Category Archives: Trolls

Team Kimberlin Post of the Day

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One of the images that has occasionally illustrated these posts is a picture of the sort of Mark Time timer that the Speedway Bomber used in his time bombs. In early posts the timer was quoted as saying,

tick, tick, tick, tick, …

Eleven years ago, the timer’s vocabulary was expanded in a post titled Dread Pirate #BrettKimberlin and Time Keeping.

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I would like to express my thanks for the generosity of commenter Grammie for providing tocks. Tocks had been unavailable because they have been booked well in advance by a crocodile chasing another pirate. Now that they are available:

<mockery> Tick, tock, tick, tock, … </mockery>

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Brett Kimberlin is still the Speedway Bomber.

Tick, tock, tick, tock, …

Team Kimberlin Post of the Day

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Brett Kimberlin actually tried to argue that the First Amendment right to petition the government protected his right to lie on a criminal complaint. The TKPOTD for seven years ago today, reported on how well that claim stood up in court.

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During the oral argument for the Kimberlins’ failed motion to dismiss the Hoge v. Kimberlin, et al. lawsuit because they were alleging it was a SLAPP suit, The Dread Pro-Se Kimberlin tried to argue that the First Amendment protected his right to say anything in a complaint filed with a public official. Of course, that’s nonsense. Neither the First Amendment nor the Maryland Declaration of Rights protects perjury in a criminal complaint.

While TDPK was trying to make his case, Judge Hecker posed some hypothetical questions along these lines—

Suppose Mr. Hoge went to the Sheriff’s Office and falsely told them you were a pedophile. Would the First Amendment protect him from being sued for defamation?

Suppose your lawsuit had not ended in a directed verdict, and Mr. Hoge had had to present a defense. Would he have been able to use the First Amendment as a defense in that case?

TDPK seemed to have difficulty answering those questions.

In the end, Judge Hecker came to the same conclusion as Judge Mason did in the Walker v. Kimberlin, et al. case—if TDPK’s theory of the law were correct, the tort of malicious prosecution could not exist. For that and other reasons he found that my suit is not a SLAPP suit and denied the Kimberlins’ motion.

And that proceeded as I foresaw.

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He really should have found a better source for legal advice.

Team Kimberlin Post of the Day

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I read on the Interwebz that the first load of M1 Abrams tanks has been delivered to Ukraine. That reminded me of this post from ten years ago today about #BillSchmalfeldt, Abrams Tanks, and the Second Amendment.

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I was going spend the entire day ignoring Cabin Boy Bill Schmalfeldt, but someone sent me a link to his latest waste of bandwidth over at Digital Journal (No, I won’t link to it.). It’s called Op-Ed: If Abrams tanks are outlawed, only outlaws will have Abrams tanks. Schmalfeldt seems to believe that ownership of an Abrams tank by a U. S. citizen is (or should be) illegal.

Other than nuclear, biological, and most chemical weapons, citizen ownership of weapons is not generally prohibited under federal law. Some are restricted. Some are taxed. But few are prohibited. Some states are more restrictive than the feds.

I don’t know how one would go about buying one, but I’m not sure that there is any federal law that bans private ownership of an Abrams tank.

There would be a lot of paperwork and tax filings involved in owning an Abrams. The two 7.62 X 51 mm machine guns and the .50 M2 machine gun would need to have the appropriate ATF tax stamps (and the guns would need to have been made before the 1986 ban). The main gun (either the 105 mm for early M1 or the newer 120 mm) would also have to be registered with the ATF as a destructive device and the appropriate tax stamp purchased.

Here in Maryland, the three machine guns would have to be licensed by the State Police, and the owner would have to pay a $10/year fee for each. The MVA wouldn’t issue tags, so the owner would be restricted to off-road use.

If the owner kept live rounds for the main gun, the ATF would impose requirements on the storage magazine, and, here in Maryland, the State Fire Marshal would get involved.

So, yes, the Second Amendment does protect a citizen’s right to possess arms.GE

Even an Abrams tank with the right paperwork.

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I haven’t bothered to check with Kimberlin’s Ukrainian news site (empr dot media which now forwards to ukrainefrontlines dot com) to check to see if Team Kimberlin believes that Ukraine should have those tanks.

