Team Kimberlin Post of the Day

Tomorrow will be the tenth anniversary of Everybody Blog About Brett Kimberlin Day. Ten years ago today, I posted Who is Brett Kimberlin? (A Preview).

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Here is a bit of Mr. Kimberlin’s history as found in 781 F.2d 1247 (1985), UNITED STATES of America, Plaintiff-Appellee, v. Brett C. KIMBERLIN, Defendant-Appellant from the United States Court of Appeals, Seventh Circuit.

On October 8th, 1980, a jury convicted defendant-appellant Brett Kimberlin of eight counts in a thirty-four count indictment. Four counts of the eight on which the jury convicted defendant charged that defendant had unlawfully possessed a Department of Defense insignia, in violation of 18 U.S.C. § 701 (1976). The other four counts on which the jury convicted defendant charged that defendant had falsely impersonated a Department of Defense police officer, in violation of 18 U.S.C. § 912 (1976). The district court sentenced defendant to consecutive three-year sentences on the section 912 offenses, and to concurrent six-month terms on the section 701 counts. Defendant appealed his convictions and sentences on the section 701 and section 912 counts to this court.

We have reviewed defendant’s numerous challenges to the legality of his sentences under 18 U.S.C. sections 701 and 912. We find that any duplicity existing among the counts charging these offenses constituted harmless error on the facts of this case and that these crimes were not greater and lesser included offenses. Furthermore, we agree that defendant’s consecutive three-year sentences on the section 912 offenses did not constitute cruel and unusual punishment.

Twelve years for impersonating a DoD police officer. Sounds like a right interesting person.

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I’m not done with him yet.

Team Kimberlin Post of the Day

Eight years ago today, I posted this In Re Another LOLsuit about the case that became known as LOLsuit III: The Search for Schlock.

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The Dreadful Pro-Se Schmalfeldt served the following complaint (together with a summons) on me by mail.

I will post the exhibits at a later date on scribd.com and provide a link.

I don’t wish to make any substantive comment concerning this complaint until I have reviewed it more fully.

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I’ll offer this comment in hindsight—

Bwhahahahahahahahahahahahahaha!

Team Kimberlin Post of the Day

Brett Kimberlin doesn’t like to take “No!” for an answer. The TKPOTD for five years ago dealt with one example of his pig-headedness.

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The Gentle Reader who has been following The Saga of The Dread Pirate Performer Pro-Se Kimberlin for several years should remember that TDPK lost the first LOLsuti he filed against me. That was the Kimberlin v. Walker, et al. nuisance LOLsuit. I was one of the et al. First, he lost five of his claims at summary judgment. Those were claims about which there were no disagreement concerning the facts, and we won as a matter of law. Then, he lost on his defamation and false light invasion of privacy claims at trial. He could not show that anything Aaron Walker, Stacy McCain, Ali Akbar, or I had said or written about him were false.

popcorn4bkBelieve it or not, the case isn’t fully dead yet.

TDPK appealed his loss to the Maryland Court of Special Appeals, and a three-judge panel of that court affirmed the Circuit Court’s findings. He asked for an rehearing by the entire court, and that was denied. He petitioned the Maryland Court of Appeals (the State’s highest court) for a writ of certiorari, and that was denied. He has now announced in a filing he made with the Fourth Circuit Court of Appeals that he will file a certiorari petition with the Supreme Court.

Everything is proceeding as I have foreseen.

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And as I foresaw, there was no issue that could be appealed to there Fourth Circuit, and Kimberlin failed to file a certiorari petition with the Supreme Court.

Team Kimberlin Post of the Day

The Left can’t meme, and Team Kimberlin is no exception to that rule. This Cartoon LULZ Du Jour from five years ago presented an example of how the world has laughed at Bill Schmalfeldt rather than laughing at his lame attempts at humor.

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MU201607122326Z

The general who wins the battle makes many calculations in his temple before the battle is fought. The general who loses makes but few calculations beforehand.

—Sun Tzu

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If your opponent is of choleric temperament, seek to irritate him.

—Sun Tzu

Team Kimberlin Post of the Day

The TKPOTD from seven years ago today offered a partial explanation of why much of the reporting about Brett Kimberlin and his activities often seemed more than a little odd.

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This is from a reply to one of The Dread Pro-Se Kimberlin’s pleadings in the Kimberlin v. The Universe, et al. RICO Madness.ECF 59-p6

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I couldn’t make that stuff up if I tried.

