It appeared that the initial reason for Brett Kimberlin’s lawfare campaign against people truthfully report on him and his activities was to silence his critics. However, he quickly began trying to use discovery in the LOLsuits as fishing expeditions to dig up what he hoped would be dirt on his perceived enemies. The TKPOTD for six years ago today dealt with one of his failed attempts to use confidential discovery material improperly.
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The Dread Pro-Se Kimberlin has filed yet another motion attempting to breach the confidentiality of the discovery material provide by Patterico in the Kimberlin v. Frey RICO Remnant LOLsuit. The most recent bit of nonsense was filed in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.
Judge Hazel never budged and continued to enforce the protective order he issued in the Frey case. I became tangled in the Frey discovery process and wound up being bound by the protective order also. Kimberlin tried to improperly use some of the Frey discovery against me in the Hoge v. Kimberlin, et al. suit. He didn’t, and even if he had, I doubt that it would have helped him. I can’t describe the material, but I can say that I would have used it myself if I hadn’t been subject to the protective order.
A member of the Vast Hogewash Research Organization has picked up a copy of Judge Mason’s most recent ruling in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit. The case has been completely dismissed with prejudice against Aaron Walker. The bases for dismissal were res judicata and failure to state a claim upon which relief can be granted.
A copy of the order is en route to Westminster, and I will scan it and post it as soon as it arrives.
Today is the tenth anniversary of the altercation outside of Courtroom 9D in the Montgomery County Circuit Courthouse which led to Brett Kimberlin’s false claims that he had been assaulted by Aaron Walker. The Dread Pro-Se Kimberlin sought to use that imaginary assault as the basis of a peace order against Aaron, and a court hearing his petition found that no assault occurred.
TDPK has continued to use his story of being assaulted by Aaron as a part of various civil suits, submitting apparently inconsistent medical records in those cases. None of Kimberlin’s lawsuits claiming that Aaron assaulted (or battered) him survived a motion to dismiss.
He also included his story of the imaginary assault sending him to the hospital in the 2013 Application for Statement of Charges that he filed against Aaron. When Aaron sued for malicious prosecution, the jury found that Kimberlin had lied about being sent to the hospital.
Perhaps the biggest problem TDPK has had in peddling his tale is the existence of security camera video of the incident which shows that Aaron did not “deck” him as he initially claimed. Of course, the existence of contrary documentary evidence has rarely been a barrier to Kimberlin’s outrageous allegations against his perceived enemies, and that jury’s finding that he lied about his “assault” has no more squelched his telling the tale that did the judge’s finding almost ten years ago that no assault occurred.
Kimberlin has followed a similar pattern in his failed attempts to respin the case history of the Speedway Bomblings with imaginary tales of corrupt cops and prosecutors and of being held as a political prisoner.
It has been interesting to watch how Team Kimberlin has had to change the lies they’ve told as their various narratives have spun out of control. This post from eight years ago today to note of A Change in Attitude from Bill Schmalfeldt.
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Just a few days ago, Bill Schmalfeldt was in full concern troll mode because the defendants in the Kimberlin v. Walker, et al. lawsuit and Kimberlin v. The Universe, et al. RICO Madness were wasting time dealing with the Cabin Boy rather than focusing on the real danger facing us. Now, he’s whining because so many of those defendants have filed timely responses to The Dread Pro-Se Kimberlin’s lawsuits, causing TDPK to have to answer those filings on a schedule that he set in place back in October.
As I’ve noted before, the expression “hoist on his own petard” initially referred to a sapper being blown up by his own explosive charge, and it seems to fit this situation quite nicely.
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The whole lawfare scheme did kinda blew up in Kimberlin’s face.
Brett Kimberlin has continued to maintain his innocence of the Speedway Bombings in the face of overwhelming evidence. He insists that he was framed, claiming, for example, the ATF planted the four modified timers found among the bomb making equipment found in the car he was driving when arrested by the FBI and Army CID for impersonating a federal officer.
If I were a crooked cop trying to frame someone for a bombing, I wouldn’t bother to modify four timers and plant them. One would do. Traces of Tovex 200, the explosive used in the bombs, were found in the trunk of the car also. If I knew that, I wouldn’t bother to plant the timer. Possession of explosives by a felon (remember, TDPK’s a perjurer) is itself a felony, and possession of the same type used in the bombings provides a strong possible link to them.