Team Kimberlin Post of the Day

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I wound up spending a lot of time in courtrooms with Brett Kimberlin. Most of that time was rather tedious, but the TKOPTD for nine years ago today chronicled one of the few pleasant moments, perhaps my favorite, during the Kimberlin v. Walker, et al. nuisance LOLsuit.

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It was pretty obvious from the load of … ah … junk he gave us in discovery for the Kimberlin v. Walker, et al. nuisance lawsuit that The Dread Pro-Se Kimberlin didn’t understand the rules of evidence or how to properly structure his case. He proved both during the trial. For example, consider this question he was never able to ask of Stacy McCain because it dealt with hearsay.

MR. KIMBERLIN: So do you know what the Southern Poverty Law Center is?

MR. OSTRONIC: Objection Your Honor.

THE COURT: What does the Southern Poverty Law Center have to do with this case?

MR. KIMBERLIN: Well Mr. McCain has —

THE COURT: The Southern Poverty Law Center, what does that have to do with this case?

MR. KIMBERLIN: Mr. McCain is considered a neo-confederate — is one —

MR. OSTRONIC: Objection, Your Honor.

THE COURT: Well —

MR. KIMBERLIN: And the Southern Poverty Law Center

MR. OSTRONIC: Objection, Your Honor.

THE COURT: Hold on a second. Counsel I appreciate you objecting to my question but I’m not going to overrule myself. That’s not something I do. So what does the Southern Poverty Law Center have to do with this case? I’m not asking you about Mr. McCain, I’m asking you about why are you asking him about the Southern Poverty Law Center?

MR. KIMBERLIN: I’m asking him the Southern Poverty Law Center is the leading, one of the leading civil rights organizations in the —

THE COURT: I understand all of that but what does it have to do with this case?

MR. KIMBERLIN: Because —

THE COURT: And the claim that you are making against these gentlemen?

MR. KIMBERLIN: Because Southern Poverty Law Center regularly outs racists —

MR. OSTRONIC: Objection.

THE COURT: So what if they do. What does that have to do with this case? This case isn’t about racists or racism.

MR. KIMBERLIN: It’s about hate. It’s about hate. These people hate me and they do anything to destroy me.

THE COURT: Well but why are you asking this witness about the Southern Poverty Law Center? First of all he couldn’t testify as to anything they said or did because it wouldn’t be an exception to any hearsay rule. So you would never be able to get that in evidence anyway.

MR. KIMBERLIN: All right.

MR. KIMBERLIN: Mr.—

THE COURT: Your objection’s sustained.

Of course, TDPK was trying to paint Stacy McCain as a racist, and that’s nonsense. Furthermore, given some of the racial epithets that TDPK is on record as have said and written, it was particularly unseemly for him to be trying to tar anyone else with that brush.

Even if Stacy or I or any of our codefendants were racist, that had no bearing on whether or not what we said and wrote was true, and TDPK had to prove that our words were false. Stupid is as stupid does, and TDPK tried to bring up racism a second time.

MR. KIMBERLIN: Have you ever been identified as a member of the hate group League of the South?

THE COURT: I’m sorry, what was that, what group?

MR. OSTRONIC: Objection.

MR. KIMBERLIN: League of the South.

THE COURT: League of the South?

MR. KIMBERLIN: It’s like an offshoot of the KKK.

MR. OSTRONIC: Objection, Your Honor.

MR. KIMBERLIN: It believes in —

THE COURT: What’s that relevant to, sir?

MR. KIMBERLIN: Well he brought it up.

THE COURT: He didn’t bring up the League of the South.

MR. KIMBERLIN: Huh?

THE COURT: He didn’t bring up the League of the South.

MR. KIMBERLIN: He talked about he’s not a racist.

THE COURT: Well the fact that he brought it up without objection doesn’t make it relevant. I mean what is the jury going to do with this? We’re not here about whether anybody is a racist or not, are we?

MR. KIMBERLIN: Well no, but he’s tried —

MR. MCCAIN: You’re white by the way.

Never try to outcrazy Stacy McCain.

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BTW, Judge Johnson is black, as was the jury foreman who was rolling his eyes throughout Kimberlin’s questioning of Stacy. I had trouble keeping myself from laughing.

