Team Kimberlin Post of the Day

This episode of Blogsmoke first ran seven years ago today.

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BlogsmokeSOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICHOCHET

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

It was eight years ago this month that Matt Osborne put up a lame joke post at Breitbart Unmasked titled Blogsmoke: William Hoge Is The Sheriff of Twitter Town. (That post was still up as of 11pm ET last night, but, no, I won’t link to it.) I responded with a series of posts patterned after the old CBS radio series Gunsmoke. Here’s Episode 9, which first ran eight years ago today.

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Blogsmoke

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

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

When a felon’s not engaged in his employment
Or maturing his felonious little plans,
His capacity of innocent enjoyment
Is just as great as any honest man’s.

There are no posts planned for the next 24 hours concerning Team Kimberlin. Even an avowed atheist with no one to be thankful to deserves a quiet and peaceful Thanksgiving Day. There will be more days ahead during which we can consider their story, so a day off is in order.

Team Kimberlin Post of the Day

Team Kimberlin often projects their own motivations and behaviors on to others. For example, they claim that others are victimizing them with “false narratives” when it is they who tell lies and engage in forgery and perjury.

Speaking of false narratives, here’s one that Bill Schmalfeldt published during one of his turns as editor of Breitbart Unmasked four years ago today.

Team Kimberlin Post of the Day

Brett Kimberlin routinely filled his court filings with extraneous material, possibly because doing so allowed them to say things he imagined made his enemies look bad in a privileged environment. The TKPOTD for seven years ago today was about one such silly claim he made.

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One of the reasons that The Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness ran way over the 50-page limit established by the Court’s Local Rule is that he include a lot of extraneous material that doesn’t support his case. Consider this:ECF 135-33TDPK never explains how anything Team Themis might have done is in anyway connected with any defendant in the RICO Madness. If he could prove that any tortuous conduct occurred, he should sue Team Themis, the U. S. Chamber of Commerce, and the FBI. Not us.

However, since he brings up the subject, take a look at the list of “targets.” Brett Kimberlin and Brad Friedman are the co-founders of Velvet Revolution US, and Friedman is one of its directors. Justice Through Music and Velvet Revolution are the two not-for-profits that provide Kimberlin his day-to-day employment. Stop the Chamber is a fund raising activity operating under the wing of Velvet Revolution.

Hmmmm

Meanwhile, the timer is ticking down on TDPK’s omnibus opposition to the motions to dismiss the RICO Madness. It’s due two weeks from tomorrow.

The contest to spot TDPK’s truly magnificent error in his motion for a new trial in the Kimberlin v. Walker, et al. case is still running. There have been some great entries, but no one has found what Aaron Walker noticed. Yet.

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res_judicata_mugsAs I type this post, I’m drinking Irish coffee out a the mug that no one won in that contest.

None of the Gentle Readers picked up on the fatal flaw in Kimberlin’s case.

It’s really quite simple. In order for a statement to be defamatory, it must be false. Although Kimberlin kept saying that it was defamatory to call him a pedophile, he never once said that he was not a pedophile.

Was he afraid of perjury trap?

Team Kimberlin Post of the Day

The TKPOTD for eight years ago today dealt with a recurring theme in the false narrative Brett Kimberlin is still trying to spin in support of his present case in the Seventh Circuit Court of Appeals trying to overturn some of his Speedway Bombing convictions.

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Mark Singer spent four years researching Brett Kimberlin while writing Citizen K. One of his conclusions was that Kimberlin exploited the tiniest perceived crack in the details of a story in order to spin things his way. On page 323, Singer reviews Kimberlin’s defense during his third bombing trial.

[I]t was those flaws that empowered Brett Kimberlin to obscure the truth. He did his cleverest  work in the interstices, and I spent months wandering through his disclaimers and prevarications before deciding, finally, that this was a case of homework, along with truth, being eaten by the dog, pissed on by the cat, and buried in the backyard. In Kimberlin’s case, the scenario was: I didn’t do the bombings; my brother Scott did, or else his friend Scott, or maybe my brother’s friend Joe. Besides, it wasn’t really bombings that put me in prison, but a right-wing political conspiracy. The government is corrupt, and I’ve always been a prisoner of war. If the eyewitness, Lynn Coleman, lied, then everybody else is a perjurer. If hypnosis witnesses were impeachable, the entire case is a dishonest confection.

