Team Kimberlin Post of the Day

Neal Rauhauser’s proposal to use pro se litigation as an inexpensive way to inflict sufficient aggravation and financial hardship on individuals and organizations on the Right which would cause them to offer favorable settlements may have looked good in theory, but it had one significant bug. It turned out that most of the defendants sued by Team Kimberlin believed that their First Amendment rights were worth defending regardless of the cost. It also had another fatal problem: no one on Team Kimberlin is a competent pro se litigator. After a bit of experience with Team Kimberlin’s shenanigans, the courts lost patience and began enforcing the applicable rules of civil procedure. This post from seven years ago today dealt with Brett Kimberlin’s recurring cry “But, You Honor, I’m Pro Se.”

* * * * *

The Dread Pro-Se Kimberlin repeats that whine in every court appearance and in almost every written pleading. It’s beginning to look as if he’s worn out that excuse.

Judge Joan Ryon: “Don’t even use that with me.” Kimberlin v. Walker, et al.

Judge Roger Titus: “The Plaintiff is no stranger to the processes of this Court … he commenced numerous cases in this Court  …” Kimberlin v. Kimberlin Unmasked.

TDPK is running up against the principle that “[l]iberal construction does not mean that a court can ignore a clear failure in the pleading to allege facts that set forth a claim cognizable in a federal district court.” Solomon v. Dawson, Case No. 13-CV-01951, ECF No. 5. (D. Md. 2013). That ruling was by Judge Paul Grimm.

* * * * *

Judge Grimm was the judge initially assigned to the federal RICO Madness LOLsuit. He was replaced by Judge Hazel who did a reasonable job of keeping Kimberlin under control. Eventually, the District Court began assigning all of Kimberlin’s LOLsuits to Judge Hazel.

The same sort of thing happened in the state LOLsuits. The normal practice in Montgomery County is for pretrial hearings to be handled whichever judge is sitting on the day that the hearing is scheduled. Beginning with the RICO Remnant LOLsuit, all of Kimberlin’s cases were exclusively handled by Judge Mason. That meant when Kimberlin couldn’t keep his stories straight from hearing to hearing, the judge presiding was able to catch his inconsistencies.

Team Kimberlin Post of the Day

Team Kimberlin’s level of incompetence has been so high that they can’t get some of the most important lies in their narrative straight. The TKPOTD for four years ago today dealt with their lack of coordination on who to accuse of being Paul Krendler.

* * * * *

The Cabin Boy™ and The Dread Pro-Se Kimberlin need to get their stories straight. The Cabin Boy™ still clings to his belief that Patrick Grady is the anonymous blogger Paul Krendler. This is from his LOLsuit VII: Degenerations.

TDPK is still hanging on to the idea that I’m Paul Krendler. This is from the false Application for Statement of Charges that Tetyana Kimberlin filed against me in 2015. It’s in Brett Kimberlin’s handwriting.They can’t both be right, but they can both be wrong.

* * * * *

Falsus in uno, falsus in omnibus.

Team Kimberlin Post of the Day

I find some of the parallels between various copyright trolls to be interesting. The TKPOTD from seven years ago today explored one.

* * * * *

Yesterday, I noted a similarity between the Prenda Law case and the Virginia Walker v. Kimberlin, et al. case—that both Penda’s lawyers and The Dread Pirate Kimberlin had taken the Fifth during civil lawsuits. There’s another parallel between Prenda and TDPK.

Porn.

Prenda is a copyright troll going after individuals who have downloaded pornographic videos for which it claims to control the copyrights.

Brett Kimberlin dealt pornography to other inmates while he was in prison and was also involved in a porn related lawsuit. There’s a section (pp., 202, 203) in Mark Singer’s book Citizen K that describes TDPK’s attempted suing of his source for $150,000 in damages because the porn wasn’t sufficiently exciting.

* * * * *

That porn LOLsuit was the first of the four RICO lawsuit that the Dread Deadbeat Pro-Se Kimberlin lost.

Team Kimberlin Post of the Day

Brett Kimberlin thought that he could use discovery in his LOLsuits to dig up dirt on his perceived enemies. His plan backfired when the opposing parties used discovery to go after him. The TKPOTD for four years ago today dealt with one of the Kimberlins’ attempts to weasel out of discovery in order to avoid being caught in lies and forgery.

* * * * *

When Brett Kimberlin handed me his deficient answers to my requests for production of documents during his contempt hearing in the Hoge v. Kimberlin, et al. lawsuit on the 17th, he also delivered Tetyana Kimberlin’s answers to the interrogatories I propounded to her back in February. Her answers were also deficient, so I filed this motion last Monday.

