As the TKPOTD for seven years ago today noted, Brett Kimberlin often has had difficulty complying with deadlines for filing court papers.
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The docket on PACER does not show that any opposition to my motion to dismiss for failure to state a claim has been filed in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo. Given that the deadline for filing any opposition was last Friday, it appears that the motion is now unopposed.
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I filed two motions to dismiss in that case. One was for improper venue; the other was for failure to state a claim. The court granted both motions, effectively ruling that Kimberlin’s LOLsuit was not only bogus, but filed in a court that didn’t have jurisdiction .
All of Team Kimberlin’ LOLsuits failed because they were never able to put together a logically consistent narrative that alleged all the elements of a tort. The TKPOTD for seven years ago today examine one fatal error in one false narrative.
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The real caption of the RICO 2: Electric Boogaloo LOLsuit is Kimberlin v. Hunton & Williams LLP, et al. Hunter & Williams LLP is a large law firm, but they are not representing themselves. They have hired Williams & Connolly LLP to handle the suit.
This is footnote 9 in the H&W motion to dismiss,
The Dread Pro-Se Kimberlin waited until after the statute of limitations had run before filing his complaint against the people and organization he imagines conspired against him. He didn’t allege that ManTech, PNNL, Bill Nickless, or I were part of that original conspiracy. He’s opportunistically dragged us into the case to try to have some sort of continuity to the supposed plot. Of course, if ManTech, PNNL, Mr. Nickless, and I were never part of the conspiracy, it doesn’t make sense that we acted on its behalf.
But logic has never been one of the strong points in TDPK’s LOLsuits.
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And he dragged me in after having already lost an earlier case against me in which he could have alleged all of his claims against me in the RICO 2 case, but the doctrine of res judicata precluded litigation of those claims. Further, by including me in the alleged conspiracy, the res judicata shield I enjoyed also protected those alleged co-conspirators.
I have no Idea how much revenue Brett Kimberlin generated from the DONATE buttons on his websites. However, based on his multiple LOLsuit claims that I’ve used Hogewash! to trick the Gentle Readers in to giving me vast sums of money, I do know that it really gets under Kimberlin’s skin if you hit my Tip Jar. I’m also sure he feels the same way when folks click on my podcasting partner Stacy McCain’s Big Yellow Button.
The Circuit Court in Montgomery County let the Kimberlin v. Walker, et. al. LOLsuit get all the way to a trial, but most of his later state and federal cases failed to survive motions to dismiss. One did make it as far as a summary judgment in the defendant’s favor, but two were killed off via sua sponte dismissals by a judge who had learned his lesson about Kimberlin in previous cases. The TKPOTD for seven years ago today looked at one of the fatal flaws in the RICO 2: Electric Boogaloo LOLsuit.
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Here’s another example of The Dread Pro-Se Kimberlin’s inability to keep his lies straight. First, take a look at this paragraph from his opposition to the U. S. Chamber of Commerce’s motion to dismiss the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.Now, take a look at paragraphs 57 and 58 in his Complaint.
Those two paragraphs describe things that I allegedly did, and that paragraph from the opposition says that those supposed acts were done for the advancement of the mythical RICO conspiracy. That would make me a member. However, according to the Complaint, I’m not.
“[W]hen a complaint contains inconsistent and self-contradictory statements, it fails to state a claim.” Hosack v. Utopian Wireless Corp., Case No. 11-CV-00420-DKC, ECF No. 15 (D.Md. 2011) at 12.
TDPK is lucky that his nonsense about paragraphs 57 and 58 is in that opposition. Since it isn’t within the four corners of the Complaint itself, the Court can ignore it and the resulting contradiction. Of course, there are still plenty of fatal defects in the Complaint, but I don’t need to educate the midget about all of them. At least, not yet.
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The biggest flaw in the RICO 2 case was including me at all. Because he could have made all the new claims against me as part of the first LOLsuit that he lost, he was barred from raising them against me by the legal principle of res judicata. Further, by claiming that I was a member of a conspiracy, that bar extended not only to me but also to my alleged co-conspirators.
BTW, Res Judicata coffee mugs, t-shirts, and other fine swag are available at The Hogewash Store.
One of the things I’ve noticed about Brett Kimberlin’s court filings is that they usually read like easily disproved fiction. The TKPOTD for eight years ago today debunked one such claim in his RICO Madness LOLsuit.
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The Dread Pro-Se Kimberlin may be in for a rough time with his RICO claim in his vexatious Kimberlin v. The Universe, et al. lawsuit. He has made allegations of online fundraising by the defendants the underpinning of his claim.He made a similar claim in his Kimberlin v. Walker, et al. nuisance suit in state court. When he tried to get evidence concerning such fundraising into the record, he wound up with these exchanges. This—
MR. KIMBERLIN: Uh-huh. So you’ve raised a lot of money on that site.
MR. AKBAR: No.
MR. KIMBERLIN: You haven’t?
MR. AKBAR: Nope.
MR. KIMBERLIN: Bomber Sues Bloggers has never raised any money?
