Team Kimberlin Post of the Day


Yesterday, I posted an example of The Dread Deadbeat Pro-Se Kimberlin’s poor litigation chops. Here’s another example from the TKPOTD from five years ago today.

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On 29 June, 2012, there was a hearing in Montgomery County District Court for a peace order petition that TDPK had filed against one John Norton. Brett Kimberlin was in his usual form. While I don’t have an official transcript of the hearing, Aaron Walker has transcribed portions from audio that he obtained from the court.

TDPK claimed that Mr. Norton had been lurking in the bushes in front of the Kimberlin residence. In the transcript below K is Brett Kimberlin and J is the judge. TDPK said that he was going to pick up his 8 year old daughter from a neighbor’s house—

K: And so I walked out of my door, to go pick her up, and I see a man lurking behind the bushes in the corner of my property and I was kind of taken aback by it. But I kept walking toward my car because I had to pick my daughter up.

J: Now was that in the general direction of where the man was in the bushes or in the opposite?

K: The man was facing the road, the— to the left of the— on the left side of my house there’s some bushes towards the road and my car was right in front of my house.

Lurking in the bushes? As I type this, I’m looking at the Google Street View image of the Kimberlin residence. Looking from the street, there’s a small shrub that appears to actually be on the property next door by the neighbor’s driveway. It’s “on the left” as seen from that point of view. There’s also a even smaller shrub at the opposite front corner of the Kimberlin lot. It appears to be about as tall as the fire hydrant in front of it. I’m not sure how one would lurk in those bushes.

K: And so I turn around, obviously I was concerned about my daughter. You know, I didn’t know if anything had happened to her, I was scared, so I turned around and I went to the neighbor’s house. She was right there in front of the house. I put her in the car and Mr. Norton is driving away, and so I—

J: Have you ever seen this man before?

K: Never seen him before in my life.

J: Every seen the car before?

K: Never seen the car before.

J: Alright.

K: So I followed the car, and went around the corner, and there was a stop light. I pull up behind him and he’s… again it’s a convertible, and he reaches around with a camera, again, and takes more pictures of me. I gave him the finger, I admit it, you know, I don’t like a guy coming out in front of my house taking pictures of me and my kid.

He’s concerned that this lurker might be dangerous, so he puts his daughter in the car and chases after the guy.

Uh, huh.

So what was Mr. Norton’s side of the story? In the transcript below N is John Norton and Lis his lawyer.

L: Did there come a time when you ended up coming into contact with Mr. Kimberlin?

N: Not any physical contact, but he did chase me down in his car, the picture he showed, shows him behind me, flipping me off. I don’t know why he chose to chase me down. I was not on his property, I have stopped my car on [Kimberlin’s street name omitted].

L: What brings you on [Kimberlin’s street]?

N: It is a bail out route on my commute.

L: And where is your commute?

N: I commute between Bethesda, Maryland, and Fairfax, Virginia.

Chased him down?

L: And on June… what’s the date here? June 15, is it? June 15, you said, what brought your attention— what caused you to take out your phone and take a picture of the car behind you?

N: When I was on River Road, I saw what turned out to be Mr. Kimberlin’s car driving erratically, cutting in and out of lanes, trying to catch up to me, tailgating me. We reached the stoplight at River and Burdette, he pulled up… you can see how close in the picture, how close it was. He… he pulled out a pen and [unintelligible] furiously scribbingly as if he wanted me to know he was writing something down, he was revving the engine in his car, and for me, I thought, “some crazy person is chasing me down, I need some evidence, I need some protection.” So I picked up my phone and shot about seven seconds of video, from which the picture of him flipping me off was taken as a framegrab.

TDPK claimed that he was freaked out when Seth Allen reposted the picture of him flipping off Mr. Norton.

K: The picture of my car, that was posted on the internet by the client of the man that I had the peace order against. So I get kind of freaked out that, you know, this guy is somehow related to the guy who I had a peace order against, Mr. Walker.

Note that Mr. Allen could not have posted the photo before or during TDPK’s chase of Mr. Norton. In any case, Mr. Norton had no association with either Mr. Allen or Mr. Walker.

L: Now, are you associated with Aaron Walker, any [sic]?

N: I am not.

L: Okay. And, did you go to his house on June 15, to take pictures, get out of your car and take pictures?

N: I did not go to Mr. Kimberlin’s house. I did not get out of my car. I did not take pictures at his house.

