Team Kimberlin Post of the Day


A year ago today, I ran a post called Why I Blog that discussed how I came to write about Brett Kimberlin and his supporters and enablers.

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Because I want to.

More specifically, I took up blogging as a hobby when I was in my mid 60s and approaching retirement. I thought it would be an interesting way to use some of the time that would not be taken up by a day job. I decided to write about stuff that interested me, and if some folks wanted to read it, then the blog would pick up followers. I didn’t expect to monetize the blog.

One of the things that interests me is the First Amendment issues, and writing about one incident wound up changing the nature of Hogewash!. That incident was the patently unconstitutional gag order that Brett Kimberlin received against Aaron Walker. It was a local story, so I covered it. And kept covering The Dread Deadbeat (Pirate) (Performer) (Pedo) Pro-Se Kimberlin as he waged lawfare against various bloggers and mainline media people and organizations who wrote about him. That, in turn, made me a target of Kimberlin and his fanboys, especially Bill Schmalfeldt, and their targeting of me made me part of the story I was covering.

Things haven’t worked out as I expected when I stated Hogewash! in 2011. For the past five years, the bulk of the blog has dealt with Team Kimberlin. That coverage has caused multiple lawsuits, false criminal charges, and a bogus peace order petition to be filed against me, and I’ve monetized the blog to help defray the legal expenses incurred. (BTW, thank you to those who have supported that effort.) While that lawfare is mostly over and settled in my favor, there’s still some to go. Eventually, TDPK and his band of cyberthug wannabes will have lost their final bit of lawfare and will have poisoned their own online reputations via a version of the Streisand Effect on steroids that should be renamed for Brett Kimberlin. Then, I’ll be able to get back to spending more time on other things that interest me.

Oh, two more things …First, it looks as if enough Reality has sunk into the vacuum between the Cabin Boy’s™ ears that he is starting to understand that is more likely that LOLsuit VIII will be dismissed than survive.

Second, the only online use anyone has for Bill Schmalfelt now is as an object of pointage, laughery, and mockification. I will continue to write about him to the extent I find it useful as coverage of Team Kimberlin winds down, but there are now blogs that specialize in keeping track of him, and they are welcome to him.

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My post elicited a tweet from the Cabin Boy™ that deserved a round of pointage, laughery, and mockification of his Genuine GS-13 Editing.

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Let’s zoom in a bit—Heh.

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Heh, indeed.

Team Kimberlin Post of the Day


Throughout The Saga of Team Kimberlin, one common thread has been pointage, laughery, and mockification of The Dread Deadbeat Pro-Se Kimberlin’s inept lawfare and his “reporters” (at sites such as Breitbart Unmasked Bunny Billy Boy Unread) ludicrous attempts to put a positive spin on those failed LOLsuits. Take the TKPOTD from three years ago as an example—

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Here’s another post that has been memory-holed over at Bretibart Unmasked Bunny Boy UnreadBU20121206wingnutsThe post celebrates the dismissal of the Walker v. Kimberlin, et al. suit filed in Virginia against The Dread Pro-Se Kimberlin. Indeed, Kimberlin did win a couple of suits filed against him in 2012, but he lost everything he filed against anyone in 2012, and he’s lost everything else he’s filed that has been decided since then.

Kimberlin v. Walker (I) peace order petition—Denied

Kimberlin v. Walker (II) peace order petition—Denied

Kimberlin v. Norton peace order petition—Denied

Kimberlin v, Walker, et al. nuisance LOLsuit—Summary Judgment and Directed Verdict for Defendants Walker, McCain, Ali, and Hoge

Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit—Dismissed against Defendants National Bloggers Club, Ali, McCain, Walker, Malkin, Twitchy, Erickson, RedState, Beck, Mercury Radio Arts, The Blaze, Nagy, Stranahan, Backer, DB Capitol Service, Breitbart, Ace of Spades, and Hoge and Partially Dismissed against Defendant Frey. Appeal to the Fourth Circuit—Denied

Kimberlin v. Hoge peace order petition—Denied

Kimberlin v. Home Depot—Dismissed

Kimberlin v. National Bloggers Club (II) RICO Retread LOLsuit—Dismissed against Defendants Breitbart, Malkin, Twitchy, Beck, Mercury Radio Arts, and The Blaze

Also, all the criminal charges that TDPK has tried for file against either Aaron Walker or me have been thrown out.

wingnutIt’s seems that we wingnuts who have been predicting the failure of Brett Kimberlin’s lawfare have a pretty good track record. Since 2012, he’s batting 0.000, and we’re batting 1.000. TDPK may get a few hits before the game gets called, but he’s still going to lose more that he wins going forward.

