Team Kimberlin Post of the Day


On 1 July, 2014, five of the seven counts in the Kimberlin v. Walker, et al. nuisance LOLsuit were thrown out on summary judgment because there was either no evidence to support them or because they weren’t valid causes of action, that is, valid reasons to sue. It turns out that including claims for invalid causes of action would be a common problem with The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits. The TKPOTD for six years ago today dealt with one such defect in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit.

* * * * *

The Dread Pro-Se Kimberlin is now stuck having to prosecute his Kimberlin v. The Universe, et al. RICO Madness based on his Second Amended Complaint. The court has ruled that he gets no more do overs. That means he has to make his case using junk like this—ECF 135-189For those of us who haven’t memorized all the thousands of pages of the U. S. Code, here’s what 18 U.S.C. § 1512(k) says.

(k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

Notice that § 1512(k) doesn’t prohibit anything. It simply describes what the penalty for conspiring to commit a violation would be. So what that means is that in paragraph 189 TDPK is accusing my fellow defendants and me of … nothing at all.

Federal Rule of Civil Procedure 15(a)(3) requires that we defendants respond to an amended complaint “within 14 days after service of the amended pleading.” The Clerk of the Court posted it on PACER on 24 June. TDPK should expect a deluge of paper between now and 8 July. He will then have 14 days to reply; the second half of July might be quite busy.

popcorn4bkBTW, all of the discovery in the state Kimberlin v. Walker, et al. case is due on the 10th, and the trial for that case is set for 11 August. Yep. The second half of July could be busy.

Stay tuned.

* * * * *

In fact, that July did see a lot of legal tussle which culminated in TDPK losing the first of the four LOLsuits he filed against me during August.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


July seems fo be bogus subpoena month for Team Kimberlin. Here are a pair of posts about subpoenas requests made during a couple of their LOLsuits. The first is the TKPOTD from five years ago today and deals with The Dread Deadbeat Pro-Se Kimberlin’s RICO Remnant LOLsuit. The second is a Legal LULZ Du Jour from three years ago today. It deals with The Dreadful Pro-Se Schmalfeldt’s LOLsuit VIII: Avoiding Contact.

* * * * *

The Dread Pro-Se Kimberlin is scurrying about trying to put together a case against Patterico to keep the remnant of the RICO Madness LOLsuit alive. He’s asked the court to issue these subpoenas.

I may have more to say about this in a day or two.

* * * * *

Wanna bet?

This is what the U. S. District Court for the District of South Carolina Information on Representing Yourself in a Civil Action says about subpoenas on page 16—

Also—

Notice to Other Parties Before Service. If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served on the person to whom it is directed, a notice and a copy of the subpoena must be served on each party.

—Federal Rule of Civil Procedure 45(a)(4)

So The Dreadful Pro-Se Schmalfeldt won’t get any subpoenas issued until after the Court has granted a motion allowing them (a motion that would likely be opposed), and if he gets any subpoenas, he can’t serve them until he has served a copy on each defendant.

Nothing is likely to proceed as the Cabin Boy™ has hallucinated.

* * * * *

The U. S. District Court for the District of Maryland never issued those subpoena Brett Kimberlin sought. However, it did issue a subsequent one directed to me, but Kimberlin never properly served it. I could have blown it off, but in an effort to avoid further hassles, I responded with all of the relevant information I had. Because nothing I provided was helpful to his case, TDPK filed a motion to have me sanctioned by the court. That motion died when Paterico won the case.

The U. S. District Court for the District of South Carolina never issued any of the subpoenas in Bill Schmalfeldt’s LOLsuit VIII because he never complied with the court’s rules regarding pro se subpoenas.

In both cases everything wound up proceeding as I had foreseen.

And both the losers lost.

Team Kimberlin Post of the Day


This post titled Connecting Some of the Dots links to an interview Stacy McCain did with Brandon Darby. That interview points out the connections between Team Kimberlin and other leftists. When the post was published eight years ago today, Brett Kimberlin was being referred to a “Lord Voldemort (He Who Must Not Be Named Under Penalty of Peace Order)” because the unconstitutional gag order issued against Aaron Walker was still in effect.

* * * * *

Stacy McCain has published an interview with Brandon Darby about the connections between Brett Kimberlin Lord Voldemort, Neal Rauhauser, and mainstream progressives.

The story seems complicated until you put it into the historical perspective it exists within. Then it is quite simple. Left media doesn’t cover the story because many of them are involved with the networks of operatives we are discussing.

Read the whole thing.

* * * * *

Seriously, go read that interview. It lays out some of the ways that Team Kimberlin has been used as “well funded and organized shock troops whose goal is to destroy anyone who challenges their masters.” Brett Kimberlin has testified under oath that he and his associates were working with the Department of Justice on election hacking during the 2016 election, and he’s been deeply involved with some rather … umm … interesting Ukrainians and Ukrainian-Americans.

Will things get interesting this year?

Team Kimberlin Post of the Day


Here’s the TKPOTD from three years ago today. Kimberlin’s motion that it presents is full of lies, and it misstates the law related to discovery in the case.

* * * * *

Yesterday afternoon, I posted the online docket entry for this—

I don’t plan to make any substantive public statement about this motion in any form other than a court paper until after the court has ruled on it.

Everything is proceeding as I have foreseen.

* * * * *

One the most transparent lies in the motion was the claim that I didn’t allege damages until over a year after I filed the lawsuit.

After enumerating losses I suffered and costs I incurred, paragraph 33 of my complaint states, “Thus, Mr. Hoge suffered actual damages.” Similarly, paragraph 62 damages suffered and ends with, “Thus, Mr. Hoge suffered actual damages,” as does paragraph 71.

The Gentle Reader should not be surprised that the court denied The Dread Deadbeat Pro-Se Kimberlin’s motion.