L: Alright. And what caused you to post the picture of Mr. Kimberlin flipping you off on the internet?

N: Well, first of all, for protection to make sure that it was publicized, that someone had chased me down and was flipping me off. And also, honestly, I thought it was kind of funny.

We have two different stories. One is told by a reputable citizen with nothing more that traffic tickets on his record, and that story is corroborated, at least in part, by other evidence. The other is told by a convicted felon, one of who’s crimes is perjury, and that story is contradicted by other evidence. Who would you believe?

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The dueling peace order petitions filed by TDPK and John Norton resulted in the petition against Mr. Norton being dropped and the petition against Kimberlin being granted. TDPK’s attempt at brass knuckles reputation management backfired.

Oh, one more thing … I’ve been told that Mr. Norton is a veteran and that he served in an EOD unit.

Team Kimberlin Post of the Day


It was six years ago today that Brett Kimberlin tried to use his iPad to take a picture of Aaron Walker in the waiting area outside Judge Rupp’s courtroom in the Montgomery County Courthouse. Given the context of the of the statements The Dread Deadbeat Pro-Se Kimberlin had made, Aaron interpreted Kimberlin’s movements as threatening, and he acted to disarm Kimberlin by taking the large object Kimberlin was brandishing out of his hands.

Things went downhill from there, and TDPK built a false narrative around the event which resulted in a bogus peace order against Aaron, Aaron being arrested on a false charge related to that order, and six years of follow-on lawfare. Oh, and lots of adverse publicity for Brett Kimberlin.

BTW, taking a photograph in a Maryland courthouse without permission from a judge is against the law.

Team Kimberlin Post of the Day


Even a flatworm will turn away from pain, but Team Kimberlin has been a glutton for punishment. Back in 2014, The Dread Deadbeat Pro-Se Kimberlin lost the Kimberlin v. Walker, et al. nuisance LOLsuit, and The Dreadful Pro-Se Schmalfeldt withdrew LOLsuit I after two days, saw his counterclaims that made up LOLsuit II dismissed with prejudice, and was the subject of a second peace order. After all that, they were still exchanging the Worst Advice of the Year

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The Dimwitted Hipster is leading the Cabin Boy™ astray.DemHip201412302152Z

Murum aries attigit.

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2015 wasn’t a good year for Team Kimberlin either. TDPK lost the RICO Madness LOLsuit and saw his untimely appeal of that case turned away by the Fourth Circuit Court of Appeals. He filed his RICO Retread LOLsuit in state court, and a bunch of the defendants in that case were dismissed before year’s end. He filed a bogus peace order petition against me which was denied—as was his appeal of the denial—and the false criminal charge he filed against me was dropped. He also filed the RICO II: Electric Boogaloo LOLsuit which spilled over into 2016.

2015 went no better for the Cabin Boy™. LOLsuit III was dismissed by the U.S. District Court for lack of jurisdiction, LOLsuit IV was dismissed by the Circuit Court of Howard County for improper venue and failure to serve most of the defendants, and LOLsuit V was voluntarily dismissed with prejudice by Schmalfeldt when he fled from Maryland to Wisconsin.

2016 saw TDPK lose his appeal of the Kimberlin v. Walker, et al. LOLsuit, the RICO II: Electric Boogaloo LOLsuit and its appeal and the Kimberlin v. McConnell LOLsuit and its appeal. His petition for a writ of mandamus to force Judge Hazel to modify the protective order in the RICO Retread LOLsuit was denied by the Fourth Circuit, and that court sanction him for including me in his frivolous appeal of RICO II. Meanwhile, the Cabin Boy™ lost LOLsuits VI and VII.

As 2017 grinds to a halt, Kimberlin has lost his appeal of the RICO Retread LOLsuit in the Maryland Court of Special Appeals and has withdrawn his appeal of the RICO II Retread LOLsuit from that court. The Cabin Boy™ has just had LOLsuit VIII booted by the U.S. District Court for the District of South Carolina for lack of personal jurisdiction over the defendants.

2018 is coming. Stay tuned.

Murum aries attigit.

Team Kimberlin Post of the Day


For the first time in over four years, I don’t have a lawsuit or the appeal of a lawsuit from Brett Kimberlin pending against me. Kimberlin’s attempts to use lawfare to suppress the First Amendment rights of people who have written and spoken truthful things about him have been abject failures against those of us who stood up to him. Some of the victims of his lawfare settled for various reasons of their own, but taken as a whole, the phrase “Kimberlin has failed” is a good summation of his LOLsuits.