Team Kimberlin Post of the Day

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One of the running gags about Team Kimberlin’s has been mocking their incompetence as pro se litigators. The TKPOTD for seven years ago today took a look at one of Bill Schmalfeldt’s bigger mistakes.

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So the Cabin Boy’s™ LOLsuit VII: Degenerations has been voluntarily dismissed without prejudice. I’ll bet that the Cabin Boy™ thinks that means that he can still file another LOLsuit against Patrick Grady and/or Sarah Palmer alleging the same butthurt again. I’ll also bet that he would be wrong.

IANAL, but I can read a law book. When I read Federal Rule of Civil Procedure 41(a)(1)(B), I find these words concerning the effect of a voluntary dismissal:

But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as a adjudication on the merits.

IIRC, LOLsuit VI: The Undiscovered Krendler targeted both Patrick Grady and Sarah Palmer with claims that overlapped with LOLsuit VII. If I’m understanding FRCP 41 correctly, my characterization of “really most sincerely dead” applies to LOLsuit VII. With an adjudication on the merits res judicata should now apply.

res_judicata_mugsActually, Patrick Grady probably could have relied on res judicata as a defense in LOLsuit VII, because he was targeted in LOLsuit V and LOLsuit VI. Other people are probably also covered to some extent: Eric Johnson (LOLsuits III, IV, and VI), Roy Schmalfeldt (LOLsuits V and VI), Paul Krendler (LOLsuits I and III), Nancy Gilly (LOLsuits I and VI), Howard Earl (LOLsuits III and IV), and me (LOLsuits I and III).

The Cabin Boy™ really is giving The Dread Pro-Se Kimberlin a real contest for the title of World’s Worst Pro-Se Litigant™.

Everything is proceeding as I have foreseen.

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Here’s the comment Vigilans Vindex left for that post—IIRC, the Cabin Boy has maintained perfect batting average of .000.

Team Kimberlin Post of the Day

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Seven years ago today, breitbartunmasked dot com posted an article which included a forged document supposedly from a foreign government that Brett Kimberlin had included in a court filing. This episode of Blogsmoke just happened to run a few days later.

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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 notorious anti-First-Amendment activist has included a suspicious document in a court filing. 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. Continue reading →

Team Kimberlin Post of the Day

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One recurring bit of mockery for some members of Team Kimberlin is poking fun at their lack of musical talent. Six years ago yesterday, I reran my review of the CD released by a band Brett Kimberlin fronted called Epoxy, and one of the Gentle Readers left this comment—

The TKPOTD for six years ago today mocked the reactions to that comment by Cabin Boy Bill Schmalfeldt and Very Ordinary Seaman Ferguson.

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Yesterday’s TKPOTD must have stoked some envy out in Sutter County, California. Very Ordinary Seaman Ferguson had this exchange with the Cabin Boy™ yesterday—

I’ve never heard lorddewclaw play either live or on a recording, so I can’t comment on what kind of musician he is. However, I have heard recordings that VOSF has posted of his alleged music. Based on what I’ve heard, I doubt that he could have made it as a sideman on any of Brett Kimberlin’s recordings. I’d advise him not to give up his day job, but I’m not sure he has a real one.

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The mockery continues.

Team Kimberlin Post of the Day

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Yesterday, we took a look at Bill Schmalfeldt’s latest unretirment. Nine years ago, Schmalfeldt was going through one of his retirements. Here’s what his (at)Parkinsonsmedia account looked like nine years ago today.Of course, I’ve never hated Bill Schmalfeldt. He’s been bothersome, sufficiently bothersome to require attention, but not worth hating.

What have I gained by reporting on Brett Kimberlin, Schmalfeldt, and the rest? The satisfaction of standing up for free speech and standing between them some of the people they’ve tried to harass.

What has it cost? A better question would be what would have been the cost not shining some light on Team Kimberlin.

As for forgetting that Brett Kimberlin exists … I’m not done with him yet.

Team Kimberlin Post of the Day

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A member of the Vast Hogewash Research Organization reports that Bill Schmalfeldt couldn’t afford to stay retired and that he has rejoined Heartland Communications as a morning announcer on one of their stations licensed to Ashland, Wisconsin.

