Team Kimberlin Post of the Day


Team Kimberlin’s lawfare campaigns were generally waged on two front, one associated with The Dread Deadbeat Pro-Se Kimberlin, the other with The Dreadful Pro-Se Bill Schmalfeldt. The TKPOTD from five years ago today was a summary of Schmalfeldt’s failures as of that date.

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The Dreadful Pro-Se Schmalfeldt has spent quite a bit of time explaining to his reader about how he was going to drag various out-of-state defendants into court, first in Maryland and now in Wisconsin. How’s that worked out for him?

Not so well.

He wasn’t able to drag Stacy McCain, Nancy Gilly, Paul Lemmen, Bettina Haper, Chris Heather, Kyle Kieran, Kimberly Dykes, Stephen Shekio, or Paul Krendler into Maryland for LOLsuit I. He couldn’t even get me, a Maryland resident, into court for that one because he threw in the towel after only two days.

I was able to get him into court and and an alternate dispute resolution meeting for LOLsuit II. That case settled with my giving him nothing of the $3,000,000 counterclaim he filed and his agreeing to take down his material that infringed my copyrights.

He didn’t get to drag Eric Johnson, Paul Krendler, or Howard Earl into Maryland for LOLsuit III after the case was dismissed because he filed it in the wrong court.

He didn’t get to drag the same three out-of-state defendants into Maryland for LOLsuit IV because he failed to establish personal jurisdiction over them. That resulted in the case being thrown out against me because he had brought it in the wrong court again.

He didn’t get to drag Patrick Grady, Scott Hinckley, David Edgren, Roy Schmalfeldt, “Grace,” “Ashterah,” or Howard Earl into Maryland with LOLsuit V. He ran away rather than press his case.

Now, he thinks he’s going to drag folks to Wisconsin for LOLsuit VI. I seriously doubt that Patrick Grady, Eric Johnson, Sarah Palmer, Dianna Deely, the William G. Irwin Charitable Foundation, Nancy Gilly, Techno Jinxx, MJ, Roy Schmalfeldt, Vigilant Vindex, Pablo, Neal. N. Bob, The Other Latin F*cker, Perry Mason, Howard Earl, A.B., Tao, Jane, Grace, Dr_Mike, Katie Scarlet, Rob Crawford, the 13th Duke of Wymborne, Kobyashi [sic] Maru, AJ Fornicarious Hoc, JeffM, Gus Bailey, or Colonel Victor Trollpoker will ever have to see the inside of a Wisconsin courtroom on the Cabin Boy’s™ terms.

popcorn4bkOTOH, the Cabin Boy’s™ presence has been required by Scott Hinckley in Massachusetts and Lynn Thomas in Illinois, and his failures to appear resulted in courts ruling against him. He’s making noises about going to North Carolina next week, but I wouldn’t bet on it. Cowardly cowards gotta cower.

Meanwhile, he has his pro se fantasies to indulge. It will be interesting to see how he reacts when [redacted].

Stay tuned.

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The Cabin Boy™ also filed LOLsuits VII and VIII.

In VII he was unable to drag a defendant from Illinois into an Illinois courtroom—although he did have to drag himself to a court imposed conference with a lawyer appointed by the court. After a quick review the lawyer filed to dismiss that case.

In LOLsuit VIII the Cabin Boy was unable to drag me and my out-of-state codefendant to South Carolina when that case was dismissed for improper venue.

All in all, a perfect record—he’s batting 0.000.

Team Kimberlin Post of the Day


Other than his host of failed LOLsuits, the single most ineffective aspect of Brett Kimberlin’s campaign of brass knuckles reputation management has probably been the Breitbart Unmasked Bunny Boy Unread website. The TKPOTD for seven years ago today dealt with one opportunity Matt Osborne’s inept story telling provided for some pointage, laughery, and mockification.

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Xenophon asks a silly and misleading question over at Breitbart Unmasked (No, I won’t link to it).BU20140114b

This is one of those “have you stopped beating your wife” questions. The defendants in the frivolous and vexatious Kimberlin v. Walker, et al. lawsuit won’t be abandoning any so-called “blog court” strategy because we have never employed one. What we have done is point out some of the false allegations in The Dread Pro-Se Kimberlin’s complaint and some of mind-bogglingly stupid procedural errors he has made. Here at Hogewash!, I’ve tried to do that with a bit of humor and a great deal of sarcasm. The one thing none of the defendants has done is to tip our hand to show what our actual defense strategy might be. We’ll let the court try the case—if it manages to get past the preliminary stages.