MR. AKBAR: No. I do a lot of fund raising for charitable activities, homeless people, the hungry, free speech —
MR. KIMBERLIN: I’m asking you a simple question. Have —
MR. AKBAR: Well, what —
MR. KIMBERLIN: — you ever raised any money on —
MR. AKBAR: In the context of what I do for a living, no.
MR. KIMBERLIN: Have you ever received any money, any funds at all, from the National Blogger’s Club?
MR. HOGE: No.
Thus, there is nothing in the record of that trial concerning online fundraising by my codefendants or me that supports TDPK’s similar allegations in the state case. That lack of evidence is part of what led Judge Johnson to render a directed verdict in our favor. That verdict is a final judicial finding that TDPK’s allegations are false. As such, they are not subject to relitigation under the doctrine of res judicata. That means that the RICO claim in the federal lawsuit should be dismissed.
It will be interesting to see what crackpot legal theory TDPK will try to use to save his foundering lawsuit when he files his omnibus answer to all the motions to dismiss in the RICO Madness. His opposition is due on 15 October. There should be plenty of time to stock up on popcorn.
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AFAIK, Kimberlin’s only currently active case is petition for a writ of certiorari seeking to have the Supreme Court review the Seventh Circuit’s denial of his attempt to have his Speedway Bombing convictions set aside. We’ll see how his narrative about those trials plays with the Supremes.
Brett Kimberlin has sued me for defamation four times, and he lost all four for those LOLsuits. One of his complaints was that I’ve called him a terrorist. The TKPOTD for seven years ago today took a look at how he was referred to as a terrorist long before I had ever written about him.
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One of the the things The Dread Pro-Se Kimberlin whines about in his Kimberlin v. Most of the Universe, et al. LOLsuit is how he feels defamed because he’s been called a terrorist. He would have the court believe that being called a terrorist after 15 October, 2010, portrayed him in a false light.
If the Gentle Reader does a Google search on >”brett kimberlin” + terrorist< that is time limited to before 2010, the top results will look something like this—
That first result is the Wikipedia “Kimberlin” page which contains a link to the article about Brett Kimberlin. While the “Kimberlin” page was created in 2008, the article about TDPK wasn’t created until 2012. Gasp! Wikipedia refers to Kimberlin as a terrorist! <sarc>It must be part of the conspiracy!</sarc>
The next hit is a Baltimore Sun article from 1996 reviewing Mark Singer’s book Citizen K. It refers to Kimberlin as a terrorist. The third hit is a piece from Daily Kos that refers to Kimberlin as a bomber “who terrorized the city of Speedway, Indiana …” Neither the BS nor Daily Kos qualify as rightwing nut job publications.
And there are plenty more references to Kimberlin’s history as a bomber/terrorist/criminal. His reputation was out there on the Internet well before 2010 and, certainly, well before I began blogging in 2011.
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In the second state case he filed against me, the court found that his reputation was so poor as a perjurer, drug smuggler, and serial bomber was such that it was impossible to defame him.
And now he’s asking the Supreme Court for relief from his Speedway Bombing conviction.
Being one of the targets of Brett Kimberlin’s lawfare was a serious problem, but one that required mockery as part of the response. His first LOLsuit listed seven causes of action, some of which weren’t things that can be the subject of a lawsuit. Part of my response was to suggest that he forgot to include Mopery With Intent to Lurk among his laundry list of claims. Nine years ago today, one of the Gentle Readers joined in the pointage, laughery, and mockification.
Brett Kimberlin has lost every court case he’s filed over the past decade. The TKPOTD for five years ago today took a look at the one of the easily refuted false claims he made.
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One of the silliest claims that The Dread Pro-Se Kimberlin has made in his various LOLsuits is that making truthful statements about him based on his own writings is defamatory. For example, in his second amended complaint in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit, TDPK alleged this—The statement that Kimberlin has filed over 100 lawsuits is based on Kimberlin’s own words contained in an email he sent to Patrick Frey. The opinion that they were frivolous is based on the fact that he lost almost all of them. And as a blogger on the receiving in of TDPK’s lawfare, I agree that his attacks were vicious.
I’ve seen it suggested in some quarters that Patterico wasn’t telling the truth about receiving such an email from Kimberlin. However, in his order granting summary judgment in Patrick Frey’s favor in the Kimberlin v. Frey RICO Remnant LOLsuit, Judge Hazel found this—By my reckoning, TDPK’s filed another dozen or so civil actions in the past five years. Perhaps the next time he threatens someone he should claim to have filed “over a hundred-and-twelve lawsuits,” but given the way he’s been beaten over the past five years, he may not want to claim that his pro se lawfare is no sweat.
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AFAIK, Kimberlin has only one case pending, his petition seeking the Supreme Court’s review of the Seventh Circuits denial of an attempt to have some of his Speedway Bomber convictions set aside. Kimberlin has managed to get lawyer to represent him pro bono. We’ll see how the case proceeds.
Yesterday, we mentioned a couple of the members for Team Kimberlin by the titles they were tagged with as members of The Dread Pirate Kimberlin’s crew. Ten years ago today, the Dread Pirates Robert and Kimberlin were compared in this post.
