Team Kimberlin Post of the Day


It seems that Brett Kimberlin is trying to catch up with the paperwork for one of his surviving not-for-profit entity. For many years, Jeffrey R. Cohen was the Executive Director and Resident Agent for Justice Through Music Project. However, when I attempted service of process on JTMP through Mr. Cohen almost five years ago, it appeared that he was no longer associated with the organization, and by 2017, it appeared that he was no longer a resident of Maryland. Last month, Brett Kimberlin filed a notice with the State of Maryland changing JTMP’s principal office address from the house formerly owned by Jefferey Cohen and making himself Resident Agent.

BTW, the “Jefferey Cohen” signatures on the Form 990s filed with the IRS in 2016 and 2017 do not appear to match the “Jefferey Cohen” signatures on Form 990s filed in 2015 and earlier. However, the signatures on the earlier IRS filings do match the “Jefferey Cohen” signature on the Justice Through Music Project Corporate Charter.

Team Kimberlin Post of the Day


Yesterday, we took a look at a post about a perjured declaration by Brett Kimberlin that Bill Schmalfeldt included as an exhibit in a motion to have Aaron Walker disqualified as the counsel for the defendants in LOLsuit VI: The Undiscovered Krendler. Today, we’ll take a look at another exhibit from that motion, This post, The Sixth Nonsense, first ran five years ago today.

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We’ve made it to the last installment of our review of the exhibits The Dreadful Pro-Se Schmalfeldt has included with his motion to have Aaron Walker disqualified as defense counsel in LOLsuit VI: The Undiscovered Krendler. The review of Exhibit 1 is here. Exhibits 2 and 3 are considered here. The post looking at Exhibit 4 is here. Fit the Fifth is here.

Exhibit 6 consists of newspaper clippings which the Cabin Boy™ imagines prove that Brett Kimberlin isn’t a terrorist.

The first two deal with reports for what appear to be two of the three trials for the Speedway Bombings. Rather than support the Cabin Boy’s™ argument, they support the view that Kimberlin is a terrorist in the everyday, common use of the term. Moreover, they do nothing to change the fact that Kimberlin sued claiming that Aaron Walker defamed him by calling him a terrorist, and Kimberlin lost that suit in 2014. Kimberlin brought up the same claim again in the RICO Retread LOLsuit, and he’s lost on that claim against every defendant whose motion to dismiss has been decided. So that question is settled as far as the law is concerned. It is not defamation to call Brett Kimberlin a terrorist.

There’s also a clipping of a obituary for Carl DeLong. The Supreme Court of Indiana ruled that Kimberlin was responsible for the wrongful death of Carl DeLong. There’s nothing in that clipping that voids the court’s finding.

Bill Schmalfeldt’s ill-conceived motion and risible exhibits are Acme Legal’s work at its shining best. He says he’s filed them. OK. Now, we wait for the anvil to drop.

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Team Kimberlin Post of the Day


For several weeks Bill Schmalfeldt bloviated about how he was going to win a default judgment in LOLsuit VI: The Undiscovered Krendler only to discover that the defendants had retained counsel who filed timely motions to dismiss the case. He seemed particularly worried when he found out Aaron Walker was the lawyer who had taken the case. The Cabin Boy™ quickly filed a rather silly motion seeking to have Aaron disqualified from the case. Among the massively wrong-headed exhibits filed with that motion was a declaration by Brett Kimberlin. This post, Brett Kimberlin “Misstates the Facts”, ran five years ago today.

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I see that the Cabin Boy™ has posted the six exhibits attached to his motion to disqualify Aaron Walker as defense counsel in LOLsuit VI: The Undiscovered Krendler. This is the first in a series of posts evaluating the quality of his evidence. It seems that The Dreadful Pro-Se Schmalfeldt is in full panic mode now that his plans for an easy default judgment have evaporated. His motion and its exhibits have the look of a half-baked attempt to smear Aaron Walker in the eyes of Judge Joseph. Nothing in the motion is germane to the case.

Exhibit 1 is a declaration under penalty of perjury by Brett Kimberlin. Here it is as posted by the Cabin Boy™. (Note: I have not redacted anything. I figure if Schmalfeldt put it online and published a link to it, then Kimberlin can discuss any lack of redaction with him.)

We’ll go paragraph by paragraph.

1.  According to Aaron, he did not meet Kimberlin until 9 January, 2012. That was the date the mythical assault allegedly occurred. Kimberlin sought a peace order based on his alleged assault and harassment, but the judge who issued the order found that no assault occurred and issued it based on harassment only. Additionally, the order was overturned on appeal. Thus, Kimberlin should be collaterally estopped from making that allegation again, but he keeps trying to recycle it. Further, one of the things he sued Aaron about in the Kimberlin v. Walker, et al. nuisance LOLsuit was Aaron’s claim that Kimberlin tried to frame him for the assault. Aaron won that suit. Thus, Kimberlin is also barred from making this assault claim by res judicata.