When Kimberlin delivered a similarly sanctimonious oration at his sentencing hearing, he apparently believed in his innocence. At the end of the day, I decidedly did not.

Mark Singer isn’t the only person who sees Brett Kimberlin as someone estranged from the truth. TDPK is suing four codefendants and me in a Maryland state court for a million bucks because we have written truthful things about him. He’s also suing 20+ codefendants and me in federal court alleging that we formed a racketeering enterprise to defame him. You can help us fight back against this attack on our First Amendment rights. Go to BomberSues Bloggers [expired link. Thank you to everyone who support my codefendants and me!] to find out how.

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Watch is space for coverage of Kimberlin’s appeal.

Team Kimberlin Post of the Day

Even after being told that there was no “journalism” exception to the Maryland peace order statute, Bill Schmalfeldt continued to contact me. He then tried to claim his use of Twitter wasn’t a form of contact. This Prevarication Du Jour from eight years ago today dealt with one of his attempts to spin The Narrative in his own favor.

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Bill Schmalfeldt thinks he’s found perjury in the Applications for Statement of Charges that I have filed.WMSBroad201311211303Z

He must not have looked very hard. The second tweet listed in the first Application appears to be his part of this exchange taken from the @LobotomyRadio timeline.LR201310220101ZThat’s pretty good evidence that the Cabin Boy sent his tweet by clicking the Reply button at the bottom of @LNSmithee’s. Here is Twitter’s definition of a @reply:Twitte_@replyThus, we see that my allegation that Bill Schmalfeldt was using both @mentions and @replies is supported by evidence.

UPDATE—Yes, indeed, Gentle Reader, the Cabin Boy wants us to believe that he didn’t use the reply button on this tweet to generate his tweet addressed to the accounts in the Reply to line shown here. @LNSmithee201310220100ZDo you believe that it’s just a coincidence that the addresses on the Cabin Boy’s tweet are exactly the same accounts in exactly the same order with exactly the same capitalization as would have resulted from hitting the Reply button on the tweet he was commenting upon?

Neither do I.

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Schmalfeldt managed to pick up a dozen restraining orders in five states before he decided to give it a rest.

Team Kimberlin Post of the Day

The TKPOTD for this date last year was about an article posted back in 2017 at protectourelections dot org. Here’s a screenshot of the article.Although a large number of posts have been taken down from the website, this one is still up. I suppose this could either mean that The Dread Deadbeat Protector Kimberlin is seriously concerned about election hacking by foreigners (Dominion Voting Systems is a Canadian company).

Hmmmm.

Team Kimberlin Post of the Day

Here’s a status report on some of the members of Team Kimberlin.

The Dread Deadbeat Pirate/Pro-Se/Publisher/Performer/Perjurer/Etc. Kimberlin is keeping a low profile on the Interwebz. Almost all of this web domains haver disappeared. With a couple of exceptions, what little remains hasn’t been well maintains for years. He’s been in court over the past few years in a frivolous attempt to overturn some of his Speedway Bombing convictions and has a couple appeals going in the Seventh Circuit.

First Mate Neal Rauhauser missed his million-dollar payday in Texas and is still hiding.

Cabin Boy Bill Schmalfeldt has finally managed to hold a job past the probationary period and is working as the morning DJ at a small town AM station that is not authorized to operate with as much transmitter power as my ham radio station.

57F Matt Osborne has managed to get himself permanently banned from Twitter.

This is the way the world ends
This is the way the world ends
This is the way the world ends
Not with a bang but a whimper.

The Hollow Men, T. S. Eliot

Team Kimberlin Post of the Day

Brett Kimberlin wound up including me as a defendant in four of his bogus defamation LOLsuits. Only one, the first, Kimberlin v. Walker, et al., got some of its claims as far as a trial, and that trial was stopped with a directed verdict in the defendants’ favor before we had to put on a defense. You see, The Dread Deadbeat Pro-Se Kimberlin failed to offer evidence that we had defamed him. With no evidence he had no case.

