As the TKPOTD for seven years ago today noted, Brett Kimberlin often has had difficulty complying with deadlines for filing court papers.
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The docket on PACER does not show that any opposition to my motion to dismiss for failure to state a claim has been filed in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo. Given that the deadline for filing any opposition was last Friday, it appears that the motion is now unopposed.
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I filed two motions to dismiss in that case. One was for improper venue; the other was for failure to state a claim. The court granted both motions, effectively ruling that Kimberlin’s LOLsuit was not only bogus, but filed in a court that didn’t have jurisdiction .
All of Team Kimberlin’ LOLsuits failed because they were never able to put together a logically consistent narrative that alleged all the elements of a tort. The TKPOTD for seven years ago today examine one fatal error in one false narrative.
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The real caption of the RICO 2: Electric Boogaloo LOLsuit is Kimberlin v. Hunton & Williams LLP, et al. Hunter & Williams LLP is a large law firm, but they are not representing themselves. They have hired Williams & Connolly LLP to handle the suit.
This is footnote 9 in the H&W motion to dismiss,
The Dread Pro-Se Kimberlin waited until after the statute of limitations had run before filing his complaint against the people and organization he imagines conspired against him. He didn’t allege that ManTech, PNNL, Bill Nickless, or I were part of that original conspiracy. He’s opportunistically dragged us into the case to try to have some sort of continuity to the supposed plot. Of course, if ManTech, PNNL, Mr. Nickless, and I were never part of the conspiracy, it doesn’t make sense that we acted on its behalf.
But logic has never been one of the strong points in TDPK’s LOLsuits.
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And he dragged me in after having already lost an earlier case against me in which he could have alleged all of his claims against me in the RICO 2 case, but the doctrine of res judicata precluded litigation of those claims. Further, by including me in the alleged conspiracy, the res judicata shield I enjoyed also protected those alleged co-conspirators.
Brett Kimberlin testified under oath in October, 2016, that he was working with the federal government on “election security.”
I’m working with the Department of Justice right now to protect the, this coming election. There’s been a lot of information about hacking by Russians.
There are also indications that he was involved with Ukrainian interests associated with the Democrats and the now-deposed Poroshenko regime. The TKPOTD for three years ago looked at one of Kimberlin’s Ukrainian connections.
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One of the Kimberlin-related websites that has recently disappeared was manafortwatch dot org. The site had an … um … interesting history. Here are the first few lines of the domain’s WHOIS data:
The domain was registered through GoDaddy on 10 August, 2016 and initially hosted on a GoDaddy server (184.108.40.206), but two days later, it was moved to the Fintel Associates server (220.127.116.11) that hosts the Justice Through Music Project and Protect Our Elections websites. On 10 August, 2019, the site was moved back to a GoDaddy server (18.104.22.168), and on 1 September, it was taken down well before the expiration date for the registration.
Here’s the interesting thing about that timeline. The domain was registered one week before the New York Times broke the story of the Ukrainian ledger detailing payments made to Manafort. It seems that someone with insider knowledge of the Ukrainian National Anti-Corruption Bureau’s claims about the ledger was involved in registering the domain.
We know that Alexandra Chalupa was working through her Ukrainian contacts to dig up dirt on Manafort. We know that she was working with Kimberlin through that time period.
I have no Idea how much revenue Brett Kimberlin generated from the DONATE buttons on his websites. However, based on his multiple LOLsuit claims that I’ve used Hogewash! to trick the Gentle Readers in to giving me vast sums of money, I do know that it really gets under Kimberlin’s skin if you hit my Tip Jar. I’m also sure he feels the same way when folks click on my podcasting partner Stacy McCain’s Big Yellow Button.
The Circuit Court in Montgomery County let the Kimberlin v. Walker, et. al. LOLsuit get all the way to a trial, but most of his later state and federal cases failed to survive motions to dismiss. One did make it as far as a summary judgment in the defendant’s favor, but two were killed off via sua sponte dismissals by a judge who had learned his lesson about Kimberlin in previous cases. The TKPOTD for seven years ago today looked at one of the fatal flaws in the RICO 2: Electric Boogaloo LOLsuit.