2. Kimberlin also claimed in Kimberlin v. Walker, et al. and in Kimberlin v. National Bloggers Club, et al. (II) that Aaron defamed him when Aaron told his side of the story of his firing after Kimberlin contacted his employer. Brett lost both suits. That’s a double helping of res judicata. Also, Brett spun his tale of how Aaron’s firing allegedly occurred by selectively publishing emails obtained in sealed discovery.

3. Frivolous criminal charges? There’s photographic evidence, some of which was published on Breitbart Unmasked, that documents Kimberlin’s stalking of Mrs. Walker. Also, not every lawsuit filed against Kimberlin has been dismissed. The Walker v. Kimberlin, et al. suit is alive and well and is headed for a motions hearing on the 10th. A five year campaign? 2016 – 2012 = 4.

4. Aaron Walker has never prepared a motion or other court paper that I have submitted to any court.

5. Brett sued Aaron for defamation concerning what Aaron wrote about pedophilia and terrorism, and Brett lost.

6. What documents? When has Aaron ever lied under oath? Put up or shut up.

7. Tetyana Kimberlin sought help during her domestic problems with her husband in 2013. Aaron offered her pro bono assistance until Zoa Barnes was hired as her attorney. The false claim that Aaron has harassed Tetyana’s older daughter was examined by the Montgomery County State’s Attorney’s Office when the Grace’s Law charge was filed last year. They dropped the charge for lack of evidence.

I’m an engineer not a lawyer. “Misstating the facts” is lawyer speak for what we engineers call lying. Brett Kimberlin is a liar.

* * * * *

I should clarify point 4 above. It was true at the time I wrote the original post. Subsequently, I hired Aaron to represent me in a matter before the Fourth Circuit Court of Appeals. He filed several motions and other papers on my behalf in the course of his winning the case for me.

Team Kimberlin Post of the Day


It was just a year ago today that Brett Kimberlin lost yet another court case as reported in this TKPOTD.

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Note: This post was originally set for 12:02 am ET on the 4th, but I’m putting it up a few hours early.

Back in 2018, Brett Kimberlin filed a civil case in the Southern District of Indiana seeking to vacate some of his convictions related to the Speedway Bombings. Last Friday, Judge Tanya Walton Pratt denied his petition. Eugene Volokh has some commentary here.

I’ve included the judge’s order below. She quotes Kimberlin as having claimed:

For example, because these convictions bear on the issue of fraud, Petitioner is unable to apply for or receive government grants

Oh, really?

Isn’t the petitioner the same Brett Kimberlin who claimed that my codefendants and I in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit had interfered in his relationship with the State Department and its International Visitor Leadership Program? Yes, it is, but if you look very carefully at his filings in his LOLsuits against me, he never explicitly claims that either Justice Through Music Project or he was an actual State Department contractor, and when I filed a FOIA request for the any contracting details, the State Department said they had nothing on record.

Hmmmm.

Oh, one more thing … Kimberlin was represented by counsel in this case. Perhaps he’s been taught a lesson about his pro se skills.

* * * * *

Here’s another quote from that order:

But because he has been convicted of multiple felonies in separate trials, including a 1974 perjury conviction in this Court, Case No. IP 73-cr-132, and the 1979 conspiracy to distribute marijuana conviction in Texas, (as referenced in Kimberlin, 805 F.2d at 225), neither of which are at issue here, a successful challenge to any one conviction will not relieve him of these impediments. See United States v. Keane, 852 F.2d 199, 205 (7th Cir. 1988) (“a single felony conviction supports any civil disabilities and reputational injury [a convicted felon] may have to endure”).

The only person who ruined Brett Kimberlin’s reputation was Brett Kimberlin.

Team Kimberlin Post of the Day


Sometimes truth is stranger than fiction. The TKPOTD for five years ago today dealt with the time I partially supported a motion The Dread Deadbeat Pro-Se Kimberlin filed in the RICO 2: Electric Boogaloo LOLsuit.

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Dogs and cats living together! Yesterday, I filed this response to The Dread Pro-Se Kimberlin’s latest nonsense in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit wherein I partially support his motion.

Truth really is stranger than fiction.

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The whole thing became moot when the suit was dismissed with prejudice.