Oh, and to save Xenophon from having to ask, yes, I still beat my wife—at Trivial Pursuits. But she beats me at Scrabble.

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You know, Kimberlin never has found out what my defense strategies would have been, because none the LOLsuits he filed against got to the point where I had to put on a defense. Most of the first suit was dismissed on summary judgment, and the judge stopped the trail on the remainder when Kimberlin failed to present a case showing that I had made any false statement about him. All the rest of the suits were dismissed for failure to state a claim upon which relief could be granted.

He’s actually very, very lucky that I never had to make my case before a jury.

Team Kimberlin Post of the Day


Brett Kimberlin is a clumsy and incompetent liar as is demonstrated in the TKPOTD from four years ago today.

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The Kimberlins have asked Judge Hecker to sanction me because I informed someone on their list of witnesses that they might call him to testify. I’ve opposed their motion.

My opposition speaks for itself, so I don’t intend to make any further substantive comment on the matter until after the court has ruled on the Kimberlins’ motion.

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Of course, the court ruled in my favor and denied Kimberlin’s motion.

Team Kimberlin Post of the Day


Many of my favorite posts are titled Qapla’. This one is from four years ago today.

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The Fourth Circuit Court of Appeals has granted my motion for sanctions against Brett Kimberlin.

The Gentle Reader should note that the three-judge panel found that Kimberlin’s appeal was frivolous.

Everything is proceeding as I have foreseen.

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Heh.

Team Kimberlin Post of the Day


Brett Kimberlin is a perjurer. He was convicted of perjury before he turned 20, and he has continued to make false statements under oath. In January, 2013, I ran a series of post dealing with the lies he told in court during the the early days of his lawfare campaign. The post from eight years ago today was Dread Pirate #BrettKimberlin and Perjury 10.

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On 29 June, 2012, there was a hearing in Montgomery County District Court for a peace order petition that TDPK had filed against one John Norton. Brett Kimberlin was in his usual form. While I don’t have an official transcript of the hearing, Aaron Walker has transcribed portions from audio that he obtained from the court.

TDPK claimed that Mr. Norton had been lurking in the bushes in front of the Kimberlin residence. In the transcript below K is Brett Kimberlin and J is the judge. TDPK said that he was going to pick up his 8 year old daughter from a neighbor’s house—

K: And so I walked out of my door, to go pick her up, and I see a man lurking behind the bushes in the corner of my property and I was kind of taken aback by it. But I kept walking toward my car because I had to pick my daughter up.

J: Now was that in the general direction of where the man was in the bushes or in the opposite?

K: The man was facing the road, the— to the left of the— on the left side of my house there’s some bushes towards the road and my car was right in front of my house.

Lurking in the bushes? As I type this, I’m looking at the Google Street View image of the Kimberlin residence. Looking from the street, there’s a small shrub that appears to actually be on the property next door by the neighbor’s driveway. It’s “on the left” as seen from that point of view. There’s also a even smaller shrub at the opposite front corner of the Kimberlin lot. It appears to be about as tall as the fire hydrant in front of it. I’m not sure how one would lurk in those bushes.

K: And so I turn around, obviously I was concerned about my daughter. You know, I didn’t know if anything had happened to her, I was scared, so I turned around and I went to the neighbor’s house. She was right there in front of the house. I put her in the car and Mr. Norton is driving away, and so I—

J: Have you ever seen this man before?

K: Never seen him before in my life.

J: Every seen the car before?

K: Never seen the car before.

J: Alright.

K: So I followed the car, and went around the corner, and there was a stop light. I pull up behind him and he’s… again it’s a convertible, and he reaches around with a camera, again, and takes more pictures of me. I gave him the finger, I admit it, you know, I don’t like a guy coming out in front of my house taking pictures of me and my kid.

He’s concerned that this lurker might be dangerous, so he puts his daughter in the car and chases after the guy.

Uh, huh.

So what was Mr. Norton’s side of the story? In the transcript below N is John Norton and L is his lawyer.

L: Did there come a time when you ended up coming into contact with Mr. Kimberlin?

N: Not any physical contact, but he did chase me down in his car, the picture he showed, shows him behind me, flipping me off. I don’t know why he chose to chase me down. I was not on his property, I have stopped my car on [Kimberlin’s street name omitted].

L: What brings you on [Kimberlin’s street]?

N: It is a bail out route on my commute.

L: And where is your commute?

N: I commute between Bethesda, Maryland, and Fairfax, Virginia.

Chased him down?

L: And on June… what’s the date here? June 15, is it? June 15, you said, what brought your attention— what caused you to take out your phone and take a picture of the car behind you?

