Team Kimberlin Post of the Day

Today is the tenth anniversary of the first post about Brett Kimberlin here at Hogewash!—a post titled No Thugs Zone.

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Fellow blogger and Maryland resident Stacy McCain has had to move his family out of the state because of threats related to blogging about Brett Kimberlin. He is not the only blogger suffering abuse from Kimberlin.

Mr. Kimberlin was unwise in choosing to pick a fight with the blogosphere. He is likely to find that, while we don’t always agree with one another, we have each other’s backs when the freedom of the Internet is threatened. Mr. Kimberlin and those who have supported him (I’m looking at you, Ms. Streisand [dead link, but here’s one to a contemporaneous post by another blogger]) have bitten off more than they can chew. The pushback is just beginning.

UPDATE–The McCain family is having a ton of unforeseen expenses because of their sudden move. I just hit his tip jar. Why don’t you?

UPDATE 2–Expect more, a lot more, about this on Friday.

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I’m not done with him yet.

Team Kimberlin Post of the Day

It was Neal Rauhauser who floated the idea that pro se litigation could be used to harass and cower Brett Kimberlin’s perceived enemies.

[T]he potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds. The reality of travel, or frightful expenses, or summary judgments needs to be made real. We probably need to make a very visible example of at least one of them before the rest understand.

—Neal Rauhauser

This idea appears to have stimulated The Dread Deadbeat Pro-Se Kimberlin’s delusions of adequacy, and he began to threaten bloggers.

I have filed over a hundred lawsuits and another one will be no sweat for me. On the other hand, it will cost you a lot of time and money.

—Brett Kimberlin

Both Brett Kimberlin and Bill Schmalfeldt tried their hands at pro se litigation. It took them a while, but they seemed to have learned the reality of travel, frightful expenses, and summary judgments. And Hogewash! has been a part of making a visible example of them.

I’m not done with them yet.

Team Kimberlin Post of the Day

During their failed attempts at lawfare, Team Kimberlin often threaten their perceived enemies with the direst of dire direness. The I’m Not Making This Up, You Know post from seven years ago today was about one such foolish threat.

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The Cabin Boy™ claims to be a journalist, but his profound lack of understanding of the First Amendment is on full display here—@GrouchyOldLib201505220218Z

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Hogewash! is still up and running. OTOH, the (a)grouchyoldlib Twitter account and theliberalgrouch dot net have joined the dodo and passenger pigeon in extinction.

Team Kimberlin Post of the Day

All of Team Kimberlin’s LOLsuit have had at least one obvious fatal error which was not noticed before it was filed. The TKPOTD for five years ago today noted one problem with Bill Schmalfeldt’s LOLsuit VIII: Avoiding Contact.

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Now that LOLsuit VIII: Avoiding Contact is out in the wild, I’m going to make some general comments over the next few days about how mind-bogglingly stupid the Cabin Boy’s™ Complaint is.

It’s clear that he didn’t bother to do much research while he slapped his suit together. For example, Count II is based on the South Carolina criminal defamation statute S.C. Code Ann. § 16-7-150. The U. S. District Court for the District of South Carolina has ruled that law unconstitutional. Fitts v. Kolb, 779 F.Supp. 1502 (D.S.C. 1991).

The Cabin Boy™ is suing my codefendants and me in the U. S. District Court for the District of South Carolina.

Everything is proceeding as I have foreseen.

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Heh.

Team Kimberlin Post of the Day

Yesterday, Hogewash! reported that the Court of Appeals for the Seventh Circuit had denied Brett Kimberlin’s remaining Speedway Bombing appeal.

Speaking of failed appeals, the TKPOTD for seven years ago today dealt with another of The Dread Deadbeat Pro-Se Kimberlin’s appeals.

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The Dread Pro-Se Kimberlin mailed his informal brief in his appeal of the RICO Madness LOLsuit to the Fourth Circuit Court of Appeals on the last day allowed for it to arrive in Richmond. The Court will probably accept his brief anyway.

Aaron Walker has a copy posted over at Allergic to Bull.

popcorn4bkI got a hold of a copy this afternoon and have managed to stop laughing long enough to write a first draft of my informal reply. I’ll review and edit it for a few days before filing it. Meanwhile, I don’t have any further comment on TDPK’s filing until after the Court decides whether or not to let the appeal go forward.

Stay tuned.

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Kimberlin has said he has a pro bono lawyer to represent him in a certiorari petition to the Supreme Court for a further appeal of the case the Seventh Circuit denied in March. There’s nothing on the Supreme Court’s docket yet, but he has several weeks before time to file runs out. I’ll keep watch.