Team Kimberlin Post of the Day


It seems clear to me that Brett Kimberlin desperately wanted to be able to use material he had received via discovery in his various lawsuits as fuel for smear campaigns against his enemies. He did leak sealed documents from a couple of cases. He became obviously frustrated when Judge Hazel would not relax the protective order granted in the Kimberlin v. Frey RICO Remnant LOLsuit. He also became peeved with me when I didn’t provide him with a bonanza of information when he tried to subpoena me in the Frey case.

He never properly served that subpoena on me, but I voluntarily gave him all the responsive documents I had. First, because nothing I had was useful to hm, and second, I figured letting him have them would avoid a round of filings in court. I was wrong. Five years ago today, I posted this Kimberlin v. Frey News.

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The Dread Pro-Se Kimberlin filed a motion for contempt or sanctions against me in the Kimberlin v. Frey RICO Remnant LOLsuit. Last week, he finally got around to serving a copy of the motion on me. I have now filed a response. Because I had to discuss confidential discovery material from the case in my filing, I have filed it partially under seal.

Here is the redacted version that is publicly available on PACER.

The motions speak for themselves. I do not wish to make any further comment on the matter until the court has ruled.

* * * * *

As a result of bing sucked into that round of motion, I became privy to some of the discovery documents and now am bound by the terms of the protective order. I can’t discuss the contents of the documents related to Kimberlin’s sanctions motion. However, I will say that no reasonable person looking at them in the context of Kimberlin’s LOLsuit would believe they helped his case. Indeed, if I had unfettered access to them and hadn’t been bound by the Frey protective order, I would have used at least some of them in my lawsuit against Kimberlin.

Kimberlin loses in court because he never has either the facts or the law on his side, but even if he did, he’d still lose. He just doesn’t seem to understand how to tie a coherent argument together with facts and logic to make a case.

Team Kimberlin Post of the Day


This blog is a sort of hobby. Oh, I run it as a business, and it makes a very modest profit, but I’m doing it because I enjoy it. I make the overwhelming bulk of my income as an engineer. Because Hogewash! isn’t my primary activity, I don’t spend every waking minute on it. Most of the time, I’m focus on something else. Seven years ago today, I spent most of my time on my day job and then had some Catching Up to do.

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Wow! I’ve spent the morning working and not paying attention to the blog or Twitter, and look at all I’ve missed!vbr2014022211640ZI have no idea what the Cabin Boy™ is going on about. It seems as if he’s complaining about some sort of threats. If he really has received credible threats, he should call the cops. If he’s simply trying to stir the pot, he should reflect on Maryland Criminal Law § 9-501 before he gets in over his head.

I may have more to say after I’ve reviewed the comment threads.

* * * * *

I’m still in charge of this blog, but the Cabin Boy™ as had dozens of them fail over the past years. So had The Dread Deadbeat Publisher Kimberlin.

Hmm.

Team Kimberlin Post of the Day


All of Team Kimberlin’s lawsuits fell apart simply because neither the facts nor the law supports any of their claims. The TKPOTD for five years ago today dealt with one of the more absurd bits of creative writing Brett Kimberlin put out to try to shore up the collapsing RICO 2: Electric Boogaloo LOLsuit.

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Yesterday was the deadline for The Dread Pro-Se Kimberlin to cut bait or fish with respect to his proposed amended complaint in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit. He cut bait. Sorta/kinda. This is what he filed—

He says he can’t file an amended complaint, so he will supplement his original complaint with additional allegations. Here’s what Judge Hazel told him last year:

It is well-established, however, that a plaintiff cannot amend his or her complaint through the use of opposition briefs.

Kimberlin v. National Bloggers Club, et al., Case No. 13-CV-03059-GJH, Memorandum Opinion (D.Md. Mar. 17, 2015), n, 3 at 12. We’ll see how far this motion gets.

Beyond noting that there is a certain magnificence to the scope of the hallucinatory nature of the plot TDPK tries to sell with this nonsense, I have no further comment on his filing.

* * * * *

Footnote 5 of Judge Hazel’s Order dismissing the RICO 2 LOLsuit states this about the filing shown in the post (ECF No. 125)—

Plaintiff attemps to salvage his time-barred Complaint by alleging new facts in subsequent filings and briefs, see, e.g,, ECF No. 125, but Plaintiff “is bound by the allegations contained in its complaint and cannot, through the use of motion briefs, amend the complaint,” Zachair, Ltd. v. Driggs, (65 F.Supp, 741, 748 n.4 (D.Md. 1997), aff’d, 141 F.3d 1162 (4th Cir. 1998) (unpublished table opinion). The Court gave Plaintiff an opportunity to amend his Complaint , ECF No. 111, 119, and Plaintiff chose not to amend his Complaint, ECF No. 125.