WATW is an 780 W AM station licensed Ashland on 1400 kHz. It broadcasts a classic country music format branded “Bay Country 101.3.” The station has a 250 W FM translator operating on 101.3 MHz.

It’s been several years since Schmalfeldt worked for Heartland.WJJH is another Heartland station.

Team Kimberlin Post of the Day

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Not only are the members of Team Kimberlin liars, the voices that they hear are liars as well. The TKPOTD for ten years ago today dealt with such lies.

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Cabin Boy Bill Schmalfeldt has been listening to the voices again.TS201309182123Z

Of course, I’d like to get out of any lawsuit as easily as possible, and I have offered to settle my portion of the Kimberlin v. Walker et al. suit for a payment to me from Brett Kimberlin of $1,000,000. If Kimberlin wants to get out of the hole he’s digging for himself on the cheap, he can accept my offer. Otherwise, the suit will have to go forward.

Oh, one more thing about that offer to settle … It’s good until my answer to Kimberlin’s complaint is filed with the court. Beyond that point, the case will be in my lawyers’ hands, and settlement is likely to be more expensive for Brett Kimberlin.

As for what anonymous blogger Kimberlin Unmasked is up to, I know generally what’s happening, but it will be much more fun to save that surprise for later.

Meanwhile, all the defendants in this farcical lawfare of Kimberlin’s have real lives in the real world. We will be tending to them and not spending much time chattering about a frivolous lawsuit on the Interwebz. Oh, we’ll be working together and with the attorneys to defeat the suit, but that won’t be the sum total of our lives. While I don’t expect any of us to waste time trying the case online, all of us will blog or tweet about it from time to time.

Stay tuned.

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Nothing proceeded as Team Kimberlin hallucinated.

Team Kimberlin Post of the Day

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The basic purpose of Brett Kimberlin’s lawfare was to censor truthful reporting of his past and present activities. He even tried to have keep sealed some of the false criminal complaints he filed so that he could not be used as evidence in lawsuits alleging he engaged in malicious prosecution. The TKPOTD for seven years ago today dealt with one such Kimberlin filing.

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I’ve mention in previous posts that The Dread Pro-Se Kimberlin is trying to keep as much of his past malicious lawfare covered up as possible. Thus far, Aaron Walker and I have had good success getting cases opened up so that their records can be used in the Walker v. Kimberlin, et al. and Hoge v. Kimberlin, et al. lawsuits. Earlier this month, Aaron was successful in getting the expungement vacated in the State v. Walker harassment case which resulted from one of TDPK’s perjured Applications for Statement of Charges filed in July, 2013.

Last week, TDPK filed this motion for reconsideration seeking to have the expungement reinstated.

This deserves some fisking.

The statement in paragraph 1 that Kimberlin “is the one who asked for this case to be expunged” is false. According to the case docket, the request for expungement came from the State’s Attorney’s Office simultaneously with their dropping the charge. Judge Wolfe expunged the case before any notice was sent to either Kimberlin or me on the disposition of the case. Indeed, Judge Wolfe stated during the hearing on Aaron’s motion that the State’s Attorney’s Office was the source of the request for expungement.

Also, Kimberlin is wrong that Art. 47 of the Maryland Constitution gives him any rights as the “victim of a crime.” First, the Maryland Constitution only has 19 articles. Second, Art. 47 of the Maryland Declaration of Rights deals with cases proceeding in the Circuit Courts. The 2013 State v. Walker case was in the District Court. Third, Kimberlin isn’t the victim of a crime as far as that case is concerned.

Paragraph 2 repeats the lie about “close to 400 criminal and civil legal actions …” Debunking it is becoming rather tiresome.

The assertion in paragraph 3 that Aaron’s potential use of the documents related to TDPK’s malicious prosecution of him somehow gives him standing to oppose the expungement amounts to an admission against interest.

Paragraph 4 is another lie. Although Kimberlin isn’t a party to the 2013 State v. Walker and wasn’t entitled to be served with a copy of the motion seeking to vacate the expungement, Aaron did serve a copy of the motion on Kimberlin. Moreover, TDPK writes about Aaron’s motion to vacate in the Kimberlins’ opposition to Aaron’s motions for summary judgment.bk_tk-opp-msj-4That opposition was filed on 12 August, a week before the hearing on Aaron’s motion. If Kimberlin had not been served, he would have had no way of knowing that a motion had been filed in an expunged case. Note that he lied to the Circuit Court by saying that Aaron had been unsuccessful when the motion had not yet been heard. Further, the case had not been sealed by the Circuit Court; it had been expunged by the District Court.