No, TDPK wasn’t framed. He screwed up and left bomb making material in a vehicle that he was driving when he got arrested. That’s simply poor attention to detail and bad timing on his part.
BTW, one of Kimberlin’s current appeals relating to the Speedway Bombings is based on the claim that he didn’t know at time of the bombings that he was a felon because of his perjury conviction.
Seven years ago today, the TKPOTD examined how Brett Kimberlin’s projecting his own motivations on other people caused problems in his LOLsuits.
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One of the ideas that The Dread Pro-Se Kimberlin won’t let go of is that I have been using the National Bloggers Club to raise money for myself or that I have been one of the major funders of the National Bloggers Club or both at the same time. This exchange is from TDPK’s examination of me during the trial for the Kimberlin v. Walker, et al. nuisance lawsuit.
MR. KIMBERLIN: So have you ever received any money, any funds at all from the National Bloggers Club?
MR. HOGE: No.
MR. KIMBERLIN: Have you ever given money to the National Bloggers Club?
MR. OSTRONIC: Objection.
THE COURT: Sustained.
MR. KIMBERLIN: No further questions.
My answer under oath to the second question would have been “No.”
Kimberlin’s projection of his motivations and methods on to others has made it impossible for him to see what his opponents are really doing. While I’m pleased that Hogewash! now generates enough cash flow to pay its own way, its pre-tax profit is probably less than 5 % of my adjusted gross income. TDPK misunderstands what motivates people like me, and that’s one of the reasons why he is doomed to lose at lawfare.
Every time Brett Kimberlin filed one of his LOLsuits, his PR flacks at Breitbart Unmasked would loudly predict the direst of dire direness was about to befall the defendants. And then, as the facts surrounding the case would surface, a certain stillness would come over BU. Eight years ago today, I took note that It Sure Is Quiet Over There.
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There being the Breitbart Unmasked website (No, I won’t link to it.).
It’s been over a week since The Dread Pro-Se Kimberlin received my motion to dismiss in the Kimberlin v. The Universe, et al. RICO lawsuit, but nothing has appeared on his website attempting to debunk any of the points made in my motion. Given the ballyhoo at Breitbart Unmasked when the state and federal suits were filed, I’m a bit surprised.
Their expert analysis (stop laughing) of the case showed that the Brett Kimberlin had all the defendants dead to rights. According to Breitbart Unmasked, the RICO suit was supposed to result the defendants becoming the targets of an FBI investigation, but, thus far, the only federal agencies that have contacted me since the suit was filed have been NASA, asking a technical question about some equipment I designed, and the Social Security Administration, informing me of a 1.5% cost-of-living increase.
Perhaps, TDPK has been busy with all the paperwork due by the first week of the new year. He had a bunch due in the state Kimberlin v. Walker, et al. case at the end of last week. There’s a deadline in the RICO case coming up between Christmas and New Year’s Eve, and several deadlines during the first week of 2014.
Still, Xenophon or Roger S should have written something by now—unless, of course, they can’t find anything to attack.
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Of course, Breitbart Unmasked is still up wasting bandwidth on the Internet, but it hasn’t had any new material posted for over three years.
The main purpose of the TKPOTD that ran seven years ago today was to point out how poorly constructed Brett Kimberlin’s allegations of defamation were in his RICO Madness LOLsuit. It also took a look at the kind of “social causes” he was supporting with his alleged music.
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Here’s an interesting claim from one of Exhibit 7 of The Dread Pro-Se Kimberlin’s omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness. The SAC (that’s the second amended complaint) alleges that the mythical RICO enterprise began picking on Brett in August, 2010, although it doesn’t mention any specific acts occurring until October. So what sort of “social causes” was The Dread Performer Kimberlin “highlighting” before August, 2010? Well, in March of that year he was promoting teenage love with werewolves.