Team Kimberlin Post of the Day

This episode of Yours Truly, Johnny Atsign is from six years ago today.

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

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

RULE 5 GIRL: (Telephone Filter) Good morning, Johnny.

JOHNNY: Good morning. It’ been a while since you called. What’s up these days.

RULE 5 GIRL: (Telephone Filter) Nothing much with me, but The Bomber’s finally filed his opposition to the motions to dismiss his RICO suit.

JOHNNY: Oh, yeah. That was due yesterday.

RULE 5 GIRL: (Telephone Filter) I just saw it on PACER.

JOHNNY: I guess I’ll take a look.

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

Chris White Supremacy

Chris White is a college professor who has written a post for Slate making the absurd claim that referring to well known composers by their last names is a form of white supremacy.

Musicians, academics, and teachers have a lot of work ahead to confront the racist and sexist history of classical music. Fullnaming composers, especially those who have been elevated to mononymic status by this complicated history, will challenge us to at the very least afford the same respect to all of the individuals whose music we talk and write about.

Uh, no. If I say that I’m listening to a piece by Mozart and don’t use a first name, it’s a reasonable assumption that I’m referring to Wolfgang Amadeus and not his father Leopold who was also an accomplished composer. If I refer simply to Bach, I probably mean Johann Sebastian and not Carl Philip Emmanuel, Johann Christian, or any of the senior Bach’s other musically talented children. This has nothing to do with race; it’s about stature and importance as musicians.

Similarly, if I refer to President Johnson, it’s a safe bet I don’t mean Andrew Johnson unless the context deals with his administration or Reconstruction.

BTW, Joplin and Ellington were unavailable for comment.

Team Kimberlin Post of the Day

Bill Schmalfeldt has clearly been the junior partner when it comes to Team Kimberlin’s LOLsuits. None of The Dreadful Pro-Se Schmalfeldt’s LOLsuits have survived a motion to dismiss. Although all were dismissed for other reasons, he never stated a claim upon which the court could grant him relief. Indeed, hs complaints were often so self-contradictory, they were “not entitled to a presumption of truth,” a line that appears multiple times in the motion to dismiss included in the TKPOTD from five years ago today.

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Yesterday afternoon, I mailed my motion to dismiss The Dreadful Pro-Se Schmalfeldt’s latest nuisance LOLsuit to the Circuit Court for Howard County. I also served a copy on the Cabin Boy™ by mail.

Almost everything the Cabin Boy™ says has an expiration date, but, if he he really wants to drop this LOLsuit, all he has to do is nothing. If he doesn’t file an opposition to my motion, the court will grant it as unopposed, and the suit will be dismissed. Of course, his mind is quite changeable, so he may want to go forward with the suit. If it survives the motion to dismiss, I guarantee that discovery will be … ummm … interesting. Yep, that’s the right word. Interesting.

The motion speaks for itself, so I do not intend to make any further substantive comments until after the court has ruled on it.

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The phrase battle of wits with an unarmed man comes to mind.

Team Kimberlin Post of the Day

The Team Kimberlin PR campaigns have failed for the same reason as their lawfare—incompetence. This Bonus Prevarication Du Jour from six years ago today is an example of Bill Schmalfeldt’s inability to get enough of the facts straight in order to be a be able to twist them to his side’s PR advantage.

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ftrrnews201310150109ZSo Bill Schmalfeldt wants you to believe that I’m trying to cut a separate deal with Brett Kimberlin from the other defendant’s in the Kimberlin v. Walker, et al. lawsuit because my lawyer filed my answer to Kimberlin’s complaint on the day before the last day for me to file to avoid a default judgment. Does he think that I should have waited and filed jointly with my codefendants? The other defendants are all from outside Maryland, and only one has been served. Aaron Walker’s answer is due 30 days after mine. The other three defendant’s will have to answer within 60 days of being served—if they ever are served.

My offer to settle was taken off the table when my lawyer had to file that answer. In fact, that answer has exactly the opposite meaning from what the Cabin Boy ascribes to it. There will be no separate deals made with me. I am now out to win rather than settle.

He seems to still be getting his legal advice from Acme.

Meep, meep!

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Closing question: Is the sports editor gig at the Spencer Daily Reporter a GS-13 slot?