He’s in over his head.

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Of course, Kimberlin came up short with his motion.

Oh, and here’s Vigilans Vindex’s cartoon comment to the original post.

Team Kimberlin Post of the Day

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One of the important steps in suing someone is serving them with the various court papers required, especially the complaint which starts the suit. Ten years ago today, I ran this post titled At Your Service.

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A defendant must be served for a lawsuit to go forward against him. So far, Brett Kimberlin has been able to serve two of the defendants in his Kimberlin v. Walker et al. boondoggle in the Circuit Court for Montgomery County, Maryland. Aaron Walker and I have been served. The other three defendants have not.

Apparently, Kimberlin does not know where Stacy McCain and Ali Akbar live. I don’t either, at least, not exactly. I know generally where they live, but not their street addresses. Neither lives in Maryland. They aren’t hiding, but they have no obligation to make it easy for Kimberlin to serve them.

Of course, Kimberlin Unmasked hasn’t been served. Brett Kimberlin doesn’t know the identity of that anonymous blogger. Neither do I

I have been served, and as a Maryland resident my responses to the suit are due on a tighter schedule than the out-of-state defendants. That work is in process, and I intend to respond to the suit in a timely manner. Ken White has put up the Popehat Signal; I expect that will generate a great deal of interest in the case.

@BretbartUnmasked tweeted at me today that I should offer to settle the case out of court. I responded with an offer to drop the matter if Brett Kimberlin were to pay me a settlement of $1,000,000. That was not a facetious offer. If Kimberlin wants to get off on the cheap, he should take it.

UPDATE—I’ve been doing a bit of fact checking. Under Maryland Rule 2-121, service of process may be accomplished by “certified mail requesting: ‘Restricted Delivery—show to whom, date, address of delivery.'” The package sent to Stacy McCain was not mailed to his correct address, nor was it signed for by him. It is my understanding that service was not complete given those facts.

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Kimberlin could have made is life much easier if he’s accepted my settlement offer. I’m not done with him yet.

Team Kimberlin Post of the Day

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During his first couple of SLAPP LOLsuits against me and several other bloggers, Brett Kimberlin sought preliminary injunctions against my codefendants and me. The TKPOTD for nine years ago today looked at how that went for him.

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The Dread Pro-Se Kimberlin wanted a preliminary injunction in the Kimberlin v. Waker, et al. nuisance lawsuit that would have required Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me to take down everything we had posted on the Internet concerning him. His request was denied.

He sought permission to file a similar motion in the Kimberlin v. The Universe, et al. RICO Madness, but when he was told what limitations would be placed on his filing, he chickened out, saying that he would file yet another vexatious lawsuit and seek a preliminary injunction through it.
popcorn4bk

I now state for the record that I have decided to file a separate federal lawsuit against those defendants for conduct outside the current case, and I will file the preliminary injunction motion under that case number.

Go ahead. Make my day.

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Kimberlin kept trying to make good on his threat of “lawsuits for the rest of their lives.” He sued me again and again, and he lost every time because of his incompetence at putting together a competent legal complaint.

A man’s got to know his limitations.

Team Kimberlin Post of the Day

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While I was reviewing one of the archived versions of the breitbartunmasked dot com, I noticed this post from nine years ago today.The weedhire dot com website is gone and the domain registration is for sale.

Although he left the wholesale side of the marijuana trade in the over 40 years ago, it appears that The Deadbeat Pusher Kimberlin has maintained an keen interest in the industry.

Team Kimberlin Post of the Day

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

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

SOUND: Landline phone rings once.

JOHNNY: Johnny Atsign.

DEEP VOTE: (Telephone Filter) Good evening, Mr. Atsign.

JOHNNY: Oh, hello again.

DEEP VOTE: (Telephone Filter) I have some more information for you. Meet me at the usual place and time.

SOUND: (Called Party’s POV) Line hung up. Dial tone.

