried to make the case about my “wanting to get” Brett Kimberlin. I replied that the case was based on Bill Schmalfeldt’s behavior toward me. And the petitioner rested.

Bill Schmalfeldt took the stand on his own behalf. He misrepresented Twitter’s Rules and Best Practices about the use of @Replies, but my lawyer had already introduced Twitter’s actual rule into evidence, so the judge was not misled.

During his closing argument, Kim brought up a federal case, U. S. v. Cassidy, that he tried to use a precedent for a First Amendment defense of Schmalfeldt. As Ms. Barnes pointed out, that case was not gemane; it deals with whether Internet harassment is covered under the Violence Against Women Act.

Judge Stansfield ruled in my favor. He found that Bill Schmalfeldt engaged in a continuing pattern of conduct to harass or annoy me, that he continued to do so after being told to stop, and that he did so without any lawful purpose. He also found that Bill Schmalfeldt was likely to continue that behavior and, on that basis, he issued a peace order.

What does that mean?

First, Bill Schmalfeldt has been adjudicated as a harasser.

Second, if he doesn’t leave me alone for the next six months, he can be charged with a crime.

What does it not mean?

It doesn’t mean that the First Amendment is trouble, at least not because of this ruling. Bill Schmalfeldt is still free to write about me so long as he steers clear of threats or defamation. He simply needs to stop addressing me directly.

It does not mean that any Twitter user is in any jeopardy as long has he abides by Twitter’s Rules and Best Practices if he has been told to stop bothering someone else.

As I’m finishing this post, the Cabin Boy is frothing at the keyboard about how his loss in court may shutdown Twitter and end online journalism.

My final word is this—

Bullshit!

UPDATE—One more thing … Bill Schmalfeldt has written in the past of how the District Court judges dealt with me. I wish to state that much of what he wrote is categorically untrue. At all times while I was in their courtrooms, Judges Effinghaus-Jones and Green acted professionally and treated me with respect. Indeed, I was particularly impressed with Judge Green’s demeanor and the kindness he showed to everyone who appeared before him.

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He should have quit while he was only one loss behind.

Team Kimberlin Post of the Day

Brett Kimberlin is a liar. The TKPOTD for eight years ago today cites on example.

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Brett Kimberlin has been caught telling lies many times. When his biographer Mark Singer asked him about a particular item, he told Singer that he had admonished someone else about lying.

The notion of Kimberlin admonishing anybody not to lie both amused and galvanized me; I had no choice but to retrieve from storage the transcript of Sandi’s testimony. On pages 4532 and 4561, I located the colloquy that confirmed what the Chicago Reporter and the Indianapolis News had reported. Confronting the naked evidence of this particular deception left me feeling momentarily deflated, if not downright insulted. Did Kimberlin think I was stupid? Getting an appointment at the federal archive proved a mild inconvenience, transcript copies cost fifty cents a page, and I had to hire someone in Chicago to go to the archive and pick up the pages—but I’d had rougher days at the office. Did he think I was lazy? How could I maintain my presumption of his innocence, or my refusal to acknowledge his guilt, if he insisted on lobbing fat juicy ones in the vicinity of my overhand smash? What next—a confession? Hardly likely, I reassured myself. This had been a glaring lapse by Brett, but as long as I remained in character—a talented amateur, never quite able to see into the heart of the game—we could keep the rally going.

Citizen K, p. 327

I don’t know if Brett Kimberlin thinks other folks are stupid so much as he believes that he is enough smarter than the average bear that he can spin yarns that won’t be seen through. But some people are not only smart, they’re industrious enough to search for documents. And these days it doesn’t take much google-fu to find out a lot of stuff about someone.

Mark Singer caught Brett Kimberlin in so many lies that he concluded that Kimberlin’s story about selling marijuana to Dan Quayle was a lie too. But that should be no surprise. Perjurers tell lies.

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Brett Kimberlin has sued me four times claiming that my truthful reporting about him was defamatory. He lost all four times.