The boilerplate statement about no comment till the court rules applies to this motion as well.

* * * * *

The signature on the motion to seal mentioned in Interrogatory 8 which is alleged to be Tetyana Kimberlin’s does not match her signatures on other documents she is known to have signed. The signature shows characteristics of being made by a left-handed person. Tetyana Kimberlin is right-handed. Brett Kimberlin is left-handed.

Team Kimberlin Post of the Day

Brett Kimberlin is no stranger to failure. The TKPOTD for six years ago today emphasized that point with respect to the first of his RICO LOLsuits against me.

* * * * *

Here is what Judge Hazel has had to say about The Dread Pro-Se Kimberlin’s RICO Madness—

Kimberlin failed to plead … Kimberlin has failed to adequately plead … Kimberlin has failed to state a claim … Kimberlin has failed to allege … Kimberlin has therefore failed to plead … Kimberlin has failed to adequately plead … he has failed … he has failed … He has failed to do so … the SAC fails to allege … Kimberlin has therefore failed … Kimberlin has failed … Kimberlin has therefore failed to plead … Kimberlin has failed … his SAC failed to identify … attempt would also fail … Kimberlin has therefore failed … Kimberlin failed … necessarily must fail … he has failed … Kimberlin has failed to adequately plead … claim would still fail … Kimberlin has failed … Kimberlin has failed … would still fail … Kimberlin has failed … Kimberlin has failed to allege … Kimberlin has therefore failed … has failed to state a claim … because he has “fail[ed] to plead facts” … must be dismissed as he has failed to plead facts … Kimberlin has failed … dismissal of § 1985(2) claim for failure to allege … his failure … Kimberlin has failed to state claims …

Plaintiff is mistaken.

Yep, that about covers it.

* * * * *

He failed at drug smuggling, and he failed at running an import/export business to/from Ukraine during his first parole. He has failed as a musician. He’s failed …

Team Kimberlin Post of the Day

Another reason for the failure of all of the Team Kimberlin LOLsuits has been their inability to frame a believable narrative and to tell it consistently. The TKPOTD for seven years ago today pointed out one of the inconsistencies in the RICO Madness LOLsuit.

* * * * *

One of the things I noticed about The Dread Pro-Se Kimberlin from watching him tell different versions of the same story during different court hearings is that he sometimes seems to have trouble remembering what he’s said before. Recently, he’s been having that sort of difficulty with keeping his stories consistent even in the same document. For example, consider these two clips from his proposed Second Amended Complaint in the Kimberlin v. The Universe, et al. RICO Madness.

This is from paragraph 83.ECF 100-1-83This is the beginning of paragraph 95.ECF 100-1-95So TDPK says that Erick Erickson joined the mythical RICO Enterprise twice.

Uh, huh.

* * * * *

It’s clear that Kimberlin’s ego caused him to get in over his head.

Team Kimberlin Post of the Day

The TKPOTD for six years ago today dealt with one of the weaker claims that Brett Kimberlin made to support his imaginary Team Themis conspiracy in the RICO 2: Electric Boogaloo LOLsuit.

* * * * *

This is from The Dread Pro-Se Kimberlin’s Kimberlin v. Team Themis, et al. RICO2 LOLsuit.R2 ECF 1-43Ya’ think?

* * * * *

Even if documents existed that related to such contracts, they would probably be classified and not subject to the Freedom of Information Act. Failure to provide classified information to someone incapable of holding a security clearance is not evidence of a conspiracy.

Kimberlin has clearly been frustrated that his fishing expeditions (FIOA, lawsuit discovery, buying foreign documents, etc.) have always failed to turn up dirt on his perceived enemies.

Losing losers gotta lose.

Team Kimberlin Post of the Day

One of the interesting things I’ve seen over the course of the legal wrangling with Team Kimberlin has been the change in Brett Kimberlin’s demeanor in court as the cases proceeded. I first mentioned that change in the TKPOTD that ran six years ago today.