Team Kimberlin Post of the Day

Brett Kimberlin does not like to take “No!” for an answer. When the judge in the Kimberlin v. Frey RICO Remnant LOLsuit refused to modify the protective order sealing discovery in the case, The Dread Deadbeat Pro-Se Kimberlin filed a petition for a Writ of Mandamus with the Fourth Circuit Court of Appeals seeking to have the Court of Appeals order the District Court judge to do TDPK’s bidding. The TKPOTD for three years ago today dealt with the motion for expedited consideration that TDPK with the Court of Appeals.

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The Dread Pro-Se Kimberlin’s case is sooooo important that his petition for a writ of mandamus really, really, really needs to be acted on quickly. At least, that’s what TDPK says—

I wonder who that “close associate” of Frey who has been engaging in official corruption is?

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Now that Kimberlin has lost the Frey LOLsuit and I’m no longer on the hook for TDPK’s motion to sanction me in that case, I can make some comments on that motion.

Of course, Kimberlin was gagged by the protective order. Protective orders are gag orders. However, he had no First Amendment right to publish sealed court materials. According to exhibits TDKP filed in another case, the “several” reporters who wanted to publish what they and Kimberlin hoped would be seen as dirt were Matt Osborne and Bill Schmalfeldt.

I was the “close associate of Respondent Frey engaging in official corruption.” Because I am still bound by the protective order, I can’t provide any more details than to say that the allegedly corrupt act was filing criminal complaints against Kimberlin and others in jurisdiction where the elected prosecutor was not a Democrat.

Team Kimberlin Post of the Day

Something that you’ll find in almost statement from any member of Team Kimberlin is one or more misused words. Five years ago today this post titled You Keep Using Those Words … cited several examples.

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… I do not think they mean what you think they mean.

Perjury. Extortion. Reasonable Belief. Harassment. These are words with well defined meanings in law. Regardless of the apparent likeness, the Cabin Boy™ is not Humpty Dumpty, and he cannot bend these words to fit his imagination. He can rant on Twitter and his blog all he wants. It won’t change the law, and it won’t change the facts.

While I will still probably take note of Schmalfeldt’s nonsense and offer occasional corrections, the Gentle Reader should understand that my real engagement with the issues relating to the Cabin Boy’s™ behavior has been and still is with the appropriate authorities. I’m not in a position to say any more than that for now. The Gentle Reader may draw his own conclusions about things based on what has and has not happened.

Meanwhile, I’ve had enough of the Cabin Boy for today, and there’s still spring cleaning that needs to be done around stately Hoge Manor.

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Lying liars gotta lie?

Stupid is as stupid does?

I believe we can embrace the power of AND in this case.

Colluding with Reality

I’m so old, I remember when Reality was supposed to have a “liberal bias.”And Reality has been doing violence to much of the Left’s cherished agenda for the past few days.

UPDATE—

Leftist ideas can’t withstand debate. Leftists know that, which is why they’re always trying to silence their opponents, generally in the name of some sort of decency or compassion that they themselves spectacularly lack.

Glenn Reynolds

Senate Votes Down The Green Nude Eel

As noted in the Babylon Bee, Republicans colluded with Reality to defeat the Green Nude Eel. The vote was 0-57. All of the Republicans voted against it, as did three Democrats and one Independent. All the other Democrats and the other Independent voted “present.” That included the bill’s sponsor and all its cosponsors. It included all the senators who had endorsed the Green Nude Eel in connection with their candidacies for the party’s 2020 presidential nomination.

These remarks by Senator Lee (R-UT) are a fair summary of the Republican objections to the bill.

The Second Law of Thermodynamics was available for comment and noted, “There ain’t no such thing as a free lunch.”

Team Kimberlin Post of the Day

The Dreadful Pro-Se Schmalfeldt may be plus-sized overall, but he has acts as if he has incredibly thin skin. He became so bent out of shape over truthful reporting about and criticism of his conduct of LOLsuit VI: The Undiscovered Krendler that he decided to complain to the magistrate judge handling the case about me. Three years ago today, I responded to his threats with this Legal LULZ Du Jour.

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RD201603191531ZGo ahead. Make my day.

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He went ahead and filed his paperwork which I published after it appeared on PACER three days later.

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The Cabin Boy™ really did file these with the court—

Everything is proceeding as I have foreseen.

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So where are we three years later?

