Team Kimberlin Post of the Day


One of Team Kimberlin’s false narratives is that The Dread Deadbeat Pirate Peformer Pedo Publisher Pro-Se Kimberlin has been the target of a vast right wing conspiracy. Nope. It would be more correct to characterized the #resistance to Team Kimberlin’s cyberthuggery as The Vast First Amendment Conspiracy, but since we operate in the open it may be that calling us a conspiracy is inapt. This ran four years ago today.

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Brett Kimberlin has claimed that there is a vast rightwing RICO conspiracy against him. That is, of course, nonsense.

The truth is the vast conspiracy is not against anyone. It is for the First Amendment, and it is neither leftwing nor rightwing. On the left you’ll find the likes of Seth Allen, the first victim in The Dread Pro-Se Kimberlin’s current campaign of lawfare, and lawyers such as Zoa Barnes and Paul Alan Levy. On the right you’ll find the defendants in his two ongoing nuisance lawsuits in Maryland (Kimberlin v. Walker, et al.) and federal (Kimberlin v. National Bloggers Club, et al.) courts

And it resists attacks from enemies of the First Amendment such as Brett Kimberlin.

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I don’t know how TDPK feels about the results of his campaign of attempted brass knuckles reputation management, but punching back more than twice as hard has been rewarding.

Team Kimberlin Post of the Day


Bill Schmalfeldt has a knack for sticking his nose into other peoples’ business and then wondering why his nose got bloodied. Often, he winds up punching himself in the snout. Four years ago last week, the Cabin Boy™ sent a letter to the judge presiding over the Kimberlin v. The Universe, et al. RICO Madness LOLsuit complaining about truthful statements made concerning him in rebuttal to false statements made in court papers by Brett Kimberlin. Even if the form of his communication with the court had been proper, his letter was essentially worthless for Kimberlin’s case. Most of Schmalfeldt’s statements fit the characterization used by Magistrate Judge West in dismiss LOLsuit VIII: He “provides no proof other than his own self-serving statements[.]” Indeed, one of the few things he stated for which there might be some objective evidence is this statement about his health: “There are other outward and not-so-quite-visible signs of increased degeneration, including the onset of early Parkinson’s disease dementia.”

I published this comment In Re Docket Item 63 four years ago today.

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Some things are so ludicrous and immaterial as to not be worth a reply.

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Demented is as demented does.

Team Kimberlin Post of the Day


Bill Schmalfeldt’s immediate response to yesterday’s TKPOTD was that I was lying. I wasn’t. He might do well to refresh his memory by looking at the list of my potential witnesses provided to him for the Hoge v. Kimberlin, et al. lawsuit. Not all those witnesses were called, in part, because the Cabin Boy™ failed to appear at the trial. That does not mean that they aren’t still available.

Of course, claims of lying and false narratives are a boilerplate responses from Team Kimberlin. The TKPOTD from three years ago today cites an example.

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Here’s another whopper from one of The Dread Pro-Se Kimberlin’s filings in the Kimberlin v. The Universe, et al. RiCO Madness, in this case, his opposition to Lee Stranahan’s motion to dismiss.ECF 249-7

That deserves some fisking.

As best I can tell, the only one of the defendants named in the suit who took Kimberlin’s photograph and photoshopped into to any Nazi-related imagery was Kimberlin Unmasked. What KU did was clearly within the bounds of parody and commentary. It was certainly no more extreme that Kimberlin’s superimposing the words of Adolph Hitler over the faces of George W. Bush, Dick Cheney, and John McCain in the opening sequence of the Op-Critical Fear Not video. In any event, TDPK dismissed KU from the suit, and the dismissal was with prejudice. Since he has not pleaded and cannot factually plead that behavior by any other defendant, it’s a dead issue.

Pedophile? That was settled last August. Kimberlin lost that case. Res judicata and all that.

Supporter of Terrorism? I’m not sure who called him that, and he hasn’t pleaded that anyone actually did. OTOH, if the Gentle Reader were to feel justified in referring to either Ted Kaczynski (The Unabomber) or Timothy McVeigh as a “terrorist,” I can understand why he would feel that designation also fit a convicted serial bomber such as Brett Kimberlin.

SWATter? I don’t know which of the defendants might have called him a “SWATter.” Again, he doesn’t say who actually did. But I understand why the circumstances surrounding several of the SWATtings raise questions about cause and effect for some people. I’ve heard recordings of the SWATting calls related to the RICO case. It isn’t Kimberlin’s voice, but that doesn’t mean he might not have been involved. If he were connected, I doubt that he would have made the calls himself. He strikes me as the kind of person who hires a hit man.

#Loser

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Lying liars gotta lie.

Team Kimberlin Post of the Day


The level of incompetence shown in the various court filings from Team Kimberlin in the course of The Dread Deadbeat Pro-Se Kimberlin’s and The Dreadful Pro-Se Schmalfeldt’s LOLsuits is amazing. OTOH, it has been a marvelous source of material for pointage, laughery, and mockification. Consider the TKPOTD from three years ago today for example.

