Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin is suing my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me for a million bucks because we have written truthful things about his past and current behavior and have expressed opinions about him. Here’s an opinion the Stacy McCain has expressed that TDPK imagines is defamatory. It’s taken from paragraph 49 of TDPK’s amended complaint in the Kimberlin v. Walker, et al. nuisance lawsuit.BKvAW2013-49That’s an expression of an opinion Stacy holds about Brett Kimberlin, and the expression of such an opinion is protected speech under the First Amendment. You can help us defend ourselves from TDPK’s vexatious attack on our free speech rights. Go to Bomber Sues Bloggers to find out how.

Oh, one more thing … I agree with Stacy.

Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin has filed for a preliminary injunction in his vexatious Kimberlin v. Walker, et al. lawsuit now slogging its way through the Circuit Court for Montgomery County, Maryland. He wants the court to order my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me to take down every post we’ve published since 7 July, 2013, that mentions him. We have, of course, filed oppositions to his motion, and TDPK his replied to our oppositions. This is from that reply.
BKvAW2013Reply2PIOpp-4Where to begin? I might as well just take it from the top …

Brett Kimberlin was convicted of crimes over 35 years ago. He was convicted of one crime, perjury, over 40 years ago. He appears to still be telling provable lies, so it doesn’t seem as if he’s reformed from that behavior. A more recent conviction was for possession of marijuana with intent to distribute. While there’s no proof that he was connected to globalpharma dot org, it’s an interesting coincidence that it was hosted on the same server as many Kimberlin-related sites.

And then there’re the convictions associated with the Speedway Bombing trials. They include a conviction for forging documents. He’s admitted to forging a summons in his RICO lawsuit, so, once again, one might wonder if he’s reformed.

Hogewash! got involved with coverage of Brett Kimberlin because of his ongoing anti-First-Amendment thuggery. Any incidental discussion of his criminal past has been to provide context concerning his character.

His attempt at comparing public discussion of his activities with the persecutions of … I have some elderly Jewish friends with numbers tattooed on their arms who would shake their heads in disbelief if they heard such a claim. At least, the more mild mannered ones would.

Let me be very specific: I believe that Brett Kimberlin has the right to live in peace. But in order to do so, he will need to live a peaceable life himself. Shutupery via lawfare isn’t peaceful.

You can help my codefendants and me resist TDPK’s attack on our First Amendment rights. Go to Bomber Sues Bloggers to find out how.

Prevarication Du Jour

The Dread Pro-Se Kimberlin has filed a motion for a preliminary injunction in the vexatious Kimberlin v. Walker, et al. lawsuit that would require Hogewash! to take down all posts mentioning him that have appeared since 7 July, 2013. Such injunctions are usually not allowed because of the First Amendment.

True to form, the motion he filed seeking the injunction is full of … is full of … of … well, let’s just say there’s a lot of misleading bullshit in it. Consider this bit of nonsense from the end of paragraph 9.BK M4PI-9

His Exhibit E is a page from this, a certified copy of the Application for Statement of Charges and the Statement of Charges in Maryland v. Brett Kimberlin. Given that a Court Clerk won’t give out copies of sealed documents (let alone certify them), you can bet that I obtained the document properly back in October, 2013. The record was only sealed about a month ago. Thus, what I have posted is a legally obtained public document which can be published. All sealing after the fact does is prevent other persons from obtaining further copies from the Court. Meanwhile, the certified record I posted is in the public domain.

The document I published was not under seal. OTOH, Kimberlin has included documents that are still under seal in one of his recent filings in the Kimberlin v. The Universe, et al. RICO Madness. Exhibits O, Q, S, T, U, V, W, and X in Plaintiff’s Response to Defendant Hoge and Walker’s Motions to Dismiss are sealed documents obtained during discovery in the Virginia Walker v. Kimberlin, et al. lawsuit. They are still under seal. If TDPK really needs them as evidence in the RICO Madness, he should have applied to the court in Virginia to have them unsealed for that purpose. Putting those exhibits in an unsealed court filing is a form of publication.

So let’s get this straight. When I publish a freely available document that is sealed months later, that’s bad. When TDPK publishes documents that he knows are sealed at the time, that’s OK.

Uh, huh.

Ain’t buyin’ it.

Prevarication Du Jour

As I mentioned yesterday, Xenophon (the Troll) keeps writing hallucinatory fiction about Brett Kimberlin’s lawsuits and the facts surrounding them over at Breitbart Unmasked (No, I won’t link to it.). For example,BU20131216a

Actually, I was the first person to use Maryland’s law prohibiting a convicted perjurer from offering testimony to stop The Dread Pro-Se Kimberlin from testifying. That disability has been on the books in Maryland for around 150 years, and when a local prosecutor pointed it out to me, I made sure that my lawyer was aware of TDPK’s status.

Since that trial, Kimberlin has gone on record admitting his perjury conviction, and he’s tried to argue that it violates his rights. However, the law is settled on the matter. Perjurers may not testify in Maryland courts. Period. BTW, Maryland is not the only state with that rule.

In the current Maryland lawsuit, TDPK is the plaintiff, and Aaron Walker is one of the defendants. Mr. Walker’s raising of the issue does not “prevent Kimberlin from being able to defend himself in court.” Rather, it prevents him from using his own testimony to attack Mr. Walker in the frivolous and vexatious Kimberlin v. Walker, et al. suit.

