Team Kimberlin Post of the Day

The TKPOTD for six years ago today dealt with on of the more bizarre claims that Brett Kimberlin made about my background in his RICO 2: Electric Boogaloo LOLsuit.

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The Dread Pro-Se Kimberlin has me confused with another William Hoge. He put this in a recent filing in his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.ECF 67-p8He must have me confused with my late father, who was a Special Agent in the U. S. Army Counter Intelligence Corps during World War II. He was involved in investigative work in the U. S. during the first part of the war, and he commanded a Counter Intelligence Team attached to the 66th Infantry Division in Europe. (Military Intelligence was not a separate branch back then. My father was commissioned in the Infantry, and he was the only infantry officer to accept the surrender of a German submarine, but that’s another story.) After the war, his CIC team was involved in rounding up Nazis. He continued to serve in the Army Reserve until the late ’60s and transferred to Military Intelligence when it became a separate branch.

I was commissioned in the Signal Corps, and while I worked closely with SIGINT guys from time to time, I was never a part of Military Intelligence. I’ve had various security clearances as a soldier or as an engineer working on government programs, but I’ve never been a spook.

TDPK is either very confused or hallucinating or lying. Or perhaps all three.

* * * * *

He was lying.

Team Kimberlin Post of the Day

The segment below was part of the TKPOTD for seven years ago today. Using it to say, “Thank you,” has become a blog tradition for 20 September.

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res_judicata_mugsOf course, one of TDPK’s claims is that I’ve been using my reporting on his activities to raise money by defrauding the Gentle Readers who hit my Tip Jar. He has yet to explain how that injures him. In any event, I’m always thankful for  reader support.

You can also support the blog by shopping at The Hogewash Store or shopping via the Amazon link on the Home page.

Whichever means you chose, your support helps keep this blog on the air.

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Gentle Readers, I’m always thankful for your support.

Team Kimberlin Post of the Day

One of the most disgusting things I’ve seen during the legal wrangling with Brett Kimberlin has been his cruelty. The TKPOTD for six years ago today noted one of his most cruel acts, suing a defenseless stroke victim.

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Late Monday evening, my lawyer was served with a copy of The Dread Pro-Se Kimberlin’s amended complaint in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit. I will have no comment on the amended complaint until after I have reviewed it with my lawyer, except that I will note that TDPK is continuing to include Mandy Nagy as a defendant in the suit.

* * * * *

Mandy was 45 when she suffered her stroke a year before Kimberlin filed the RICO Retread LOLsuit. He knew ofher  condition when he filed. During a hearing in the case, the judge had asked him why he was suing someone who could not defend herself. Yet, he kept her in the case to the bitter end.

Mandy’s mother reports, “Her physical condition has unfortunately deteriorated somewhat, so that she has more trouble walking. But her cognitive abilities seem to have improved.”

Team Kimberlin Post of the Day

The TKPOTD for seven years ago today showcased a couple of examples of Brett Kimberlin’s incompetence as a litigator.

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Witness impeachment is the process of calling into question the credibility of an individual who is testifying in a trial. A party may impeach a witness by cross-examining the witness about facts which reflect poorly on the witness’s credibility. One does not impeach one’s own witnesses on direct examination—unless, of course, you are The Dread Pro-Se Kimberlin. This is from his direct examination of Ali Akbar during the Kimberlin v. Walker, et al. trial.

MR. KIMBERLIN: Mr. Akbar, have you ever been convicted of a felony?

MR. AKBAR: Yes.

MR. OSTRONIC: Objection.

THE COURT: Sustained.

MR. KIMBERLIN: Your honor, I believe it goes to his honesty.

MR. AKBAR: Going to impeach me?

THE COURT: Well —

MR. OSTRONIC: You called the witness.

THE COURT: What are you impeaching him for? It’s your witness. You’re calling your own witness and impeaching him?

I’m not making this up. TDPK expected to use Ali Akbar’s testimony to get evidence into the record after attempting to impeach him as an unreliable witness. Go figure.

I’ve mentioned in an earlier post that one of the basic rules of examining a witness in court is to never ask a question unless you know what the answer will be. TDPK repeatedly violated that rule.

MR. KIMBERLIN: I’m not asking you to give me a mission statement. I’m asking you —

MR. AKBAR: All right. What was the question again?