Team Kimberlin Post of the Day


One of the bases for Team Kimberlin’s campaign of pro se lawfare (as proposed by Neal Rauhauser) was that the cost of litigation would cause defendants to settle the LOLsuits rather than fight them. The TKPOTD from four years ago points out one of the ways that litigation strategy backfired.

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The Gentle Reader may remember that in one of The Dread Pro-Se Kimberlin’s more unhinged rants he’s filed in the Hoge v. Kimberlin, et al. lawsuit, TDPK told the court that he has ordered the transcripts of the Walker v. Kimberlin, et al. trial for the purpose of proving that I had misrepresented the record of the Walker trial to the Judge Hecker in my filings in my case. What TDPK didn’t seem to realize is that I already had a complete set of the court audio CDs from the Walker case—and that I had listened to the entire trial. Knowing what had been said, I had already ordered my own set of transcripts to use as evidence in my case well before he did. Indeed, I have begun putting those transcripts to work. This week, I filed two extracts as exhibits to demonstrate that Judge Mason had caught Brett Kimberlin lying on the witness stand in the Walker case.

There’s nothing in the Walker transcripts that support any of the false narrative that TDPK is trying to spin. When I consider that the complete set of transcripts cost him something north of two kilobucks, I smile quietly to myself.

Everything is proceeding as I have foreseen.

* * * * *

Karma is a bitch, and she has puppies.

Also, I’m thankful for the donations from the Gentle Readers that helped defray my costs in the legal wrangling with Team Kimberlin.

Team Kimberlin Post of the Day


One of the bright spots of my defense of Brett Kimberlin’s vexatious LOLsuits was the support I received from the Gentle Readers of this blog. The TKPOTD for six years ago today dealt with one instance of that support.

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popcorn4bkI’d like to thank the Gentle Reader who caught the amazingly stupid mistake The Dread Pro-Se Kimberlin made in his opposition to Stacy McCain’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness. Thanks for the heads up, and a special thanks for communicating it offline rather than in the comment section.

As the zombie says, this will be FUN!

* * * * *

Now that the case is over, I can discuss The Dread Deadbeat Pro-Se Kimberlin’s error. Stacy filed for dismissal under Rule 4 of the FRCP because TDPK had failed to serve him with a copy of the LOLsuit’s complaint. Kimberlin didn’t bother to address Stacy’s motion. Instead, he used the filing as a second surreply to the motions to dismiss filed by Aaron Walker and me. The Rules allow for a reply in opposition to a motion and a rebuttal to that reply. A reply to that rebuttal, called a surreply, is not permitted without permission from the court. TDPK had already filed a surreply to our motions to dismiss without the court’s permission, and his opposition to Stacy motion was a further flouting of the Rules. Aaron and I filed a joint request under the court’s case management order to file a motion to strike Kimberlin’s filing.

His misbehavior didn’t help him. The court’s very next filing in the case record was a Memorandum Order dismissing the case for failure to state a claim upon which relief could be granted.

Team Kimberlin Post of the Day


Lies upon top of lies—that has been Team Kimberlin’s modus operandi. This Prevarication Du Jour from is years ago today is example of how one of Kimberlin’s PR flacks tried to spin on for the Team.

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@weltschmerz2015|201502122211ZFirst, Roy Schmalfeldt is real, and it’s his turn to buy lunch next time.

Second, Kimberlin did go after Roy Schmalfeldt in his opposition to Stacy McCain’s motion to dismiss. Here the top portion of Exhibit E from that opposition.ECF 259-ExEThe Cabin Boy™ may be an even worse liar than The Dread Pro-Se Kimberlin.

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The Truth never seems to be on Bill Schmalfeldt’s side. He sued Cousin Roy for defamation and wound up dismissing the case with prejudice (on his own!) which effectively was an admission that his case lacked merit. He can never sue Roy again over Roy’s allegation that Bill Schmalfeldt is a rapist.

Team Kimberlin Post of the Day


Here’s the TKPOTD from six years ago today.

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Murum aries attigit.

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That Latin phrase which means “the ram has touched the wall” describes my philosophy in dealing with Team Kimberlin. It’s driven from this passage from Julius Caesar De Bello Gallico:

Ad haec Caesar respondit: se magis consuetudine sua quam merito eorum civitatem conservaturum, si prius quam murum aries attigisset se dedidissent; sed deditionis nullam esse condicionem nisi armis traditis. Se id quod in Nerviis fecisset facturum finitimisque imperaturum ne quam dediticiis populi Romani iniuriam inferrent.