Four years ago today, I posted some news In Re Kimberlin v. Walker, et al., about Kimberlin filing a motion for a new trial.

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The Dread Pro-Se Kimberlin wants a second bite at the apple. He’s filed a motion for a new trial in the Kimberlin v. Walker, et al. nuisance lawsuit. The Gentle Reader may remember that the judge stopped the trial and directed a verdict in favor of us defendants after TDPK rested his case.

Our lawyer will file our reply to this motion. For now, all I have to say is that I consider it to be frivolous.

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The motion wasn’t granted, and Kimberlin’s appeal failed when the Court of Special Appeals upheld the Circuit Court’s verdict.

The elements of the tort of defamation are:

1. That a false statement was made to
2. One or more third parties;
3. That the statement was made negligently; and
4. That the defamed person suffered damage.

We defendants admitted to some (but not all) of the things Kimberlin claimed we said or wrote about him and that the statements were made to third parties. He never offered any evidence that anything we said or wrote was false. With no evidence of falsity there was no possibility of a viable defamation claim. The judge ended the trial without ever reaching the question of negligence (even if it’s negligent, a true statement can’t be defamatory) or damages.

Kimberlin should have taken his loss and been done with his LOLsuits. He didn’t, and it cost him. The lawfare eventually did get around to the question of damages in a later case, and the fact his reputation as Speedway Bomber was so bad that he couldn’t be defamed was one ground for dismissal of that suit for failure to state a claim upon which relief could be granted. So now a court has found Kimberlin defamation proof.

Team Kimberlin Post of the Day

This episode of Blognet first appeared four years ago today.

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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 copyright troll has attempted to register a copyright on a work consisting of material plagiarized from bloggers. 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

Copyright law has not been kind to Team Kimberlin, especially Bill Schmalfeldt. The TKPOTD for four years ago today dealt with one of the many times his lack of understanding hurt him.

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Gentle Reader, that reminds me of this post On Copyrights from 24 November, 2015—

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I was rereading Confessions of an Undercover Internet Troll, and noticed something interesting about how the blog described in the book got started. The character known as Hoggy hired the author to write the blog, offering to pay him with a cut of money raised via Hoggy’s tip jar. If that’s true, then all of the TMZ blog posts contained in the book should be work-for-hire and, therefore, should belong to Hoggy.

Hmmmmm.

UPDATE—After my conversation with CreateSpace this morning, this is what searching for the Cabin Boy’s™ book turned up on Amazon at 12:15 ET this afternoon.Amazon_Confessions_20151124

Hmmmmm.

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A man’s got to know his limitations.

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Self-awareness isn’t one of their strong points, is it?

Team Kimberlin Post of the Day

The post about Why I Blog first ran four years ago today.

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Because I want to.

More specifically, I took up blogging as a hobby when I was in my mid 60s and approaching retirement. I thought it would be an interesting way to use some of the time that would not be taken up by a day job. I decided to write about stuff that interested me, and if some folks wanted to read it, then the blog would pick up followers. I didn’t expect to monetize the blog.

One of the things that interests me is First Amendment issues, and writing about one incident wound up changing the nature of Hogewash!. That incident was the patently unconstitutional gag order that Brett Kimberlin received against Aaron Walker. It was a local story, so I covered it. And I kept covering The Dread Deadbeat (Pirate) (Performer) (Pedo) Pro-Se Kimberlin as he waged lawfare against various bloggers and mainline media people and organizations who wrote about him. That, in turn, made me a target of Kimberlin and his fanboys, especially Bill Schmalfeldt, and their targeting of me made me part of the story I was covering.