Team Kimberlin Post of the Day


Yesterday was the fourth anniversary of the Maryland Court of Appeals (the state’s highest court) denying Brett Kimberlin’s petition for a Writ of Certiorari in his appeal of the Court of Special Appeals affirmation of his loss in the Kimberlin v. Walker, et al. nuisance LOLsuit. This post, Another One Bites the Dust, announced the denial four years ago today.

* * * * *

Yesterday, the Maryland Court of Appeals published the list of petitions for writs of certiorari it has denied for the month of June. Here’s an extract from the list.Cert denied 20160625This was The Dread Pro-Se Kimberlin’s attempt to appeal the affirmation by the Court of Special Appeals of the defendants’ win in the Circuit Court, and it keeps his batting average perfect at .000.

Everything is proceeding as I have foreseen.

* * * * *

Gentle Reader, I’ve taken to referring to Kimberlin as The Deadbeat Pro-Se instead of The Dread Pro-Se. Given his life history and his recent record in court, it may be that The Dud Pro-Se Kimberlin is appropriate as well.

Hmmmmm.

Team Kimberlin Post of the Day


Last week, this site had a post about a music video which employed Brett Kimberlin as one of its producers and as rhythm guitar player. It turns out that Hogewash! in not the only website to take notice. This was published at empr dot media on 3 June.The Gentle Reader may remember that Protect Our Elections/EMPR Inc. is The Dread Deadbeat Performer/Protector Kimberlin’s organization which was formerly known as Velvet Revolution US. The IRS has revoked its 501(c)(4) not-for-profit status.

Note: In the past, I have avoided referring to Miss Kimberlin by name when she was a part the narrative in a post because she was a minor child. However, she is now 21 and promoting herself as a performer. I now feel free to write about her to the extent that she makes herself a public person. She has had a rough start in life as a child. I wish her well and hope that she finds a happy, rewarding, and productive future as an adult.

Team Kimberlin Post of the Day


Today is the fifth anniversary of this Qapla’ post.

* * * * *

The Court of Appeals for the Fourth Circuit has dismissed The Dread Pro-Se Kimberlin’s appeal of the U. S. District Court’s dismissal of all but one of the claims in his Kimberlin v. The Universe, et al. RICO Madness.

I’ll have more to say about this later.

* * * * *

Of course, winning that appeal was a special victory for me, but I suppose it was just one of the “over a hundred” lawsuits that The Dread Deadbeat Pro-Se Kimberlin has filed—and lost.

Team Kimberlin Post of the Day


A couple of posts from three years ago today are at one end of an interesting thread that runs to the present. One post was titled DMCA LULZ Du Jour and the other was the TKPOTD for that date. Here’s the first post.

* * * * *

I received this email from WordPress yesterday afternoon—

IIRC, all of the images that the Cabin Boy™ bitches about in his DMCA notice were published on Twitter. That gives other Twitter users a royalty-free license to republish them. Now, I don’t know whether all of the commenters involved have Twitter accounts, but even use by someone who isn’t a Twitter user or use of an image not published on Twitter would probably be covered by Fair Use as noted in Twitter’s email.

BTW, it was a righteous DMCA notice concerning an image that the Cabin Boy™ foolishly used that forced Breitbart Unmasked Bunny Billy Boy Unread to flee to an off-shore server.

Failing failures gotta fail.

* * * * *

That day’s TKPOTD was also about that off-shore server.

* * * * *

Here’s some fun factoids about the Interwebz—That’s the complete list of the web domains using xeonhosting dot net for a nameserver as of 21:30 UTC yesterday. I’ll leave it to the Gentle Reader to note anything else these domains might have in common.

* * * * *

Here are the domains hosted on that off-shore server now—

breitbartunmasked dot com
empr dot media
greencasamaryland dot org

Once again, I’ll leave it to the Gentle Reader to note anything else these domains might have in common.

Team Kimberlin Post of the Day


A commenter to yesterday’s TKPOTD asks if Lobotomy, the song in the music video referenced in the post, is a recycled Op-Critical tune. I believe so. Here’s a song list from op-critical dot com, the website for what used to be the house band for The Dread Deadbeat Performer Kimberlin’s not-for-profit Justice Through Music Project. Lobotomy is one of the titles listed.That website doesn’t appear to have had any maintenance for several years. All of the links are broken.

Team Kimberlin Post of the Day


I stumbled upon a link to a music video posted on YouTube last week that had the following information included in the credits—

I’ll make a couple of comments.

First, this explains what The Dread Deadbeat Protector Kimberlin has been doing instead of focusing on his Protect Our Elections/EMRP Inc. not-for-profit.

Second, I once remarked that while I would normally advise someone with The Dread Deadbeat Performer musical talent not to give up his day job, I was willing to make an exception in Kimberlin’s case. I’ll stand by that exception for Kimberlin.

Team Kimberlin Post of the Day


Brett Kimberlin thought he could use a campaign of pro se lawsuits to harass his critic and shutdown unfavorable Internet discussion of his past and ongoing activities. The blogosphere responded with Everybody Blog About Brett Kimberlin Day, and several bloggers took up continuing coverage fo Kimberlin’s lawfare. Here’s a post from eight years ago today which was Blogburst D+7.

* * * * *

The Kimbelin blogburst was a week ago today. Mr. Kimberlin may feel as if he’s one up with his good luck in court on Tuesday, but I’m still betting on the good guys (and gals) winning in the end.

Stay tuned. The truth is out there.

UPDATE—Glenn Reynolds asks, “How’s that ‘brass-knuckles reputation management’ working’ out for ya?” And he posts a screenshot of the first page of a Google search on Brett Kimberlin. When I did a such a search earlier this morning, the first remotely favorable return was on the second page. It was an old post alleging that he had been held as a political prisoner because of his claims of being Dan Quayle’s dope connection.