N: When I was on River Road, I saw what turned out to be Mr. Kimberlin’s car driving erratically, cutting in and out of lanes, trying to catch up to me, tailgating me. We reached the stoplight at River and Burdette, he pulled up… you can see how close in the picture, how close it was. He… he pulled out a pen and [unintelligible] furiously scribbingly as if he wanted me to know he was writing something down, he was revving the engine in his car, and for me, I thought, “some crazy person is chasing me down, I need some evidence, I need some protection.” So I picked up my phone and shot about seven seconds of video, from which the picture of him flipping me off was taken as a framegrab.

TDPK claimed that he was freaked out when Seth Allen reposted the picture of him flipping off Mr. Norton.

K: The picture of my car, that was posted on the internet by the client of the man that I had the peace order against. So I get kind of freaked out that, you know, this guy is somehow related to the guy who I had a peace order against, Mr. Walker.

Note that Mr. Allen could not have posted the photo before or during TDPK’s chase of Mr. Norton. In any case, Mr. Norton had no association with either Mr. Allen or Mr. Walker.

L: Now, are you associated with Aaron Walker, any [sic]?

N: I am not.

L: Okay. And, did you go to his house on June 15, to take pictures, get out of your car and take pictures?

N: I did not go to Mr. Kimberlin’s house. I did not get out of my car. I did not take pictures at his house.

L: Alright. And what caused you to post the picture of Mr. Kimberlin flipping you off on the internet?

N: Well, first of all, for protection to make sure that it was publicized, that someone had chased me down and was flipping me off. And also, honestly, I thought it was kind of funny.

We have two different stories. One is told by a reputable citizen with nothing more that traffic tickets on his record, and that story is corroborated, at least in part, by other evidence. The other is told by a convicted felon, one of who’s crimes is perjury, and that story is contradicted by other evidence. Who would you believe?

So we have the records of nine appearances before judges in Montgomery County, and each appearance has something hinky about TDPK’s testimony. Some of his tales are, perhaps, merely flakey. Some are clearly false, but the State’s Attorney has given TDPK a free pass.

John McCarthy has not yet answered the letter I sent him asking about his decisions to refrain from prosecuting Brett Kimberlin for perjury. Fine. I’m not one of his constituents. Maybe he will have to explain his decision in 2014 when he’s up for reelection.

UPDATE–Spelling error corrected. @&#$ing autocorrect.

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Lying liars gotta lie.

BTW, in 2016, a District Court Commission found probable cause to charge Kimberlin with perjury for statements made in the Walker v. Kimberlin, et al. lawsuit, but once again, the Montgomery County State’s Attorney’s Office dropped the charge.

Team Kimberlin Post of the Day


Brett Kimberlin is a liar. Telling lies is how he wound up being convicted of perjury before he turned 20. One would think that with so many decades of practice, he’d get better at it, but the lies he tells are easily seen through. The TKPOD for four years ago today dealt with such a lie, one he told in a filing in the Hoge v. Kimberlin, et al. lawsuit.

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One of the few interrogatories that The Dread Pro-Se Kimberlin has answered (but not completely) was my request for this list of witnesses for the Hoge v. Kimberlin, et al. lawsuit. One of his prospective witnesses is Judge Mason. Because I had information leading me to believe that Judge Mason was unaware that TDPK was proposing to call him as a witness, I sent the judge a letter informing him of the possibly that he might be called to testify.

TDPK has panicked as a result.

I don’t plan to have any substantive public comment on this motion other than court filings until after the court has ruled on it.

* * * * *

Here’s the TL/DR for the Gentle Readers who don’t want to wade through Kimberlin’s filing and the exhibits. Kimberlin claimed that I has asked Judge Mason “to take some kind of judicial action agains the Defendants,” i.e., Brett and Tetyana Kimberlin, but he made the mistake of attaching my letter to the judge. In the letter I state,

I know better than to think that this suggests any kind of cooperation between you and Mr. Kimberlin. I simply inform you so that you may determine for yourself what steps, if any, you need to take to address this.

I didn’t suggest that he take any action, judicial or otherwise, and my letter proves that Kimberlin’s claim was false.

BTW, that wasn’t the only lie Kimberlin told in the filing. He stated that Judge Mason had found me to be an incredible witness in the Walker v. Kimberlin, et al. case. Judge Mason made no such finding. He did, however, state in the record that because Kimberlin had lied during his testimony, he would allow Aaron Walker to present evidence that had be previously excluded from that case.

In any event, Kimberlin’s motion to sanction me was denied.