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The Dread Pirate Roberts, so the story goes, is a pirate of near-mythical reputation, someone feared across the seven seas for his ruthlessness and swordfighting prowess, and who is well known for taking no prisoners. Ships immediately surrender and give up their cargos rather than be captured, a fate they imagine to be certain death.
The Dread Pirate Kimberlin is more like a legend in his own mind, a pretender who wishes to be feared for his ruthlessness and legal ability and to be known for vanquishing all comers in court. Critics, he thinks, should immediately stop telling the truth about him and give up their First Amendment rights at his command.
It turns out that Dread Pirate Kimberlin’s legal acumen seems to be as fictional as Dread Pirate Roberts’ existence. And no one will surrender to Dread Pirate Kimberlin.
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He’s lost every LOLsuit he’s filed since he made the mistake of tangling with me.
Brett Kimberlin is the subject of an authorized biography called Citizen K: The Deeply Weird American Journey of Brett Kimberlin. This post from nine years ago today provided an Amazon link to purchase a copy.
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Back in the ’90s, before Brett Kimberlin’s parole was revoked, Mark Singer extensively investigated Brett Kimberlin’s background and his claim to have sold marijuana to Dan Quayle. Citizen K is the saga of a master drug smuggler, convicted bomber, suspected murderer, jailhouse lawyer, and media manipulator, whose story about supplying marijuana to a future vice president is only the beginning.
When Kimberlin was served with discovery interrogatories related to the book during one of his LOLsuits, Kimberlin claimed that he didn’t have a copy, so I bought one and sent it to him with discovery interrogatories in another case.
Oh, and here’s an interesting twist. The first copy of Citizen K I acquire was a gift from one of the Gentle Readers who had bought it at a used bookstore. It was marked as having been the property of the public library in Bloomington, Indiana.
One of the reason the Brett Kimberlin failed in his campaign of pro se lawfare was his inability to see the possible consequences of his court filings. The TKPOTD for six years ago dealt with one of the admissions against interest he made in motion. Take a look at paragraph 7 in his motion.
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The Kimberlins have filed this motion in the Walker v. Kimberlin, et al. lawsuit seeking to depose Aaron Walker’s wife before the trial.
It will be interesting to see how the court rules on this during the 30 September motions hearing.
The Dread Pro-Se Kimberlin says he wants to have copies of the pictures Mrs. Walker took of him on 1 March, 2013, while he was stalking her. I don’t have any of them, but I do have this picture of him cruising the parking lot of the Howard County District Courthouse one week later on the date of a peace order hearing against Bill Schmalfeldt. That hearing was continued for two weeks. Schmalfeldt was out of town because of his mother’s death.TPDK drove around the lot, apparently looking for a particular vehicle, and left after circling the lot twice. He returned a half-hour later (just before the hearing time), circled the lot again, and left again. I believe that he was looking for the Walker’s SUV with Virginia tags. The second time he cruised the lot, he stopped in front of the car in which Aaron was sitting (a borrowed sedan with Maryland plates) without recognizing Aaron. It’s likely the Kimberlin was trying to serve a motion on Aaron, because one was mailed to him from the Elliott City post office that afternoon. The handwriting on the envelope appeared to be Kimberlin’s. Schmalfeldt was out of town and could not have mailed it.
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I saved several of the cartoons the Cockroach (Vigilans Vindex) posted as comments here, and the one for the original post sums up Kimberlin’s mistake.Heh.
At this point in 2014, Brett Kimberlin has just lost the first of his LOLsuits that included me as a defendant, and only the first of his RICO LOLsuits was still pending. He had just told a reporter the Aaron Walker, Stacy McCain, Ali Alexander, and I could expect lawsuits for the rest of our lives. The TKPOTD fro eight years ago today considered that threat.
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The Dread Pro-Se Kimberlin is rattling his tail and threatening to strike out with yet another vexatious federal lawsuit against the original defendants in the state Kimberlin v. Walker, et al. nuisance lawsuit.
Before he does that, he might want to war-game the various responses that are possible from one or more of the potential defendants. There are some things that he may think are low-to-zero probability that … well, let’s just say that he really, really should consider the potential costs of such a lawsuit.
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The questions posed by this comment to the original post have never be properly answered..
As the Kimberlin v. Walker, et al. nuisance LOLsuit was coming to an end in state court, Brett Kimberlin began trying to get a temporary restraining order in the federal RICO Madness LOLsut against the state court defendants who common to both cases. However, the federal suit was under a case management order, so Kimberlin had to ask for permission to file for the TRO, and he asked for an unusually long schedule for the filing. Judge Hazel said, “No,” point out that if the matter is important enough for a TRO, Kimberlin needed to get his paperwork in promptly. He set a drop dead date for filing.
The reason Kimberlin wanted more time than usual was that he had planned to take a vacation in Hawaii with his wife and her two daughters. BTW, he lists his salary on the Justice Through Music Project IRS Form 990 as $19,500 a year, and he told the Seventh Circuit Court of Appeals last year that he should be given a pro bono lawyer because he has to makes do on his JTMP pay and a small bit of Social Security.