Stay tuned.

Team Kimberlin Post of the Day

Almost 40 years after Brett Kimberlin’s convictions in the Speedway Bombing case, he moved for DNA testing of some hair samples presented at one of his trials. His motion was untimely, and the District Court denied his motion. Yesterday, the Seventh Circuit Court of Appeals affirmed the District Court’s denial.

The money quotes—

We need not resolve the question how this interpretation of § 3600A interacts with § 3600(a)—both are part of the Innocence Protection Act of 2004—because another basis exists upon which this appeal may be decided—untimeliness.

—and—

We have considered Kimberlin’s remaining arguments, and none has merit.

And so The Deadbeat Pro-Se Kimberlin maintains a perfect 0.000 batting average this century in the courts of appeal.

Team Kimberlin Post of the Day

The real underlying basis for Brett Kimberlin’s campaign of lawfare against people reporting truthful things about him and his activities was his butthurt over being exposed for who he is. The TKPOTD for eight years ago offered him some relief.

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PreparationH96ctJudge Grimm does not seem inclined to provide any temporary relief for The Dread Pro-Se Kimberlin’s butthurt. He has denied TDPK’s request for file a sanctions motion against the lawyer representing Twitchy. However, Amazon offers this remedy—

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Of course, butthurt is not a proper cause of action for a civil suit, so The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits were doomed from the start.

Team Kimberlin Post of the Day

Brett Kimberlin created the Breitbart Unmasked website in 2012, and used it to attack his perceived enemies. Here’s an example of a false post from six years ago today.The Gentle Reader will note that the second paragraph in the BU post mentions some embedded audio that is no longer in the post. There were two problems with that audio. The first was that it had been edited to create a false record. The second was that it’s a violation Maryland Court Rules to publish courtroom audio recordings.

Publication of printed transcripts are OK, and when I made the printed record available, the embedded audio was taken down.

Breitbart Unmasked. It’s my prime source for news, hearsay, lies and innuendo. Oh, yeah. Smears, too!

—Bill Schmalfeldt

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 has been accused of stalking and harassment. 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

This post On Libel from eight years ago today dealt with one on of the more bizarre twists of The Saga of the Dread Deadbeat Pirate Pro-Se Kimberlin and his crew.

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Libel is the publication in print (including pictures); writing; or broadcast through radio, television, or film; of an untruth about someone which will do harm to that person or his reputation by tending to bring the target into ridicule, hatred, scorn, or contempt from others.

Just as there are persons whose reputation is so bad that they can’t be defamed (Charles Manson, for example), there are people whose credibility is so poor that no one in his right mind really believes what they say (a real world Joe Isuzu); such people can’t actually defame anyone.

It’s really quite sad to be dealing with someone who reputation and credibility are so poor that he fits both categories.

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No one affiliated with Team Kimberlin has come out ahead as a result of their campaign of lawfare and cyberthuggery.

Team Kimberlin Post of the Day

Brett Kimberlin claimed that he has a lawyer willing to represent him pro bono in the filling of a petition for a writ of certiorari seeking to appeal the his recent loss in the Seventh Circuit.As of close of business yesterday, nothing is on the public docket at the Supreme Court’s website. However, Kimberliin has several week’s left before the filing window closes.

Stay tuned.

Team Kimberlin Post of the Day

The Deadbeat Performer Kimberlin really wanted, and probably still wants, a career in the music business. He’s struck out as a songwriter and performer, and he’s never been able to worm his way in through his Justice Through Music Project. The TKPOTD for eight years ago today dealt with one of his exaggerated claims about JTMP.

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In his opposition to my motion to dismiss in the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin wrote the following:ECF 29-16I suppose by “non-profit that works with famous bands and artists” TDPK means “Justice Through Music Project.” If he does, he is misleading the court.

I recently took a look at the Justice Through Music Project website (No, I won’t link to it.) and worked my way back through over a year’s worth of its blog posts. There were lots of stories about “famous bands and artists,” but there was nothing about any of them working with or having anything to do with JTMP.

Nothing. Nada. Zilch. Bupkis.

#Wannabe

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Although I got out of any day-to-day connection the recording industry when Mrs. Hoge and I moved from Nashville to California in 1982, I stayed in the pro audio business for most of the ’80s. During my almost 20 years in recording and broadcast I did have the opportunity to work with some “famous bands and artists.” You may have actually heard of some them.

Team Kimberlin Post of the Day

Team Kimberlin invariably set themselves up for failure, but I must admit I taken some pleasure in helping to grease the skids for them. The honeypot referenced in the Remember the Honeypot? title of this post from six years ago today was one of the more amusing, for me at least, interactions will Bill Schmalfeldt.