To these things Caesar replied, “That he, in accordance with his custom, rather than owing to their desert, should spare the state, if they should surrender themselves before the ram should touch the wall; but that there was no condition of surrender, except upon their arms being delivered up; that he should do to them that which he had done in the case of the Nervii, and would command their neighbors not to offer any injury to those who had surrendered to the Roman people.”

One of the commenters to the original post asked when the ram touched the wall. I replied:

The ram touched the wall with Kimberlin when he failed to withdraw the state lawsuit and I had to file a motion to dismiss. That was in October, 2013.

The ram touched the wall with Schmalfeldt when he failed to modify his behavior to take advantage of my conditional offer to drop my peace order petition in August, 2014.

“Murum aries attigit” isn’t a decree so much as a statement of historical fact.

I’m not done with them yet.

Click on the image of the mug to buy one at The Hogewash Store.

Team Kimberlin Post of the Day


Given all the problems Brett Kimberlin has had using the mail to serve court papers, it was occasionally suggested that our modern postal system confused and frightened  him. The TKPOTD from four years ago today outlined one of his many failures will using the mail.

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The Dread Pro-Se Kimberlin sent me a copy of something he appears to be filing with the court in the Hoge v. Kimberlin, et al. lawsuit. Here’s his certificate of service for the filing.cos20170208

Here’s the envelope I received containing my copy of the filing.envelope20170206There is insufficient postage for certified mail even without return receipt. That may explain why there was no green card attached.

* * * * *

Maybe the world would have been a better place if the Parole Commission had left him on ice.

Team Kimberlin Post of the Day


Brett Kimberlin’s first felony conviction was for perjury, but he also was convicted of attempting to forge DoD driver’s licenses and impersonating a federal officer. He not the only member of Team Kimberlin with A History of Fakery as this post from six years ago shows.

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Bill Schmalfeldt has a long history of faking images and documents. I won’t republish the obscene homoerotic images he created of me that have been placed under court seal, but I will link back to this post which demonstrates one of his forgeries.

BTW, the Cabin Boy was shrewd enough to use a university yearbook photo for one of those pornographic images, but he wasn’t smart enough to check how old I was when I matriculated. I was 17.

* * * * *

Actual child porn?

Hmmmm.

Team Kimberlin Post of the Day


Yesterday’s TKPOTD dealt with Brett Kimberlin getting mentioned on the Interwebz three years ago in connection with other Democrat operatives involved in the Russian Collusion Hoax. Today, we look back on the reaction to that post from Kimberlin’s principal PR flack Bill Schmalfeldt. Here’s the TKPOTD from three years ago today.

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The Cabin Boy™ continues to demonstrate his substandard reading comprehension. He attempted to submit this comment yesterday evening.His comment is response to this comment by Paul Krendler which does not appear to have anything to do with President Trump.

Did he have to cheat to get that C- on the English as a Second Language Test?

UPDATE—After I prepared this post, the Cabin Boy™ further beclowned himself with these additional attempted comments—

* * * * *

I also took the opportunity to engage in a bit of pointage, laughery, and mockification with this episode of Blogsmoke.

* * * * *

SOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICOCHET

MUSIC: UP AND UNDER—RECORDED—CUT 1

ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!

MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2

ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)

JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.

MUSIC: MAIN TITLE—RECORDED—CUT 3 Continue reading

Team Kimberlin Post of the Day


Brett Kimberlin has been associated with shady Democratic Party operatives at least since 1988 when he first lied about being Dan Quayle’s dope dealer. One of those connections surfaced during coverage of the Russian Collusion Hoax and was the subject of the TKPOTD for three years ago today.

* * * * *

After years of frivolous litigation involving multiple LOLsuits (I’ve been a defendant in four of ’em and a bogus peace order petition), The Dread Deadbeat Pro-Se Kimberlin’s campaign of brass knuckles reputation management has been singularly unsuccessful. And now his name is back in the news because of his association with Cody Shearer, the creator of the anti-Trump “Dossier No. 2.”

J. E. Dyer writes about the Shearer/Kimberlin connection in a post over at Liberty Unyielding.

Shearer, besides being a major piece of work in general, played a key role during the George H.W. Bush years, and the first Clinton campaign for the 1992 election, in hyping Brett Kimberlin’s claim that he (Kimberlin) had sold pot to then-Vice President Dan Quayle, years before when Quayle was younger.  Shearer had known Kimberlin for years, in other words, and used his (Shearer’s) journalistic pulpit to retail a politicized narrativeon Kimberlin’s behalf.

But although BuzzFeed and Daily Caller both cite unnamed sources affirming Kimberlin’s marginal role in the “Russia” narrative assembled separately in 2016 (again, Kimberlin denies it), what really completes the circle is Cody Shearer’s membership in the Shearer family, whose ties to the Clintons, including his own, could hardly be closer.