Someone should have given Mr. Kimberlin better advice about trying to pick on bloggers. To paraphrase Rick Blaine’s advice to Major Steiner:  Well there are certain sections of the Internet, Mr. Kimberlin, that I wouldn’t advise you to try to invade.

* * * * *

Kimberlin should have read this blog’s tagline and taken it as advice—Never pick a fight with a man who buys pixels by the terabyte.

Team Kimberlin Post of the Day


Brett Kimberlin’s only real footprint on the Internet is on sites such as Hogewash! which tell the truth about him. None of his attempts at generating a web presence of his own have been successful. The TKPOTD for five years ago today took a look at the comments, or rather the lack of comments, he had been able to generate at the velvetrevolution dot us website. (That not-for-profit is now called Protect Our Elections/EMPR Inc.)

* * * * *

Every once in a while, I take a look at the various Kimberlin websites to see what, if any, influence he may be having. I noticed this at the Velvet Revolution US site.VRUScomments20150530No one has made any comments to the featured posts. Indeed, scrolling down the front page, I found that none of the posts had any comments.

It seems that the Dread Pro-Se Kimberlin is having about as much success in the marketplace of ideas as he is in the courts of law.

* * * * *

You’d think that with the current controversy over vote-by-mail there would be some activity over at the protectourelections dot org website, but nothing new has been posted for almost three months.

Hmmm.

Team Kimberlin Post of the Day


Six years ago, my codefendants and I were in the midst of the first of Brett Kimberlin’s LOLsuits against us, the Kimberlin v. Walker, et al. nuisance suit. Ali Alexander and Aaron Walker were both codefendants with me in two more cases (Kimberlin v. National Bloggers Club et al . (I) RICO Madness and Kimberlin v. National Bloggers Club, et al. (II) RICO Retread). Stacy McCain and Kimberlin Unmasked were only included in the next one. I got a completely fresh set of codefendants for the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit.

Discovery was due in that first case during May, 2014. Kimberlin’s responses to our interrogatories, requests for admissions, and requests for documents were generally unsatisfactory. The TKPOTD from six years ago today dealt with one of those inadequate responses.

* * * * *

The Dread Pro-Se Kimberlin seems to believe that he’s a super special snowflake who shouldn’t have to answer those pesky and impertinent discovery interrogatories I’ve sent his way as part of discovery in the Kimberlin v. Walker, et al. nuisance lawsuit. This is from his motion for a protective order to allow him to dodge answering.InterogPara86Here’s paragraph 86—BK v AW FAC-86

Now, let me get this straight. TDPK is suing me for a million bucks, and information that would tend to either verify or refute his allegations is irrelevant to the case.

Uh, huh.

Stock market tip: Conagra owns the Orville Redenbacher’s brand.

* * * * *

Although Kimberlin probably still doesn’t understand the irony, his response to that interrogatory was truthful in one sense. Kimberlin lost his case because he never presented any evidence to the court that we had said or written anything false about him. Because there were no facts for the jury to try, the judge granted a judgment in our favor as a matter of law.. So, yes, the facts related to paragraph 86 of Kimberlin’s complaint were “irrelevant to [his] case.”

Team Kimberlin Post of the Day


Team Kimberlin has rarely been effective in anything thing they tried, and the usual cause of their failure has has been a high level of incompetence shared among all of the members. Brett Kimberlin has rarely been able to figure out how to properly file legal paperwork, and his PR flacks have rarely been able to tell coherent stories to spin his narratives. For example, consider this Prevarication Du Jour from five years ago today.

* * * * *

The Cabin Boy™ has claimed that I have to look back to 2013 to find his nonsensical legal mouthings. A few hours or a few days will do. For example, …@GrouchyOldLib201505182332ZThe only accusation of stalking ever filed against me was in Brett Kimberlin’s recent peace order petition. However, it was thrown out during the ex parte hearing for the temporary order, that is, the judge found that the accusation of stalking was bogus.

I’ve been charged with harassment twice. The first time was in 2013. Brett Kimberlin filed the charge which was dropped and expunged so quickly that I was never served. There’s another charge pending about which I will not comment until after I have been served with the charging document, know what I’m actually accused of, and have reviewed that with counsel.

Meanwhile, the Cabin Boy™ continues to get things wrong.

UPDATE—As to that thing about being sued by multiple people, yeah, I’m being sued by two people, Brett Kimberlin and the Cabin Boy™. Kimberlin lost his first two suits against me (Kimberlin v. Walker, et al. and Kimberlin v. National Bloggers Club, et al. RICO Madness). His third suit against me (Kimberlin v. Team Themis, et al. RICO2: Electric Boogaloo) is in the early stages, but I have have filed a motion to dismiss which Kimberlin has failed to oppose.

The Cabin Boy™ has filed several suits or sets of counterclaims against me. He withdrew the first suit two days after he filed it. His counterclaims were dismissed with prejudice. His second suit was dismissed for lack of subject matter jurisdiction. We’ll have a hearing on one of my motions to dismiss his latest frivolous lawsuit next Wednesday.

UPDATE 2—Let’s do a thought experiment. Pretend that The Dreadful Pro-Se Schmalfeldt’s current LOLsuit survives the motions to dismiss. Is it possible that the Defendants might file counterclaims? What interrogatories might be asked in discovery? What documents might be sought? Who might be deposed? Does the Cabin Boy™ have the means, financial or otherwise, to finish what he has started?

Inquiring minds want to know. If the Cabin Boy™ is lucky, they won’t find out.

* * * * *

Yeah, Schmalfeldt’s been nearly completely incompetent as a pro se plaintiff too.