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When The Dread Pro-Se Kimberlin filed his opposition to Stacy McCain’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness, I chose not to publish it because it contained a great deal of scurrilous material that was nothing more than ad hominem attacks on Stacy and several other people. After careful review, I have been able to edit the filing to eliminate everything that is not responsive to Stacy’s motion.

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About a month after TDPK filed his opposition to Stacy’s motion to dismiss, Judge Hazel granted Stacy’s motion and the motions to dismiss for the remaining defendants, except for the civil rights count against Patrick Frey. Patterico won that count on summary judgment, and that RICO Remnant is now at the Fourth Circuit Court of Appeals.

Stay tuned.

Team Kimberlin Post of the Day


Occasionally, I post material to provide newcomers to The Saga of Team Kimberlin with background information on Brett Kimberlin’s use of lawfare to suppress the First Amendment rights of people who write truthful things about him and his work. This was originally published five years ago today.

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I’ve been blogging about the Team Kimberlin story since Lee Stranahan kicked off the Everybody Blog About Brett Kimberlin Day last May. Since July, I’ve done some original reporting on the Kimberlin v. Walker and Walker v. Kimberlin cases because they have been playing out in courthouses near my house.

I sometime forget that not everyone has followed those cases or the larger Team Kimberlin story as closely as I have, so it’s time for a bit of review. On Monday, I referred you to a post by Stacy McCain that provides some of the background on the Saga. Yesterday, I referred you to this post by Aaron Walker that fills in some more details.

Today, I want to you look at this post by Ken from Popehat about the kind of thuggery Team Kimberlin inflicted on one blogger.

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Multiple LOLsuits later, we’re still waiting for a ruling from the Fourth Circuit Court of Appeals in the Kimberlin v. Frey RICO Retread LOLsuit which is the last gasp of The Dread Deadbeat Pro-Se Kimberlin’s LOLsuit filed in October, 2013.

Stay tuned.

Team Kimberlin Post of the Day


Since Brett Kimberlin unwisely took on Aaron Walker in 2012, every Team Kimberlin LOLsuit has ended in failure. Only one LOLsuit made it to trial after having most of its claims thrown out on summary judgment, and the trail was stopped before we defendants put on our case because The Dread Deadbeat Pro-Se Kimberlin failed to offer any evidence to support his claims that we had defamed him or invaded his privacy. All TDPK’s peace order petitions similarly failed. None of Bill Schmalfeldt’s LOLsuits have survived motions to dismiss. The peace order petition he filed against Patrick Grady failed because The Dreadful Pro-Se Schmalfeldt failed to face Mr. Grady in court.

One common feature of most of these LOLsuits has been making claims that aren’t supported by a lawful cause of action. I wrote about that in the TKPOTD from two years ago today.

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A recurring theme in many of the Team Kimberlin LOLsuits is the inclusion of claims for nonexistent torts. For example, two of the claims in the Kimberlin v. Walker, et al. nuisance lawsuit were thrown out at summary judgment because they weren’t based on any recognized cause of action. In that case, The Dread Pro-Se Kimberlin tried to my codefendants and me for stalking and harassment, but while they are crimes, they are not torts. In the RICO Remnant LOLsuit, he’s trying to sue for conspiracy, and, as Judge Mason told him, that’s not a stand-alone tort either.

popcorn4bkThe Dreadful Pro-Se Schmalfeldt has followed in his excellent friend’s footsteps. When he filed LOLsuit I: The Emotional Picture, he included a claim for harassment. In LOLsuit IV: The Voyage to Oblivion, the Cabin Boy™ tried to sue for both harassment and conspiracy. In LOLsuit VI: The Undiscovered Krendler, … well, we’ll see.

Stay tuned.

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The Cabin Boy™ included claims in LOLsuit VIII: Avoiding Contact for which there were no causes of action and wound up having to withdraw them in his amended complaint, and that amend complaint was dismissed because, just like LOLsuits III, IV, and VI, he sued in courts not having personal jurisdiction over the defendants.

And butthurt is still not a tort.

Team Kimberlin Post of the Day


The Dread Deadbeat Publisher Kimberlin’s principal PR flack through most of the past six years has been Cabin Boy™ Bill Schmalfeldt, and the Cabin Boy’s™ outrageous behavior has caused some folks to refer to him as “deranged.” The Dreadful Pro-Se Scmalfeldt has responded with multiple LOLsuits for defamation. The TKPOTD from three years ago today dealt with one of his frivolous defamation claims.

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The Dreadful Pro-Se Schmalfeldt is suing over being called “deranged.”WMSvEJ ECF 1-34Words have meaning.

deranged adj. \di-ˈrānjd\ 1. disordered; disarranged. 2. mad; insane.

It is not unreasonable to consider someone with behavior such as Schmalfeldt’s to be disordered. Given his admissions of dementia as well, it seems reasonable that someone would think he is mad.

It was Stacy McCain who first referred to Bill Schmalfeldt as a “deranged cyberstalker.” That strikes me as a reasonable description. However, I still prefer Ken White’s description of the Cabin Boy™ as a “demented freak.”

movie popcornOne more thing … Given what may happen over the next day or so, the Gentle Reader may wish to stock up on Orville Redenbacher popcorn offered by Hogewash! via Amazon.

Stay tuned.

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Mmmmm, popcorn.