Things haven’t worked out as I expected when I stated Hogewash! in 2011. For the past five years, the bulk of the blog has dealt with Team Kimberlin. That coverage has caused multiple lawsuits, false criminal charges, and a bogus peace order petition to be filed against me, and I’ve monetized the blog to help defray the legal expenses incurred. (BTW, thank you to those who have supported that effort.) While that lawfare is mostly over and settled in my favor, there’s still some to go. Eventually, TDPK and his band of cyberthug wannabes will have lost their final bit of lawfare and will have poisoned their own online reputations via a version of the Streisand Effect on steroids that should be renamed for Brett Kimberlin. Then, I’ll be able to get back to spending more time on other things that interest me.

Oh, two more things …First, it looks as if enough Reality has sunk into the vacuum between the Cabin Boy’s™ ears that he is starting to understand that is more likely that LOLsuit VIII will be dismissed than survive.

Second, the only online use anyone has for Bill Schmalfelt now is as an object of pointage, laughery, and mockification. I will continue to write about him to the extent I find it useful as coverage of Team Kimberlin winds down, but there are now blogs that specialize in keeping track of him, and they are welcome to him.

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Yes, I’m still doing these TKPOTDs. While Kimberlin’s presence on the Internet has deteriorated to a handful of irrelevant wastes of bandwidth, he’s still engaging in lawfare in the form o his specious appeals of some of his Speedway Bombing convictions. And not every loose end of the previous decade has been tied up yet.

I’m not done with ’em yet.

Team Kimberlin Post of the Day

Many of my favorite Team Kimberlin posts have been titled Qapla’. This one is from five years ago today.

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More good news—another defendant is dismissed from the RICO 2 Retread LOLsuit.

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If winning is not important, why keep score?

—Klingon Proverb

Team Kimberlin Post of the Day

The Gentle Reader who has heard any of the alleged music created by Team Kimberlin (Bill Schmalfeldt’s parody songs, Brett Kimberlin’s music videos, or Willam Ferguson’s technocrap) may find it difficult to believe that there have been occasional bits of good music associated with The Saga of Team Kimberlin. Seven years ago today, I ran this post about The Sorcerer’s Apprentice.

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Last night, I was running iTunes in random mode when The Sorcerer’s Apprentice by Paul Dukas came up. The first time I can remember hearing that piece was when I saw the movie Fantasia at the Tennessee theater in downtown Nashville back in the ’50s. The work is a symphonic poem that tells the story of Goethe’s poem Der Zauberlehrling. You probably know the story: Rather than do his chores the old fashioned way, a young apprentice tries to use magic. He loses control of his enchanted broom but is saved in the end when his master returns and sets things right. Mickey Mouse plays the apprentice in the Disney version.

But back to my story …

I didn’t initially realize what was playing in the background because I was concentrating on writing today’s Team Kimberlin Post of the Day. When I did notice the music, it struck me as somewhat related to what I was writing. The post was about Bill Schmalfeldt’s bumbling attempts at lawfare. He’s tried to use lawfare as an easy pushback against the various attempts to hold him accountable for his online harassment and cyberthuggery. Yet, each time he tries something, the legal waves break higher and higher against him.

One wonders—will his master save him?

Probably not.

His master has been no more successful in the long run with his lawfare. Team Kimberlin’s performance, by master or apprentice, can’t even be described as “mickey mouse.”

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Yeah, Acme isn’t a Disney thing, is it?

Team Kimberlin Post of the Day

Brett Kimberlin is truly an incompetent litigator. Here’s a selection from the Kimberlin v. Walker, et al. trial transcript where he asks Aaron Walker a question which undermines one of the bases for Kimberlin’s defamation claim against Aaron.Yep, he really asked that question.

Team Kimberlin Post of the Day

Team Kimberlin’s basic plan of pro se lawfare conducted on the cheap conducted on the cheap was originally the brainchild of First Mate Neal Rauhauser, and Rauhauser’s attempt and securing a million dollar judgment may just be the most spectacular failure of his scheme. Three years ago today, I was able to report Everything Is Proceeding As I Have Foreseen.

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Don’t mess with Texas.

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I seems a just outcome when a deadbeat dad’s brainchild turns on him.

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 phone rings once.

JOHNNY: Johnny Atsign.

LT. BRADSHAW: (Telephone Filter) Atsign, it’s Bradshaw.

JOHNNY: Why, Lieutenant, to what do I owe the honor once again?