As for TDPK’s claim that he was unable to produce songs and videos after August, 2010, Freakin Frackin was posted to YouTube on 12 January, 2011; Occupy Music Video: Anonymous was posted to YouTube on 17 June, 2011; Coal Miner’s Family was posted to YoutTube on 5 December, 2012; and that’s not a complete list of TDPK’s work published online since 2010.
The most amazing things about Brett’s lying is how clumsy he is with it. You’d think that after all those years of practice, … oh, never mind.
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I don’t advise listening to Kimberlin’s music videos or his CD without a good supply of ear bleach on hand.
Brett Kimberlin sued me and various groups of codefendants in four lawsuits. I had over 40 codefendants across all the suits and as many as 23 at one point in the Kimberlin v. National Bloggers Club, et al (I) RICO Madness LOLsuit. When several of our codefendants settled the case with Kimberlin, Patrick Frey expressed his disagreement and disappointment on his blog and on Twitter. Kimberlin sent a letter to the judge asking for permission to file a motion against Frey. Seven years ago today, I posted this In Re RICO Madness.
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I have not been served a copy of this letter, and it has not been posted to the Kimberlin v. The Universe, et al. RICO Madness case docket on PACER. (H/T @adamsteinbaugh) It’s a marvelous example of Brett Kimberlin’s gross misunderstanding of both the Case Management Order (on a point he has already been corrected by the judge) and the First Amendment. The idiocy it demonstrates is breathtaking.
It took another two-and-a-half years before Patterico finally won the last count in the case on summary judgement and another three or four months before that win was sustained on appeal. Although I had been dismissed from the case in 2015, I got roped back in again during the discovery phase and was involved all the way to the end in late 2017.
It was a pain in the neck (actually a couple of feet lower), but worth it. I’d rather stand up to a bully than cower. And I’m proud of those who stood beside me.
When Bill Schmalfeldt wasn’t predicting the direst of dire direness would overwhelm Team Kimberlin’s adversaries, Matt Osborne would serve as their false prophet. Eight years ago today, I wrote about Osborne (using the nom de cyber of Xenophon) channeling The Amazing Criswell and Criswell’s Weather Forecasts.
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Breitbart Unmasked (No, I won’t link to it.) has an occasional feature in which Xenophon channels The Amazing Criswell while making predictions. It turns out to be an apt choice because the predictions are usually as spectacularly wrong as the real Criswell’s.
Last weekend’s forecast was for
Clouds of butthurt have limited visibility in the Carroll County, Maryland area. Expect drizzles of stupid all weekend, with sunny skies due to arrive by Monday afternoon.
It turned out that all the butthurt wound up centered on Elkridge, Maryland, which is in Howard County, although things were sunny here in Westminster.
I wonder if Criswell foresees the blizzard of paper about to descend on Bethesda, Maryland?
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The Dread Deadbeat Pro-Se Kimberlin was buried with legal paperwork during the holidays that year because of timing set by when he filed his LOLsuits.
During the protracted series of litigation with Brett Kimberlin, it was usually safe to assume that he would make some sort of mistake or tell some sort of stupid lie in any given court filing. The TKPOTD for seven years ago today was about one such filing and what Kimberlin was really try to accomplish.
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Today, Thursday, Friday, Saturday, Sunday, Monday, and then time’s up. The Dread Pro-Se Kimberlin will need to have his omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness to the court by close of business next Monday. With that kind of time pressure, one wonders why he has wasted time on side issues such as the letter he sent to Judge Hazel concerning early discovery related to Ace’s ID.
I’ve heard several theories advanced.
The first is based on the idea that TDPK believes that the case is doomed and that the judge is going to grant the motions to dismiss. He’s trying for early discovery related to Ace’s identity because he thinks it’s his only shot.
A second theory is somewhat similar, except that it is based on the suspicion that TDPK is purposely blowing the case in order avoid being subjected to discovery by the defendants and that he’s trying to get the info on Ace before the case is thrown out.
I’m not sure that I buy either. From what I’ve seen, Brett Kimberlin is a fairly disorganized doofus. The simplest explanation is that he simply hasn’t spent his time wisely.