Team Kimberlin Post of the Day


Eight years ago was Everybody Blog About Brett Kimberlin Day. Lots of websites participated, including one that was then known as Breitbart Big Government. I linked to their coverage in a post titled I’m Shocked, Shocked …

* * * * *

Big Government reports that Mr. Kimberlin’s 501c3 funders are “stunned” to be supporting him.

Uh, huh.

I’m reminded of Captain Louis Renault.

* * * * *

Many of the usual suspects no longer associate with Kimberlin. Openly.

Team Kimberlin Post of the Day


Today is the eighth anniversary of my first blog post about Brett Kimberlin. It was called No Thugs Zone.

* * * * *

Fellow blogger and Maryland resident Stacy McCain has had to move his family out of the state because of threats related to blogging about Brett Kimberlin. He is not the only blogger suffering abuse from Kimberlin.

Mr. Kimberlin was unwise in choosing to pick a fight with the blogosphere. He is likely to find that, while we don’t always agree with one another, we have each other’s backs when the freedom of the Internet is threatened. Mr. Kimberlin and those who have supported him (I’m looking at you, Ms. Streisand) have bitten off more than they can chew. The pushback is just beginning.

UPDATE–The McCain family is having a ton of unforeseen expenses because of their sudden move. I just hit his tip jar. Why don’t you?

UPDATE 2–Expect more, a lot more, about this on Friday.

* * * * *

I’m not done with him yet.

Team Kimberlin Post of the Day


What kind of person builds time bombs and sets them in public places?

I believe that cowardice would be one of such a person’s defining characteristics.

What kind of person files multiple privileged court documents filled with defamatory lies but will never say the same things in a non-privileged forum?

Again, cowardice is probably part of the person’s character.

This post from four years ago today is about such a person.

* * * * *

On Wednesday, several items appeared on the case docket that had been filed by Brett and Tetyana Kimberlin. Yesterday, I obtained copies from the Clerk of the Court. (The Dread Pro-Se Kimberlin hasn’t served me with copies yet.) Last night, I reviewed their filings, and this morning, I filed a motion to strike one of them which I believes contains improper, immaterial, and scandalous material in its title in violation of Md. Rule 2-322(e).

Here is the Kimberlin filing with the title redacted.

Here is my motion to strike.

My motions speaks for itself, so I do not intend to make any further public comment on either motion until the court has ruled on them.

* * * * *

While the court did not strike the Kimberlins’ motion, it did order the caption redacted in the Maryland Case Search Database.

Team Kimberlin Post of the Day


Brett Kimberlin would have the world believe that he is the most special of special snowflakes and that anyone who doesn’t give him what he wants is engaged in harassment. He’s even tried to claim that a judge who ruled against him did so in order to harass him. The Legal LULZ Du Jour posted four years ago today contained a motion The Dread Deadbeat Pro-Se Kimberlin filed to have that judge removed from a case.

* * * * *

Brett Kimberlin is now claiming that he is being harassed by Judge Mason:

[T]he Court has, by word and conduct, manifested bias and prejudice, and harassed Defendants based on prejudice against victims.

That’s found near the bottom of the fourth page of this—

I’m looking forward to seeing how this plays out.

* * * *

Of course, the judges that TDPK has faced during his campaign of lawfare have not tried to harass him. In fact, they’ve often allowed him to get away with inappropriate behavior because he was proceeding without legal counsel. However, it does look as if Kimberlin managed to push several courts to their limits.

The Circuit Court in Montgomery Count doesn’t usually assign most civil cases to one judge who follows from complaint to trail. Hearings are handled by whichever judge happens to be sitting on the day a hearing is scheduled, and one judge doesn’t pickup the case until it goes to trial. At least six judges handled the various preliminary hearing in the Kimberlin v. Walker, et al nuisance LOLsuit during 2013 and 2014. Kimberlin was able to tell different stories to different judges at different hearings, preventing the case from being dismissed and causing the case to go to trail—only to see the trial end in a directed verdict for the defendants when it turned out that Kimberlin didn’t have a viable case. Kimberlin’s subsequent LOsuits in the Montgomery Count Circuit court were all assigned to one judge who couldn’t be flimflammed with changing stories. Kimberlin v. National Bloggers Club, et al. (II) and Kimberlin v Hunton & Williams, et al. (II) both ended in dismissal.

The U. S. District Court caught on fairly quickly and began assigning all of Kimberlin’s cases to the same judge. Kimberlin v. National Bloggers Club, et al. (I), Kimberlin v. Hunton & Williams, et al. (I), Kimberlin v. McConnell, et al., and Kimberlin v. Breitbart Holdings, et al. were all dismissed. Kimberlin v. Frey ended with summary judgment for the defendant.

Justice isn’t harassment.

Team Kimberlin Post of the Day


In 2013, I sought a peace order against Brett Kimberlin. My petition was denied by the District Court, as was my appeal in the Circuit Court. I ran this post, Breitbart Unmasked Unmasked, seven years ago today in the afternoon after the appeal hearing. It outlines my case against Kimberlin. At the bottom today’s reposting I’ll explain the pieces of evidence that I didn’t have during the hearing that I believe would have convinced the judge to grant the peace order.

* * * * *

OK, Gentle Reader, here’s the first installment in my side of the story. I know you tuned in looking for information on the Hoge v. Kimberlin peace order case, but in order for things to make sense, I need to begin with something about the editor of the Breitbart Unmasked website—

As those of you who have been following the Saga of The Dread Pirate Kimberlin and Team Kimberlin will remember, Bill Schmalfeldt has spent months harassing Lee Stranahan and his family with disgustingly crude filth, including incessant and impertinent questions regarding the death of a child during childbirth. On Monday, 11 February, Lee came to Maryland from Texas to file a harassment charge against Schmalfeldt. I picked Lee up at BWI airport, took him to dinner, took him to the District Court Commissioner’s Office, put him up for the night at my house, and dropped him back at the airport on Tuesday morning. BWI is just off of one of the routes I take to work.