LT. BRADSHAW: (Telephone Filter) Cut the sarcasm, Atsign. Look, I called to say, “Thanks,” for that help last week.

JOHNNY: Oh. Well, in that case, “You’re welcome.”

LT. BRADSHAW: (Telephone Filter) If you’re headed down to Annapolis and Baltimore any time soon, I’d like to ask for another couple of favors.

JOHNNY: As a matter of fact I am. What’s on your mind?

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

Brett Kimberlin has asked the Seventh Circuit Court of Appeals to provide him with freebie lawyers to file an amicus brief and handle oral argument on his behalf in his current appeal seeking to overturn some of his Speedway Bombing convictions. That may be a sign that he’s come to understand how incompetent his pro se lawyering has been over the past decade. The TKPOTD for seven years ago today dealt with one of his blunders in the RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin seems to be grasping at straws in order find some evidence to support his bogus and vexatious Kimberlin v. The Universe, et al. RICO Madness. He’s not even finding enough straw to make a tiny straw man to argue with. This is from his latest letter to the court.ECF 222-p2Pretend for the sake of discussion that some or all of the crackpot ideas advanced in that paragraph be true.

So what?

None of it is alleged in the second amended complaint. The court has already ruled that there will be no further amendments, so TDPK has to run what he brung. Kimberlin filed a lawsuit naming a blog called “Ace of Spades” as a defendant. He didn’t sue the blogger known as “Ace.” He didn’t sue the blog known as Ace of Spades HQ either.

PreparationH96ctThe self-inflicted butthurt is strong with this one. But relief is possible.

Stay tuned.

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There are still a few squares left on the pool calendar in the break area for the date the current appeal is denied.

Team Kimberlin Post of the Day

This episode of Yours Truly, John Atsign first ran five years ago today.

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

SOUND: Skype rings once. Receiver picked up.

JOHNNY: Johnny Atsign.

ZOMBIE: (Telephone Filter) Hey, Johnny. It’s Pete Candler.

JOHNNY: What’s up, Pete?

ZOMBIE: (Telephone Filter) I’m having a bit of a computer problem that I think you might be able to help me with.

JOHNNY: Well, I’m not much of an IT guy …

ZOMBIE: It’s not strictly a technical problem, and you may know where to find a solution.

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

It was eight years ago today that I posted about Team Kimberlin’s crackpot legal theories being advanced to support Bill Schmalfeldt’s attempt to get the first of a dozen restraining orders overturned. The running gag here at Hogewash! has been that Team Kimberlin get their legal advice from the same company that sells all those fine products to a certain coyote. No matter how hard Acme Law Fights Back, Reality keeps crushing Team Kimberlin in court.

* * * * *

Apparently, Acme Legal is trying to find a way to combat the dreaded res judicata.Acme-Disintegrating-Pistol

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No wonder Brett Kimberlin keeps asking for a court to appoint a real lawyer to handle his Speedway Bombing appeals.

Team Kimberlin Post of the Day

From time to time, Brett Kimberlin would offer rewards of $100,000 or more for information about election fraud or other things his not-for-profits were “investigating.” Bill Schmalfeldt also offered fake rewards, but they were never so grandiose. Six years ago today, I claimed one the Cabin Boy’s™ reward, but he reneged on the offer.

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wms201511060015Zwms201511060017ZI hereby claim half the reward. The other half should go to Brett Kimberlin for outing me in his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit complaint.ECF 1-58

I should get my share for verifying my address and phone number. They are are 20 Ridge Road, Westminster, Maryland  21157, and (410) 596-2854. Since I don’t have a SEEKRIT SITE, I cannot provide a non-existent password.

Failure to pay the reward forthwith will be considered proof by the Cabin Boy™ that The Dread Pro-Se Kimberlin is lying in his complaint.

UPDATE—rsmccain201500060103Z

UPDATE 2—The Cabin Boy™ has verified in a comment below that he won’t honor his reward offer. Furthermore, under the conditions outlined above, he appears to confirm that Brett Kimberlin lied in his RICO 2 complaint.