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Here’s another example of The Dread Pro-Se Kimberlin’s inability to keep his lies straight. First, take a look at this paragraph from his opposition to the U. S. Chamber of Commerce’s motion to dismiss the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.Now, take a look at paragraphs 57 and 58 in his Complaint.
Those two paragraphs describe things that I allegedly did, and that paragraph from the opposition says that those supposed acts were done for the advancement of the mythical RICO conspiracy. That would make me a member. However, according to the Complaint, I’m not.
“[W]hen a complaint contains inconsistent and self-contradictory statements, it fails to state a claim.” Hosack v. Utopian Wireless Corp., Case No. 11-CV-00420-DKC, ECF No. 15 (D.Md. 2011) at 12.
TDPK is lucky that his nonsense about paragraphs 57 and 58 is in that opposition. Since it isn’t within the four corners of the Complaint itself, the Court can ignore it and the resulting contradiction. Of course, there are still plenty of fatal defects in the Complaint, but I don’t need to educate the midget about all of them. At least, not yet.
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The biggest flaw in the RICO 2 case was including me at all. Because he could have made all the new claims against me as part of the first LOLsuit that he lost, he was barred from raising them against me by the legal principle of res judicata. Further, by claiming that I was a member of a conspiracy, that bar extended not only to me but also to my alleged co-conspirators.
BTW, Res Judicata coffee mugs, t-shirts, and other fine swag are available at The Hogewash Store.
During their campaign of lawfare, Team Kimberlin routinely made threats that their enemies would suffer the direst of dire direness. My response posted nine years ago to day was typical: Go Ahead, Make My Day.
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Brietbart Unmasked, who was put on notice to stop contacting me on 15 February, and who continues to do so in violation of Md. Criminal Laws §3-803 and §3-805, sent me the following tweet this evening:
Fine. Charge me. I will have a Sixth Amendment right to confront my accuser. That means that if @BreitbartUnmask won’t reveal his identity, the charges get dropped, and if he does reveal his identity, he can rest assured that I will file harassment charges for his continued contact with me.
Perhaps he shouldn’t be getting his legal advice from Acme.
One of the things I’ve noticed about Brett Kimberlin’s court filings is that they usually read like easily disproved fiction. The TKPOTD for eight years ago today debunked one such claim in his RICO Madness LOLsuit.
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The Dread Pro-Se Kimberlin may be in for a rough time with his RICO claim in his vexatious Kimberlin v. The Universe, et al. lawsuit. He has made allegations of online fundraising by the defendants the underpinning of his claim.He made a similar claim in his Kimberlin v. Walker, et al. nuisance suit in state court. When he tried to get evidence concerning such fundraising into the record, he wound up with these exchanges. This—
MR. KIMBERLIN: Uh-huh. So you’ve raised a lot of money on that site.
MR. AKBAR: No.
MR. KIMBERLIN: You haven’t?
MR. AKBAR: Nope.
MR. KIMBERLIN: Bomber Sues Bloggers has never raised any money?
MR. AKBAR: No. I do a lot of fund raising for charitable activities, homeless people, the hungry, free speech —
MR. KIMBERLIN: I’m asking you a simple question. Have —
MR. AKBAR: Well, what —
MR. KIMBERLIN: — you ever raised any money on —
MR. AKBAR: In the context of what I do for a living, no.
MR. KIMBERLIN: Have you ever received any money, any funds at all, from the National Blogger’s Club?
MR. HOGE: No.
Thus, there is nothing in the record of that trial concerning online fundraising by my codefendants or me that supports TDPK’s similar allegations in the state case. That lack of evidence is part of what led Judge Johnson to render a directed verdict in our favor. That verdict is a final judicial finding that TDPK’s allegations are false. As such, they are not subject to relitigation under the doctrine of res judicata. That means that the RICO claim in the federal lawsuit should be dismissed.