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

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Back in 2012, Brett Kimberlin created a pirate-themed website called the Bloggers Offense Fund. That led to his being referred to as The Dread Pirate Kimberlin. Eleven years ago today, I posted Dread Pirates Compared–Roberts v. #BrettKimberlin.

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The Dread Pirate Roberts, so the story goes, is a pirate of near-mythical reputation, someone feared across the seven seas for his ruthlessness and swordfighting prowess, and who is well known for taking no prisoners. Ships immediately surrender and give up their cargos rather than be captured, a fate they imagine to be certain death.

The Dread Pirate Kimberlin is more like a legend in his own mind, a pretender who wishes to be feared for his ruthlessness and legal ability and to be known for vanquishing all comers in court. Critics, he thinks, should immediately stop telling the truth about him and give up their First Amendment rights at his command.

It turns out that Dread Pirate Kimberlin’s legal acumen seems to be as fictional as Dread Pirate Roberts’ existence. And no one will surrender to Dread Pirate Kimberlin.

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As the mockery continued, Pirate became interchangeable with Pro-Se, Performer, Protestor, Protector, Perjurer, etc., and when Kimberlin failed to pay court-ordered sanction, Dread morphed into Deadbeat.

BTW, The Deadbeat Pusher Kimberlin is still the Speedway Bomber.

Team Kimberlin Post of the Day

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This episode of Blognet first ran nine 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 group of bloggers has been writing about the activities of a paroled domestic terrorist and his associates. He, in turn, had been seen stalking some of those bloggers, and photographs related to that stalking had been posted on the Internet. Your job … connect the dots.

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

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

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SOUND: Skype rings once. Receiver picked up.

JOHNNY: Johnny Atsign.

DEEP VOTE: (Telephone Filter) Good evening, Mr. Atsign.

JOHNNY: Yes?

DEEP VOTE: (Telephone Filter) I have some more information for you. Meet me at the usual place and time.

SOUND: (Called Party’s POV) Line hung up. Dial tone.

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

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Back in the early days of Brett Kimberlin’s lawfare campaign of brass knuckles reputation management, he attracted the attention of much larger media outfits than Hogewash!. This #BrettKimberlin Post of the Day ran eleven years ago today.

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I wonder what it’s like to have a reputation so bad that no further damage to it is possible.

Tick, tick, tick, tick, …

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The resurrected Gawker has taken no notice of Brett Kimberlin, but he’s still the Speedway Bomber.

Team Kimberlin Post of the Day

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Whenever the adverse parties in any of Brett Kimberlin’s LOLsuits sought to have a court compel him to comply with discovery requests, Kimberlin objected to being required to play by the Rules. Seven years ago today, I published one oppositions, and it was Strong Stuff!

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The Kimberlins strongly object to any continuance of the trial in the Walker v. Kimberlin, et al. lawsuit—especially if the delay is for the purpose of forcing them to comply with discovery.

The version I’ve posted to Scribd is what was served on Aaron Walker. Here’s the electronic docket entry for the Kimberlins’ strong opposition—398855v-di266

It was entered on the docket on 1 September.

Here’s the certificate of service from the version served on Aaron—di-266_certpopcorn4bkIt’s dated the 6th, five days after the strong opposition was entered on the docket. This discrepancy leads me to strongly suspect that The Dread Pro-Se Kimberlin has been diddling with service again and is about be caught again.

Everything is proceeding as I have foreseen.

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The comments to the original post were full of pointage, laughery, and mockification, including this cartoon from Vigilans Vindex—

Team Kimberlin Post of the Day

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This episode of Yours Truly, Johnny Atsign first ran nine years ago today. The “recent unpleasantness” mentioned is not the same as the present war.

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

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

OPERATOR: (Telephone Filter) Господин Atsign, Вот ваш звонок в Донецк.

JOHNNY: Cпасибо.

OPERATOR: (Telephone Filter) Идем дальше.

JOHNNY: Dimitri, it’s Johnny Atsign. Were you able to find the document?

DIMTRI: (Telephone Filter) Yes. The filing cabinet containing it escaped the fire. I don’t have the original, but I was able to photograph it.

JOHNNY: Great. Can you email it?

DIMTRI: (Telephone Filter) No. I mean photograph, as in film. In any case, I don’t have power for a scanner, but I’ll try to send the film roll out with a friend. You can get it developed. Meanwhile, I’m not sure how much longer the battery will last on this cell phone.

