Team Kimberlin Post of the Day

When a felon’s not engaged in his employment
Or perfecting his felonious little plans,
His capacity of innocent enjoyment
Is just as great as any other 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 the Saga, so a day off is in order.

Team Kimberlin Post of the Day

One of The Dread Deadbeat Pro-Se Kimberlin’s biggest legal mistakes was suing for defamation. As this TKPOTD from two years ago today reminds us, a court has now ruled that TDPK’s reputation is so bad that he is defamation proof, that is, there’s nothing that can be said or written about him that would cause a reasonable person to hold a lower opinion of him—

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I’ve been reviewing the collected Interwebz oeuvre of Team Kimberlin for an upcoming project, and I’ve found some stunningly stupid blithering. One particularly outstanding bit of drivel is a post by Very Ordinary Seaman Ferguson on his The Mockery Continues blog (No, I won’t link to it) called Brett Kimberlin Is Not Adolph Hitler. The post is from early February, 2014, before he became completely fixated on me, and it is a ill-informed critique of the first motion to dismiss filed by Michael Smith on behalf of Michelle Malkin in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit.

The Malkin motion argues, as did almost all the defendants’ motions to dismiss, that Brett Kimberlin is defamation proof, that is, his reputation is so bad that it can’t suffer further injury. VOSF thought (and may still think) that argument was bunk.

Your client isn’t being sued for telling the truth.
Expect your motion to be denied.

So far, the courts haven’t agreed with Ferguson. None of the motions to dismiss the defamation claim in the RICO Madness LOLsuit were denied. In fact, Judge Hazel dismissed that claim, albeit without prejudice. That allowed The Dread Pro-Se Kimberlin to refile the defamation claim in state court as part of his RICO Retread LOLsuit.

Of course, Michael Smith included the defamation proof argument in the motion he filed for Michelle Malkin and Twitchy in the state case, and Judge Mason found in their favor, ruling that

I will adopt the arguments of the defendants on their motion to dismiss[.]

popcorn4bkIOW, he ruled that Kimberlin is defamation proof. Thus, we can add that to the list of things that have been adjudicated against Team Kimberlin, and we can record another failed legal prediction for VOSF.

As another blog has pointed out, The Mockery Continues but not how he thought. Indeed, VOSF is a master of unintentional self-mockery. He wrote this just a few days before the Kimberlin v. Walker, et al. trial.

P.S. I’ll just go ahead and prepare you for the eventuality of Brett Kimberlin’s past being wholly irrelevant in this case. Don’t be surprised it barely rates a mention in court next Monday.

(The bad link is in his original post.) TDPK sued my codefendants and me because we had, in part, written about his past. In the Walker, et al. LOLsuit he couldn’t prove that what we had written about him was false. In the RICO Remtread LOLsuit the court has found that his past behavior renders him so odious that he can’t be defamed. TDPK’s past has been important in all the case that have come to court thus far.

Brett Kimberlin really needs to open a fresh can of PR flacks.

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The Gentle Reader should note that even though TDPK is defamation proof, there’s no reason to have to make up stuff about him. The truth is sufficiently devastating.

Cowardly Cowards Gotta Cower …

… and bluster and threaten. Like this—Let me save the Cabin Boy some bandwidth. My name can be found on the copyright notice appended to the site logo, and the rest of my contact information, including my home address and cell phone number, can be found on the DMCA tab in the menu just below the logo. If you want to know what stately Hoge Manor looks like, you can click here for a post that shows a picture Schmalfeldt has previously posted. If you need directions, click here.

If you call or email before you come, you’ll be met with coffee and snacks. Otherwise, …

The Gentle Reader may form his own opinion as to who is cowering.

Team Kimberlin Post of the Day

The Dread Deadbeat Pro-Se Kimberlin has tried to use discovery in his various cases to dig up dirt to spread about his enemies. However, he was not successful in breaching the seal on material from the Kimberlin v. Frey RICO Remnant LOLsuit, except for some innocuous emails he tried to use in the Hoge v. Kimberlin, et al. suit. He subpoenaed me for information in the Frey case. This TKPOTD from two years ago today shows how I responded—

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I have received the following subpoena:

I have provided the following response:

The redactions of the privilege log and one email are for the benefit of third parties not connect to the LOLsuit.