Team Kimberlin Post of the Day

One of the ways that Team Kimberlin has attempted to harass people who’ve written about them is by filing false copyright complaints; One of these days, I should probably add up all of the ones filed against me—like the one covered in this DMCA Legal LULZ Du Jour from four years ago today.

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I received this email from WordPress yesterday afternoon—

IIRC, all of the images that the Cabin Boy™ bitches about in his DMCA notice were published on Twitter. That gives other Twitter users a royalty-free license to republish them. Now, I don’t know whether all of the commenters involved have Twitter accounts, but even use by someone who isn’t a Twitter user or use of an image not published on Twitter would probably be covered by Fair Use as noted in Twitter’s email.

BTW, it was a righteous DMCA notice concerning an image that the Cabin Boy™ foolishly used that forced Breitbart Unmasked Bunny Billy Boy Unread to flee to an off-shore server.

Failing failures gotta fail.

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Team Kimberlin has never prevailed in any claim against me. I, on the other hand, have won a few, and I’m not done with them yet.

Team Kimberlin Post of the Day

As the TKPOTD from seven years ago today notes, criminals are often uncomfortable when they have to interact with law enforcement personnel.

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Here’s some more of The Dread Pro-Se Kimberlin’s whining from his proposed second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness.ECF 100-99Now, I can understand why TDPK is a bit edgy around FBI agents. Not all his experiences with them have been comfortable for him.ECF33-2

U.S. v. Kimberlin, 805 F.2d 210, 228 (7th Cir. 1986)

‘Nuff said.

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Kimberlin is one of the few people, perhaps the only person, who knows what the Seal of the President of the United States tastes like.

Team Kimberlin Post of the Day

The TKPOTD for seven years ago today, caught Brett Kimberlin in one of his many lies in a court filing.

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This is from The Dread Pro-Se Kimberlin’s proposed second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 100-67That’s not true.

Stay tuned.

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For the record, here is the IRS 501(c)3 status letter sent to the National Bloggers Club. I’ve zoomed in on the effective date.

 

Team Kimberlin Post of the Day

This episode of Blogsmoke from four years ago today captures a slice of small town life.

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SOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICOCHET

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.

MUSIC: MAIN TITLE—RECORDED—CUT 3 Continue reading

Team Kimberlin Post of the Day

This episode of Blognet first ran three years ago today.

* * * * *

BlognetTitleCardMUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. An infamous anti-First-Amendment activist has accused a blogger of being a serial harasser and sexual predator. Your job … help get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out. Continue reading

Team Kimberlin Post of the Day

Here are a couple of posts from nine years ago today. The first is about More Bloggers Harassed by Team Kimberlin. The second is about Brett Kimberlin as He Who Must Not Be Named.

* * * * *

Ken at Popehat has a post summarizing the Kimberlin brouhaha. (H/T, Jonathan H. Adler) He mentions that he is looking for lawyer to support a couple of yet unidentified bloggers facing legal harassment, one in Central Florida and one in Middle Tennessee.

Akbar is not the only additional victim. I’m trying to help another blogger faced with particularly despicable lawfare, apparently by Kimberlin allies. I put up the Popehat signal here. I’ve gotten some responses, but I’m still looking for federal criminal practitioners in the Middle Districts of Florida and Tennessee.

Hmmmm.

UPDATE–There is good advice concerning how to deal with possible harassment in this post at The Camp of the Saints.

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Goldfish and Clowns [dead link] refers to a certain person harassing bloggers as “he who must not be named” lest one be hauled into court. (H/T, @exconsview)

If Kimberlin be Voldemort, which one of us is Harry Potter?

UPDATE–Is Judge Vaughey a muggle?

* * * * *

@exconsview was Paul Lemmen’s Twitter account in 2012, and Paul was the blogger for whom the Ken White had activated the Popehat signal. Paul was on supervised release from federal prison. He had been convicted of fraud charges in the Middle District of Tennessee and had moved to central Florida.Paul had been blogging about Kimberlin, members of Team Kimberlin were filing bogus complaints about Paul with his parole officer. As a result of that pressure, Paul “cooperated” with Team Kimberlin until his pro bono lawyer was able to sort things out with the Parole Commission. Paul was on the inside of Team Kimberlin for about six months.