Read the whole thing. And also checkout this post over at The Weekly Standard.

* * * * *

The Weekly Standard is no more, but that link is still active; the post has been achieved by the Washington Examiner.

Given the way Kimberlin’s activities went silent just before the election, one wonders if he’s been told that he’s outlived his usefulness.

Team Kimberlin Post of the Day


The whole point of Brett Kimberlin’s attempt to use lawfare and the courts to silence bloggers who wrote truthful posts about him was to protect his online presence, especially a host of websites with DONATE buttons. This post, Dread Pirate #BrettKimberlin, Puppet Master, from eight years ago took a look at TDPK’s sock puppet accounts.

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dpk20130206I honestly have no idea how many sock puppets he has. The only one of his secret identities that I’ve ever paid any attention to is Imaginary Friend Occupy Rebellion.

However, it is possible to estimate the number from data on Twitter. @BreitbartUmask has 6,810 followers, so 6,800 sock puppets is a reasonable guess.

* * * * *

The Breitbart Unmasked website is still up, but it hasn’t had any new material posted for over two years. The BU Twitter account hasn’t tweeted for over a year and has lost three-quarters of its followers. Most of what remain seem to be spam or bot accounts.

Team Kimberlin Post of the Day


Team Kimberlin is a worked example of the saying that first-rate people hire first-rate people, and second-rate people hire third-rate people. The Prevarication Du Jour from seven years ago today show the caliber of the PR flacks Brett Kimberlin hired.

* * * * *

The Cabin Boy™ is hearing voices again.@ftr_r201402050146ZI did make a settlement offer to The Dread Pro-Se Kimberlin in the early stages of the Kimberlin v. Walker, et al. nuisance suit. I was willing to settle for a payment from him to me of one million dollars. That offer came off the table as soon as the clock ran out and I had to file a motion to dismiss.

I am the only one of the five defendants in that suit who was willing to settle, and I no longer am willing to do so. I suspect that before the dust settles, Brett Kimberlin will wish he had.

* * * * *

I suppose nonsense like that tweet was meant to create distrust and dissection among the codefendants in The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits. It didn’t work. Nothing in his lawfare campaign did. It was all a failure. His reputation wasn’t vindicated. A court found that it was so bad that he is defamation-proof.

I wonder if he has figured out that suing me was the worst legal mistake he’s made since he was paroled the second time.

 

Team Kimberlin Post of the Day


Some of my favorite Team Kimberlin posts are titled Qapla’. This one’s from five years ago today.

* * * * *

The Maryland Court of Special Appeals has affirmed the judgment of the Circuit Court for Montgomery County in Kimberlin v. Walker, et al. Brett Kimberlin has lost his appeal, so the verdict stands. Aaron Walker, Stacy McCain, Ali Akbar, and I win.

* * * * *

The opinion’s final sentence says, “… he failed to satisfy the burden he bore to get to the jury …” Courts use that verb quite often in their opinions of Kimberlin’s LOLsuits.

Team Kimberlin Post of the Day


One of the things that would have been more amusing if I hadn’t been a defendant in The Dread Deadbeat Pro Se Kimberlin’s LOLsuit were the crackpot legal theories advanced in support of his cases. The TKPOTD from seven years ago dealt with one of his wacko legal ideas.

* * * * *

In their latest attempt to find a legal theory that might save The Dread Pro-Se Kimberlin’s frivolous and vexatious lawsuits, Team Kimberlin has sent the Cabin Boy™ out to float the idea that res judicata applies as to whether or not TDPK is a public figure. Schmalfeldt has posted a clip (No, I won’t link to it.) from the docket of the Kimberlin v. Allen suit which shows that Judge Quirk ruled against Seth Allen’s motion to declare Kimberlin a public figure. Res judicata to the rescue!

Au contraire. Take a look at this more complete bit of the record.BK v Allen 119:140Docket Number 140 is the record of the judge’s ruling on Docket Number 119. Docket Number 119 was Seth Allen’s motion.

Here’s why that’s important: Res judicata applies when the same matter is brought up a second time in litigation between the same parties. Thus, Seth Allen is no longer allowed to argue in court that Brett Kimberlin was public figure before February, 2012. Anyone else can, and Mr. Allen can still argue that TDPK may have become one since then.

There’s a long string of case law supporting the principle that someone who is convicted of an infamous crime becomes a public figure. I argue that Brett Kimberlin, who is, after all, a convicted serial bomber with dozens of other felony convictions, is a public figure just like other convicted serial bombers—like Ted Kaczynski (“The Unibomber”), for instance.