I beat him in four vexatious civil suits, three frivolous appeals, two sets of false criminal charges, and a bogus peace order petition. I was awarded sanctions in two of the lawsuits and one of the appeals, and I have instructed an attorney to begin the collection process.

The Dread Pro-Se Kimberlin still has two LOLsuits on appeal. The Kimberlin v. Hunton & Williams LLP, et al. RICO 2 Retread Appeal is at the Maryland Court of Special Appeals. (He didn’t include me in that case, perhaps having finally figured out how res judicata works in Maryland.) The Kimberlin v. Frey RICO Remnant Appeal has gone to the Court of Appeals for the Fourth Circuit. I’m not going very far out on a limb to predict that Kimberlin will lose both.

He also has one other LOLsuit in limbo in the U. S. District Court for the District of Maryland. It’s styled Kimberlin v. Breitbart Holdings, et al. The complaint is sealed, so I don’t know what TDPK’s claims are, but it’s almost a year old, and the court has still not allowed summonses to be issued to the defendants. I’m going to speculate that the case will be dismissed with prejudice sua sponte as soon as the Fourth Circuit dismisses the Frey appeal. Patrick Frey is a codefendant in the Breitbart Holdings case. If TDPK has alleged a conspiracy (as he usually does), then Patterico’s res judicata defense should also apply to his “co-conspirators.” That will mean that “Kimberlin has failed” to state a claim upon which relief can be granted.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


I’ve been reviewing the documents produced by the Kimberlins during discovery in the Hoge v. Kimberlin, et al. lawsuit. One of them is a copy of a post from Breitbart Unmasked Bunny Billy Boy Unread titled Lee Stranahan and Aaron Walker Smear A Teenager’s Family And Try To Snuff Out Her Career. The post was originally published on 29 August, 2013, just after The Dread Pro-Se Kimberlin had filed his Kimberlin v. Walker, et al. nuisance LOLsuit and just after the Montgomery County State’s Attorney had dropped the first set of false criminal charges Kimberlin filed against Aaron and me. I was not surprised to find that the post is now missing from the Interwebz. I was surprised that TDPK would consider putting it into evidence.

You see, the post contains evidence that is part of the proof that the tweets TDPK attempted to use as evidence in his 2015 peace order petition are forgeries. By offering the post in discovery, he has authenticated it.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


From four years ago today—

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Posted on 30 May, 2012

More Kimberlin v. Walker Analysis

Hans Bader has an excellent review of the legal issues relating to Judge Vaughey’s decision yesterday. (H/T, Protein Wisdom, where you’ll find further useful discussion)

In 2005, a New Mexico judge appalled people across America by issuing a restraining order against David Letterman after a wacky woman accused Letterman of harassing her across the country through coded messages in his TV show. That restraining order was dissolved after it became obvious even to the judge that the allegations could not possibly be true. But a judge in Montgomery County, Maryland—a liberal bastion—recently did something similarly bizarre by jailing and issuing a restraining order against a lawyer, Aaron Walker, who represented a party sued by ex-terrorist Brett Kimberlin.

Blog posts that criticize a convicted terrorist for misuse of the legal system are protected under the Supreme Court’s decisions in Brandenburg v. Ohio, 395 U.S. 444 (1969) and Hess v. Indiana, 414 U.S. 105 (1973), even if some outraged readers make death threats as a result. Judge Cornelius J. Vaughey needs a remedial course in the First Amendment.
Judge Vaughey also needs a basic tutorial on the Internet and what blogs are. As a chronicler of the court proceedings notes, the Judge “was clearly was technically ignorant of even basic facts about what Twitter is, in one instance point saying ‘He Googled you 500,000 times’ through the Tubes or whatever. The Judge had identified himself, earlier, as being ‘of the Royal Typewriter Generation.’”

Read the whole thing.

It’s reasonable to assume that Judge Vaughey will be reversed on appeal. He seems to have both the facts and the law wrong. Meanwhile, we need to keep shining the light of truth on Brett Kimberlin and his accomplices. Perhaps it’s time for another parole revocation hearing.

UPDATE–Eugene Volokh has something to say on whether or not the sort of blogging we are doing is protected speech.

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It’s taken a while to get things properly aligned, but now everything is proceeding as I have foreseen.