It will be interesting to see what crackpot legal theory TDPK will try to use to save his foundering lawsuit when he files his omnibus answer to all the motions to dismiss in the RICO Madness. His opposition is due on 15 October. There should be plenty of time to stock up on popcorn.
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AFAIK, Kimberlin’s only currently active case is petition for a writ of certiorari seeking to have the Supreme Court review the Seventh Circuit’s denial of his attempt to have his Speedway Bombing convictions set aside. We’ll see how his narrative about those trials plays with the Supremes.
One of the usual suspects, Rights Behind Bars, has filed an amicus brief in support of Brett Kimberlin’s petition for a writ of certiorari in his appeal of the Seventh Circuit’s denial of his attempt to use a writ of coram noibis to attack his Speedway Bomber convictions.
Brett Kimberlin has sued me for defamation four times, and he lost all four for those LOLsuits. One of his complaints was that I’ve called him a terrorist. The TKPOTD for seven years ago today took a look at how he was referred to as a terrorist long before I had ever written about him.
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One of the the things The Dread Pro-Se Kimberlin whines about in his Kimberlin v. Most of the Universe, et al. LOLsuit is how he feels defamed because he’s been called a terrorist. He would have the court believe that being called a terrorist after 15 October, 2010, portrayed him in a false light.
If the Gentle Reader does a Google search on >”brett kimberlin” + terrorist< that is time limited to before 2010, the top results will look something like this—
That first result is the Wikipedia “Kimberlin” page which contains a link to the article about Brett Kimberlin. While the “Kimberlin” page was created in 2008, the article about TDPK wasn’t created until 2012. Gasp! Wikipedia refers to Kimberlin as a terrorist! <sarc>It must be part of the conspiracy!</sarc>
The next hit is a Baltimore Sun article from 1996 reviewing Mark Singer’s book Citizen K. It refers to Kimberlin as a terrorist. The third hit is a piece from Daily Kos that refers to Kimberlin as a bomber “who terrorized the city of Speedway, Indiana …” Neither the BS nor Daily Kos qualify as rightwing nut job publications.
And there are plenty more references to Kimberlin’s history as a bomber/terrorist/criminal. His reputation was out there on the Internet well before 2010 and, certainly, well before I began blogging in 2011.
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In the second state case he filed against me, the court found that his reputation was so poor as a perjurer, drug smuggler, and serial bomber was such that it was impossible to defame him.
And now he’s asking the Supreme Court for relief from his Speedway Bombing conviction.
Being one of the targets of Brett Kimberlin’s lawfare was a serious problem, but one that required mockery as part of the response. His first LOLsuit listed seven causes of action, some of which weren’t things that can be the subject of a lawsuit. Part of my response was to suggest that he forgot to include Mopery With Intent to Lurk among his laundry list of claims. Nine years ago today, one of the Gentle Readers joined in the pointage, laughery, and mockification.
Brett Kimberlin has lost every court case he’s filed over the past decade. The TKPOTD for five years ago today took a look at the one of the easily refuted false claims he made.
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One of the silliest claims that The Dread Pro-Se Kimberlin has made in his various LOLsuits is that making truthful statements about him based on his own writings is defamatory. For example, in his second amended complaint in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit, TDPK alleged this—The statement that Kimberlin has filed over 100 lawsuits is based on Kimberlin’s own words contained in an email he sent to Patrick Frey. The opinion that they were frivolous is based on the fact that he lost almost all of them. And as a blogger on the receiving in of TDPK’s lawfare, I agree that his attacks were vicious.
I’ve seen it suggested in some quarters that Patterico wasn’t telling the truth about receiving such an email from Kimberlin. However, in his order granting summary judgment in Patrick Frey’s favor in the Kimberlin v. Frey RICO Remnant LOLsuit, Judge Hazel found this—By my reckoning, TDPK’s filed another dozen or so civil actions in the past five years. Perhaps the next time he threatens someone he should claim to have filed “over a hundred-and-twelve lawsuits,” but given the way he’s been beaten over the past five years, he may not want to claim that his pro se lawfare is no sweat.