They must be working overtime at Acme Law.

res_judicata_long_sleeve_tshirtUPDATE—Res Judicata t-shirts, coffee mugs, and other goodies are available at The Hogewash Store.

Stop by today and spend some of your hard earned cash in support of Team Lickspittle.

* * * * *

It turned out that res judicata did matter in most of TDPK’s LOLsuits. It wound up being one of the bases for dismissal for failure to state a claim upon which relief could be granted in most of them.

Team Kimberlin Post of the Day


Brett Kimberlin’s campaign of brass knuckles reputation management began with a defamation lawsuit against a progressive blogger who wrote about the potential damage someone with Kimberlin’s reputation might have on the progressive cause. Pro free speech lawyers from all across the political spectrum provided support for that blogger, and Kimberlin made the mistake of trying to dox one to them. The resulting fallout from that doxing led to Everybody Blog About Brett Kimberlin Day and further legal wrangling.

Kimberlin didn’t have the good sense to cut his losses. He filed multiple defamation suits, and I was named as a defendant in four of them. One of my defenses was a claim that Kimberlin’s reputation was so bad because of his criminal record that he was defamation-proof, and I was not the only defendant to raise that claim. The TKPOTD from seven years ago today quoted from a motion to dismiss filed by other defendants.

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RICOMadnessThe motion to dismiss filed by Michael Smith on behalf of Defendant Michelle Malkin and Non-Party Twitchy in the Kimberlin v. The Universe, et al. RICO Madness is a nice bit of legal writing. Here are a couple of excerpts.

In Cardillo v. Doubleday, Inc., 518 F.2d 638 (2d Cir. 1975), plaintiff sued for libel the authors and publisher of a book, My Life in the Mafia. Affirming the grant of summary judgment in defendants’ favor, the Second Circuit recounted plaintiff’s extensive background of securities fraud, bail jumping, receiving stolen property, and other wrongdoing, and found as a matter of law that he was libel-proof, i.e. “so unlikely by virtue of his life as a habitual criminal to be able to recover anything other than nominal damages as to warrant dismissal of the case, involving as it does First Amendment considerations.” 518 F.3d at 639-640 (citations omitted). …

The libel-proof plaintiff doctrine warrants dismissal of the defamation count, since Mr. Kimberlin’s lengthy record renders him even less reputable than the plaintiffs in the above cases. As lengthy as Cardillo’s record was, he doesn’t appear ever to have conspired with intent to distribute 10,000 pounds of marijuana loaded onto a Colombian airplane, or illegally possessed and/or used the seal of the President of the United States or Department of Defense insignia, or impersonated a federal officer, or received explosives as a convicted felon. Kimberlin v. Dewalt, 12 F. Supp. 2d 487, 489-490 (D. Md. 1998). Cardillo was not a convicted perjurer. United States v. Kimberlin, 483 F. Supp. 350 (S.D. Ind. 1979). He never conducted a bombing spree in which an innocent couple leaving a high- school football game were permanently injured and maimed, and then, after one victim eventually committed suicide, sued the surviving widow. Kimberlin, 12 F. Supp. 2d at 490 (citation omitted). Simply put, even if Mr. Kimberlin’s complaint allegations were true, and even disregarding his failure to describe with particularity the defamatory statements he attributes to Mrs. Malkin, FAC [First Amended Complaint] ¶¶ 80-81, 99, nothing she (or any defendant) wrote could possibly lower his public standing further than the subterranean level to which his own depraved conduct has taken it.

Just so.

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And eventually, one judge agreed. A court has now found that Kimberlin is defamation-proof.

Team Kimberlin Post of the Day


Here’s another one of Kimberlin’s stupidly clumsy lies from the TKPOTD for seven years ago today.

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The carelessness The Dread Pro-Se Kimberlin has shown in his recent court filings is breathtaking. At the beginning of this month, he forgot to remove the PACER page caption from a summons it seems he forged. Around the middle of the month, he filed a bunch of responses to various motions to dismiss in the Kimberlin v. The Universe, et al. RICO Madness. It appears that he didn’t bother to vet his various exhibits in order to see if they supported his allegations. In some case, he wound up misquoting his own exhibits.

BK EFC29-48Here’s Exhibit Y. (Click to embiggen.)Kimberlin v NBC Res Hoge W M2D Ex YTDPK misquotes the text of the message. It says “Don’t go there.” He says it says, “LEAVE HIM ALONE. DONE GO THERE.” Those are two very different messages.

The most amazing thing about this sort of crap, is that it exists at all. Doesn’t TDPK think that the judge will read the exhibits? Doesn’t he think that we defendants and our lawyers go over his stuff with a fine tooth comb? I can understand why someone might lie when he thinks he can get away with it. But this … wow!