(You can help Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me defend ourselves in that lawsuit. Go to Bomber Sues Bloggers to find out how.)

Perhaps this reveals the real reason for the federal RICO lawsuit. TDPK may be venue shopping to find a place where he can testify. But why would that be important? Certainly, if his case were righteous, there would be documentary support for it. After all, it’s mostly about what people have written. And surely, there would be someone who could offer testimony on his behalf.

Unless, of course, the written evidence doesn’t support his allegations, and he can’t find anyone willing to lie for him.

Team Kimberlin Post of the Day

Bill Schmalfeldt is continuing to lie about Kimberlin Unmasked’s lawyer offering an apology to The Dread Pirate Kimberlin during or after the hearing held last Monday on TDPK’s motion to compel Google to provide identifying information about Kimberlin Unmasked. This was in relation to the Maryland Kimberlin v. Walker, et al. lawsuit. Because I am one of the et al., I was present in the courtroom. Bill Schmalfeldt was not. I write as an eyewitness who is able to refresh his memory with access to the courtroom audio recording. Schmalfeldt is relying on the recollections of a convicted perjurer.

1. At no time during the hearing did Kimberlin Unmasked’s lawyer offer any apology to Brett Kimberlin for any action taken by his client or any of the other defendants. He denies having done so, I did not hear him do so, and the court’s recording of the hearing supports that view.

2. At no time from the time the hearing ended until the time Brett Kimberlin left the floor the courtroom is on did Kimberlin Unmasked’s lawyer offer any such apology. He denies having done so, and I did not hear him do so.

3.  In the comments to a blog post over at Kimberlin Unmasked,Schmalfeldt claims to have talked with Kimberlin Unmasked’s lawyer.KU20131105BS Kimberlin Unmasked’s lawyer denies having spoken with Bill Schmalfeldt. If the Cabin Boy cannot produce some record of the conversation (phone records, emails, whatever), the Gentle Reader can safely assume that he’s lying. Again.

The Cabin Boy wonders if it was unethical for me to overhear a conversation going on a few feet away from me in a public space that the participants were making no effort to keep private.WMSBroad201311050045ZIt’s not only ethical, it’s wise. When the other side decides to talk in a public space, one listens. Carefully. Bill Schmalfeldt may still be smarting from the time his lawyer loudly read him the riot act in the hall of the District Courthouse in Westminster last February in full view of Aaron Walker and me. (Wow. I never thought I’d use “Bill Schmalfeldt” and “smart” in the same sentence.)

As I’ve written before, I don’t really know who Kimberlin Unmasked is. I call him/her/them “Elvis” for convenience. TDPK will soon know the most current IP address and name that Elvis used with his/her/their blogspot account. Meanwhile, kimberlinunmasked.com is hosted on an off-shore server.

Elvis has left the building.

One more thing … If you want to help my codefendants and me defeat Brett Kimberlin’s vexatious attacks on the First Amendment, go to Bomber Sues Bloggers to find out how.

It’s Not Exactly Fraud …

… but it looks kinda shady. The Dread Pirate Kimberlin’s “charity” Justice Through Music Project runs a website called pussyriotdefensefund dot org. Just looking at the name, it would not be unreasonable for someone to assume that the site was involved in raising funds to help with the legal defense for members of the Russian rock band that have been prosecuted.

Here’s the top of the site’s home page. (Click on the image to embiggen it.)pussyriotdefensefund_orgZooming in on the text show this:pussyriot_zoomSee, Gentle Reader, the site’s not really a fraud because it comes right out and tells you that the donations go to JTMP.

BTW, TDPK has filed a federal RICO accusing me of mail fraud and wire fraud because I asked you to donate to funds supporting other bloggers and because I am now one of the beneficiaries of a fund to defend against a frivolous and vexatious lawsuit from Kimberlin. If you believe that the BomberSuesBloggers fund is a scam, please don’t contribute. If you think that blogs such as Hogewash! should be able to publish about potential scams, even if they might be run by Brett Kimberlin, then please go over to the BomberSuesBloggers site and find out how you can help.

Statement on Fund Raising

Brett Kimberlin is suing a group of bloggers that includes me for a million bucks because we have published truthful information and constitutionally-protected statements of opinion about him. Aaron Walker, one of the bloggers named in the suit, is a lawyer, and he is being sued for offering legal advice to Kimberlin’s victims.

Gentle Reader, can you think of any rights more important than your First Amendment right to free speech or your Sixth Amendment right to legal counsel?

Neither can I.

Kimberlin and his cronies have been engaging in lawfare for years now, and it’s time to put a stop to it. We need to defeat his bogus lawsuit because, if we don’t, there will be no end to his harassment of others. You can help us. Go to BomberSuesBloggers to learn how. If you decide to donate to the defense fund, you should know that I will never see one cent of the money raised. The proceeds will go to paying the substantial costs of defending the suit. Yes, I am represented by a pro bono lawyer, but there will still be filing fees, deposition costs, etc.

If you want to support this blog directly, hit my Tip Jar or use the Amazon shopping link on the Home page.

UPDATE—Stacy McCain points out that if we don’t defeat this suit, it’s possible that Kimberlin might sue you.