Aaron Walker was able  to manage his clients’ defense. He won the case for them.

The Cabin Boy™ lost LOLsuit VI. And LOLsuit VII. And LOLsuit VIII. At this point, he’s failed to convince judges in Maryland, Wisconsin, Illinois, and South Carolina that he has been the victim of defamation, invasion of privacy, intentional infliction of emotional distress, or mopery with intent to lurk.

OTOH, judges in Maryland, Arizona, Massachusetts, Illinois, and North Carolina have found that Schmalfeldt engaged in behaviors warranting the issuance of various forms of restrain orders, one of which was to protect a three year old child.

The Cabin Boy™ has been fired or left under suspicious circumstance from multiple jobs.

I’m still working part time as a paralegal and full time as engineering contractor.

Nothing has proceeded as the Cabin Boy™ has hallucinated.

Paying for a Green Nude Eel

All we have to do is adopt the magic of so-called New Monetary Theory which states that a government that borrows in its own currency doesn’t need to worry about debt because it can print money to pay the debt. If the Green Nude Eel is only going to cost around 90 trillion bucks and we use one of these, we should have change coming.

Of course, that’s not how money works. Things didn’t work out well for Rome when it debased its money, and over the last century, we’ve seen what happened in the Weimar Republic and Zimbabwe and, currently, Venezuela. As John Hinderacker points out in a post at PowerLine, Modern Monetary Theory is universally regarded by economists as a crackpot idea.

So it’s unanimous: Modern Monetary Theory, the Democratic Party’s latest ticket to the promised land, is a fraud. And not a modern one, either.

Speaking of socialism…I heard an observation yesterday, in the context of Venezuela, that was striking and true. If I could remember who said it, I would credit him. Here it is:

You can vote your way into socialism, but you have to shoot your way out.

Another reason why we need the Second Amendment.

As Ben Franklin said when asked what kind of government was being formed at the Constitutional Convention, “A republic if you can keep it.”

There’s Good News, and There’s Bad News

The Foundation for Economic Education has a post up explaining how the rich could pay for that list of Progressive freebies: $47 billion on free college tuition; $1 trillion for new infrastructure; $1.4 trillion to write off student loan debt; at least $7 trillion on a Green New Deal; $32 trillion on “Medicare for All.” We can simply adopt tax schemes similar to those used in countries such as France, Denmark, Sweden, and Finland.

If Rep. Ocasio-Cortez and Sen. Warren want the federal government to collect European shares of national income, they will have to adopt European tax systems. That means higher income taxes on the middle class, higher payroll taxes, and higher consumption taxes. According to the Congressional Budget Office, raising $32 trillion in tax revenue would require adding 36 percentage points to the marginal tax rate of every federal income taxpayer in the United States. Not just the rich—everyone. The single woman earning $82,500 and the couple earning $165,000 would see their rates soar from 24 percent to 60 percent.

To borrow from P. J. O’Rourke, the good news is that the rich will pay for everything. The bad news is that you’re rich.

Finland collects about 43 percent of GDP in taxes, and that isn’t enough. Fuzzy Slippers reports at Legal Insurrection that Finland’s government has collapsed because of the cost of universal health care: #Bernie2020 hardest hit.

Finland has long been touted by American socialists as the socialist Nirvana, where everything is free and everyone is happy, happy, happy.  Sadly, fiscal reality hit Finland’s government as it collapsed Friday due to the rising costs of its universal health care.

The warning signs were on the wall last spring when Finland … ended its experiment with “universal basic income.”

Bernie Sanders (I-VT), who has been hanging his socialist mantle on the “success” of Finland’s socialist structure, may be the hardest hit.

There ain’t no such thing as a free lunch.

Trump Wins Another Round

Last October, Judge Otero dismissed one of the suits Stormy Daniels filed against Donald Trump and ordered her to pay Trump’s attorneys’ fees which amounted well into six figures. Following that ruling, Trump agreed not to sue Daniels for her violations of the terms of their non-disclosure agreement. That rendered moot one of her other suits, and Judge Otero has now dismissed that case for lack of jurisdiction. Federal courts cannot rule on a moot case with no controversy to adjudicate. Because the case was originally filed in state court, it has been remanded back there for the final i-dotting and t-crossing, but it’s over for all practical purposes.

Here’s the judge’s ruling—

Michael Avenatti is trying to spin this as a win for his client.