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That part of TDPK’s fishing expedition was pretty much a bust. Indeed, he was so unhappy that I couldn’t provide what he wanted that he filed a motion to have me held in contempt. That motion died when the court granted summary judgment in Patrick Frey’s favor.

Everything proceeded as I had foreseen;

Why Is The Cabin Boy™ Hiding?

Parties to a court action are required to keep the court informed of their current contact information, including their addresses. The Cabin Boy™ has a history of failing to live up to that obligation, so it’s not surprising that he hasn’t informed the U. S. District Court for the District of South Carolina (where he filed his Schmalfeldt v. Grady, et al. LOLsuit VIII: Avoiding Contact) of his present whereabouts. Here’s how PACER reported the case docket as of 12:30 ET this afternoon.The last change of address notice on the PACER docket is for his move to Ocean Blvd. in Myrtle Beach. He has moved again since then.

I wonder if The Dreadful Pro-Se Schmalfeldt knows what he’s really hiding from.

Or how ineffectively he’s doing it.

Team Kimberlin Post of the Day

Brett Kimberlin has spent a good deal of his time over the past five or six years suing people who he claims defamed him. He’s lost every one of those suit that he’s filed since 2012. Those of us who written about him recently weren’t the first to expose his activities as this TKPOTD from four years ago shows—

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Brett Kimberlin is suing four codefendants and me in a Maryland court for a million bucks for writing truthful things about him. He’s suing 20+ codefendants and me in federal court alleging that we formed a racketeering enterprise to spread lies about him. Back in 1996, Mark Singer published an authorized biography of The Dread Pirate Kimberlin called Citizen K. This passage is from page 78—

Eyebrows levitated. A drug-dealing colleague had memories of conversations with Kimberlin that struck him as odd: “We’d see a girl who was pubescent or prepubescent, and Brett would get this smile and say, ‘Hey, what do you think? Isn’t she great?’ It made me very uncomfortable.” Another recalled Kimberlin introducing Jessica as “my girlfriend,” and if irony was intended, it was too subtile to register. To a co-worker at IU-PUI, Sandi confided that Kimberlin was “grooming Jessica to be his wife.” To another, Sandi explained that though Kimberlin’s relationship with Jessica was chaste, he intended “to wait for her and would marry her.”

“Jessica” was a middle-school age girl at the time. Sandi was her mother.

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Even though stories about the sexual exploitation of young girls by older men is one of the hot topics in the news these days, the Gentle Reader should not expect to see any coverage of Brett Kimberlin’s history over at Breitbart Unmasked Bunny Billy Boy Unread.

Team Kimberlin Post of the Day

The Cabin Boy™ is a lousy liar and an even worse forger. His incompetence invariably leads to his being caught—as this post from a couple of years ago today pointing out that  A Retraction is in Order demonstrates—

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The Cabin Boy™ published this tweet roughly 24 hours ago—TheMerryWidower201511180643ZThis tweet states as a fact that I created the “flaw” in the version of the email header used in my reporting, that I altered what Schmalfeldt had originally published. Over the past day, it has been demonstrated that the image I published was a true and correct copy of the image attached to the Cabin Boy’s™ original tweet. Further, it has been established that the images on his blog were changed shortly after my TKPOTD published yesterday. He tried to fix his problem but failed, and he got caught.

It is now abundantly clear that my reporting was accurate. It is also clear that Bill Schmalfeldt lied. He knowingly misrepresented the facts concerning the provenance of the email header and shamelessly attempted to alter the files on his blog to try to cover up his malfeasance. And he lied by claiming that I had manipulated evidence.

I don’t believe that the Cabin Boy™ is ashamed of what he did. If he feels any sorrow, it is for being caught and not for having lied. It is, therefore, unreasonable to expect an apology. However, it is not unreasonable to demand a retraction. Bill Schmalfeldt should prominently post a statement on the home page of his blog admitting that he lied about my report. He should also post a sticky tweet at the top of his timeline making the same admission. Also, on both the blog home page and the sticky tweet he should admit to altering the email header.

Do I believe that Bill Schmalfeldt will do the right thing? No. I don’t. That would require a level of honor and honesty that I do not believe he possesses.

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Damon Runyon once noted, “The race is not always to the swift nor the battle to the strong, but that’s the way to bet.” If he were alive to day, he could safely bet against the Cabin Boy™ doing the right thing.