On 14 February, I received 40 tweets in less than one hour from @BreitbartUnmask ranting about Lee Stanahan, Aaron Walker, and me. Just after midnight on 15 February, I posted a notice on this blog and on Twitter addressed to @OldUncleBastard, @BreitbartUnmask, and @OccupyRebellion demanding that they stop communicating directly with me. Note: The date/time stamps on the tweets in this post are in GMT; I’ll convert important ones to Eastern Time for clarity.cease tweet

Later that day, Schmalfeldt sent a tweet via his @OldUncleBastard identity referencing my demand. He was clearly on notice.

OldUncleBastard @Xcitizen10 @BreitbartUnmask A commentator on @wjjhoge’s blog post http://t.co/uZkIc4lA explains what the right wing mafia cabal wants.
6:37 PM Feb 15th from web

Click on that link yourself and see.

He continued to send tweets to my @wjjhoge account. As a result, I filed a harassment charge against Schmalfeldt on 18 February. I also filed charges against Brett Kimberlin, Neal Rauhauser, and Bill Schmalfeldt related to another matter at the same time. This is not the place to deal with those issues.

Even though he was on notice and had had a criminal harassment charge filed, Schmalfeldt kept sending me tweets and addressed a blog post to me—not a post about me, one addressed to me. He also broadcast a threat against me on his Internet talk show as well as three other individuals. Because of that activity, I filed for a peace order against Schmalfeldt.

This the last tweet, time stamped at 8:17 am ET, Schmalfeldt sent out prior to being served with the peace order:

LiberalGrouch I wonder what @wjjhoge got by way of payment. Something to comb out the poop flakes from his beard? Hah. I kid. I’m a kidder. I kid that way.
1:17 PM Feb 17th from web

Aside from the juvenile attempt at potty humor, this tweet implies that I have been lying about being paid to blog or making money off donations or that I’ve been helping my friends Lee Stranahan and Aaron Walker from any motivation other than friendship. Let me state this very clearly: I have never been paid to write anything on this or any other blog. I have never received any donation or benefit from any of the bloggers or organizations I have promoted on this or any other blog. This blog is a hobby and an expensive one. I have personally borne all of the expense associated with it, including legal costs. I’m able to do this because I have an above average income working in a very senior engineering position. I’m getting old and may retire some day. When I do, I may put out a tip jar. But for now, my income is adequate to support this blog as a hobby.

At this point, Gentle Reader, you may be wondering what this has to do with Brett Kimberlin. Be patient. I need to lay the foundation for the story.

Schmalfeldt seemed quite agitated by the peace order. A few hours after being served, he rebroadcast the same threat he made earlier that week. @BreitbartUnmask tweeted for him to chill and “let legal handle it.”

BreitbartUnmask @LiberalGrouch @OccupyRebellion @Stranahan @AaronWorthing then don’t email him or anyone else. Let legal handle that from now on.
1:50 AM Feb 24th from Tweetbot for iOS

BreitbartUnmask @LiberalGrouch @OccupyRebellion @ Stranahan @AaronWorthing That would be a better course of action Bill. Let legal handle that.
1:51 AM Feb 24th from Tweetbot for iOS

BreitbartUnmask @LiberalGrouch @OccupyRebellion @Stranahan @AaronWorthing Understood Bill. Legal will deal with them 😉
1:53 AM Feb 24th from Tweetbot for iOS

The final hearing for that peace order was held on 28 February. The judge didn’t pick up on the fact that Schmalfeldt had had proper notice, so, relying on Schmalfeldt’s false statement that he had not, the judge let him off. But with a warning. He placed Schmalfeldt on notice to leave me alone, telling him that his activity would be harassment given notice and that he now had it.

Brett Kimberlin showed up at the courthouse to attend the hearing. He was excluded from the courtroom as a potential witness. Since he wasn’t called, he did not see any of the hearing, but he was present in the hall outside when the hearing ended. As some supporters and I were exiting the courtroom, we saw and heard Schmalfeldt’s lawyer loudly lecturing his client and Kimberlin. The gist of his warning was that they had been lucky that day, but if they kept it up, they’d go to jail. Note: I have appealed this case and won’t have any more to say about it until the appeal is heard.

Schmalfeldt kept it up, and, as we’ll see below, Kimberlin joined in.

But first a bit more Schmalfeldt.

One of those supporters exiting the courtroom with me was Aaron Walker. Aaron had come up to view the hearing so that he could blog about it. (OK, I need to do another aside: At that point in these peace order cases I was proceeding without a lawyer. I am now represented by Zoa Barnes. Aaron Walker does not now and never has represented me in any legal matter in Maryland.) Because it’s a two hour drive from Manassas, Virginia, to Westminster, Maryland, Aaron and his wife stayed at my house the night before and the night following the hearing. The next day, 1 March, Aaron stopped by the Howard County District Courthouse to file an harassment charge and a peace order against Schmalfeldt. Shortly after the peace order appeared online in the Maryland Judiciary Case Search database, Brett Kimberlin appeared at the courthouse trying to intervene. When he was unsuccessful at that, he took to stalking Mrs. Walker in the courthouse parking lot. Details here. Mrs. Walker was very shaken by the experience. I went to the courthouse and escorted the Walkers back to my house to rest.

While he was stalking Mrs. Walker, Kimberlin was photographed using a iPhone to take pictures of the Walkers. Some of his photos were subsequently published on the Breitbart Unmasked website. (No, I won’t link to it.)

Normally, the final peace order hearing comes a week after the temporary order is issued. In the Walker v. Schmalfeldt case, that hearing was put off for two additional weeks because of the death of Schmalfeldt’s mother. There were some interesting Kimberlin shenanigans related to the continuance, but they’re outside the scope of this post.