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AFAIK, Kimberlin has only one case pending, his petition seeking the Supreme Court’s review of the Seventh Circuits denial of an attempt to have some of his Speedway Bomber convictions set aside. Kimberlin has managed to get lawyer to represent him pro bono. We’ll see how the case proceeds.
One of the problems that The Deadbeat Publisher Kimberlin has had with his Breitbart Unmasked website is finding a competent editor to keep it running. Bill Schmalfeldt and Matt Osborne have both failed at the job—Schmalfeldt more than once. Indeed, the Cabin Boy’s™ last turn left the site in such bad shape that no one has bothered to post anything new for almost four years. In fact, some of the posts have been memory holed. That’s not the first time BU has been subjected to an editorial cleaning. The TKPOTD for six years ago today dealt with the clean up that occurred after Schmalfeldt’s first tune as editor.
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The Cabin Boy™ was editor of Breitbart Unmasked for while before 57F Osborne took over and turned it into Bunny Boy Unread. The site is backed up all the way to a 21 February, 2012 post by The Watchful Avenge called THE OCCUPY UNMASKED LIE. That post is still available on the Breitbart Unmasked Bunny Boy Unread website, but a significant number of posts from the Cabin Boy™ era have been memory-holed. For example, these posts from the last month before Schmalfeldt was fired have been spoliated—
13 Jul WHEN DID FRANZ KAFKA START WRITING MY LIFE’S STORY?
13 Jul JOGGING HOGE’S MEMORY
13 Jul EXPLAINING WHY HOGE IS WRONG ABOUT THE LAW
13 Jul HOGE SEEMS TO BE HAVING A CRISIS OF SPIRIT
14 Jul HOGE’S CRISIS PASSES, WAR CONTINUES
14 Jul CHRIST’S ADMONITION TO HYPOCRITES LIKE HOGE, WALKER AND THEIR SUPPORTERS
16 Jul DESTROYING BRETT KIMBERLIN’S FAMILY
27 Jul HOW LOW CAN YOU GO?
28 Jul 5,000 WORDS OF HATE FROM R. STACY MCCAIN
6 Aug HONESTLY, POPEHAT. I’M BLUSHING OVER HERE
10 Aug ALI AKBAR ANNOUNCES NEWEST PARTNER OF PUNDIT SYNDICATION, LLC—WJJ HOGE
Of course, these are all backed up both online and offline. So has essentially everything that has been posted to the site.
When one buys pixels by the terabyte, a few gigabytes don’t even amount to pocket change.
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For the record, there have been over 24,000 post here at Hogewash!, and all of them are still online—except for one, the donation page for the fund that was created to support Tetyana Kimberlin’s legal expenses when she was seeking protection from her husband. The page was taken down when the fund was suspended at her request.
Brett Kimberlin’s Justice Through Music Project is a 501(c)(3) not-for-profit. The image below is a screenshot from the jtmp dot org website. It was taken just after 10pm ET last night.
Just after I took that screenshot, I found this at irs dot gov—
Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.
Certain activities or expenditures may not be prohibited depending on the facts and circumstances. For example, certain voter education activities (including presenting public forums and publishing voter education guides) conducted in a non-partisan manner do not constitute prohibited political campaign activity. In addition, other activities intended to encourage people to participate in the electoral process, such as voter registration and get-out-the-vote drives, would not be prohibited political campaign activity if conducted in a non-partisan manner.
On the other hand, voter education or registration activities with evidence of bias that (a) would favor one candidate over another; (b) oppose a candidate in some manner; or (c) have the effect of favoring a candidate or group of candidates, will constitute prohibited participation or intervention.
Who knows, it may be that by 2025 some of those 87,000 new IRS agents will have the training and experience necessary to perform audits of noncompliant 501(c)(3) organizations. And maybe in 2025 they’ll be working for someone who will “take Care that the Laws be faithfully executed”.