The TKPOTD for eight years ago today was about Kimberlin’s response to the judge’s instructions.
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Thursday, 28 August, 2014, was the drop dead date for The Dread Pro-Se Kimberlin to either file his motion for a preliminary injunction in his Kimberlin v. The Universe, et al. RICO Madness or to inform Judge Hazel that he was withdrawing his request to file such a motion. Failure to do one or the other was not an option, but it seems that was the course TDPK chose.
No new filings showed up in the case docket on PACER on Thursday, but if something had been filed at the last minute or put in the after-hours drop box, it would not have made it into the system until Friday. There was nothing new on Friday either.
I was informed by my lawyer in the state Kimberlin v. Walker, et al. nuisance lawsuit that TDPK had threatened to file an additional federal lawsuit against me and my state codefendants for some unspecified cause of action. (Mopery with intent to lurk?) That suit was also supposed to come on Thursday as well, but no new case had appeared in PACER as of Friday.
I’m beginning to wonder if Brett Kimberlin has caught on to the fact that his associate Neal Rauhauser’s theory of lawfare has several fatal flaws. First, it won’t work when it is used to attack someone or some organization with a combination of deep pockets and deep principles. Second, it won’t work against a pro se defendant with the time, intellectual resources, and stamina to engage in the kind of legal judo necessary to turn the lawfare back on the plaintiff. Third, it won’t work when it is used to attack so many defendants at once that they can overwhelm the plaintiff with their filings in reply to his complaints and motions.
TDPK hit the trifecta with his RICO Madness. Maybe he’s learned his lesson.
And maybe not.
He is making noises about appealing his loss in the state lawsuit.
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Losing that first state case wasn’t enough. It took losing the RICO Madness, RICO Retread, and RICO 2:Electric Boogaloo LOLsuits for Kimberlin to learn to stop messing with me, and he had to lose the RICO Remnant and RICO 3 LOLsuits as well before he finally gave up on trying to use lawfare for reputation management.
Back in 2016, Brett Kimberlin sued Senators McConnell and Grassley because they held up the nomination of Merrick Garland to the Supreme Court. The TKPOTD for six years ago today took a look at a possible motivation for that failed LOLsuit.
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In the first paragraph of the Complaint in the Kimberlin v. McConnell, et al. LOLsuit (that’s the one in which he’s suing the Senators McConnell and Grassley for not moving the Garland nomination to the Supreme Court through the confirmation process), The Dread Pro-Se Kimberlin says that part of his duties at Justice Through Music Project is to file lawsuits to vindicate his own personal rights. That suit was dismissed for lack of standing by the U.S. District Court, and it’s now on appeal at the Court of Appeals for the Fourth Circuit.
I suspect Brett Kimberlin sees sticking his nose into the Garland nomination controversy as an opportunity to stir up some donations for his not-for-profits, and the JTMP website has a post on the issue.Note that the post, which has been up for several weeks, has not generated a single comment. That’s unsurprising. Not one of the posts shown on the JTMP Home Page has elicited any comments. Again, that’s not surprising given how little traffic the site generates.
The odds are that more people will read this post today than will visit the JTMP website this month. I probably never would have written a word about Brett Kimberlin if he hadn’t engaged in his campaign of brass knuckles reputation management and got that unconstitutional peace order against Aaron Walker, and Aaron wouldn’t have been involved if Kimberlin hadn’t engaged in shutuppery against Seth Allen. I wonder—does Brett Kimberlin ever wish he had ignored what Seth Allen was writing?
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Stacy McCain calls Kimberlin The World’s Worst Pro Se Litigant™. I’ll just say that stupid is as stupid does.
Brett Kimberlin has made almost all of his false statements about me in court filings because statements made in that context are privileged and can’t form the basis of a claim for defamation. The TKPOTD for eight years ago today was a fishing of one set of claims he made in the first RICO LOLsuit that include me as a defendant.
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In the Second Amended Complaint of his Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin has accused me of the following:
From paragraph 76: Virtually every time Plaintiff appears in Court, Defendants Walker and Hoge have stalked him, and Plaintiff fears that Defendant Walker will assault him again. Both Defendants Walker and Hoge constantly write blog posts, some with photos of their shots at the shooting range, stating how they are armed and dangerous and will not hesitate to use their weapons against Plaintiff. Plaintiff has witnessed Defendants Walker, Akbar, McCain, Frey and Hoge attack anyone online who questions their conduct, and at least one reporter has received many death threats after writing about the Defendants.
<fisking>In July, 2013, TDPK tried to have Aaron Walker and me ejected from a courtroom where a set of peace order and protective order hearings to which he was a party were about to begin. Judge Mitchell informed him that we were entitled to be at an open court session.
I’ve never threatened violence to anyone on this blog. I don’t intend to.
If someone has received a death threat, TDPK should make sure that it has been reported to an appropriate law enforcement agency.</fisking>
From paragraph 77: Defendants Akbar, Hoge, Walker, Thomas aka KimberlinUnmasked and McCain have continued to defame and publicly attack Plaintiff after the filing of this Complaint with thousands of tweets and blog posts falsely calling Plaintiff a swatter and stating that he caused Defendant Walker’s termination.