Beginning on 3 March, @BreitbartUnmask sent the following:

BreitbartUnmask @LiberalGrouch @DallasDumbass At anyrate , I think I will say @aaronworthing and @stranahan and @wjjhoge about as much as I want.
7:30 PM Mar 3rd from web

BreitbartUnmask Mr. W.J.J. Hoge Has Either Been Hoaxed, Or Is Very Stupid: http://t.co/bHA1eVIjfw #p2 #tlot
8:51 PM Mar 3rd from WP Twítter

BreitbartUnmask Mr. W.J.J. Hoge Has Either Been Hoaxed, Or Is Very Stupid: http://t.co/bHA1eVIjfw #p2 #tlot
6:50 PM Mar 4th from WP Twítter

BreitbartUnmask @OsborneInk @SwitRead @NealRauhauser @OccupyRebellion none. All charges brought by bi-polar Mike Stack and Wjj Hoge who is insane.
4:41 PM Mar 10th from Tweetbot for iOS

BlogBash is a blogger party/awards ceremony that is loosely associated with other events, one of which is the Conservative Political Action Conference. This year’s BlogBash at CPAC was held at a night club a couple of blocks from the convention center. On 7 March, one week before BlogBash, the venue received a call from someone who said he was Brett Kimberlin and who told the club that if they did not “cancel this event, I’m reaching out to the over 1000 organizations I am in contact with to put you guys out of business.” The club’s representative asked, “Are you threatening us, sir?” The caller replied, “No, I’m not threatening you I’m just pissed off. The guy who owns BlogBash has threatened me and my family and I am appalled that you would host his event.” The rant continued with a warning to expect a demonstration led by a fiery imam. Those threats, combined with the threat broadcast by Schmalfeldt, were taken seriously enough by the PG County Police that they beefed up security along the block where the event was held. You can see plenty of police cars in the pictures published about the event at Breitbart Unmasked. More about those pictures in a bit.

On 14 March, the date of BlogBash, @BreitbartUmask retweeted this from @OsborneInk:

OsborneInk .@ali @AaronWalker @wjjhoge Look out, it’s the Ides of March ! Obviously that means someone will explode Blog Bash w/their mind
1:25 PM Mar 14th from SocialOomph retweeted by BreitbartUnmask

Beginning at 6:21 pm that evening, he tweeted the following:

BreitbartUnmask @wjjhoge @Kimberlinunmask Zieg Heil Hoggy, Get your Nazi uniform on for zeee cameras you dumb piece of shit. Wait, you live in shit.
10:21 PM Mar 14th from web

BreitbartUnmask @Xcitizen10 @AkbartheFraud @ LiberalGrouch @yidwithlid Then it will be FILM AT 11..
10:22 PM Mar 14th from web

blogbashdemonstation

At around 9 pm, the threatened “demonstration” happened—a single guy with a camera who began accosting people coming and going from BlogBash. The photographer, who is believed to be Craig R. Gillette of Washington, DC, did not seem to be fully aware of everything that has been going on with Team Kimberlin’s harassment of bloggers. This is somewhat surprising given that Mr. Gillette has been associated with Justice Through Music Project for over seven years.

Gillette was not the only person there in support of the “demonstration.” @BreitbartUnmask was there as shown by this tweet which was sent around 10:28 pm that evening:

BreitbartUnmask @catsrimportant @LiberalGrouch Seriously, the music sucks. Sorry for those who prefer piano bars, but my ears are hurting at off key music.
2:48 AM Mar 15th from web

Gillette was not the only one taking pictures either, and several pictures from across the street were published on the Breitbart Unmasked website. I won’t go into any detail here, but forensic evidence links pictures taken at the Howard County District Courthouse and at BlogBash. I believe that evidence shows that Brett Kimberlin is @BreitbartUnmask.

Meanwhile, back with Schmalfeldt, because of his continued tweeting to me in spite of being put on warning by a judge, I filed for a second peace order, and when he kept at it after that, a petition for contempt.

On 22 March, the Walker v. Schmalfeldt peace order case came up in Howard County. The final order was denied when the judge bought the theory advanced by Schmalfeldt’s lawyer that since Schmalfeldt was a journalist and Aaron Walker was a public figure, Walker had to put up with the harassment. Hold on to that idea that Schmalfeldt is a journalist, at least in the eyes of his lawyer.

On 25 March, my second peace order case with Schmalfeldt came up. This time the defense offered by Schmalfeldt’s lawyer was that neither Schmalfeldt nor I are journalists; we’re just a couple cranky old men having a shouting match on the Internet, and, in any case, the peace order statute doesn’t cover electronic harassment any way. The judge bought the electronic-harassment-isn’t-covered argument and denied the peace order.

Note: On Friday, Schmalfeldt’s a journalist worthy of protection. On Monday, he isn’t.

Moving back to Kimberlin, between 1:32 pm on the afternoon of 21 March and 9:42 pm that night, he sent these tweets:

BreitbartUnmask @Xcitizen10 @Stranahan @wjjhoge @AaronWorthing Hoge has things. Walker=garnishment Stranahan =default judgment he will skip out on.
1:40 AM Mar 22nd from Tweetbot for iOS

BreitbartUnmask @Xcitizen10 @Stranahan @wjjhoge @AaronWorthing All pretty close 😉
1:40 AM Mar 22nd from Tweetbot for iOS

BreitbartUnmask @Xcitizen10 @wjjhoge Could it be that Hoge is on mental disability? Either way he will soon be feeling a hot poker up his wallet.
1:42 AM Mar 22nd from Tweetbot for iOS

The next day, I filed for a peace order and a second criminal harassment charge against Kimberlin. The criminal charging document only listed the harassing tweets. However, he was charged under the general harassment statute. At the beginning of the hearing on 29 March, Kimberlin’s lawyer, the same lawyer who defended Schmalfeldt, offered a motion to dismiss citing the previous Monday’s ruling in the Schmalfeldt case. The judge agreed and dismissed the case without a hearing on the merits.