If I weren’t one of the targets of his lawfare, I might find this more amusing.

Stay tuned.

UPDATE—The scrapbook of more recent events would include this:

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All of the LOLsuit Kimberlin filed since that post was written have failed as well, as have The Dreadful Pro-Se Schmalfeldt’s LOLsuits I through VIII and his peace order petition against Patrick Grady.

Losing losers gotta lose.

Team Kimberlin Post of the Day


Perhaps one of the reasons that The Dread Deadbeat Pro-Se Kimberlin has been slacking off on his promise of lawsuits “for the rest of their lives” against the original defendants in the Kimberlin v. Walker, et al. nuisance LOLsuit is that he’s figured out that he can’t beat us. After he made the mistake of calling Stacy McCain as witness in the first LOLsuit (never try to outcrazy Stacy McCain), he dropped Stacy from the cases filed after August, 2014. After he lost both the federal and state Kimberlin v. National Bloggers Club, et al. RICO Madness and RICO Retread LOLsuits, he dropped Ali Alexander and Aaron Walker from further cases. Finally, after losing the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit, he dropped me from the follow-on RICO 2 Retread state case.

The RICO 2 Retread LOLsuit sputtered, and by this time a couple of years ago, it was on its last leg as was reported in the TKPOTD from two years ago today.

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The Dread Pro-Se Kimberlin has filed a motion seeking a postponement of the motions hearing scheduled for 15 November in the Kimberlin v. Hunton & Williams LLP, et al. (II) RICO 2 Retread LOLsuit. That’s the state version of the Team Themis LOLsuit filed in the Circuit Court for Montgomery County. The only remaining defendants are Bill Nickless, Battelle (the not-for-profit that runs Pacific Northwest National Labs for the Department of Energy), and some John Does. Judge Mason hasn’t granted his motion yet, so it looks as if the remaining motions to dismiss will be heard next week, and another of TDPK’s LOLsuits should bite the dust.

We’ll see.

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We didn’t have to wait long. Not long thereafter, the case docket showed that Kimberlin had voluntarily dismissed the LOLsuit against those defendants. And then he failed to follow through with an appeal.

Maybe he was lying when he promised lawsuits “for the rest of their lives.” He is a convicted perjurer, you know.

Team Kimberlin Post of the Day


One of the ways that Team Kimberlin’s lawfare has backfired has related to restraining orders. The trigger for Everyone Blog About Brett Kimberlin Day, the event that focused attention on Kimberlin, was the unconstitutional peace order (that’s what they’re called in Maryland) he had issued against Aaron Walker in 2012. That order was overturned on appeal, and The Dread Deadbeat Pro-Se Kimberlin hasn’t had a successful peace order petition since then.

OTOH, Bill Schmalfeldt has collected a dozen or so restraining orders in multiple states since 2013. I was the first person to be able to hold him accountable for his harassment. Of course, he appealed that first peace order, and of course, it was upheld on appeal. And it was extended because of his failure to comply. This post, #BillSchmalfeldt, Ace Legal Scholar, from five years ago today dealt with one of the bogus legal theories the Cabin Boy™ thought would save him from that peace order.

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WMSBroad201311091607ZU.S. v. Sullivan? I wonder which of the U.S. v. Sullivan cases the Cabin Boy thinks is applicable to his situation.

In U.S. v. Sullivan, 274 U.S. 259 (1927), the Supreme Court ruled that profits from the sale of illegal liquor were subject to income tax.

U.S. v. Sullivan, 332 U.S. 689 (68 S.Ct. 331, 92 L.Ed. 297), deals with provisions of Federal Food, Drug, and Cosmetic Act of 1938.

I wonder if he’s going try to base his defense on being drunk or on drugs?

AFTERWORD—If the Cabin Boy meant New York Times Co. v. Sullivan, 376 U.S. 254 (1964), that deals with defamation, not harassment or failure to comply with a peace order. The appropriate Supreme Court case dealing with obeying court orders is most likely Walker v. City of Birmingham, 388 U.S. 307 (1967).