He left with a mother lode of emails and other files, many of which have been useful over the past years. There is still some rather interesting information that there’s been no need to publish. Yet.

After the He Who Must Not Be Named post, I began referring to Kimberlin as Lord Voldemort and his allies and enablers as Death Eater Wannabes. Later in 2012, Kimberlin set up a pirate-themed website called the Bloggers Offense Fund. That’s when I began calling him The Dread Pirate Kimberlin. After he sued me, that became The Dread Pro-Se Kimberlin, and after he failed to pay sanctions and court costs, Dread became Deadbeat. So now he’s The Dread Deadbeat Pro-Se Kimberlin. The tag also describes many of his other attributes: Pusher, Performer, Perjurer, …

Team Kimberlin Post of the Day

This episode of Blognet first ran seven years ago today.

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BlognetTitleCardMUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A blogger is being sued for writing about another lawsuit and questioning the plaintiff’s motives. His employer is being sued as well. Your job … get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out.

SOUND: Footsteps on sidewalk. Repeating background PA announcement: “The white zone is for immediate loading and unloading of passengers. No parking please.”

FRIDAY: It was Wednesday, March 6th. It was a smog-free day in LA. I was on temporary duty for Internet Detail. My partner, Liz Smith, was back in Westminster with our boss, Twitter Town Sheriff W. J. J. Hoge. My name’s Friday. It was 11:31 am when I walked out of the baggage claim area at LAX. Continue reading

Team Kimberlin Post of the Day

I gave away my core strategy for dealing with Team Kimberlin’s LOLsuit in then TKPOTD that ran six years ago today.

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We had a bit of concern trolling in the comment section over the last couple of days with lots of advice on how I should deal with various legal matters. I believe I will stick with the advice I’ve been given by real world lawyers.

OTOH, I suppose I can let the Gentle Readers (and the Team Kimberlin lurkers) in on the basic principle of my strategy: winning.

Meanwhile, everything is pro … oh, you know the rest.

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It worked.

Team Kimberlin Post of the Day

As the TKPOTD for four years ago today shows, one of the reasons that Team Kimberlin’s LOLsuits have all failed is that they’ve been exercise in pushing back twice one-tenth as hard.

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When the Cabin Boy™ went forum shopping for LOLsuit VIII: Avoiding Contact, he did a mind-bogglingly poor job of selecting the venue. We defendants in his multiple LOLsuits have been trying to get the courts to treat him as a vexatious litigant and to require that his cases be prescreened by a Magistrate Judge before summonses are issued. He’s filed LOLsuit VIII in the U.S. District Court for the District of South Carolina, a court that requires all pro se plaintiff’s cases be prescreened. So by his inept selection of a forum, The Dreadful Pro-Se Schmalfeldt has effectively granted one of the forms of relief we defendants have been seeking for the past three years.

He’s not off to a very good start with LOLsuit VIII, and I suspect it will downhill all the way for him, which brings up these two comments—

Heh, and everything is proceeding as I have foreseen.

Oh, one more thing …. it’s T-minus 1 day and counting in the Hoge v. Kimberlin, et al. lawsuit.

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OTOH, they do have a perfect batting average—0.000.

Team Kimberlin Post of the Day

Quite often, the members’ of Team Kimberlin delusions of adequacy lead them to make demands for things they are entitled to. This Prevarication Du Jour from seven years ago today dealt with one of Bill Schmalfeldt’s vain attempts to be a Grand Inquisitor.

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Not surprisingly, we have another one from the Cabin Boy™. (H/T, @embryriddlealum)@PatO201505040051ZAccording to their communication with me, CreateSpace doesn’t need to see any documentation from me. They’ve pulled Schmalfeldt’s book until a “resolution has been reached between both parties.”ECR_Email20140430

Since I do not wish to grant permission to anyone to publish the work in question in book or ebook form, the matter is now resolved as far as I’m concerned.