* * * * *

The Dread Pro-Se Kimberlin has been trying to sell his false narrative about being assaulted by Aaron Walker in the Montgomery County Circuit Courthouse for over three years. The existence of security camera footage proving that Kimberlin is lying has made it impossible for the allegation to get any traction in court, but that doesn’t seem to keep him from trying. This is from his new Kimberlin v. Team Themis, et al. RICO2 LOLsuit.R2 ECF 1-58collateral estoppel t-shirtThe previous state and federal court rulings on the matter mean that he’s barred from making any further such claims by collateral estoppel (Gotcher Hogewash! Collateral Estoppel goodies here!), but TDPK keeps bringing it up. (Doing the same thing over and over expecting a different result is … )

BTW, the bit about being assaulted is not the only falsehood flat-out lie in that paragraph. The “medical records” that TDPK provided to me during discovery for the Kimberlin v. Walker, et al. nuisance lawsuit were not the same as the ones he used in court in 2012. At least one set was likely forged. Also, I’m not “Paul Krendler.”

I’ve watched Brett Kimberlin in courtrooms for almost three years. I’ve seen him change. As the courts have begun to take his measure and understand that he is untrustworthy, his confidence has dropped. Over the same period, the assertions he makes in his court filings are becoming wilder. I suspect that he understands that he is losing. Perhaps he sees himself as Leonidas making a last stand, but it may be that he’s more like Tom Powers.

We’ll see.

Stay tuned.

* * * * *

When Kimberlin’s lawfare campaign was just getting underway, he threatened to sue Patrick Frey with these words:

I have filed over a hundred lawsuits and another one will be no sweat for me.

Well, the last bunch certainly did make him sweat, and he lost them all. I doubt he’ll ever make that threat again.

Team Kimberlin Post of the Day

Ah, today’s another one of the nicer anniversaries connected to The Dread Deadbeat Pro-Se Kimberlin’s lawfare. This post In Re RICO Madness appeared five years ago today.

* * * * *

Judge Hazel has issued his order ending the RICO Madness.

The case is now Kimberlin v. Frey, and the judge is moving it along to the next phase.

Although I am no longer a part of the lawsuit, the Gentle Reader should expect that Hogewash! will continue to provide close coverage of the case.

* * * * *

RereadingJudge Hazel’s order and a related case document has allowed me to better understand the course of TDPK’s subsequent court cases.

Heh.

Team Kimberlin Post of the Day

Brett Kimberlin’s use of lawfare was part of a larger campaign to try to prevent the public from learning the true nature of this past and current activities. Other parts of the campaign included the use of cyberharassment targeting Kimberlin’s perceived enemies, and the use websites, principally Breitbart Unmasked, to spread lies about those perceived enemies. Six years ago, BU was in the middle of smear campaign aimed at me. This post, Breitbart Unmasked and Topsy Tweets, was about Matt Osborne’s use of forged tweets. It ran six years ago today. The Topsy website was a now-defunct search engine for Twitter.

* * * * *

Breitbart Unmasked has published an article with Matt Osborne’s byline that states that I committed perjury during the Kimberlin peace order hearing last Friday. The facts debunking that claim have been laid out here and here. There’s one more bit of information that the Gentle Reader should know.

On 29 August, 2013, Breitbart Unmasked published an article with a byline of “Xenophon” titled LEE STRANAHAN AND AARON WALKER SMEAR A TEENAGER’S FAMILY AND TRY TO SNUFF OUT HER CAREER. Osborne has admitted that he used that byline at BU during that period. That article contains the following block quote from Twitter:BU20130829Given that the “proof” of my alleged perjury was the “fact” that I has sent the “Brett Kimberlin uses news story …” tweet that Lee Stranahan actually sent and given that Osborne included the original proper version in his earlier BU article, it is reasonable to conclude that his erroneous reporting is the result of a reckless disregard for the truth.

I demand retraction of and apology for all false statements published by Breitbart Unmasked concerning me and any matters related to the Kimberlin peace order.

UPDATE—The 29 August, 2013, Breitbart Unmasked article has been taken down from the BU site, but it is available on the Wayback Machine. Additionally, the entire BU site has been routinely backed up offline, and I have the original html code for the post in hand.

* * * * *

Not only are they liars, they’re stupidly, clumsy liars.

Team Kimberlin Post of the Day

Team Kimberlin’s campaign attempting use lawfare in the form of defamation LOLsuits and bogus criminal charges as a means of silencing their critics blew up in their faces when almost all of the defendants vigorously stood up for our First Amendment free speech and free press rights. Eight years ago today, I wrote this post, Blog It Now, about why we bloggers were pushing back against being cancelled.