I believe that the judge erred as a matter of law, so I appealed the case to the Circuit Court. The case was set for today.

On 23 April, I received a copy of a motion filed by Brett Kimberlin seeking to have his case consolidated with Bill Schmalfeldt’s. He filed that motion without bothering to tell his own lawyer. Now, it’s OK to write your own motions, but if you are represented by a lawyer, all communication with the court and the opposing party is supposed to go through your counsel. I immediately contacted Kimberlin’s lawyer and asked what was going on, but I received no reply.

I responded to Kimberlin’s motion on 25 April. The net of my response was that I see the two trials as dealing with separate acts by different individuals at different times and that I believe they should be tried separately. However, I had no objection to trying the case on the same day, so long as that date is no sooner that the 14 June date of the Schmalfeldt trial. At the same time, I also submitted a Motion to Reinstate Peace Order Pending Appeal citing the error I believe that the District Court had made and seeking to have the temporary peace order reinstated if the Kimberlin trial is delayed a month or more.

The normal flow of motions in the Circuit Court would bring Kimberlin’s motion, my response, my motion, and any response he filed before a judge on last Monday, 13 May. The judge found technical deficiencies in both of our filings and left the case scheduled for today.

Since filing those papers on my own, I have hired Zoa Barnes to represent me in both of the Kimberlin and Schmalfeldt peace order appeals. A couple of days ago, I received service on a Motion to Strike from Tae Kim, the lawyer who had handled the cases for Schmalfeldt and Kimberlin in the District Court, saying that he had been let go as Kimberlin’s lawyer and asking to be removed from the case. Kimberlin had decided to proceed pro se. Kimberlin filed a Motion to Dismiss based on the same theory that Kim had used to get him off in District Court.

A subpoena duces tecum was served on Bill Schmalfeldt ordering him to attend the hearing as a witness and to produce certain documents related to the case against Kimberlin. Kimberlin was served with a subpoena duces tecum for related documents as well. The hearing was scheduled for the Historic Courthouse in Westminster, Maryland, which is an old (1838) building with lots of stairs and no elevators. At my lawyer request, the case was moved from the main courtroom upstairs to a small courtroom on the main floor in order to accommodate Schmalfeldt’s disability. He didn’t bother to show up.

The hearing was before Judge Stansfield. He announced that he was deferring a ruling on the Motion to Dismiss until after he heard the evidence. I was the only witness. On direct examination, I testified to my qualifications to do forensic analysis, on the tweets that I had received from BreitbartUnmask and their annoying and alarming nature, and on results of the forensic analysis of data contained in the tweets and a certain blog post that tied the BreitbartUnmask identity to Brett Kimberlin.

On cross examination, Kimberlin asked a series of mostly non-germane questions. (For example, he wanted me to identify the person who blogs as Kimberlin Unmasked. For the record, I don’t know who that is.) He asked why I believed he was BreitbartUnmask and I explained a bit of the process.

And the Petitioner rested.

Before Kimberlin could offer any testimony, my lawyer pointed out that he was a convicted perjurer. She reminded the judge of MD Courts & Judicial Proc. §9-104:

A person convicted of perjury may not testify.

The look on Brett Kimberlin’s face when he realized that the judge wasn’t going let him testify and that there were no other witnesses he could question to get evidence into the record … priceless!

Kimberlin ranted for a while about how this was a clear violation of his First Amendment rights, yada, yada, yada, … (Ah, no. The Fifth Amendment is the one about due process.) Then the judge asked if he had any other witnesses. Since there were none, the case proceeded to closing arguments.

My lawyer did an effective summation of the facts and the law. We asked for a show-cause order against Schmalfeldt for his noncompliance with our subpoena. Kimberlin delivered another rant about his First Amendment rights and how he’s not the harasser. He’s the one being dragged into court by people like Aaron Walker and Walker’s surrogates like me.

The judge took the case under advisement. He will deliver a written ruling. I look forward to it.

So that, Gentle Reader, is a bit of my side of this story, but only a bit. It’s as much as I can tell you for now.

Stay tuned.

* * * * *

During July and August of 2013, I was able to conduct interviews with Brett Kimberlin’s wife Tetyana. She stated that she had been one of the five people present with Kimberlin during BlogBash. The other four were Brett Kimberlin, Craig Gillette, and Mrs. Kimberlin’s two daughters. She said that she took several pictures using Brett Kimberlin’s iPhone that were published on Breitbart Unmasked. Forensic data tends to support that those pictures were taken with the same iPhone Kimberlin used to photograph Mrs. Walker during the stalking incident at the Howard County Courthouse a few days before BlogBash. Thus, there is an eyewitness to Kimberlin’s presence at BlogBash and evidence tying his phone to pictures published at Breitbart Unmasked.

Finally, the time stamps on the BU tweets sent during BlogBash show that some of them were made while Craig Gillette had his hands full (literally) taking pictures on the sidewalk outside the BlogBash venue. There’s no way Gillette could have sent the tweets, Mrs. Kimberlin says she was tending her children, so that leaves Brett Kimberlin as the person who could have sent some of the @BreitbartUnmask tweets from BlogBash. It seems Kimberlin lied when he said he never used that account.

The Maryland law preventing testimony from convicted perjurers has been repealed. However, a previous conviction for perjury can be brought to the court’s attention as a part of impeaching a witness’ credibility. So can subsequent false statements. Brett Kimberlin should expect to have a rough time if he’s ever on the witness stand again.