BTW, the United States does not have an extradition treaty with Ukraine. I wonder how that might affect some peoples’ retirement plans.
Yesterday, we mentioned a couple of the members for Team Kimberlin by the titles they were tagged with as members of The Dread Pirate Kimberlin’s crew. Ten years ago today, the Dread Pirates Robert and Kimberlin were compared in this post.
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The Dread Pirate Roberts, so the story goes, is a pirate of near-mythical reputation, someone feared across the seven seas for his ruthlessness and swordfighting prowess, and who is well known for taking no prisoners. Ships immediately surrender and give up their cargos rather than be captured, a fate they imagine to be certain death.
The Dread Pirate Kimberlin is more like a legend in his own mind, a pretender who wishes to be feared for his ruthlessness and legal ability and to be known for vanquishing all comers in court. Critics, he thinks, should immediately stop telling the truth about him and give up their First Amendment rights at his command.
It turns out that Dread Pirate Kimberlin’s legal acumen seems to be as fictional as Dread Pirate Roberts’ existence. And no one will surrender to Dread Pirate Kimberlin.
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He’s lost every LOLsuit he’s filed since he made the mistake of tangling with me.
After Brett Kimberlin put up a pirate theme Bloggers Offense Fund website, I began referring to him as The Dread Pirate Kimberlin and to his associates as various members of his crew. Neal Rauhauser, who was working with Kimberlin’s not-for-profits at the time, became First Mate, and one of the Gentle Reader’s tagged Bill Schmalfeldt as the Cabin Boy. Other associates and enablers were given spots on the crew as well. The appellation “Pirate” change from time to time depending on how The Saga was progressing—Perjurer, Performer, Pusher, etc.—and “Dread” changed to “Deadbeat” when Kimberlin failed to pay various court-ordered sanction.
The Deadbeat Pro-Se Kimberlin’s first LOLsuit naming me as a codefendant was the only one of his multiple defamation cases to get as far as a trial. The TKPOTD for eight years ago today dealt with an odd question he asked Stacy McCain during that trial.
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The Dread Pro-Se Kimberlin asked remarkably foolish questions during the trial for the Kimberlin v. Walker, et al. nuisance lawsuit. Consider this exchange with Stacy McCain.
MR. KIMBERLIN: Do you tie me to Neal Rauhauser?
MR. MCCAIN: You’ve tied yourself to Neal Rauhauser. You told a Maryland court that he is your associate. He has claimed you as his client. Neal Rauhauser has represented your other —
MR. KIMBERLIN: Objection. That’s hearsay
MR. MCCAIN: I’m answering your question.
MR. OSTRONIC: Objection.
THE COURT: It’s your question, sir.
MR. KIMBERLIN: I know. But —
MR. MCCAIN: Can I answer the question?
THE COURT: Yes. You may.
MR. MCCAIN: Thank you. Okay. Neal Rauhauser, you stood in court and said that Neal Rauhauser is your associate. He’s attended multiple hearings where he was not a party that you were involved in. Neal Rauhauser has described you as his client. Neal Rauhauser represented himself as an agent of your nonprofit, Velvetrevolution.us. So he is your associate.
Brett Kimberlin has been in court for the past few years seeking to have some of his Speedway Bombing convictions over turned. Kimberlin case is based on asking for a writ of coram nobis to allow review of “errors” made during his trials. The TKPOTD for nine years ago today published a synopsis of his rap sheet.
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Cabin Boy Bill Schmalfeldt keeps referring to Brett Kimberlin’s “alleged” crimes. Here’s the list of federal crimes of which Brett Kimberlin has been convicted, some on multiple counts.
Conspiracy to Possess Marijuana
Intent to Distribute Marijuana.
Possession and Illegal use of Department of Defense Insignia
Illegal use of the Seal of the President of the United States
Impersonation of a Federal Officer.
Receipt of explosives by a convicted felon
Possession of an Unregistered Destructive Device
Unlawful Manufacturing of a Destructive Device
Malicious Damage by Means of Explosives
Malicious Damage by Means of Explosives Involving Personal Injury.
