Team Kimberlin Post of the Day


The lawfare portion of The Dread Deadbeat Pro-Se Kimberlin’s flailing attempt at brass knuckles reputation management has been both a pain in the neck (or a couple of feet lower) and a rich source of pointage, laughery, and mockification. However, it really hasn’t held a candle to the incompetence of his PR effort, the crown jewel of which has been Breitbart Unmasked Bunny Billy Boy Brett Unread, but at one point, there was a BU post so shocking that the Hogewash! coverage of it was titled BREAKING: Xenophon Tells the Truth. (Xenophon is one of the pen names Matt Osborne has used.)

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In a surprising twist Xenophon the Troll finally tells the truth in a post at Breitbart Unmasked(No, I won’t link to it.) about The Dread Pro-Se Kimberlin’s vexatious lawsuits against bloggers and media entities. In a prolonged screed about Paul Alan Levy’s representation of anonymous blogger Ace of Spades in the Kimberlin v. The Universe, et al. RICO Madness, Xenophon writes— BU20140221bYep. As TDPK has claimed, donations from big-time leftwing contributors are drying up for his not-for-profits. For example, the Threshold Foundation had given Velvet Revolution grants totaling as much as $65k a year, but it has zeroed out its support.

It was leftwing blogger Seth Allen who first shined some light on Brett Kimberlin’s current activities. The fact that it was mostly the right half of the blogosphere that rallied to Allen’s defense allowed TDPK to paint resistance to his lawfare as persecution from the right.

That dog won’t hunt anymore. Ken White, Zoa Barnes, and Paul Alan Levy are not rightwing nut jobs, but they have all provided pro bono legal help to victims of Team Kimberlin. The ACLU, which is also helping in Ace’s defense, is rarely thought of as a rightwing organization.

Because of the extra publicity stirred up by TDPK’s frivolous lawsuits, good people on the left are realizing what kind of person Brett Kimberlin is, and they are deciding that they have better things to do with their money than supporting his unprofitable not-for-profits. The Streisand Effect blowback putting a real crimp in his business model.

Team Kimberlin haz sad. I expect them to act out even more outrageously before things are settled.BU20140221a

On advice of counsel, I won’t reply with a Clint Eastwood quote.

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Speaking of Breitbart Unmasked Bunny Billy Boy Brett Unread, it doesn’t look like they bothered to publish anything for more than a week.

Oh, and speaking of following the money—the 2016 IRS Form 990s for TDPK’s not-for-profits aren’t online yet. They will probably be in the last batch of 2016 released after being processed by the IRS. Kimberlin has always filed that sort of paperwork at the last minute, but a man’s got to be aware of his limitations.

Team Kimberlin Post of the Day


One of the running gags about Team Kimberlin’s incompetence in their LOLsuits is the idea that they buy their legal advice from the same Acme Company that sells goods to Wile E. Coyote. The TKPOTD from four years ago took a look at Another Fine Acme Legal Theory.

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vbr201402210202Z47 U.S.C § 230(c) says that the person providing content is responsible for what he provides. In the case of a comment posted here at Hogewash!, that’s the author of the comment. The law says that

[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

Furthermore, 47 U.S.C § 230(e)(2) says in part that

No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.

Now, Acme will probably point to the recent Hare v. Richie case where discovery was allowed to continue in spite of a website’s contention that is was protected by § 230. There are three things to consider. First, discovery was allowed in that case to determine if the site operator was involved in producing any of the offending content. Second, the plaintiff wound up losing the case. It was dismissed.

Third, discovery in a similar lawsuit involving Hogewash! would lead to the same result.

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So far that theory has failed against this blog and me in four LOLsuits and a peace order petition from The Dread Deadbeat Pro-Se Kimberlin and four LOLsuits from The Dreadful Pro-Se Schmalfeldt.

Apparently, when they read the thing about “satisfaction guaranteed,” they didn’t understand that Acme meant mine.

Team Kimberlin Post of the Day


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

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

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

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

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

Team Kimberlin Post of the Day


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

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

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

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Demented is as demented does.

Team Kimberlin Post of the Day


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

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

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

That deserves some fisking.

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

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

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

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

#Loser

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Lying liars gotta lie.

Team Kimberlin Post of the Day


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

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

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

Stay tuned.

Team Kimberlin Post of the Day


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

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

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

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

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

Stay tuned.