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The Cabin Boy™ discovered a website last year that “proved” Paul Krendler was up to no good, and he republished what he found here. Schmalfeldt still hasn’t admitted that he was tricked and caught by a honeypot. That’s one of the reasons that some people believe that he truly isn’t educable.

Now, the Cabin Boy™ says he’s found images on the Internet that have metadata showing they were created by “Grady, Pat,” and he’s sure that they prove that Krendler is Grady or Grady is Krendler.RD201615101431Z

I’m not going to detail all of the problems the Cabin Boy™ would have trying to build a case on that evidence or the problems he would have attempting to get such evidence admitted in court, but I will point out that Grady’s name being in the metadata Schmalfeldt published does not mean it was there when the images were created. It could mean that the Cabin Boy™ has spent $10.99 at the Ap Store.EXIFChanger

Or it could mean that someone else did. Or it could mean that whoever created the images simply put Grady’s name in the original metadata.

The Cabin Boy™ seems to get most of his exercise by jumping to conclusions.

There’s a good reason why LOLsuit VI is subtitled The Undiscovered Krendler.

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Neither the Cabin Boy™ nor Brett Kimberlin (who claims I was Krendler) ever discovered Paul Krendler’s identity. Not false criminal complaint, and not in LOLsuits VI. Or VII. Or VIII.

Team Kimberlin Post of the Day

This episode of Blogsmoke is from eight 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 have been writing about the activities of a paroled domestic terrorist. The terrorist has responded by suing a group of over 20 individual and organizations with frivolous claims of defamation and the like. Your job … get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual crime. 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 in hallway.

FRIDAY: It was Wednesday, May 7th. It was been a beautiful Spring day in Westminster. We were working the day watch out of Internet Detail. My partner’s Liz Smith. The boss is Twitter Town Sheriff, W. J. J. Hoge. My name’s Friday. It was 3:42 pm when I returned to Room S-140. Internet Detail. Continue reading

Team Kimberlin Post of the Day

Brett Kimberlin is not only a liar, he he doesn’t know when to keep his mouth shut. As the TKPOTD from none years ago today details, he sometimes gets trapped into telling the truth.

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What perjury boils down to is lying under oath. Brett Kimberlin is a perjurer. He was convicted of that crime in November, 1973. He doesn’t seem to have broken the habit. I have seen transcripts of his testimony during the last couple of years where he denied, for example, having had his parole revoked. One need only search for Kimberlin v. Dewalt as a legal document using Google Scholar to find out about Kimberlin’s appeal of his parole revocation.

Speaking of Kimberlin and appeals and perjury, here’s a bit from one of the Seventh Circuits decisions on one of his appeals related to the Speedway Bomber convictions [United States v. Kimberlin, 805 F.2d 210 (1986)]. Kimberlin asserted that allowing the jury to hear about his previous conviction prejudiced them against him.

Defendant testified. During direct examination he testified that he had been convicted of perjury. Defendant argues that the government improperly inquired on cross-examination concerning the details of the offense. On direct, for the obvious purpose of minimizing the offense, and its impact on the jury, defendant testified he was convicted when he had just turned eighteen, the grand jury was investigating drug abuse at the high school, and no lawyer was with him when questioned before the grand jury. Apparently believing that the door had been opened, the prosecutor inquired whether the perjury consisted of telling the grand jury he had not sold LSD to certain persons when in fact he had done so. The answer was affirmative. No objection was made. We think there was no plain error, if error at all.

I don’t understand why anyone would believe him to be trustworthy.

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His criminal past seems to keep blowing up in his face.

Team Kimberlin Post of the Day

Brett Kimberlin already had a felony conviction for perjury during the Speedway Bombings, so it was federal felony for him to posses explosives. It was also a federal felony for him to posses a firearm. The TKPOTD for nine years ago today dealt with how effect such laws are in compelling compliance by criminals.

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As I’ve mentioned before, Brett Kimberlin is running a website called NRA Watch (No, I won’t link to it.) that supports a ban on modern sporting rifles such as the AR15. Back in the ’70s, when he was prohibited by the Gun Control Act of 1968 from possessing firearms because of a felony conviction, Brett Kimberlin had a significant personal arsenal. Here’s a partial description from the appeal of his bombing conviction to the Court of Appeals for the Seventh Circuit [805 F.2d 210 (1986)]:

ATF Agent Donovan testified that in a search of defendant’s home September 23, 1978, he found a .22 caliber rifle and two shotguns, a box of 12 gauge shotgun shells, a box of .22 caliber ammunition, and a clip containing four .30 caliber rounds. Twelve (12) gauge shotgun shells and 30.06 ammunition had also been found in the Impala. This evidence came in without objection.