MR. KIMBERLIN: — a simple question. You know — have you ever raised, through the National Bloggers Club, or Bomber Sues Bloggers, or Rally.org, any money for any purpose to deal with me, my name, or any of these legal issues?

MR. AKBAR: I’d like to answer no, but clarify, if I may. We’ve raised relief funds for bloggers who have lost their jobs, families who have been attacked, families like mine. My mother and my brother have been attacked by your blog, BreitbartUnmasked.com, and —

MR. KIMBERLIN: I object. I object.

MR. AKBAR: — we’ve raised money. We’ve raised relief money.

THE COURT: Well, this is your question. You wanted to know if he raised any money —

MR. KIMBERLIN: Well, but he’s saying it’s my blog. I didn’t have a blog.

MR. AKBAR: Breitbartunmasked.com.

THE COURT: You can’t — if you think you’re not going to like the answer, don’t ask the question. You asked him if he’d raised the money —

MR. KIMBERLIN: Your honor, I’m just saying, you know, he’s making a statement that’s false.

Accuse the accuser.

So TDPK has said that Breitbart Unmasked isn’t his blog. We’ll see about that.

* * * * *

It’s now fairly well established that Brett Kimberlin exercises effective control over the now fallow Breitbart Unmasked website. I supposed we shouldn’t be surprised when a perjurer tells a lie.

Team Kimberlin Post of the Day

The one time Brett Kimberlin actually got one of his LOLsuits against me all the way to trial, he tried to use my codefendants, Aaron Walker, Ali Alexander, and Stacy McCain, and me as his witnesses to prove his case. That didn’t go well, and the TKPOTD for seven years ago today dealt with part of the exchange with Stacy McCain.

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Here’s another bit of bumbling from The Dread Pro-Se Kimberlin’s direct examination of Stacy McCain during the Kimberlin v. Walker, et al. trial.

MR. KIMBERLIN: Okay. And then did you also tweet that “Perhaps Pat Stranahan and that WJJ Hoge can communicate facts to hired liar Monica Hess”?
MR. MCCAIN: Did I tweet that? Are you showing me a tweet? Okay, let me state for the record that this is not — this is — what this is from — can I make the point this is from the site Breitbart Unmasked. Do you agree?
MR. KIMBERLIN: I’m just asking you a simple question —
MR. MCCAIN: No. No. You’re showing me something from another site that you are accused of owning.
MR. KIMBERLIN: No. I’m asking a simple question. Did you tweet —
MR. OSTRONIC: Your honor, I’ll object. It’s an unauthenticated document.
THE COURT: Sustained.
MR. KIMBERLIN: No further questions for this witness.

It is downright foolish to attempt to outcrazy Stacy McCain.

* * * * *

Kimberlin had already filed his RICO Madness LOLsuit which included Stacy as one of the defendants by the time the Kimberlin v. Walker, et al. case came to trial. His subsequent LOLsuits were filed after that trial, and Kimberlin never again tried to sue Stacy McCain.

Team Kimberlin Post of the Day

Many of my favorite Team Kimberlin Posts are titled Qapla’. This one from four years ago today reported the ruling by the Maryland Court of Special Appeals affirming The Dread Deadbeat Pro-Se Kimberlin’s loss in the RICO Retread LOLsuit.

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The Court of Special Appeals has ruled in the appeal of the Kimberlin v. National Bloggers Club, et al. (II) RICO Remnant LOLsuit. The defendants win. Brett Kimberlin loses.

Everything proceeded as I foresaw.

UPDATE—I’d like to offer my thanks to Patrick Ostronic, my pro bono counsel, for his help in this case.

* * * * *

Kimberlin has an appeal before the federal Court of Appeals for the Seventh Circuit. We’ll see if he maintains his unblemished 0.000 batting average when the court rules in that case.

Stay tuned.

Team Kimberlin Post of the Day

I started writing about Brett Kimberlin’s vain attempts to use pro se lawfare to silence his perceived enemies in late May, 2012. By the end of summer that year, it was becoming obvious that his efforts were not going to be successful whenever they were opposed with proper legal support. Indeed, one of his peace order efforts backfired, and I wrote about it nine years ago today in this post titled #BrettKimberlin Hoist on His Own Petard.