<fisking>I have reviewed every reference to SWATing published here at Hogewash!, and I cannot find a single instance where I have called TDPK a SWATter. I have referred to his involvement in Aaron Walker’s losing his job. BTW, that came up as in the state case, and TDPK was not able to show that what Aaron’s claims is false. Collateral estoppel should apply to any RICO Madness claim relating to Aaron’s firing.</fisking>
From paragraph 80: Defendants Walker, Hoge, Frey and Stranahan condemned Judge Vaughey online which resulted in the judge being targeted by having his home phone number and address posted online, causing the head of courthouse security to provide special security for him. Defendants Walker and Hoge called on their followers to contact Montgomery County States Attorney John McCarthy and demand that he arrest and prosecute Plaintiff based on their false narratives. In March 2013, Defendants Hoge, Walker, McCain and Stranahan launched “Everyone Blog About Howard County (Maryland) State’s Attorney Day,” which resulted in threats by phone and email to the State’s Attorney over a period of several weeks.
<fisking>TDPK can show no causal relationship between my criticism of Judge Vaughey’s decision to ignore a Supreme Court precedent and grant an unconstitutional peace order and any alleged actions that might have been taken by third parties. I have never contacted State’s Attorney McCarthy demanding TDPK’s arrest. I have asked why the Montgomery County State’s Attorney’s Office has ignored Brett Kimberlin’s blatant perjury, but I have never received a reply. The Howard County State’s Attorney’s Office has never confirmed to me that they received any threats as a result of Everyone Blog About the Howard County State’s Attorney’s Office Day.</fisking>
From paragraph 138: On June 8, 2012, Defendant Hoge, who lives in Maryland, wrote a letter to a Congressman in Maryland and imputed that Plaintiff was involved with swattings, that he should be investigated by the FBI and sent to prison. Defendant Hoge published that letter along with a blog post.
<fisking>Yes, I wrote a letter to Congressman Van Hollen. It doesn’t say anything about the FBI, and it doesn’t accuse TDPK of SWATting. Even if the letter were defamatory, and it isn’t, the statute of limitations on defamation had run out by the time TDPK filed his lawsuit.</fisking>
From paragraph 139: Since the filing of the original complaint in this case, Defendant Hoge has published hundreds of blog posts and tweets defaming Plaintiff and accusing him of crime after crime. In fact, the majority of his Hogewash.com blog is dedicated to attacking, cyber stalking and harassing Plaintiff, his family and anyone who supports Plaintiff, including reporters, judges and prosecutors.
<fisking>This blog brings up Brett Kimberlin or one of his associates every day and will continue to do so until he has been brought to justice. Hogewash! has never attacked members of his family, legitimate reporters, judges, or prosecutors.</fisking>
From paragraph 143: Defendants McCain, Walker, Frey, Stranahan, Hoge, DB Capitol Strategies, and Akbar raised and continue to raise money on their websites based on their false narrative about the swattings.
<fisking>As mentioned above, Hogewash! has never accused TDPK of SWATting, but the Gentle Reader should feel free to hit the Tip Jar anyway.</fisking>
From paragraph 156: These Defendants, including Malkin, Hoge, Walker, Ace, Thomas, McCain, Akbar and Frey, egg on their commenters and ask them to get involved, post comments and tweets, demand that Plaintiff be investigated and incite their readers to engage in vigilante action directed at Plaintiff in Maryland.
<fisking>I do encourage the Gentle Readers to get involved. However, as I have said before, I am strictly opposed to any vigilante action directed toward Brett Kimberlin or any other member of Team Kimberlin.</fisking>
From paragraph 186: Other forms of retaliation were the battery of Plaintiff by Defendant Walker; the filing of false criminal charges, peace orders and frivolous civil suits against Plaintiff by Defendants Walker and Hoge; attempting to extort a settlement from Plaintiff in exchange for dismissing a malicious federal lawsuit by Defendants Walker, Backer and DBCapitol Strategies; publishing defamatory stories accusing Plaintiff of swatting; repeatedly threatening Plaintiff with imprisonment based on false narratives; and threatening Plaintiff’s family.
<fisking>TDPK’s allegation of battery was shown to be false over two years ago. He should give it a rest. His thing about false charges, peace orders, and civil suits was found to be meritless by Judge McGann during the 1 July hearing. Collateral estoppel strikes again.</fisking>
From paragraph 249: Defendants Walker, Hoge, McCain and Ali have stalked Plaintiff in public places. Defendants Walker, Hoge and DB Capitol Strategies have filed numerous false criminal and civil actions against Plaintiff over a two-year period, all which have been dismissed or denied. Defendants Hoge, Walker and some of the other Defendants publish daily taunts against Plaintiff and mock this suit with daily posts on their blogs, and continually assert that they are going to get Plaintiff imprisoned. They have attacked Plaintiffs employer and those who donate to that non-profit The Defendants have tried to get Plaintiff fired. They have attacked Plaintiffs wife and teenage daughter and even reporters who have written favorably about Plaintiff. They have even attacked prosecutors who have refused their frivolous charges, Defendant Walker has even imputed in a recent blog post that Plaintiffs teenage daughter is fair game for destruction because of “corruption of blood.”
