Team Kimberlin Post of the Day


Wrong and wronger. That’s probably the best way to describe the “mockery” to which one member of Team Kimberlin, Very Ordinary Seaman Ferguson, tried to subject many of the defendants in The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits, especially me. Of course, the proper response was to make Ferguson the object of pointage, laughery, and mockification based on his silly claims. This Prevarication Du Jour from five years ago today is an example of such pushback.

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wilsb8_201310220313ZVery Ordinary Seaman Ferguson thinks that I have a bigger problem now, does he? I suppose he thinks that the two marvelously deficient lawsuits that The Dread Pirate Kimberlin has filed against me are big problems.

They are, but not for me.

If by some chance either of the suits survives a motion to dismiss, Brett Kimberlin will have to answer a lot of questions during discovery, and he will provide discovery this time. Because if he doesn’t, that will be grounds for dismissal. So either each suit is dismissed, or Kimberlin is subject to discovery, or he ducks discovery again and each suit is dismissed.

Of course, I suspect that one or more of the defendants in either or both of the suits will have counterclaims, and they will likely multiply after discovery. Also, I suspect that one or more of the defendants in either or both of the suits will be adding parties as part of their counterclaims. If I were a member of Team Kimberlin, I’d … no, I not gonna give ’em any advice.

The lawsuits aren’t a problem. They’re a golden opportunity.

I’m reminded of a line from the movie Patton.

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The one suit against me that made it past motions to dismiss resulted in Kimberlin being sanctioned for playing games with discovery. And then he lost the case at trial. All his other lawfare failed on motions to dismiss or a motion for summary judgment.

And the pointage, laughery, and mockification continues.

Team Kimberlin Post of the Day


While much of the time dealing with The Dread Deadbeat Pro-Se Kimberlin’s lawfare has been a pain in the neck (or a couple of feet lower), some aspects have been amusing. The TKPOTD from a year ago today provides an example.

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Consider the following scenarios.

The Dread Deadbeat Pro-Se Kimberlin receives an order from a court of appeals saying that he needs to file a certificate of confidentiality, but he doesn’t know exactly what that means, so he screws up his paperwork. In that case, he will not have obeyed the court’s order, and his appeal is likely to be dismissed because he failed to perfect it.

Now, suppose someone tips him off to the actual requirements for a certificate of confidentiality with just enough time left to put in the extra effort to file a proper certificate. TDPK might decide to spend a day or two finding all the information needed and drafting a proper document.

In the first case, TDPK winds up losing. In the second case, TDPK puts in a lot more work and still winds up losing because his appeal lacks any merit. Both scenarios have the same ending, but one is more … um … entertaining. Once in a while, it’s useful to educate a midget or a monkey.

I need to check on that popcorn order.

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Yep. TDPK wound up losing. Every single case he brought since 2012. All of ’em.

Team Kimberlin Post of the Day


It was five years ago last Monday that The Dread Deadbeat Pro-Se Kimberlin filed his second LOLsuit (of four) against me, the Kimberlin v. National Bloggers Club, et al. RICO Madness case. Because the list of codefendants quickly expanded to a couple of dozen, I often mockingly referred to the suit as Kimberlin v. The Universe, et al.

It took about a year-and-a-half to finally get the court to grant my motions to dismiss. During that year-and-a-half, I didn’t attempt to try the case on the Internet, but I did take every opportunity to point out TDPK’s public errors and to engage in as much pointage, laughery, and mockification directed at him as possible. The TKPOTD that ran five years ago today was an early example of my holding Kimberlin accountable for his attacks on the First Amendment.

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I don’t intend to conduct my defense of either of the frivolous and vexatious lawsuits Brett Kimberlin has filed against me on the Internet. That will happen in court should either suit survive a motion to dismiss. However, without discussing the merits of the cases, I will point out some obvious misrepresentations of the facts contained in Kimberlin’s complaints.

Here’s a clip out of paragraph 56 of The Dread Pirate Kimberlin’s Kimberlin v. The Universe, et al. RICO suit.RICO_lie_56ACondemned Judge Vaughey? I won’t speak to the contents of the writings of others, but I will stand up for what I published. (I will note that Aaron Walker and Patrick Frey are lawyers and have a general understanding of the consequences of threatening a judge and that Lee Stranahan is a responsible journalist.) The Gentle Reader may find everything I’ve posted that mentions Judge Vaughey by typing Vaughey as the search term in the box on the upper right of this web page.