Team Kimberlin Post of the Day


Team Kimberlin’s failures are a prime example of the Dunning-Kruger Effect. Brett Kimberlin’s delusions of adequacy cause him to file court documents that don’t properly support his claims. Indeed, they often wind up providing support for his opponents. The TKPOTD from six years ago today dealt with one example of his shoddy writing.

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The Dread Pro-Se Kimberlin clearly needed some editorial help with his omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness.ECF 231-21#FixedItForYou

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Such a failure is all the more amazing given that he has a Genuine GS-13 Editor on his team.

Team Kimberlin Post of the Day


I was going through some of the court filings in the RICO 2: Electric Boogaloo LOLsuit while collecting information for a new project when I came across this—It was only a few days later that another court ruled in another suit that Kimberlin has failed to state a claim for defamation because his reputation was so bad that he was defamation proof.

Heh.

Team Kimberlin Post of the Day


The holidays are always a busy time, but some people often wind up with more on their schedule than they can comfortably manage. Consider the TKPOTD for seven years ago today.

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RICOMadnessAaron Walker points out that The Dread Pros-Se Kimberlin must not have been looking at a calendar when he filed various legal paperwork.

So to keep a tally, Brett has to respond to 1) a motion to dismiss the RICO suit by John Hoge, 2) a motion to require verified filings in the RICO suit by John Hoge, 3) a motion to dismiss the RICO suit by me, 4) a motion to require verified filings in the RICO suit by me, 5) a memorandum in support of Kimberlin Unmasked’s right to remain anonymous in state court, 6) a motion to dismiss the RICO suit by DB Capital Strategies, and 7) a motion to dismiss the RICO suit by the Franklin Center.  And he will have to work on all of it over Christmas—I mean, he doesn’t want to default on any of that, does he?

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The Hoge family had a lovely Christmas in 2013, and we’re looking forward to a quiet and peaceful holiday this year.

Team Kimberlin Post of the Day


Today is the fifth anniversary of LOLsuit VI:The Undiscovered Krendler—The Complaint.

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Here’s The Dreadful Pro-Se Schmalfeldt’s complaint—

I found this paragraph particularly amusing.ECF 1-41

UPDATE—It’s one thing to have FUN pointing and laughing at Cabin Boy’s™ stupidity. It’s something else to offer comments that educate him on how to amend his complaint. Please don’t educate the Blob. Otherwise, I will have to shut down comments on this post.

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When Brett Kimberlin filed the first RICO Madness LOLsuit, he screwed up the listing of defendants in the caption of the complaint, and there was quite a bit of curfuffle over a forged summons before The Dread Deadbeat Pro-Se Kimberlin was finally able to add the missing defendant. The Cabin Boy™ was headed down a similar path with LOLsuit VI. Paragraph 41 in the body of the complaint refers to me as a defendant, but I’m not listed in the caption, resulting in a bit of pointage, laughery, and mockification until the complaint was amended.

Team Kimberlin Post of the Day


Here in Westminster, our weather forecast includes a little snow today and a significant snow storm on Wednesday. That reminds me of this Long-Range Forecast from six years ago today.

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Periods of light snow today in Westminster.

To the south … Expect intermittent showers of paperwork in and around Bethesda with increasing frequency and significant accumulation of several inches over the next week. Blizzard conditions are possible.

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Heh.

Team Kimberlin Post of the Day


Team Kimberlin was always on the offensive. The TKPOTD from four years ago today was about one of my efforts to punch back.

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The Dread Pro-Se Kimberlin didn’t have a very good week last week, and he’s going to have a busy holiday season. For example, his opposition to this will be due on the day after Christmas.

He’s also likely to have another filing due on the 22nd. More about that later.

And he’s facing the effort and expense of producing 31 copies (15 for the court and 16 for the lawyers and pro se appellees) of his appeal brief and 26 copies (10 for the court and 16 for the lawyers and pro se appellees) of his record extract for the appeal to the Court of Special Appeals of the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit.

Everything is proceeding as I have foreseen.

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The Court would up grant the sanction.

There’s a joke in this about Kimberlin trying to punch above his weight, but it’s late as I type this, and I’d rather log off for the evening and get some sleep than try to figure out a clean version of it.

Team Kimberlin Post of the Day


It would be charitable to describe Brett Kimberlin’s court filings as sloppy. Few were even that good. Quite often, he would have multiple instances of two (or more) paragraphs with the same number in a document, and it wasn’t unusual to have to refer to “the second paragraph numbered so-and-so” in an opposition filing. Most courts let him get away with it, but the Maryland Court of Special Appeals finally had had enough when they saw Kimberlin’s briefing for his appeal of the RICO Retread LOLsuit. Here’s the TKPOTD from four years ago today.