<fisking>This blog has never attacked any member of Brett Kimberlin’s family. It does engage in mocking him.</fisking>
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That post was from 2014. In 2015, Tetyana Kimberlin filed the false Application for Statement of Charges alleging that I had harassed her older daughter. With that, Tetyana Kimberlin became an active member of Team Kimberlin, and I have written about her participation in her husband’s schemes.
Brett Kimberlin has done many things that I have found disturbing, but the incident referenced in the TKPOTD for eight years ago today was among the worst I’ve witnessed.
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I’ve been listening to the courtroom audio recordings as part of my preparation for the next part of my Kimberlin v. Walker, et al. in Review series. Since those recording are used to produce the trial transcript, they include the conversations between the judge and counsels at the bench. I could not hear them in the courtroom because a noise source is turned on by the judge to mask the conversations. Thursday evening was the first time that I became aware of the following:
Brett Kimberlin called his older daughter as a witness. He did so at the end of the presentation of his case. He tried to do so as his first witness, but our lawyer objected. During the interchange at the bench, The Dread Pro-Se Kimberlin said that he wanted her to testify to various things which the judge felt were inadmissible because her testimony would be hearsay. TDPK also said he wanted her to testify to the fact that he had not done anything untoward with her. That would have been admissible, but my lawyer agreed that we would stipulate that so there was no reason for her to be called. During the conference at the bench, Judge Johnson remarked,
To put your 15 year old daughter—talk about —talk about harm—to put a 15 year old kid in a courtroom in front of a jury and ask her questions about pedophilia!
Just before he called her, the judge called the counsel up to the bench and tried one more time to dissuade TDPK from calling his daughter.
THE COURT: You know the witness you really need?
THE COURT: Is your wife here?
KIMBERLIN: She’s, she’s packing. We’re leaving on vacation tomorrow—
THE COURT: Is she gonna testify? See, that’s —if she were going to testify, that would be one thing, but a 15 year old?
Yesterday, I noted the eighth anniversary of the directed verdict in the defendants’ favor in the Kimberlin v. Walker, et al. LOLsuit. Eight years ago today, I published a Kimberlin v. Walker, et al. in Review. I’ve reproduced it below.
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Brett Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in the Circuit Court for Montgomery County. His initial complaint was a laundry list of torts and several other bizarre claims that sought $1,000,000 in damages. Yesterday, he lost his case with respect to Aaron, Stacy, Ali, and me. Technically, the suit still survives against the two individuals that Kimberlin is currently accusing of being Kimberlin Unmasked, but based on what developed at this week’s trial, their defense would appear to be pretty solid and straightforward. Brett Kimberlin would be wise to drop his case against them.
Now that we’ve won, I’m going to tell you my side of the case. It’s a long and complicated story, requiring many posts.
During the first weekend of July, 2013, I got an email from a reader who had seen in the Maryland Judiciary Case Search database that Brett Kimberlin had filed for a protective order against his wife and had filed criminal charges against another individual. Maryland has two types of what are called “restraining orders” in other states. Peace orders are issued between unrelated persons. Protective orders are issued among family members, roommates, or other persons with close relationships. Given The Dread Pro-Se Kimberlin’s history of seeking peace orders against the likes of Aaron Walker and John Norton, I wondered why he was seeking an order against his wife. So the following Monday, Aaron Walker and I went to one of District Courthouses in Montgomery County and witnessed the hearing.
I won’t rehearse all the details, but over the next few days, Mrs. Kimberlin approached me, and Aaron and I wound up helping her with her legal problems related to her husband. Shortly afterwards, TDPK sued us. One of the claims for defamation that he made was based on the fact that I suggested that Brett Kimberlin might be a pedophile. That suggestion was made after he had been charged with sexual offense in the third degree. While the State didn’t take the charges to trial, I believe Mrs. Kimberlin’s story.
In order to prove a defamation case in Maryland, the plaintiff must prove that what the defendant said or wrote was false. Brett Kimberlin could not do that. After putting his older daughter, Aaron, Ali, Stacy, and me on the stand, he had produced no evidence of falsity. He had no case. With the jury sent out of the courtroom, Judge Johnson incredulously asked him, “Is it your theory that you can come into court and say, “I was defamed,” and rest your case?” Because TDPK had offered no evidence for the jury to consider in its deliberation, the judge ruled that there was no case, and gave a verdict in favor of the Aaron, Stacy, Ali, and me as a matter of law.
The Dread Pro-Se Kimberlin filed his suit on 30 August, 2013. He lost on 12 August, 2014. That makes 347 days that we defendants were subject to his vexatious nonsense. All that has cost TDPK is a sanction award of $600 to our lawyer—which he now late in paying. Or so he may think.
UPDATE—During her testimony, Miss Kimberlin was very supportive of her father. However, as the judge noted, being a good father would not disprove what we wrote about him.