JOHNNY: Keep safe. And thanks.

DIMTRI: (Telephone Filter) OK, Johnny. I’m trying to keep a low profile, but things …

JOHNNY: Dimtri?

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

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This post from eleven years ago today discussed on of the consequences resulting from one failed bit of Brett Kimberlin’s lawfare. It was titled #BrettKimberlin Hoist By His Own Petard.

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When Brett Kimberlin went to court on Wednesday, he came out the loser. He had started the ball rolling by seeking a peace order against John Norton. At the end of the process, John Norton was free and clear, but Brett Kimberlin still had the peace order filed by Mr. Norton against him on the books. The expression hoist by his own petard comes to mind, and it fits especially well in this case.

You see, a petard is an explosive charge used to breach the gate or wall of a fortification. Back in the 16th and 17th centuries, a sapper would run up to the enemy wall, attach the bomb, and run away. If the petard’s fuze burned too quickly, the sapper could wind up flying through the air, thrown by the force of the blast—hoist by his own petard.

If the shoe fits, …

Tick, tick, tick, tick, …

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Heh.

Team Kimberlin Post of the Day

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Brett Kimberlin has set up two not-for-profit entities. One is a 501(c)(3) organization called Justice Through Music Project. 501(c)(3) entities are tax exempt and donations to them are tax-deductible. The other was a 501(c)(4) organization originally named Velvet Revolution US. 501(c)(4) entities are also tax exempt themselves, but donations to them are not tax-deductible. Kimberlin changed the name of Velvet Revolution US to Protect Our Elections/EMPR Inc. in 2017, and the IRS revoked its 501(c)(4) status in 2019.

For several years, Protect Our Elections/EMPR Inc. was involved with the operation of an English-language Ukrainian news site call EuroMaidanPR (empr dot media). The empr dot org URL now redirects to ukrainefrontlines dot org, but that site contains much of the earlier version of the site and contains links to the (at)EuromaidanPR account on X (TSMSFKAT).

While wandering through the new site, I found an opinion piece posted on 25 August entitled After Russia’s invasion of Ukraine, most Americans hate Russia, and I understand more about the difference between “dyakuyu” and “spasiba”. It’s bylined Kelsie Kimberlin. The article is a puff piece promoting her latest release, a song called Armageddon. The article quotes her as saying,

I write my songs myself, and often my dad helps me. It was he who helped me write “Armageddon” …

It certainly sounds as if he did.

Team Kimberlin Post of the Day

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Of all the despicable things Brett Kimberlin has done with his lawfare, his inclusion of Mandy Nagy as a defendant may be the absolute lowest. The TKPOTD from six years ago dealt with his including his appeal of the RICO Remnant LOLsuit.

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The Dread Pro-Se Kimberlin filed the RICO Retread LOLsuit against most of the defendants dismissed from the original Kimberlin v. The Universe, et al. RICO Madness LOLsuit in April, 2015, and I was dismissed from the Retread LOLsuit in April, 2016. Kimberlin voluntarily dismissed the remaining defendants, the National Bloggers Club, Patrick Frey, Ali Akbar, and Mandy Nagy, in June, 2016. TDPK then filed an appeal with the Maryland Court of Special Appeals naming the following appellees: the National Bloggers Club, Breitbart News Network, DB Capitol Strategies, Dan Backer, Patrick Frey, Lee Stranahan, Ali Akbar, Aaron Walker, and me.

So TDPK appears to be appealing his own voluntary dismissal of the National Bloggers Club, Ali Akbar, Patrick Frey, and Mandy Nagy. Mandy Nagy will probably never sufficiently recover from her stroke to be able to participate in her own defense. Continuing to go after her, especially after dismissing her from the case, strikes me as particularly despicable.

The Court of Special Appeals took the matter under advisement in late June. Normally, they take six to eight weeks to issue an opinion, so I hope we will have a ruling soon.

Stay tuned.

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Here’s the comment Vigilans Vindex left to the original post.

res_judicata_mugsBTW, Kimberlin lost his appeal. The Court of Special Appeals found “Kimberlin’s second lawsuit is, therefore, barred by res judicata.”

Res Judicata coffee mugs are available at The Hogewash Store.