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Well, I can finally share that news. The Court of Special Appeals has ordered The Dread Pro-Se Kimberlin to redo his paperwork in his appeal of the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit so that it complies with their rules.

Everything is proceeding as I have foreseen.

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Producing all those bound copies isn’t cheap. (BTW, thank you again to everyone who hit the Tip Jar to help me with those sorts of costs during the Kimberlin-related litigation!) However, the corrected set of briefs didn’t do him any good. Kimberlin lost the appeal.

Team Kimberlin Post of the Day


Today is the 79th anniversary of the attack on Pearl Harbor. It’s also the anniversary of a significant victory for the good guys. Four years ago today, Brett Kimberlin struck out at the Fourth Circuit Court of Appeals. These three posts are titled Brett Kimberlin Fails Again, Strike Two!, and Strike Three!.

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The Fourth Circuit Court of Appeals has denied The Dread Pro-Se Kimberlin’s petition for a writ of mandamus in the Kimberlin v. Frey RICO Remnant LOLsuit. TDPK was seeking to have the Fourth Circuit order Judge Hazel to allow Kimberlin to use confidential discovery material from the Frey case in other LOLsuits.

Everything is proceeding as I have foreseen.

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The Dread Pro-Se Kimberlin is not having a good day at the Fourth Circuit Court of Appeals. That court has upheld Judge Hazel’s sua sponte dismissal of the Kimberlin v. McConnell, et al. LOLsuit. That’s the suit TDPK filed seeking to have the judiciary intervene in the Senate’s handling of the Merrick Garland nomination to the Supreme Court.

Everything is proceeding as I have foreseen.

* * * * *

And the Fourth Circuit has affirmed Judge Hazel’s dismissal of the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit.

I love it when a plan comes together.

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It must be hard for someone who so desperately wanted to be seen as a player to realize that his whole life has been spent as an NPC.

Team Kimberlin Post of the Day


This Prevarication Du Jour from seven years ago to deals with one of more lame attempts by Brett Kimberlin’s PR flacks to favorably spin as story.

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So Bill Schmalfeldt is spreading a tale about “the feds” going to visit The Dread Pirate Kimberlin to pick up a copy of his RICO suit …DBR201312060236What a waste of time! “The feds” could have simply downloaded a copy from PACER.pacer13-cv-03059_20131205BTW, the Amended Complaint that TDPK filed with the court is not the same as the one he served on me. Maybe “the feds” were doing a version check.

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Oh, the FBI has visited Brett Kimberlin. That’s for sure. But I believe I can safely state the visits were not exactly as Bill Schmalfeldt suggested.

Team Kimberlin Post of the Day


The TKPOTD for six years ago today dealt with several of the bogus claims Brett Kimberlin made against this blog in his RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin has alleged that the purposes of the reporting about his activities by the defendants in his Kimberlin v. The Universe, et al. has been to engage in money laundering and increase the value of our websites.ECF 135-200As to the money laundering allegation—he has never produced a single bit of evidence that any of the defendants have engaged in any illegal activities that would generate funds that require laundering. With no dirty money there is nothing to be laundered. Thus, he hasn’t properly alleged that activity.

As to building the value of our websites—Well, sure, folks like Stacy McCain who make their livings by blogging gear their coverage to generate readers who will hit their tip jars. (Stacy’s is here.) While this blog tries to make money (here’s my Tip Jar), it isn’t how I really earn my living. Selling engineering advice to outfits like NASA is much more lucrative. HSRWT

I think Brett is simply frustrated and jealous that his sites are unsuccessful even after a decade of full-time Internet presence. Hogwash! has vastly more traffic. If this blog is a bush league operation, Kimberlin’s sites are T-ball. Here’s the relative rankings per Alexa.alexa_rankingsBrett Kimberlin is a jealous loser.

timer-blackMeanwhile, the timer is ticking down. His omnibus opposition to all of those motions to dismiss the RICO Madness is due by close of business next Monday. Can he stitch together something from the “facts” he’s alleged that will support at least one of his claims? What cockamamie legal theories will he advance to try to save his case? I suppose we’ll know the answers in a few days.

Stay tuned.

* * * * *

BTW, if spinning false narratives were a reliable way to increase the value of a media property, why hasn’t The Dread Deadbeat Publisher Kimberlin made a fortune off of breitbartunmasked dot com, and why is AT&T trying to sell CNN?