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Suing me was probably the dumbest mistake he made since he got out of jail, and Im not done with him yet.
The TKPOTD for eight years ago today contained my thoughts as I prepared for the first day of the Kimberlin v. Walker, et al. nuisance LOLsuit.
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The Kimberlin v. Walker, et al. nuisance lawsuit is scheduled to go to trial at 9:30 this morning in the Circuit Court for Montgomery County. When you cut through all the bullshit in The Dread Pro-Se Kimberlin’s complaint, what the suit boils down to is this—Brett Kimberlin haz sad because a bunch of mean bloggers said truthful things about him and wouldn’t shut up when he said so.
His suit is 100-%-pure, unadulterated anti-First-Amendment shutuppery. TDPK will get his day (or two) in court. He’ll have his chance to convince a judge and jury that it’s defamatory to write accurately about his past, to report truthfully about his present activities, or to express an opinion about him based on what was learned in that reporting. He will have to prove that what we wrote was false and that either we knew it was false or we wrote with a reckless disregard for the truth. He will have to present evidence to that effect, and he doesn’t have any—which is just the beginning of the problems TDPK faces.
I don’t expect the process to be pleasant, but I do expect that my codefendants and I will come out of it as the winners.
Pray for justice.
UPDATE—This seems to be all Team Kimberlin has left.
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You know, as much as I enjoy camping, I haven’t had many opportunities over the past eight years. I doubt I’ve spent a whole week sleeping under canvas or nylon during past eight years.
Two of the four of the LOLsuits Brett Kimberlin filed against me were federal RICO suits. I’ve generally referred to first suit as the RICO Madness LOLsuit and the second as RICO 2: Electric Boogaloo LOLsuit. However, they weren’t the first RICO suit Kimberlin ever filed. The TKPOTD for nine years ago today was about his first RICO case.
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In his biography of Brett Kimberlin, Mark Singer discusses the pornography business that Kimberlin ran while he was in prison selling porn to other inmates. On p. 203 of Citizen K, he describes how the business ended after he lost his original connection and tried a new source.
In January 1987, in a federal court in Madison, Wisconsin, Kimberlin sued Crest Paragon Productions, alleging false advertising, breach of contract, mail fraud, conspiracy, and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). According to the complaint, instead of the thirty magazines and sixteen books Kimberlin expected when he responded to a back-of-the-book advertisement placed by Crest Paragon, he was sent “fifteen pamphlets and three paperback books of low quality.”
Though Kimberlin felt conflicted because “I could have made a fortune on that stuff inside prison if it wasn’t contraband,” mainly he felt compelled to sue. He asked for compensatory and punitive damages totaling $150,000.
The Gentle Reader will probably not be surprised to learn that the case was thrown out of court.
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That zeroth RICO case was no more successful than the three he filed in the 21st century. None of his RICO claims every survived a motion to dismiss, and none of his other claims survived summary judgment. In fact, the third case this century was dismissed by the judge on his own before any summons were issued to defendants.
In late July, 2013, Tetyana Kimberlin filed an Application for Statement of Charges against Brett Kimberlin, alleging that he had had sexual intercourse with her in Maryland before her 16th birthday. He was charged with 3rd Degree Sexual Offense (what most states would call statutory rape), but the charge was dropped when she later said she would not testify.
That’s not the only story involving Brett Kimberlin and an underage girl. The TKPOTD for nine years ago cites an excerpt from Mark Singer’s Citizen K.
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This passage begins on p. 81 of Mark Singer’s Citizen K. The Gentle Reader might want to see how many familiar themes it contains.
The morning of June 26, Judith Johnson continued in her statement to the police, she had another surprise visitor.
“Brett C. Kimberlin came to our office. He came into my office and closed the door, talked very low, was nervous, introduced himself as living with Sandra Barton, 68 POC #A, and stated he had lived there for a good many years. He told me that his girlfriend’s mother was harassing them, that she hated him and their situation (living there with her daughter and grandchildren) … he said that Mrs. Barton’s mother was insane and that he wanted them to get away from here but that Mrs Barton was afraid of her mother and would not stand up to her.” … “He wanted me to evict them so it would be a good reason for them to have to move away and therefore Mrs. Scyphers would believe them and think they had to move and were not just getting away from her. I told him that I couldn’t evict Mrs. Barton for something like that. He then told me that the apartment was destroyed due to Mrs. Barton having 4-6 animals, that the odor was very bad and that sometimes he had to step out on the patio in warm weather. He said the carpet was ruined. I advised him that I would have it inspected. If it was true and was this dirty we would ask her to move. He agreed. We also discussed the date and arrived at 8/1/78.”
On a three-by-five index card, the detective from the Speedway Police Department who interviewed Judith Johnson—the interview took place 3 August 1978—recorded the following quotation from her, separate from her signed statement: “Brett Kimberlin had vengeance on his face when he talked about Mrs. Scyphers. He radiated hatred.”
Mrs. Scypher’s was murdered on 29 July, 1978.