* * * * *

In an earlier post today I alluded to Edward R. Murrow’s 1954 See It Now broadcast about Senator Joseph McCarthy. Whether or not one agrees with Murrow’s conclusions, that broadcast is an excellent example of using someone’s own words as criticism against him. Given the various lawfare tactics used by Team Kimberlin over the past couple of years, I’d like to offer this paraphrase of Murrow’s closing words from that broadcast:

We will not be driven by fear if we dig deep in our history and our doctrine and remember that we are not descended from fearful men—not men who feared to write, to speak, to associate, and to defend their causes. This is no time for men who oppose Team Kimberlin’s methods to keep silent. We can deny our heritage and our history, but we cannot escape responsibility for the result. There is no way for a free citizen to abdicate his responsibility. As bloggers we have come into our full inheritance at a tender age. We proclaim ourselves defenders of free speech wherever it exists, but we cannot defend freedom for ourselves by deserting it for others.

The actions of the Cabin Boy from Team Kimberlin have caused alarm and dismay to some amongst our ranks and have given considerable comfort to the enemies of free speech. And whose fault is that? Not really his. He didn’t create a situation of fear; he has merely been used to exploit it. If we allow him to succeed, then Cassius was right. “The fault, dear Brutus, is not in our stars, but in ourselves.”

Good night and good luck. Stay tuned.

* * * * *

I’m beginning to believe that Kimberlin’s lawfare was a dry run for a proposed larger use of defamation lawsuits by the Left for the purpose of shutting down effective voices on the Right. The initial proposal for the lawsuits came from a minor-league Democrat operative named Neal Rauhauser. Rauhuaser, who appears to have connections to Democrats such as Anthony Weiner, was working with Kimberlin during the period when the first cases were filed. He theorized that the targeted defendants would be intimidated by the suits and would settle out of court. However, it turned out that while we were deplorable, we weren’t a bunch of Neanderthals, and we weren’t frightened and confused by the modern legal system. We fought back and won.

Lawsuits have been a favorite tool for the Left, but I believe Kimberlin’s rather spectacular failures have caused the Left to look for different means of stifling the Right’s free speech, and I note, for example, Twitter began seriously purging accounts of folks on the Right within days of Kimberlin’s first RICO LOLsuit being dismissed.

We won the skirmish with Team Kimberlin because we had the facts and the law on our side and because we were in a venue where the facts and the law mattered.

The battle over cancellation is now in a venue where neither the facts nor the law will matter. If we can’t move the contest to a more favorable venue, we will need to master the rules of the new battleground.

And soon.

Team Kimberlin Post of the Day

It was six years ago that Brett Kimberlin filed a peace order petition against me on behalf of Tetyana Kimberlin’s elder daughter. He created a series of lies in an attempt to show that I had engaged in online harassment against her, complete with forged tweets. During the week before the hearing on his petition, he tried to get me “convicted” online through a series of false and defamatory articles published at Breitbart Unmasked. The TKPOTD for six years ago today dealt with one of those Bu posts.

* * * * *

I see that Matt Osborne doubled down on his defamatory post over the weekend and tripled down on it yesterday.

I believe that he as made a very unwise choice.

* * * * *

Here’s that post from BU.

Osborne’s post speaks for itself, and convicts itself of lying.

Team Kimberlin Post of the Day

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

* * * * *

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

Truth really is stranger than fiction.

* * * * *

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

Team Kimberlin Post of the Day

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

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

* * * * *

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

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

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

* * * * *

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

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

Team Kimberlin Post of the Day

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

* * * * *

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

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

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

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

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

* * * * *

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

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

Team Kimberlin Post of the Day

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

* * * * *

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

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

Everything is proceeding as I have foreseen.

* * * * *

Karma is a bitch, and she has puppies.

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

Team Kimberlin Post of the Day

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

* * * * *

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

As the zombie says, this will be FUN!

* * * * *

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

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

Team Kimberlin Post of the Day

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

* * * * *

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

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

* * * * *

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

Team Kimberlin Post of the Day

Here’s the TKPOTD from six years ago today.

* * * * *

Murum aries attigit.

* * * * *

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

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

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

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

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

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

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

I’m not done with them yet.

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

Team Kimberlin Post of the Day

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

* * * * *

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

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

* * * * *

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

Team Kimberlin Post of the Day

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

* * * * *

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

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

* * * * *

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

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

 

Team Kimberlin Post of the Day

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

* * * * *

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

* * * * *

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

Team Kimberlin Post of the Day

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

* * * * *

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

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

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

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

They must be working overtime at Acme Law.

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

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

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

Team Kimberlin Post of the Day

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

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

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

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

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

Just so.

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

Team Kimberlin Post of the Day

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

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

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

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

#Losing_It

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