Well, there’s been some movement in both of Brett Kimberlin’s cases in the Seventh Circuit Court of Appeals seeking to overturn some of his Speedway Bombing convictions. A coupe of weeks ago, he filed his brief in the second appeal dealing with hair samples used as evidence in the Speedway Bombing trials and a motion asking the court to order the Department of Justice to state its current opinion one a previous directive related to hair sample evidence. The court has denied that motion.
In his brief Kimberlin again asks for a freebie lawyer—
Because of the importance and complexity of the issues and facts, Appellant strongly requests oral argument and the appoint meant of pro bono counsel. Oral argument by experience counsel would greatly aid the Court in its consideration of the issues, some of which are first impression in this Court.
Brett Kimberlin routinely filled his court filings with extraneous material, possibly because doing so allowed them to say things he imagined made his enemies look bad in a privileged environment. The TKPOTD for seven years ago today was about one such silly claim he made.
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One of the reasons that The Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness ran way over the 50-page limit established by the Court’s Local Rule is that he include a lot of extraneous material that doesn’t support his case. Consider this:TDPK never explains how anything Team Themis might have done is in anyway connected with any defendant in the RICO Madness. If he could prove that any tortuous conduct occurred, he should sue Team Themis, the U. S. Chamber of Commerce, and the FBI. Not us.
However, since he brings up the subject, take a look at the list of “targets.” Brett Kimberlin and Brad Friedman are the co-founders of Velvet Revolution US, and Friedman is one of its directors. Justice Through Music and Velvet Revolution are the two not-for-profits that provide Kimberlin his day-to-day employment. Stop the Chamber is a fund raising activity operating under the wing of Velvet Revolution.
Meanwhile, the timer is ticking down on TDPK’s omnibus opposition to the motions to dismiss the RICO Madness. It’s due two weeks from tomorrow.
The contest to spot TDPK’s truly magnificent error in his motion for a new trial in the Kimberlin v. Walker, et al. case is still running. There have been some great entries, but no one has found what Aaron Walker noticed. Yet.
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As I type this post, I’m drinking Irish coffee out a the mug that no one won in that contest.
None of the Gentle Readers picked up on the fatal flaw in Kimberlin’s case.
It’s really quite simple. In order for a statement to be defamatory, it must be false. Although Kimberlin kept saying that it was defamatory to call him a pedophile, he never once said that he was not a pedophile.
Brett Kimberlin wound up including me as a defendant in four of his bogus defamation LOLsuits. Only one, the first, Kimberlin v. Walker, et al., got some of its claims as far as a trial, and that trial was stopped with a directed verdict in the defendants’ favor before we had to put on a defense. You see, The Dread Deadbeat Pro-Se Kimberlin failed to offer evidence that we had defamed him. With no evidence he had no case.
The Dread Pro-Se Kimberlin wants a second bite at the apple. He’s filed a motion for a new trial in the Kimberlin v. Walker, et al. nuisance lawsuit. The Gentle Reader may remember that the judge stopped the trial and directed a verdict in favor of us defendants after TDPK rested his case.
Our lawyer will file our reply to this motion. For now, all I have to say is that I consider it to be frivolous.
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The motion wasn’t granted, and Kimberlin’s appeal failed when the Court of Special Appeals upheld the Circuit Court’s verdict.
The elements of the tort of defamation are:
1. That a false statement was made to
2. One or more third parties;
3. That the statement was made negligently; and
4. That the defamed person suffered damage.
We defendants admitted to some (but not all) of the things Kimberlin claimed we said or wrote about him and that the statements were made to third parties. He never offered any evidence that anything we said or wrote was false. With no evidence of falsity there was no possibility of a viable defamation claim. The judge ended the trial without ever reaching the question of negligence (even if it’s negligent, a true statement can’t be defamatory) or damages.
Kimberlin should have taken his loss and been done with his LOLsuits. He didn’t, and it cost him. The lawfare eventually did get around to the question of damages in a later case, and the fact his reputation as Speedway Bomber was so bad that he couldn’t be defamed was one ground for dismissal of that suit for failure to state a claim upon which relief could be granted. So now a court has found Kimberlin defamation proof.
The post about Why I Blog first ran four years ago today.