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Ignorance will respond to education, but stupid is as stupid does.

Team Kimberlin Post of the Day


I first published this bit of Brett Kimberlin’s testimony under oath during the Walker v. Kimberlin, et al. trial in the TKPOTD two years ago today.

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This was part of Aaron Walker’s cross examination of The Dread Pro-Se Kimberlin during the Walker v. Kimberlin, et al. trial.

MR. WALKER: Now, remind me, if you will, what you do for your charities.
MR. KIMBERLIN: I run a non-profit Justice Through Music, and we work with, ah, famous bands and artist to get young people involved with civic participation. We, ah, we also work with, ah, dissidents around the workd to get them, um, their message out to the general public. We work with, um, a lot of voting registration groups. We, um, registered literally hundreds of thousands of young people to vote over the years. Um, we have been very much involved, um, with making sure that voting machines are, are not hackable and that their, um, they provide and accurate reading. We were very involved with making sure that, ah, Maryland, ah, got away from the electronic voting machines and changed over to the paper ballots, ah, that I believe they used this year for the first time in, um, Maryland. And, um, we have, ah, we have a lot of [unintelligible] campaigns. For example, we had a campaign called “Iran“, um, “Iran Now”, um, during the Green Revolutionin, in Iran. Ah, We’re doing a lot of, of, because my wife’s from Ukraine, we’re doing a lot of, ah, work with Ukraine. Right now, I’m working with, ah, Congressmembers, um, on legislation to protect the vote. I’m working with the Department of Justice right now to, ah, to protect, ah, this coming election. There’s a lot of information about hacking by Russian, and our team that works for me are, are specialists in hacking and, ah, electronic cyberhacking and things like that. So we are probably one of the foremost groups in, in the country on that.

Hmmmm.

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Now, the Gentle Reader may want to take The Dread Deadbeat Pro-Se Kimberlin’s claims about working with the DoJ with a grain of salt. He’s been know to lie. OTOH, he offered that testimony in October, 2016, just before he filed his Kimberlin v. Breitbart, et al. RICO 3 LOLsuit and just before the election he probably expected Hillary Clinton to win.

What would be the significance of Brett Kimberlin’s telling the truth about working with the DoJ to “protect” the 2016 elections?

Team Kimberlin Post of the Day


Yesterday’s TKPOTD recycled some pointage, laughery, and mockiification aimed at The Dread Deadbeat Pro-Se Kimberlin’s opening brief for his losing appeal of the Kimberlin v. Frey RICO Remnant LOLsuit. Today, we’ll continue in that vein by recycling the next TKPOTD in that series from a year ago.

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Here’s another round of pointage, laughery, and mockification for The Dread Deadbeat Pro-Se Kimberlin’s informal opening brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit.

TDPK makes the silly assertion that he has a First Amendment right to file his motion for summary judgment and the accompanying exhibits in the District Court publicly even though it contained sealed material. He writes—

Appellant had a right under the First Amendment to file his Motion for Summary Judgment publicly. However, the lower court ordered the parties to file them [sic] under seal and maintained that seal even after its decision was rendered. This constituted a grave constitutional error that prejudiced Appellant by having his case litigated in secret, away from scrutiny by the press and the public.

Also—

The First Amendment provides an affirmative right of public access to virtually all judicial proceedings involved in civil proceedings.

(And also proceedings proceeding in the Department of Redundancy Department.)

The Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, and the Local Rules of the Court of Appeals for the Fourth Circuit all provide for the use of sealed materials in a civil court proceeding. In fact, some things, such as the full names of minor children must be sealed. Patrick Frey’s lawyers were able to convince Judge Hazel to issue a protective order sealing discovery in the case, and TDPK is bound by that sealing order.

The First Amendment right of access to the court records resides with the public, you folks who are not parties or otherwise connected to the case. (I’m covered by the protective order because Kimberlin tried to get me sanctioned during discover for failing to give him documents I did not have. Because I was served with sealed documents that I did not provide as part of TDPK’s motion against me, I am now covered by the protective order.)

If Breitbart Unmasked wants access to the sealed portion of the record, that “news” organization can hire a lawyer and file a motion to unseal. If an enterprising “journalist” like Matt Osborne wants a peek, he can file a motion; as an individual, he file pro se and avoid the cost of a lawyer (but he will have to publicly provide the court with his contact information).