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And that was that.

Team Kimberlin Post of the Day

The TKPOTD for five years ago today dealt with one of the filings in the untimely appeal The Dread Deadbeat Pro-Se Kimberlin filed in the RICO Madness LOLsuit.

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The lawyers for Glenn Beck and his companies have filed an informal reply brief in The Dread Pro-Se Kimberlin’s appeal of the Kimberlin v. The Universe, et al. RICO Madness.

My favorite line from the brief is:

Appellees join in, and incorporate by reference, the other jurisdictional arguments set forth in the Informal Response Briefs of appellees Aaron Walker and William Hoge.

Heh.

UPDATE—Breitbart, RedState, and Erick Erickson also filed informal reply briefs on Monday. You can read them here.

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And was probably the high water mark of my pro se legal wrangling.

Team Kimberlin Post of the Day

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

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

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

JENSEN: (Telephone Filter) Good morning, Mr. Atsign. My name is Ernest Jensen. I think you might be able to help me.

JOHNNY: Hello, Mr. Jensen. What can I do for you?

JENSEN: (Telephone Filter) I’ve heard that you’ve done some investigating related to a guy on the Internet called The Grouch.

JOHNNY: He’s crossed my path.

JENSEN: (Telephone Filter) He’s suing me for defamation.

JOHNNY: He sues a lot of people, and, yes, I may be able to help you.

MUSIC: Theme up and under.

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

Maybe it’s a Montgomery County thing to try to have someone arrested on a false charge of violating a peace order. It was nine years ago yesterday that Brett Kimberlin’s false complaint cause Aaron Walker to be arrested, booked, and jailed for a few hours. Nine years ago today, I posted this: Aaron Walker’s Arrest—Early Edition.

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Patterico has a good analysis which untangles some of the gnarly mess of the reporting about yesterday’s farce. Read it. All the way through. At the end, he recommends reading David Hogberg’s eye witness report of the hearing.

Brett Kimberlin and his allies are acting as if they have a winning strategy. He was lucky yesterday to draw an elderly judge who doesn’t seem to understand the Internet, blogging, or social media. I doubt that his luck will hold out. IANAL, but it looks as if Walker should prevail on appeal. We need to support him and the other bloggers being abused by Kimberlin and his friends.

The donation web site is here. [Expired link.]

UPDATE–Glenn Reynolds (JD, Yale, 1985) notes:

Walker also made a major error by representing himself. No lawyer should do that in anything more than a minor traffic offense. This goes double for Yale Law grads. . . .

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Judge Vaughey was not only overruled on appeal, he wound up being reprimanded by the Commission of Judicial Disabilities.

And Kimberlin has lost all of this anti-free-speech LOLsuits and all his appeals since 2012.

Team Kimberlin Post of the Day

The TKPOTD for seven years ago today dealt with one of the deficiencies in Brett Kimberlin’s claims in the first of his LOLsuits that included me among the defendants.

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Here’s a request for production of documents that the Dread Pro-Se Kimberlin doesn’t want to honor in the Kimberlin v. Walker, et al. nuisance suit.InterrogReBUOne of TDPK’s alleged causes of action against me is the fact that I have Applications for Statement of Charges and peace order petitions against him based on evidence that he is one of the users of the @Breitbartunmask Twitter account and the actual beneficial owner of the Breitbart Unmasked website. This from his amended complaint in the Kimberlin v. Walker, et al. suit.BKvAW2013 FAC-46If he has never had any communication with Breitbart Unmasked, all he would have to do is say so. Of course, that would then raise the question of how the picture TDPK took of Aaron Walker and his wife at the Howard County District Courthouse on 1 March, 2013, got published on Breitbart Unmasked that very afternoon.

I’m tempted to write that I wonder what TDPK is trying to hide, but that’s not completely true.

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Kimberlin never produced a “scintilla of evidence” (to quote Judge Johnson) to support that LOLsuit—or any of the other’s he filed against me.