UPDATE—This blog was a hobby until I retired (for the first time) in July, 2013. At the time the post above was written, I hadn’t been paid for any of my blogging. Now, this is a for-profit operation. Please feel free to hit the Tip Jar or buy something at The Hogewash Store.

Team Kimberlin Post of the Day


Although we had pro bono representation (Thank you, Patrick Ostronic!) in the Kimberlin v. Walker, et al. nuisance LOLsuit, my codefendants and I started an online defense fund to help pay for the incidental expense of the the case. As can be seen form a snippet of courtroom dialogue at the start of the TKPOTD from six years ago today, The Dread Deadbeat Pro-Se Kimberlin didn’t like the name we gave our fund.

* * * * *

Mr. Ostronic: Why is the fund called Bomber Sues Bloggers?

Mr. Kimberlin: Objection!

The answer to Mr. Ostronic’s question is very simple.

The defendants in the Kimberlin v. Walker, et al. are all bloggers. Here are three of us pictured together at CPAC 2014.3Defendants

Left to Right: W. J. J. Hoge (Hogewash!), Stacy McCain (The Other McCain), and Ali Akbar (@ali). Not pictured: Aaron Walker (Allergic to Bull) and Kimberlin Unmasked (@Kimberlinunmask)

The vexatious anti-First-Amendment litigant suing us is Brett Kimberlin, a convicted felon whose rap sheet includes 30+ counts of perjury, possession of marijuana for distribution, impersonating a federal officer, forgery, misuse of the Seal of the President of the United States, possession of explosives by a felon, and use of a destructive device to cause injury in interstate commerce. Those last two charges related to the his 1979 bombing spree in Speedway, Indiana, that earned him the title “Speedway Bomber.” He was paroled in 1993, but his parole was revoked in 1996, in part for failure to make restitution to the widow of a victim. He was paroled again in 2000. His sentence expires in 2030.brett-kimberlin_mugshot

TThus, the name: Bomber Sues Bloggers.

You can help Aaron, Stacy, Ali, KU, and me defend ourselves and our First Amendment rights for Brett Kimberlin’s meritless attack. Go to [dead link to a now retired domain BomberSuesBloggers] to find out how.

Oh, one more thing about Brett Kimberlin … Do you remember the federal prisoner who lied about being Dan Quayle’s dope dealer? That’s the guy,

* * * * *

While it seems to me that Brett Kimberlin feels no shame or remorse for his past acts, he does seem to understand that most people don’t approve of them. However, his attempts to hide them have been like his dope smuggling and music careers—just another failure.

Oh, and today is the fifth anniversary of the denial of Kimberlin’s appeal of the bogus peace order petition he filed against me on behalf of Tetyana Kimberlin’s elder daughter.

Team Kimberlin Post of the Day


Probably the least competent and most mockable member of Team Kimberlin is the musician wannabe William Ferguson. The TKPOTD from four years ago today dealt with one his failed predictions of the direst of dire direness that was supposed to befall me.

* * * * *

S_A201605121243ZNow, that’s an interesting turn of phrase.

* * * * *

Later that day, I put up this post—Bombshell Du Jour?

* * * * *

I wonder if this is what Ferguson thinks is his “bombshell”?S_A201605130550ZThose are the forged tweets that Brett Kimberlin attempted to use as evidence during the District Court hearing for the peace order he sought against me last year. Those fakes have been debunked (go here for details), and the doubling down by Breitbart Umasked Bunny Boy Unread on a defamatory story that included them is one of the bases for the Hoge v. Kimberlin, et al. lawsuit.S_A201605130553Z

If I had been lying about those tweets during the District Court hearing, one would expect that they would have been offered again during Kimberlin’s appeal to the Circuit Court along with additional backup evidence developed during the two month delay. That didn’t happen—perhaps because Kimberlin knew that I could prove that I was not the source of the tweets. My lawyer had the necessary evidence sitting in a folder ready to be introduced if needed.

The Team Lickspittle EOD crew was sent to disarm Ferguson’s “bombshell” over a year ago. It turned out to be a dud.

* * * * *

I seems like everything Team Kimberlin has touched since the Turn of the Century has been a dud.

The mockery continues.

Team Kimberlin Post of the Day


Brett Kimberlin started his campaign of lawfare in an attempt silence his critics. He sought to use civil suits, peace orders, and false criminal complaints to punish those who reported on his past and ongoing activities and to intimidate others from writing about him as well.

There were several major defects in his plan. One flaw was the fact that court proceedings are matters of public record except when rarely sealed for a few very limited purposes. Thus, his LOLsuits became matters for public reporting and mockery. Six years ago, I reported that #BrettKimberlin Haz Sad because he couldn’t conceal his filings in the RICO Madness LOLsuit.

* * * * *

After turning the stupid knob up to 11 12, The Dread Pro-Se Kimberlin sent a proposed sanctions motion to Michael Smith, the lawyer representing Michelle Malkin and Twitchy in the Kimberlin v. The Universe, et al. RICO Madness. Now, he’s whining because his foolishness was made public. He seems particularly upset that Hogewash! posted a copy of his proposed sanctions motion.

It seems that TDPK has not yet realized that civil trials are conducted in public here in America and that he is not entitled to a secret Star Chamber proceeding against his intended victims. If TDPK can’t stand the heat, he should get out of the kitchen.

Tune in just after midnight for further commentary on TDPK’s latest filings.

UPDATE—Aaron Walker comments here.

* * * * *

The Gentle Reader can find that further commentary here. I noted in that further commentary that “Brett Kimberlin had made a terrible mistake by suing my four codefendants and me in the state Kimberlin v. Walker, et al. nuisance lawsuit. He doubled tripled quadrupled down on stupid when he upped the ante and sued my twenty codefendants and me in the RICO Madness.”

His biggest mistake was suing me. I’m not done with him yet.