#Losing_It

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Kimberlin’s court filings were mostly pure fiction. I often chuckled as I read them—the first time. Then I remembered that I had to put together a cogent, reasoned answer, and the hard work of being a pro se defendant began.

Team Kimberlin Post of the Day


One of the more puzzling aspects of dealing with Brett Kimberlin is his clumsy lying. This Prevarication Du Jour dealt with one of the lies he told in a court filing which included an exhibit that proved his claim was false. It ran seven years ago today.

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

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

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

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

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

Uh, huh.

Ain’t buyin’ it.

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Kimberlin leaked sealed documents from one case to Bill Schmalfeldt for publication at Breitbart Unmasked. He tried to get the protective order in the Frey case loosened so that he could use sealed discovery in other cases and so he could get them published online. When he tried to use some of the Frey documents in the Hoge v. Kimberlin, et al. trial, Judge Hecker told him that he wouldn’t prevent Kimberlin from using them, but that he couldn’t guarantee that Judge Hazel (the judge in the Frey) wouldn’t hold him in contempt for do so. Kimberlin chickened out.

Team Kimberlin Post of the Day


One of the recurring features related to Team Kimberlin has been posts titled Prevarication Du Jour. The post were usually about one of stupid lies being spun by Bill Schmalfeldt, but a few dealt with the utterances of The Dread Deadbeat Perjurer Kimberlin. The PDJ for seven years ago today was one of those.

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In October, 2010, The Dread Pro-Se Kimberlin filed a bar complaint against my RICO codefendant Patrick Frey. (Patterico is a lawyer and serves as a Deputy DA in Los Angeles County, California.) In that complaint TDPK cites a section of a California government Guide to Employee Conduct and Discipline. The boldface type is in TDPK’s original complaint.

Section ( w ) prohibits “[u]nlawful discrimination, including harassment, on the basis of race, religious creed, color, national origin, ancestry, disability, marital status, sex, or age, against the public or other employees while acting in the capacity of a State employee. Covers all acts of unlawful discrimination and harassment by an employee against a member of a protected gtoup, under the auspices of State employment. Acts could be against employees or members of the public.” I am considered as having a disability because of my status as a felon. I have not committed any crime for more than 31 years and have worked hard to be an outstanding member of societysince my release from prison many years ago. Yet Mr. Frey is using his hate blog to harass, bully, defame, investigate and stalk me, with the intent to cause violence against me and ruin my ability to earn a living. He is taking advantage of my disability to target me, and using his official position as a Deputy District Attorney to give credibility to his savage attacks against me.

I’m not making that up. TDPK claimed that he is disabled because of his felony convictions. Of course, there are certain legal “disabilities” that come with being a felon. Felons can’t possess firearms. They can’t vote in some states. But those are not the kind of disabilities mentioned in regulations or laws such as the Americans with Disabilities Act.

The comment section is open for mockery.

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That kind of stupidity is a mental and moral handicap. IANAL, but I’m pretty sure that it isn’t a disability in any legal sense. Of course, Kimberlin’s stupidity have often led him into both civil and criminal legal problems.

Team Kimberlin Post of the Day


Seven years ago today was a busy day here at Hogewash! which resulted in the posting of Team Kimberlin Bonus Post of the Day.

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RICOMadnessThe Dread Pro-Se Kimberlin has filed a combined response to the motions to dismiss from Aaron Walker and me in the Kimberlin v. The Universe, et al. RICO Madness.BK_ECF29-14As the Gentle Reader might suspect, that mischaracterizes our arguments. I’ve argued that Brett Kimberlin, a convicted serial bomber, has been convicted of multiple infamous crimes and is, therefore, a public figure in the same sense as other convicted bombers such as Ted Kaczynski or Timothy McVeigh. I believe his reputation (as a perjurer, drug smuggler/wholesaler/dealer, bomber, murder suspect, etc.) is so bad as to render him defamation proof.

Even Bill Schmalfeldt understood that TDPK has a lousy reputation.

Sat Jun 16 22:27:31 +0000 2012, liberalgrouch, 214122056504184832, @Prepostericity If your point is that Kimberlin is a scumbag, I’m way ahead of you on that.  Said so in my blog weeks ago.  I could do

Sat Jun 16 22:28:26 +0000 2012, liberalgrouch, 214122288910577664, @Prepostericity without the condescending bullshit from a fellow blogger, if you don’t mind.  …

#Fail

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Eventually, Judge Mason concurred with my argument that Kimberlin was defamation proof when he found that to be one of the reasons why The Dread Deadbeat Pro-Se Kimberlin had failed to state a claim upon which relief could be granted and dismissed the RICO Retread LOLsuit in state court.