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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 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 I 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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Yes, I’m still doing these TKPOTDs. While Kimberlin’s presence on the Internet has deteriorated to a handful of irrelevant wastes of bandwidth, he’s still engaging in lawfare in the form o his specious appeals of some of his Speedway Bombing convictions. And not every loose end of the previous decade has been tied up yet.
Brett Kimberlin is truly an incompetent litigator. Here’s a selection from the Kimberlin v. Walker, et al. trial transcript where he asks Aaron Walker a question which undermines one of the bases for Kimberlin’s defamation claim against Aaron.Yep, he really asked that question.
Brett Kimberlin has asked the Seventh Circuit Court of Appeals to provide him with freebie lawyers to file an amicus brief and handle oral argument on his behalf in his current appeal seeking to overturn some of his Speedway Bombing convictions. That may be a sign that he’s come to understand how incompetent his pro se lawyering has been over the past decade. The TKPOTD for seven years ago today dealt with one of his blunders in the RICO Madness LOLsuit.
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The Dread Pro-Se Kimberlin seems to be grasping at straws in order find some evidence to support his bogus and vexatious Kimberlin v. The Universe, et al. RICO Madness. He’s not even finding enough straw to make a tiny straw man to argue with. This is from his latest letter to the court.Pretend for the sake of discussion that some or all of the crackpot ideas advanced in that paragraph be true.
None of it is alleged in the second amended complaint. The court has already ruled that there will be no further amendments, so TDPK has to run what he brung. Kimberlin filed a lawsuit naming a blog called “Ace of Spades” as a defendant. He didn’t sue the blogger known as “Ace.” He didn’t sue the blog known as Ace of Spades HQ either.
The self-inflicted butthurt is strong with this one. But relief is possible.
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There are still a few squares left on the pool calendar in the break area for the date the current appeal is denied.
It was eight years ago today that I posted about Team Kimberlin’s crackpot legal theories being advanced to support Bill Schmalfeldt’s attempt to get the first of a dozen restraining orders overturned. The running gag here at Hogewash! has been that Team Kimberlin get their legal advice from the same company that sells all those fine products to a certain coyote. No matter how hard Acme Law Fights Back, Reality keeps crushing Team Kimberlin in court.
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Apparently, Acme Legal is trying to find a way to combat the dreaded res judicata.
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No wonder Brett Kimberlin keeps asking for a court to appoint a real lawyer to handle his Speedway Bombing appeals.
From time to time, Brett Kimberlin would offer rewards of $100,000 or more for information about election fraud or other things his not-for-profits were “investigating.” Bill Schmalfeldt also offered fake rewards, but they were never so grandiose. Six years ago today, I claimed one the Cabin Boy’s™ reward, but he reneged on the offer.
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I 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.
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 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.
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In fact, Kimberlin was lying. I am not now and I have never been Paul Krendler.
Brett Kimberlin wanted to be famous, but his crimes made him infamous. The TKPOTD for seven years ago looked at one his complaints against this blog in the first RICO LOLsuit he filed against me.
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The Dread Pro-Se Kimberlin doesn’t like the publicity he has been receiving here at Hogewash! in connection with his ongoing lawfare and shutuppery. This is from one of his filings in the Kimberlin v. The Universe, et al. RICO Madness.Brett Kimberlin had the opportunity to prove that this blog had defamed him by publishing false information. He was unsuccessful, so that matter is settled. Hogewash! has not defamed him. Rather, this blog has published truthful information about him. Of course, it is possible that TDPK finds the truth intimidating, but that’s not my problem.
I kinda like the “threats of doom” hyperbole. However, Hogewash! has never threatened Brett Kimberlin with doom. I have from time to time offered my opinion that I didn’t expect Kimberlin to be successful in his lawfare, and my batting average isn’t too shabby. The unconstitutional gag order against Aaron Walker was thrown out. The peace order underlying that gag order was overturned on appeal. TDPK’s appeal of another quashed peace order against Aaron was denied. He wound up having drop his peace order against John Norton in order to avoid a perjury trap. The harassment charges he filed against Aaron and me were nolle prosed by the Montgomery County States Attorney before we could even be served. And the Kimberlin v. Walker, et al. nuisance suit was a spectacular failure.