The aggregate sentence for all of those charges (except the earlier perjury rap) was over 51 years. Kimberlin was paroled, had his parole revoked, and paroled a second time in 2001. In 2006 he was released from supervision by the Parole Commission. His sentence will finally expire in 2030.
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Because there is a difference in how different courts of appeals treat the writ of coram nobis, it’s possible the Supreme Court might take the case in order to clarify the law. However …
Even if the Supreme Court were to grant Kimberlin’s petition for a writ of certiorari and were to decide in his favor and order the case reopened, and even if the lower courts wound up granting Kimberlin the relief he is seeking, he will still be a convicted felon, and none of his rights will be restored.
His perjury conviction will still stand.
He pleaded guilty to the drug charges, so they will still stand.
The convictions relating to his arrest for attempting to have false federal IDs printed will still stand.
Brett Kimberlin is the subject of an authorized biography called Citizen K: The Deeply Weird American Journey of Brett Kimberlin. This post from nine years ago today provided an Amazon link to purchase a copy.
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Back in the ’90s, before Brett Kimberlin’s parole was revoked, Mark Singer extensively investigated Brett Kimberlin’s background and his claim to have sold marijuana to Dan Quayle. Citizen K is the saga of a master drug smuggler, convicted bomber, suspected murderer, jailhouse lawyer, and media manipulator, whose story about supplying marijuana to a future vice president is only the beginning.
When Kimberlin was served with discovery interrogatories related to the book during one of his LOLsuits, Kimberlin claimed that he didn’t have a copy, so I bought one and sent it to him with discovery interrogatories in another case.
Oh, and here’s an interesting twist. The first copy of Citizen K I acquire was a gift from one of the Gentle Readers who had bought it at a used bookstore. It was marked as having been the property of the public library in Bloomington, Indiana.
One of the reason the Brett Kimberlin failed in his campaign of pro se lawfare was his inability to see the possible consequences of his court filings. The TKPOTD for six years ago dealt with one of the admissions against interest he made in motion. Take a look at paragraph 7 in his motion.
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The Kimberlins have filed this motion in the Walker v. Kimberlin, et al. lawsuit seeking to depose Aaron Walker’s wife before the trial.
It will be interesting to see how the court rules on this during the 30 September motions hearing.
The Dread Pro-Se Kimberlin says he wants to have copies of the pictures Mrs. Walker took of him on 1 March, 2013, while he was stalking her. I don’t have any of them, but I do have this picture of him cruising the parking lot of the Howard County District Courthouse one week later on the date of a peace order hearing against Bill Schmalfeldt. That hearing was continued for two weeks. Schmalfeldt was out of town because of his mother’s death.TPDK drove around the lot, apparently looking for a particular vehicle, and left after circling the lot twice. He returned a half-hour later (just before the hearing time), circled the lot again, and left again. I believe that he was looking for the Walker’s SUV with Virginia tags. The second time he cruised the lot, he stopped in front of the car in which Aaron was sitting (a borrowed sedan with Maryland plates) without recognizing Aaron. It’s likely the Kimberlin was trying to serve a motion on Aaron, because one was mailed to him from the Elliott City post office that afternoon. The handwriting on the envelope appeared to be Kimberlin’s. Schmalfeldt was out of town and could not have mailed it.
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I saved several of the cartoons the Cockroach (Vigilans Vindex) posted as comments here, and the one for the original post sums up Kimberlin’s mistake.Heh.
At this point in 2014, Brett Kimberlin has just lost the first of his LOLsuits that included me as a defendant, and only the first of his RICO LOLsuits was still pending. He had just told a reporter the Aaron Walker, Stacy McCain, Ali Alexander, and I could expect lawsuits for the rest of our lives. The TKPOTD fro eight years ago today considered that threat.
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The Dread Pro-Se Kimberlin is rattling his tail and threatening to strike out with yet another vexatious federal lawsuit against the original defendants in the state Kimberlin v. Walker, et al. nuisance lawsuit.