Team Kimberlin Post of the Day


The TKPOTD from six years ago today debunks one of Brett Kimberlin’s more outlandish lies from this RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin finds it incredible that a group of bloggers would nominate someone for an award for coverage of TDPK’s attacks on bloggers and their First Amendment freedoms. This is from the second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness.ECF 135-128That defendant would be me.

popcorn4bkI didn’t win. Stacy McCain won for his coverage of the Free Kate brouhaha. Now that I think about it, I wonder if TDPK is jealous because the coverage about him lost out to a story about the statutory rape of a 14-year old girl?

Hmmmmm.

UPDATE—The allegation that I have attacked Kimberlin’s family has no basis in fact, nor has TDPK ever produced any evidence of such an attack. To the contrary, a close reading of this blog will show that I have been supportive of his wife and have made an effort to keep her children and his mother and siblings out of the story as best I can.

* * * * *

All I will say about Team Kimberlin’s attacks on my family is that many of them were so disgusting that I’ve never soiled this blog by writing about them.

Team Kimberlin Post of the Day


Back in 2016, Brett Kimberlin testified under oath that he was working with the Department of Justice on protecting the November elections from foreign hackers. It appears that he was so confident that the election had been fully protected that he felt safe in filing his RICO 3 LOLsuit at the end of October. I became aware of the suit about a month after it had been filed—and after The Dread Deadbeat Protector Kimberlin and his colleagues had failed in their election protection scheme. This was the TKPOTD for four years ago today.

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Here’s the motion to seal that The Dread Pro-Se Kimberlin filed in his LOLsuit against Breitbart, et al.

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Nothing proceeded as TDPK had foreseen.

Team Kimberlin Post of the Day


Day by day, people sue or are sued, sometimes justly, sometimes not. In the case of each of the LOLsuit filed by Team Kimberlin, justice prevailed when the law was enforced and the their cases went down in flames. Seven years ago today, fairly early in the whole process, I tried to warn them that they were doomed, but they refused to pay attention to the Civics Lesson.

* * * * *

We have three branches of government in the State of Maryland. The Legislative Branch makes the laws. The Executive Branch carries out the laws. The Judicial Branch decides cases and interprets the laws.

The Attorney General is part of the Executive Branch. He offers advice to the Legislature and to the various departments of the Executive Branch, and he represents the State before the Court of Special Appeal, the Court of Appeals, and the federal courts. He does not decide the meaning of laws.

The Judicial Branch does that.

So the Legislature may have an opinion about what they intended a law to do, and the Attorney General may offer his opinion as well, but the courts have the final say about the meaning of laws.

There is a pecking order among the courts. Here in Maryland, the District Courts are on the bottom rung. The next step up is the Circuit Courts. These are the courts that are the usual triers of fact. The Court of Special Appeals is the first level appellate court in the state. The Court of Appeals is the higher appellate court. It’s word is final on state law. The only court above it is the Supreme Court of the United States and only for federal issues.

So how do the U. S. District Court for the District of Maryland and the U. S. Circuit Court of Appeals for the Fourth Circuit fit in? They are in a parallel judicial system. Of course, their rulings are binding on any state court with respect to federal issues, but federal issues only. Thus, how the U. S. District Court ruled on a federal law might provide guidance to a state court on a related issue, but the ruling would not be binding per se with respect to a case relating only to state law.

So relying on a legislative memo or report or on an Attorney General’s opinion at odds with a Circuit Court’s ruling that the Court of Appeals has refused to review is, shall we say, risky. Relying on federal court decision which the Circuit Court has ruled inapplicable when the Court of Appeals has refused to review the Circuit Courts ruling is similarly unwise.

Here endeth the lesson.

* * * * *

Every one of Brett Kimberlin’s brass knuckles reputation management LOLsuits failed. Every claim he made was either dismissed, thrown out at summary judgment, or a judge found against him at trial. He lost every appeal. He’s pro se legal machinations became the stuff of jokes. This is from six years ago yesterday at Instapundt

Heh.

The Dreadful Pro-Se Schmalfeldt did no better.

Team Kimberlin Post of the Day


Well, I think at least one reason has become obvious as to why Kimberlin avoided posting anything like this in 2020.

Of course, The Dread Deadbeat Protector Kimberlin hasn’t been the only member of Team Kimberlin to offer a bogus reward. This post, Reward Claimed!, is from five years ago today.

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wms201511060015Zwms201511060017ZI hereby claim half the reward. The other half should go to Brett Kimberlin for outing me in his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit complaint.ECF 1-58

I should get my share for verifying my address and phone number. They are are 20 Ridge Road, Westminster, Maryland  21157, and (410) 596-2854. Since I don’t have a SEEKRIT SITE, I cannot provide a non-existent password.