And that brings us to one of Brett Kimberlin’s principal problems with this case and his other lawfare: essentially no one, not even the leftwing moonbat media, believes him. The only members of the “press” or the “public” who would want to violate the privacy of Patrick Frey and third parties mentioned in the sealed discovery are members of Team Kimberlin, and they’re either too poor to afford a lawyer, too incompetent to file a proper pro se motion, or too afraid to let their whereabouts be known.

Failing failures gotta fail.

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TDPK wanted to use some of the sealed discovery from Frey as part of his defense in the Hoge v. Kimberlin, et al. lawsuit, but he chickened out when Judge Hecker said that he wouldn’t stop Kimberlin, but that there could be consequences if Judge Hazel found out and decided to enforce his protective order.

I can’t describe what was in those emails because I’m still bound by the protective order, but I can say that I believe that they wouldn’t have helped Kimberlin’s case because they didn’t relate to any of the claims before the court. Kimberlin was just looking for a cheap way to breach the seal. Apparently, the cost was too great.

Team Kimberlin Post of the Day


Just before The Dread Deadbeat Pro-Se Kimberlin sued Patrick Frey (who blogs as Patterico) as part of TDPK’s campaign of lawfare against people and organizations who published truthful information about him, Kimberlin warned Patterico that

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

TDPK may have filed a lot of LOLsuits, but he’s lost the vast majority of them, because he’s had incompetent legal representation. It’s not that he’s had a bad run of lawyers. He’s represented himself, I suspect because no lawyer would touch any of his cases. The TKPOTD from a year ago today makes fun of a bit of incompetence in one his filings of TDPK’s appeal of the Frey v. Kimberlin RICO Remnant LOLsuit.

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Here’s some more pointage, laughery, and mockification of The Dread Deadbeat Pro-Se Kimberlin’s informal opening brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit.

Let’s fisk his penultimate paragraph—

This case is important, not only because it involves allegations about a corrupt prosecutor who uses the power of his office to target his enemies, but also because Frey is a member of the “alt-right” and confidant of Andrew Breitbart and Steve Bannon, the latter who served in the Trump White House before being recently ousted fro his extremist conduct.

OK, a case about a corrupt prosecutor could be important. However, Judge Hazel examined the uncontested evidence (as opposed to TDPK’s spin on the meaning of that evidence) and found that Patrick Frey acted within his rights as a crime victim when he sought to have Kimberlin investigated in connection with that crime. It isn’t corrupt for a crime victim to complain to the authorities, even if he’s one of the authorities himself.

However, TDPK does nothing to demonstrate that Patterico is a member of the “alt-right” or why that would have any significance in the case. Similarly, Kimberlin has never shown that any connection between Andrew Breitbart and/or Steve Bannon on the one hand and Patrick Frey on the other increases the “importance” of his LOLsuit.

The exhibits attached to the summary judgment motions filed in the lower court, which include dozens of Breitbart emails to and from Frey, provide a very important template of how the alt-right smears people with false narratives that they amplify through their networks. It is important for the public to know that Breitbart even employs law enforcement officials such as Frey who will use the power of their office to destroy its enemies.

What’s truly important about the past five or so years of lawfare is not any imaginary alt-right smearing of Brett Kimberlin. In fact, as far as I know, neither Patrick Frey nor any other of my codefendants in the various TDPK’s LOLsuits (nor I) are aligned with the so-called alt-right. Moreover, I’d be wiling to bet folding money that, to the extent any members of the alt-right are aware of Brett Kimberlin, they regarded him as a failed leftwing scam artist.

Setting aside the lack of agreement between the pronouns and antecedent nouns in the last sentence, its underlying message seems to be a cri du coeur of frustration that Kimberlin’s use of false narratives has failed to smear his enemies. (I’ve been the victim of four such attempts, two sets of false criminal charges and a bogus peace order petition.) Kimberlin has tried to project his template on to us, but Patrick Frey, my other codefendants, and I have been successful in defending ourselves by simply telling the truth.

In the end, the Kimberlin v. Frey case is important, but not for the reasons TDPK suggests. It’s important because shutting down Kimberlin’s use of lawfare to unconstitutionally muzzle people who talk about him reinforces the protection of everyone’s First Amendment rights.

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Of course, TDPK lost that appeal, and he hasn’t been putting much more effort into lawfare since that loss. But that may not mean that his legal hassles are over.