UPDATE 3—Perhaps the Gentle Reader is wondering why the Cabin Boy™ offered the reward. One might guess that he feels flush with insurance cash, but I don’t think that’s the reason. I think he’s taken a page out of the Team Kimberlin playbook of offering a reward with no intention of paying. I’ll bet he believes that the “reward” gives him a basis for saying that some anonymous person ratted out [insert harassment target’s name here] as Krendler and that it provides cover for his next faildox.

* * * * *

In fact, Kimberlin was lying. I am not now and I have never been Paul Krendler.

Team Kimberlin Post of the Day

Brett Kimberlin wanted to be famous, but his crimes made him infamous. The TKPOTD for seven years ago looked at one his complaints against this blog in the first RICO LOLsuit he filed against me.

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The Dread Pro-Se Kimberlin doesn’t like the publicity he has been receiving here at Hogewash! in connection with his ongoing lawfare and shutuppery. This is from one of his filings in the Kimberlin v. The Universe, et al. RICO Madness.ECF 49-1Brett Kimberlin had the opportunity to prove that this blog had defamed him by publishing false information. He was unsuccessful, so that matter is settled. Hogewash! has not defamed him. Rather, this blog has published truthful information about him. Of course, it is possible that TDPK finds the truth intimidating, but that’s not my problem.

I kinda like the “threats of doom” hyperbole. However, Hogewash! has never threatened Brett Kimberlin with doom. I have from time to time offered my opinion that I didn’t expect Kimberlin to be successful in his lawfare, and my batting average isn’t too shabby. The unconstitutional gag order against Aaron Walker was thrown out. The peace order underlying that gag order was overturned on appeal. TDPK’s appeal of another quashed peace order against Aaron was denied. He wound up having drop his peace order against John Norton in order to avoid a perjury trap. The harassment charges he filed against Aaron and me were nolle prosed by the Montgomery County States Attorney before we could even be served. And the Kimberlin v. Walker, et al. nuisance suit was a spectacular failure.

I haven’t done anything to chill Brett Kimberlin’s right to redress through the courts. Yet. However, I believe that he is a vexatious litigant, and I am seeking to have him adjudicated as one. Even then, he won’t lose his right of redress. He will simply have to have a magistrate judge screen his complaints prior to filing.

Brett Kimberlin is a whiny loser.

* * * * *

Describing Kimberlin as whiny is accurate. As I noted in a review of his CD Nothing Else

Let me first comment on Mr. Kimberlin’s voice. I had heard his speaking voice in court, and I understand why some people refer to it as whinny. His singing voice reminds me of the silly voice that Weird Al uses on tracks such as Eat It. Mrs. Hoge, who listened through the CD with me, said, “Eddie Haskell.”

Team Kimberlin Post of the Day

There’s been some movement in Brett Kimberlin’s two appeals attacking some of his Speedway Bombing convictions. Kimberlin had filed motions in the first case asking of the Seventh Circuit Court of Appeals to appoint a freebie lawyer to handle oral argument in the case, to appoint another freebie lawyer to file an amicus brief supporting Kimberlin, and to combine that appeal with a second one he has filed. The court denied all three motions.

The court has also set a briefing schedule for the second appeal.

The Gentle Reader may have seen the Scheduling Notice at the bottom of the Briefing Order. It says that arguments for criminal appeals are usually put on the courts schedule “shortly after the filling of the appellant’s main brief.” Kimberlin filed his main brief in July, and the case hasn’t been scheduled for oral argument yet. That could mean that the court is busy and hasn’t found a slot for the case yet. It could also mean the the judges believe the case can be decided on the arguments presented in the briefs—which could explain the denial of Kimberlin’s request for a lawyer to handle oral argument. Similarly, the judges may see that law is sufficiently well defined by the briefs and case law that an amicus brief wouldn’t be helpful. Finally, the court may see the issues raised in the two appeals as sufficiently different to require them to be considered separately.

The ball’s in the court’s court.

Stay tuned.

UPDATE—It would seem that these appeals must have sufficiently distracted Kimberlin that he dropped the election protection ball in Virginia.