Go ahead. Do it. Read the posts. I’ll wait for you to come back …

It’s pretty clear that I disagreed with his ruling. So did the Circuit Court when the peace order was appealed. It’s obvious that I made fun of him. But I did not condemn him personally, and I did not encourage anyone to threaten him or invade his privacy.

I don’t know whether or not anyone threatened Judge Vaughey or invaded his privacy. If someone did, I do condemn that. However, judges are public officials and their public actions are not immune from criticism by the media, and that includes blogs. Kimberlin is engaging in a frontal assault on the First Amendment that needs to be … I was going to type stopped, but crushed is more accurate … that needs to be crushed. His campaign of lawfare as a method of brass knuckles reputation management must end.

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After a dozen or so recent attempts at pro-se lawfare, almost half of which were directed at me and all of which failed, TDPK has effectively been laughed out of court.

However, there are still some open issues, and I’m not done with him yet.

Team Kimberlin Post of the Day


One of the more entertaining aspects of Cabin Boy™ Bill Schmalfeldt’s Internet antics are his occasional Twitter rants that have come to be known as feltdowns. A year ago today, I posted this Legal Lulz Du Jour about what wound up being a feltdown trifecta and a great source of pointage, laughery, and mockification.

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The Cabin Boy™ had a Feldtdown on the Twitterz this afternoon. It seemed to have something to do with the VA freezing his bank account as a the result of an investigation of an allegedly fraudulent claim. Schmalfeldt seems to think that the VA is going to identify the person who filed the complaint.I wouldn’t bet on the Cabin Boy finding out who complained to VA. Most such complaints are made anonymously, and according the VA Inspector General’s website, the VA is prohibited by 5 U.S.C. 552a from divulging the name of the complainant to the person who is the subject of the complaint.

It would be very unusual for the VA to resort to a bank levy without first contacting the person who they believed had been overpaid or paid in error. Yet, the Cabin Boy™ seems to have been surprised by his account being frozen.

Hmmmmm.

UPDATE—This post seems to have spurred Feldtdown 2.0 during which the Cabin Boy™ now says that his bank account wasn’t frozen. If it wasn’t frozen, why did he need to contact his bank? Doesn’t he have a copy of his account number? It’s printed on his checks. It’s printed on his account statements.

Further, why would the VA need his bank account number? Whenever I’ve dealt with the VA, they’ve IDed me though my Social Security Number.

Hmmmmm.

UPDATE 2—And the UPDATE triggered Feldtdown 3.0 in which the Cabin Boy™ offered a theoretical example of contacting NASA with false information about me. After having cooperated with the NASA IG and NASA Facilities Protection Division on investigations resulting from false complaints made about me, I’ll simply say that the information from the VA IG that I cited above is consistent with my experience.

I’ll also note that it would be most unwise for the person or persons who made false complaints about me in 2014 and 2015 to ever do so again.

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I couldn’t make something like that up if I tried, but I sometimes wonder if the Cabin Boy™ thinks he’s being clever when he creates such nonsense.

Team Kimberlin Post of the Day


Much of the stale and worn-out material cluttering the colossal wastes of bandwidth that are The Dread Deadbeat Publisher Kimberlin’s websites would have been taken down years ago by someone who was running legitimate sites. This outdated notice is still posted at huntonandwilliamswatch.org.The Dread Deadbeat Pro-Se Kimberlin lost the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit over two years ago, and he lost the subsequent appeal to the Fourth Circuit Court of Appeals. In fact, he was sanction for frivolously including me in that appeal.

I’m beginning to wonder if he’s leaving all this detritus up because he enjoys being the subject of continuing pointage, laughery, and mockification.

Team Kimberlin Post of the Day


One of the reasons that the Dread Deadbeat Protestor Kimberlin has failed at so many things is his slipshod inattention to detail. For example, when he recently updated his protectourelections dot org website, he neglected to go through the site and properly refresh some of the pages. Here’s what the top of the TAKE ACTION page looks like—

It wouldn’t have taken much though to delete the seven-year-old items from the page and put up one or two things related to the 2018 election, but TDPK left the old stuff and the years of dead air intact. Those years of inattention to the integrity of the election process appear to be a powerful demonstration Kimberlin’s lack of real concern  It sorta/kinda looks as if the whole POE effort is simply a way to draw attention to the DONATE buttons on the site.

Change my mind.

UPDATE—BTW,  Bernie Sander’s poorly crafted amendment referenced on the POE webpage sought to repeal a substantial portion of the First Amendment. Brett Kimberlin has never impressed me as a fan of the First Amendment, so his support for such an amendment doesn’t surprise me.