Failure to pay the reward forthwith will be considered proof by the Cabin Boy™ that The Dread Pro-Se Kimberlin is lying in his complaint.

UPDATE—rsmccain201500060103Z

UPDATE 2—The Cabin Boy™ has verified in a comment below that he won’t honor his reward offer. Furthermore, under the conditions outlined above, he appears to confirm that Brett Kimberlin lied in his RICO 2 complaint.

UPDATE 3—Perhaps the Gentle Reader is wondering why the Cabin Boy™ offered the reward. One might guess that he feels flush with insurance cash, but I don’t think that’s the reason. I think he’s taken a page out of the Team Kimberlin playbook of offering a reward with no intention of paying. I’ll bet he believes that the “reward” gives him a basis for saying that some anonymous person ratted out [insert harassment target’s name here] as Krendler and that it provides cover for his next faildox.

* * * * *

Both Kimberlin and the Cabin Boy™ are deadbeats.

Team Kimberlin Post of the Day


One of the claims that Brett Kimberlin made against my codefendants and me in the Kimberlin v. Walker, et al. nuisance LOLsuit was that we had defamed him by calling him a pedophile. All of the defendants had expressed a belief that Kimberlin is a pedophile or stated that there was evidence for that to be a reasonable opinion. We based our opinions in part on a sworn criminal complaint filed by Kimberlin’s wife. During the Kimberlin v. Walker trial, Judge Johnson pointed out to Kimberlin that the witness he needed to show that our statements were false was his wife, but he didn’t bring her to court.

The TKPOTD from four years ago today explains why he kept her off the witness stand in 2014—something he wasn’t able to do in 2016.

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The following question was asked and answered during the Walker v. Kimberlin, et al. trial after an extended discussion at the bench. Judge Mason allowed it over Brett Kimberlin’s objection because it could show that Aaron Walker had a reasonable basis for writing what he had written.

MR. WALKER: The question was: You first had sex with your husband before you turned fifteen. Correct?

MRS. KIMBERLIN: Yes.

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When faced with the possibility of a perjury charge if she contradicted her previous sworn statement, Tetyana Kimberlin told the truth.

Team Kimberlin Post of the Day


The TKPOTD from five years ago today examined one of the claims Brett Kimberlin made in his second federal RICO LOLsuit against me.

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Here’s an interesting bit of information from The Dread Pro-Se Kimberlin’s opposition to the motions to dismiss his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.ECF 74-p21A loss in his earnings? Hmmmmm. That loss must have been relatively recent. The IRS Form 990s for Justice Through Music show him making $19,500 a year in 2010, 2011, 2012, and 2013. (2014’s form doesn’t appear to have been filed yet.) Of course, TDPK’s claim about lost earnings will be easily checked if the suit gets into discovery.

Stay tuned.

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Indeed, Kimberlin was lying. The Justice Through Music Project Form 990s through 2018 all show his compensation as $19,500 per year.

They also show an interesting trend in the not-for-profit’s income.

2013 $380,287
2014 $595,230
2015 $373,508
2016 $618,790
2017 $394,740
2018 $561,794

Of course, it could be purely coincidental that JTMP’s income spiked upward during election years. After all, as a 501(c)(3) entity, it isn’t supposed to engage in partisan political activity, and Kimberlin created the now defunct Velvet Revolution US as a 501(c)(4) which could engage in political advocacy.

Meanwhile, all to the Kimberlin-related websites, including jtmp dot org as of the time this post is being drafted, hosted in the U. S. have gone dark.

Team Kimberlin Post of the Day


I probably should have titled this post Brett Kimberlin and the Case of the Missing Websites. Seven years ago today, I had a couple of posts about Kimberlin-related websites. The TKPOTD was about a site that had disappeared.

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The Gentle Readers who have been following The Saga of The Dread Pirate Kimberlin lo these many months may remember posts about a website called globalpharma dot biz. This was a site for a company that appeared to have a physical presence in Arizona but whose website was hosted in Holland on the same server as the Kimberlin-related off-shore sites. It’s name server was unmaskedhosting dot com, a domain apparently owned or controlled by Brett Kimberlin. globalpharma dot biz offered to sell me Schedule IV prescription drugs for sale with no prescriptions required.

When I checked yesterday afternoon, the website was missing.globalpharma_miaA bit of digging turned up this interesting information about the domain’s name server history.globalphama_nsChange of ownership?

Hmmmmm.