Before he does that, he might want to war-game the various responses that are possible from one or more of the potential defendants. There are some things that he may think are low-to-zero probability that … well, let’s just say that he really, really should consider the potential costs of such a lawsuit.
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The questions posed by this comment to the original post have never be properly answered..
We’ve been following the progress of Brett Kimberlin’s attempt to have some of his Speedway Bombing convictions set aside. His latest effort failed in the U.S. District Court in Indianapolis and the Court of Appeals for the Seventh Circuit. Last month, he filed a petition for a Writ of Certiorari with the Supreme Court, and the government’s response was due on 6 September. The government asked for an extension of time to respond until 11 October, and the Court granted that request yesterday.
FWIW, I’m not the first person to come to the conclusion that Brett Kimberlin is a liar. The TKPOTD for eight year ago today took a look at some earlier opinions.
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As part of my background research on the Dread Pro-Se Kimberlin, I dug up a bunch of the reviews of his authorized biography Citizen K from when it was published in 1996. Considering that he hasn’t let the one year statute of limitations on defamation stop him from suing me over a non-defamatory blog post written more than a year before he filed suit, TDPK may want to consider adding these media outlets to the new suit he says he’s cooking up.
New York Times—
Mr. Singer began his reporting for the book in the summer of 1993, by going back to Indiana and checking up on what Mr. Kimberlin had told him. What he learned led him, almost immediately, to the conclusion that his subject was a liar of substantial proportions.
Having since decided that his subject was, in fact, lying, he’s returned to the tale and fleshed out Kimberlin’s manipulative personality.
Citizen K lied. Brett lied. Lied about selling pot to Quayle. Lied about everything.
Quayle, it now seems, deserves apologies.
Los Angeles Times—
Singer eventually found nearly all his complaints without foundation.
By the end of this complex tale you are left regretting that Singer and the New Yorker overlooked the sound advice of a New Yorker writer of an earlier time, James Thurber. One of his fables, about a feckless horse, ends with a moral all reporters should keep close to their hearts: “Get it right or let it alone. The conclusion you jump to may be your own.”
You see, Gentle Reader, Brett Kimberlin’s reputation as a liar goes a long way back.
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A reputation so bad a court found he was defamation proof.
As the Kimberlin v. Walker, et al. nuisance LOLsuit was coming to an end in state court, Brett Kimberlin began trying to get a temporary restraining order in the federal RICO Madness LOLsut against the state court defendants who common to both cases. However, the federal suit was under a case management order, so Kimberlin had to ask for permission to file for the TRO, and he asked for an unusually long schedule for the filing. Judge Hazel said, “No,” point out that if the matter is important enough for a TRO, Kimberlin needed to get his paperwork in promptly. He set a drop dead date for filing.
The reason Kimberlin wanted more time than usual was that he had planned to take a vacation in Hawaii with his wife and her two daughters. BTW, he lists his salary on the Justice Through Music Project IRS Form 990 as $19,500 a year, and he told the Seventh Circuit Court of Appeals last year that he should be given a pro bono lawyer because he has to makes do on his JTMP pay and a small bit of Social Security.
The TKPOTD for eight years ago today was about Kimberlin’s response to the judge’s instructions.
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Thursday, 28 August, 2014, was the drop dead date for The Dread Pro-Se Kimberlin to either file his motion for a preliminary injunction in his Kimberlin v. The Universe, et al. RICO Madness or to inform Judge Hazel that he was withdrawing his request to file such a motion. Failure to do one or the other was not an option, but it seems that was the course TDPK chose.
No new filings showed up in the case docket on PACER on Thursday, but if something had been filed at the last minute or put in the after-hours drop box, it would not have made it into the system until Friday. There was nothing new on Friday either.
I was informed by my lawyer in the state Kimberlin v. Walker, et al. nuisance lawsuit that TDPK had threatened to file an additional federal lawsuit against me and my state codefendants for some unspecified cause of action. (Mopery with intent to lurk?) That suit was also supposed to come on Thursday as well, but no new case had appeared in PACER as of Friday.