Scott Bixler was a co-defendant with defendant Kimberlin in the Texas marijuana case. In rebuttal he testified that in the summer of 1978 he purchased seven AR-15 rifles at $300 each. Defendant Kimberlin supplied the money, and Bixler turned six of the rifles over to him. Days before, Bixler had purchased a shotgun for defendant Kimberlin. This testimony came in without objection. There was testimony that an AR-15 was found at the Patricia Strait residence in Texas, along with apparent bomb components, and that the serial number on the rifle was scratched through. This evidence came in without objection.

On redirect, Bixler testified, over objection, that he and defendant Kimberlin had shot a semi-automatic .22 caliber pistol with a silencer on the end of it. Kimberlin had provided this weapon. They shot it at the “airstrip,” a location which figured in the marijuana operation.

Six AR15s?

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Some how, I’ve managed to get by with only one.

Team Kimberlin Post of the Day

This episode of Blogsmoke first ran six 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

In February, 2012, Brett Kimberlin started the breitbartunmasked dot com website. It operated on-and-off until December, 2018, principally under the editorships of Matt Osborne and Bill Schmalfeldt. The site was first hosted in The Netherlands, but it was moved onshore and its hosting consolidated with over two dozen Kimberlin-related sites after a year or so. It moved back offshore after Bill Schmalfeldt posted some content from Hogewash! without permission, fleeing to avoid the consequences of a DMCA takedown notice.

The site is still wasting bandwidth on the Internet, but has had no new content for over three years. It’s been poorly maintained, and much of the original material is gone.

But the site has been well backed up all along for use as evidence when necessary. For example, here’s a screenshot from a post from seven years ago today that was a clumsy attempt to smear Aaron Walker. The contents of the post are utter rubbish.While the post was still available at the BU website as of 10:16 ET Tuesday evening, it screenshot is from the post’s html file on one of the existing offline backups.

I doubt that Team Kimberlin is aware of the evidence the left lying about.

Some things do not have a statute of limitations.

Team Kimberlin Post of the Day

This image originally ran as the TKPOTD for seven years ago today.

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It’s May the Fourth …Everything is Proceeding

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That cartoon got so deeply under Brett Kimberlin’s skin that he questioned me about it when he called me as a defense witness in the Walker v. Kimberlin, et al. lawsuit.

Q   Do you ever post graphics or photos of you as a Star Wars Hero?

A   I have, people have sent me graphics of my face to replace, who’s the guy that played Obi-Wan Kenobi, the older fellow? This is what happens when you’re old. Alec, Sir Alec Guinness with my face instead of Alec Guinness’ as Obi-Wan in, in various cartoons. I think they’re funny, and I’ve, I’ve posted a few that have sent me, and other people have, have picked up on that, as well, and sort of run with it. It’s a, it’s, it’s kind of a running gag now in certain corners of the internet.

The jury’s reaction to that exchange went almost exactly as the Gentle Reader might have foreseen.

Team Kimberlin Post of the Day

Brett Kimberlin’s worst mistake in all of his lawfare over the past decade was suing me. I was the first defendant to raise the argument that his reputation as a violent felon so bad that it was impossible to degrade it. The TKPOTD for eight years ago today outlined my argument.

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Here is another selection from my reply to The Dread Pro-Se Kimberlin’s opposition to the motions to dismiss from Aaron Walker and me in the Kimberlin v. The Universe, et al. RICO Madness.ECF 56-p10

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In fact, another group of defendants’ motion to dismiss the subsequent RICO Retread LOLsuit in state court was granted in part because the judge in the case found that Kimberlin was defamation proof before my similar motion was granted. But a court has now found that Kimberlin’s reputation bars any viable claim for defamation.

Team Kimberlin Post of the Day

One of the more disgusting things that the members of Team Kimberlin have done is to try to post ugly and even obscene images of members of my family in the comment section here at Hogewash!. Occasionally, one of the Gentle Readers has posted an ugly image of a member of Team Kimberlin. (Thank you, for avoiding obscene images.) This post On Rule 5 and Rule 5 ran five years ago today.

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There are two Rule 5s that apply here at Hogewash!. One is Alinsky’s Rule 5 which states

“Ridicule is man’s most potent weapon.” There is no defense. It’s irrational. It’s infuriating. It also works as a key pressure point to force the enemy into concessions.

The other is McCain’s Rule 5 from Stacy’s post How to Get a Million Hits on Your Blog in Less Than a Year which states

Everybody loves a pretty girl.