I haven’t done anything to chill Brett Kimberlin’s right to redress through the courts. Yet. However, I believe that he is a vexatious litigant, and I am seeking to have him adjudicated as one. Even then, he won’t lose his right of redress. He will simply have to have a magistrate judge screen his complaints prior to filing.
Brett Kimberlin is a whiny loser.
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Describing Kimberlin as whiny is accurate. As I noted in a review of his CD Nothing Else—
Let me first comment on Mr. Kimberlin’s voice. I had heard his speaking voice in court, and I understand why some people refer to it as whinny. His singing voice reminds me of the silly voice that Weird Al uses on tracks such as Eat It. Mrs. Hoge, who listened through the CD with me, said, “Eddie Haskell.”
There’s been some movement in Brett Kimberlin’s two appeals attacking some of his Speedway Bombing convictions. Kimberlin had filed motions in the first case asking of the Seventh Circuit Court of Appeals to appoint a freebie lawyer to handle oral argument in the case, to appoint another freebie lawyer to file an amicus brief supporting Kimberlin, and to combine that appeal with a second one he has filed. The court denied all three motions.
The Gentle Reader may have seen the Scheduling Notice at the bottom of the Briefing Order. It says that arguments for criminal appeals are usually put on the courts schedule “shortly after the filling of the appellant’s main brief.” Kimberlin filed his main brief in July, and the case hasn’t been scheduled for oral argument yet. That could mean that the court is busy and hasn’t found a slot for the case yet. It could also mean the the judges believe the case can be decided on the arguments presented in the briefs—which could explain the denial of Kimberlin’s request for a lawyer to handle oral argument. Similarly, the judges may see that law is sufficiently well defined by the briefs and case law that an amicus brief wouldn’t be helpful. Finally, the court may see the issues raised in the two appeals as sufficiently different to require them to be considered separately.
The ball’s in the court’s court.
UPDATE—It would seem that these appeals must have sufficiently distracted Kimberlin that he dropped the election protection ball in Virginia.
Brett Kimberlin sued over forty individuals and organization (including me) over the past decade for defamation. He managed to win nominal damages (a hundred bucks out of over two million sought) the first case on a default judgment (apparently by playing games with service of court papers), but he lost every other defamation action he filed. Kimberlin tried to claim that telling the truth about him was defamatory while he and his PR minions were spinning contradictory false narratives to try to burnish his image. The TKPOTD for seven years ago today dealt with the fictional claim that he had been exonerated of the Speedway Bomber charges.
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One of the false narratives about Brett Kimberlin that has circulated around the Internet is a fantasy about his being “exonerated” of his bombing and dope smuggling convictions and about his having received a substantial settlement. Here’s an example from Democratic Underground.
The truth is that Kimberlin had his parole revoked for two years in 1997 and wound up staying in prison until 2001. He managed to keep the Parole Commission in the dark concerning any parole violations, so in 2006 he was released from supervision. That’s not exactly an exoneration.
Notice that I said he kept the Parole Commission in the dark about parole violations. One of the usual conditions of parole is to refrain from association with other felons. Here’s the true narrative: While he was still under supervision, Brett Kimberlin hired Craig Gillette, who has a child pornography conviction, to work at Justice Through Music Project. According to Mrs. Kimberlin, Gillette lived with the Kimberlins and their children in their one-room apartment in the basement of Kimberlin’s mother’s house for an extended period.
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Exit Question—If he’s already been exonerated, why is he suing to have some of the convictions overturned?
BTW, I’m keeping an eye on the appeal he has before the Seventh Circuit and will report on any movement in that case. Stay tuned.
The TKPOTD for six years ago today references some of the best legal writing I’ve ever enjoyed reading.
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As I mentioned in yesterday’s summary, there isn’t much left of The Dread Pro-Se Kimberlin’s RICO Madness LOLsuit that survives as the Kimberlin v. Frey RICO Remnant case. The one count remaining deals with his claim that Patrick Frey used his job as a prosecutor in the LA County District Attorney’s Office to deprive TDPK of his civil rights.
Patterico has answered TDPK’s complaint. For the most part he denied the allegations, generally with boilerplate denials, but there were a couple of paragraphs … well, see for yourself. Here are those paragraphs from the complaint, each followed by Frey’s answer.