I’m beginning to wonder if Brett Kimberlin has caught on to the fact that his associate Neal Rauhauser’s theory of lawfare has several fatal flaws. First, it won’t work when it is used to attack someone or some organization with a combination of deep pockets and deep principles. Second, it won’t work against a pro se defendant with the time, intellectual resources, and stamina to engage in the kind of legal judo necessary to turn the lawfare back on the plaintiff. Third, it won’t work when it is used to attack so many defendants at once that they can overwhelm the plaintiff with their filings in reply to his complaints and motions.
TDPK hit the trifecta with his RICO Madness. Maybe he’s learned his lesson.
And maybe not.
He is making noises about appealing his loss in the state lawsuit.
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Losing that first state case wasn’t enough. It took losing the RICO Madness, RICO Retread, and RICO 2:Electric Boogaloo LOLsuits for Kimberlin to learn to stop messing with me, and he had to lose the RICO Remnant and RICO 3 LOLsuits as well before he finally gave up on trying to use lawfare for reputation management.
Back in 2016, Brett Kimberlin sued Senators McConnell and Grassley because they held up the nomination of Merrick Garland to the Supreme Court. The TKPOTD for six years ago today took a look at a possible motivation for that failed LOLsuit.
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In the first paragraph of the Complaint in the Kimberlin v. McConnell, et al. LOLsuit (that’s the one in which he’s suing the Senators McConnell and Grassley for not moving the Garland nomination to the Supreme Court through the confirmation process), The Dread Pro-Se Kimberlin says that part of his duties at Justice Through Music Project is to file lawsuits to vindicate his own personal rights. That suit was dismissed for lack of standing by the U.S. District Court, and it’s now on appeal at the Court of Appeals for the Fourth Circuit.
I suspect Brett Kimberlin sees sticking his nose into the Garland nomination controversy as an opportunity to stir up some donations for his not-for-profits, and the JTMP website has a post on the issue.Note that the post, which has been up for several weeks, has not generated a single comment. That’s unsurprising. Not one of the posts shown on the JTMP Home Page has elicited any comments. Again, that’s not surprising given how little traffic the site generates.
The odds are that more people will read this post today than will visit the JTMP website this month. I probably never would have written a word about Brett Kimberlin if he hadn’t engaged in his campaign of brass knuckles reputation management and got that unconstitutional peace order against Aaron Walker, and Aaron wouldn’t have been involved if Kimberlin hadn’t engaged in shutuppery against Seth Allen. I wonder—does Brett Kimberlin ever wish he had ignored what Seth Allen was writing?
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Stacy McCain calls Kimberlin The World’s Worst Pro Se Litigant™. I’ll just say that stupid is as stupid does.
Lawfare hasn’t been the only thing I’ve had to put up with from Team Kimberlin. They also tired to intimidate me with various forms of cyberthuggery. This post about Anonymity and Cowardice ran nine years ago today.
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The use of the term “anonymous coward” to describe someone who posts a comment without using his real name or a known nom de cyber goes back to the early days of Usenet. If Samuel Clemens were to comment here as Mark Twain, he would not be considered an anonymous coward. (Note: Someone using a known nom de cyber (i.e., @BreitbartUnmask) may be a coward but doesn’t really meet the definition of anonymous coward.)
OTOH, these “commenters” are clearly anonymous cowards:The abusive, often obscene, content of the comments submitted under these names compounds the cowardice of the sender(s). He (they) doesn’t (don’t) have the courage to speak openly.
I’ve received around a hundred such “comments” over the past few months. I’ve posted a few of them. Most have been so juvenile that my reaction has been to shake my head and file them away. Some, however, have contained seriously perverted messages that raise concerns about the stability of the sender. They have caused my family to take some additional measures to assure our safety.
There are some really sick weirdo trolls on the Internet.
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Bullies always seem surprised when a victim punches back, and I’ve rarely settled for only twice as hard.