The Gentle Reader may have noticed that this site uses ridicule in its reporting on certain individuals. Hogewash! has also published images of beautiful women from time to time as is appropriate.

Today, I found an image in the comment section which was clearly intended to be an application of Alinsky’s Rule 5, but which is too far removed from wisdom embodied in McCain’s Rule 5 be appropriate for this blog. I’m going to leave the comment and its image up, but I ask that commenters refrain from posting such images in the future.

Some things are just too ugly.

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Speaking of McCain’s Rule 5, here’s a picture of Mrs. Hoge mixing live sound for a concert in Centennial Park, Nashville, in the Summer of 1979, a couple of weeks before she agreed to marry me.

Team Kimberlin Post of the Day

Over the past few years, Brett Kimberlin has had a couple of appeals going to try to set aside some of this Speedway Bomber convictions. He’s been unsuccessful thus far, but he still has one of the cases before the Court of Appeals for the Seventh Circuit, and he’s announced his intention to try to get the Supreme Court to take up the other.

Kimberlin was sentenced to a 51+ year consolidated sentence for his Speedway Bombing crimes and a drug smuggling bust, and he served 13 years before he was paroled. That parole was revoked. The TKPOTD for nine years ago today dealt with that revocation.

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Most folks who have been following the Saga of The Dread Pirate Kimberlin know that he had his parole revoked, and most believe it was revoked for failure to make good on the judgment due Sandra DeLong. That’s true, but there was another reason—mortgage fraud. The following is from the U. S. District Court opinion upholding the revocation of TDPK’s parole [Kimberlin v. Dewalt, 12 F.Supp.2d 487 (1998)]:

On March 25, 1997 the Commission issued a summons that was served on petitioner on April 10, 1997, requiring his presence at a preliminary interview. Petitioner was charged with (1) submitting a fraudulent loan application by making a false statement as to a material fact when he denied having an outstanding judgments against him; and (2) noncompliance with the special payment condition. On April 25, 1997 petitioner attended a preliminary interview by Probation Officer Catherine J. Kirby. At that hearing petitioner denied the charges, claimed poverty and said he was trying to settle the matter with Sandra DeLong. Officer Kirby concluded that petitioner had fraudulently concealed from the mortgage company the true extent of his indebtedness and that he intended to “make sure that [Sandra DeLong] gets as little money as possible.”

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As of close of business on Friday, the Seventh Circuit hasn’t ruled on his pending appeal and the Supreme Court hasn’t docketed a petition for writ of certiorari from Kimberlin. I’m watching both the dockets of both courts.

Stay tuned.

Team Kimberlin Post of the Day

The TKPOTD for seven years ago today dealt with Brett Kimberlin’s apparent inability to keep up with the deadlines in his various LOLsuits.

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Mickey Mouse WatchTick, tock.

As the various deadlined for the critical filings come due in the multiple LOLsuits that the Cabin Boy™ has going, it would be a shame to miss any of them.

Hogewash! is offering a deal on this watch through Amazon [The link is dead; I no longer link to Disney products.] for those who need help with time management.

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While I’m no longer wearing a Mickey Mouse watch, I can understand why some people are still attracted to Disney products.

Team Kimberlin Post of the Day

The TKPOTD for six years ago today dealt with my ability to foreseen upcoming events.

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popcorn4bkOK. Some of the Gentle Readers are wondering, “Did Hoge really foresee that LOLsuit The Dread Pro-Se Kimberlin filed against Senators McConnell and Grassley?” The truthful answer is yes and no. Yes, I foresaw that Kimberlin was likely to do something amazingly bold but mind-bogglingly stupid. No, I didn’t foresee Congress as his target. OTOH, he’s sued Senator Orin Hatch several years ago and Madeleine Albright when she was Secretary of State, so I’m not surprised by the grandiosity of his really futile and stupid gesture.

Some days, all one has to do is sit back, watch, and wait for the mistake to be made.

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Some days, things proceed better than I have foreseen.

Team Kimberlin Post of the Day

Even though Brett Kimberlin changed the corporate name of Velvet Revolution US to Protect Our Elections/EMPR Inc., he’s kept the velvetrevolution dot us domain register active and a not-well-maintained website alive.Here’s an example of a post that passes for “latest news.”Now if I were someone who bragged about being involved in the effort to “secure” the 2016 election and had connections to … well, let’s just say given  the way the Russia Collusion Hoax investigation is going, I probably wouldn’t hav a post like that up on my website.

OTOH, that post has been up for over five years, and it still has no comments, so maybe keeping it up isn’t all that risky.