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I found the image above on the Internet shortly after Brett Kimberlin was charged, and I used it to illustrate several post. Kimberlin tried to use it as evidence against me in the Kimberlin v. Walker, et al. LOLsuit, but he was unable to find a way to get it authenticated and admitted into evidence.
Back in September, 2013, Brett Kimberlin was just getting started establishing himself as what Stacy McCain calls The World’s Worst Pro-Se Litigant™. At that point, Kimberlin had failed in his attempts to get a couple of peace orders, but he hadn’t yet lost any of the defamation LOLsuits that included me as among the defendants.
He’d filed a couple of false Applications for Statement of Charges against Aaron Walker and me, but they had been quickly killed off for lack of evidence. On 3 September, Breitbart Unmasked Bunny Boy Unread published a prediction that a LOLsuit was in the works.Of course, Matt Osborne’s predictions of the direst of dire direness ware (like the real Criswell’s) almost completely wrong.
The one thing that he got right was that we would engage in fund raising to help defray the cost of out defense. Although we had pro bono representation by Patrick Ostronic (Thank you, sir!), we still had several thousand dollars of costs related to copying, court fees, etc. (Thank you to those who helped!)
The worst mistake Kimberlin ever made was including we as a defendant in those cases.
Brett Kimberlin became less and less successful as his campaign of lawfare went forward. The Kimberlin v. Walker,, et al. LOLsuit, the first of four to include me among the defendants, was the only one that actually made it to trial, and most of it was killed off at summary judgment. The TKPOTD for eight years ago today dealt with Kimberlin’s inept handling of the discovery phase of that case.
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I mentioned a few days ago that The Dread Pro-Se Kimberlin’s response to our discovery requests in the Kimberlin v. Walker, et al. nuisance lawsuit was underwhelming. Based on the staggering lack of evidence, the lawyer representing Aaron Walker, Stacy McCain, Ali Akbar, and me has filed a second set of motions for summary judgment on the two counts that survived the 1 July hearing. Of course, TDPK has filed an opposition to our motions.TDPK is dead wrong about res judicata being applicable. Res judicata only applies to final dispositions of matters. There has been no final disposition of the surviving defamation and false light counts in the lawsuit. There won’t be until either they are dismissed with prejudice or one side wins at trial. Judge McGann denied our first motions on those counts in order to give TDPK one last chance to allege a set of facts to support his case. The judge told him that if he didn’t do so, it was likely that he’d face another motion for summary judgment.
Now it might just be … that the defense then will re-file another motion for summary judgment on the remaining two counts, depending on what he gets.
—Kimberlin v. Walker, et al., 380966 V, 1 July, 2014, Transcript at 52.
The hearing on our motions is scheduled for 7 August. If things go well, that will be the end of the case. Otherwise, we will go to trial on 11 August.
Maryland courts seem to be prejudiced against granting summary judgments. The fact that five of seven claims were nuked should have been a warning to Kimberlin about how weak his case was. When he rested his case at the trial, Judge Johnson stopped the trial and granted a verdict in favor of the defendants because Kimberlin had failed to show any evidence (“not a scintilla”) to support his claims.
Almost a year before the trial, I warned Kimberlin that if he didn’t drop the suit before my lawyer had to make an appearance in the case, that he was in for the fight of his life. I adopted the saying Murum Aries Attigit as a motto.
Back in 2016, Brett Kimberlin tried to sue Mitch McConnell and Chuck Grassley to force the nomination of Merrick Garland to the Supreme Court through the Senate. The District Court dismissed the suit sua sponte (on its own motion) because Kimberlin lacked standing to bring thee case. The Dread Deadbeat Pro-Se Kimberlin appealed to the Fourth Circuit. Six years ago today, the TKPOTD contained a court paper Kimberlin filed as part of that appeal.
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I almost posted this one as an I’m Not Making This Up, You Know—
One of Kimberlin’s specious claims for standing in that case was that one of his lawfare cases might wind up being appealed to the Supreme Court and that he had a right for a full count of nine justices to hear his appeal. Neither the District Court nor the Court of Appeals agreed.
He now claims to have aa lawyer who is working on a petition for a writ of certiorari for the Seventh Circuit’s denial of an appeal related to the Speedway Bombing. While Merrick Garland didn’t make it to the Court, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett did, so if certiorari is granted, a full court will consider the case.
Ten years ago today, I’d been on the Kimberlin story for less than two months, but it was already complicated enough that I published this Cliff’s Notes Version of the saga.
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Patterico has an excellent summary of the saga thus far.
Many people have asked for a basic and relatively brief summary of the events surrounding Brett Kimberlin, Neal Rauhauser, and Ron Brynaert — who have gone after critics with over-the-top harassment. I provided the long version of the story, with much of the supporting evidence, here. This is the shorter version. If you have been struggling to understand this story, and you feel like you don’t have the time to follow it all, this is the post for you.
Even if you’ve been following the story all along, reading Mr. Frey’s summary will probably tie up some loose ends for you.
UPDATE–Stacy McCain has this summary of Brett Kimberlin’s background and how he lies about his past.
Lee Stranahan [dead link] calls our attention to Brad Friedman and explains how he fits into the saga.