UPDATE—Here’s a couple of interesting thoughts that popped up while reviewing The Dread Pirate Kimberlin’s RICO suit against me. Neither it nor the state lawsuit he has filed mention any of my writing about globalpharma dot biz.

Also, there’s an interesting coincidence in the timing of globalpharma dot biz going dark. It happened around the time the RICO suit was being drafted and filed. I wonder if a review of 18 USC 1961 had anything to do with the site going down?

As used in this chapter—

(1) “racketeering activity” means (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year; … (D) any offense involving fraud connected with a case under title 11 (except a case under section 157 of this title), fraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), punishable under any law of the United States …

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The second post, It’s Not Exactly Fraud … , was about a money raising site.

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… but it looks kinda shady. The Dread Pirate Kimberlin’s “charity” Justice Through Music Project runs a website called pussyriotdefensefund dot org. Just looking at the name, it would not be unreasonable for someone to assume that the site was involved in raising funds to help with the legal defense for members of the Russian rock band that have been prosecuted.

Here’s the top of the site’s home page. (Click on the image to embiggen it.)pussyriotdefensefund_orgZooming in on the text show this:pussyriot_zoomSee, Gentle Reader, the site’s not really a fraud because it comes right out and tells you that the donations go to JTMP.

BTW, TDPK has filed a federal RICO accusing me of mail fraud and wire fraud because I asked you to donate to funds supporting other bloggers and because I am now one of the beneficiaries of a fund to defend against a frivolous and vexatious lawsuit from Kimberlin. If you believe that the BomberSuesBloggers fund is a scam, please don’t contribute. If you think that blogs such as Hogewash! should be able to publish about potential scams, even if they might be run by Brett Kimberlin, then please go over to the BomberSuesBloggers  [Dead link. We took the site down after we won the LOLsuit.] site and find out how you can help.

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Kimberlin eventually pulled the plug on pussyriotdefensefund dot org. Perhaps it wasn’t generating enough cash flow to bother paying for its hosting. Or Kimberlin may have let lapse through inattention.

Whatever.

Meanwhile, the Justice Through Music Project website was still missing in action as of 9:30 pm ET, Saturday.

Team Kimberlin Post of the Day


Alinsky’s Rule 5 says, “Ridicule is man’s most potent weapon,” and pointage, laughery, and mockification has always been a part of this blog’s pushback against Team Kimberlin. One of the recurring themes has been to suggest that the Gentle Reader have a good supply of popcorn (or other entertainment treats) on hand while watching The Dread Deadbeat Pro-Se Kimberlin flail away at his lawfare. That theme became enough of an annoyance to Kimberlin that he complained about it in various court filings. Eight years ago today, Hogewash! ran this post, Dread Pirate #BrettKimberlin and Four Food Groups.

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For the Gentle Readers of Hogewash!:

For The Dread Pirate Kimberlin:

Bon appétit!

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Mmmmmm. Popcorn.

Team Kimberlin Post of the Day


One of the defining characteristics of Team Kimberlin has been their mouths writing checks that their asses couldn’t cash. This Bonus Prevarication Du Jour from seven years ago today offers an example.

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@Mjanovic201310120129ZYes, my counsel of record in the Kimberlin v. Walker, et al. lawsuit is pro bono. So are all the members of the team of lawyers from around the country backing him up. (The Popehat Signal is a marvelous thing. Thanks, Ken.) They are lawyers from across the political spectrum with a dedication to the First Amendment who see it as a civic and professional duty to defend it against such egregious attacks as Kimberlin’s.

Half-assed? I don’t think so, but a one-percent-assed effort by the assembled team would probably be sufficient to overcome Kimberlin’s pitiful suit.

Definitely lose? Badly? Well, we will see who winds up owing whom. Even a dismissal could leave Brett Kimberlin responsible for costs and my expenses and legal fees. Legal fees? Yes, legal fees. My lawyer is pro bono for me but not for Kimberlin. Legal fees.

AFTERWORD—Bill Schmalfeldt seems to think that there is some significance to the fact that my lawyer is not a member of the Maryland State Bar Association, a voluntary organization. Membership in that organization should not be confused with being admitted to practice law in Maryland. I wonder if the Cabin Boy is aware that the two Maryland lawyers who are on the board of Velvet Revolution US, Jeffery R. Cohen and Kevin Zeese, also chose not to belong to the Maryland State Bar Association? The Cabin Boy has also noticed that my lawyer is also a CPA. Trust me, Gentle Reader; that’s going to be a plus.

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Speaking of uncashed, or more accurately, unwritten, checks, The Dread Deadbeat Pro-Se Kimberlin still owes the sanctions and court costs taxed against him in several of his LOLsuits.