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When Brett Kimberlin went to court on Wednesday, he came out the loser. He had started the ball rolling by seeking a peace order against John Norton. At the end of the process, John Norton was free and clear, but Brett Kimberlin still had the peace order filed by Mr. Norton against him on the books. The expression hoist by his own petard comes to mind, and it fits especially well in this case.

You see, a petard is an explosive charge used to breach the gate or wall of a fortification. Back in the 16th and 17th centuries, a sapper would run up to the enemy wall, attach the bomb, and run away. If the petard’s fuze burned too quickly, the sapper could wind up flying through the air, thrown by the force of the blast—hoist by his own petard.

If the shoe fits, …

Tick, tick, tick, tick, …

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Blow ups happen.

BTW, the Government’s opposition brief is due next week in Kimberlin’s appeal of the denial of his attempt to have some of his Speedway Bombing convictions set aside. His reply brief is due in October.

Stay tuned.

Team Kimberlin Post of the Day

By this time in 2013, Brett Kimberlin has already filed a false criminal complaint against me and seen it dropped for lack of evidence and he had filed the first of the four LOLsuits he brought against me. The TKPOTD for eight years ago tried to warn him about messing with me.

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Brett Kimberlin has a history of trying to use the court system to silence those who he perceives as his enemies, and one sure-fire way to get on his enemies list is to publish the truth about his past or his current activities. His latest bit of lawfare names me along with four other bloggers as a defendant. Gentle Reader, please allow me to make the following points.

1. The case will be disposed of through the courts not the Internet.

2.  Unless advised to do so by my lawyers, I will make no public comments about any pending matter in the case.

3. Tactically, suing me is a dumb move on Kimberlin’s part. He will find that I now have a reason to focus more of my attention on him.

orvilleredenbacher4. Strategically, suing me is an even dumber move. He will now either answer my discovery interrogatories and admissions and produce the documents I seek, or he will have to explain to the court why his suit should not be dismissed.

Click here to buy more popcorn from Amazon.

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Kimberlin sold a lot of popcorn for Orville Redenbacher, and the link above still works.

Team Kimberlin Post of the Day

The Kimberlin v. Hunton & Williams, et al. LOLsuit was the second of the failed federal RICO cases he brought against me. Six years ago today, i filed a motion to dismiss the case. I posted a copy as More RICO 2: Electric Boogaloo.

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Today, I filed a motion to dismiss for failure to state a claim in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit. I filed it by mail. Normally, I would wait until the motion appeared on PACER to post it here, but since The Dread Pro-Se Kimberlin should receive his copy tomorrow, I figure I might as well post it today.

Murum aries attigit.

BTW, under the Federal Rules of Civil Procedure, his opposition to this motion will be due not later than the 21st. That’s the Monday following the Friday that his amended complaint is due in the state RICO Retread LOLsuit.

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I wasn’t the only defendant to file that day. Those motions to dismiss can be found here and here.

Team Kimberlin Post of the Day

Given the poor quality of the legal filings made by Team Kimberlin, I wasn’t too much of a stretch to begin joking that they were getting their advice from the legal department of the same Acme Corporation that sold stuff to a certain coyote. The TKPOTD for eight years ago today reported on the actual source of their briefs.

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The source of Cabin Boy Bill Schmalfeldt’s “legal” briefs has been found—Acme Underwear.team_kimberlin_brief

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If the Gentle Reader would like to purchase memorabilia related to The Saga of Team Kimberlin, take a look at the fine offerings at The Hogewash Store.

Team Kimberlin Post of the Day

While Hogewash! has certainly provided more publicity for Brett Kimberlin than he ever wanted, this isn’t the only blog that’s written about him. This post from seven years ago today was about another post on the Internet giving him a bit More Streisand Effect.

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Techdirt writes about The Dread Pro-Se Kimberlin’s failed attempt at lawfare in the Kimberlin v. Walker, et al. nuisance lawsuit. (H/T, @ali)

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His worst mistakes were suing me and filing false criminal charges against me.

Team Kimberlin Post of the Day

One of the recurring lies that Brett Kimberlin has told about Aaron Walker and me is that we have ever threatened him with violence. The TKPOTD for six years ago today dealt with one of the false claims he made in the RICO Retread LOLsuit.

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This is from The Dread Pro-Se Kimberlin’s Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.ECF 1-65

popcorn4bkThese are what lawyers call conclusory allegations, that is, they are offered with no evidence to support them. TDPK makes those allegations without actually specifying when or where or how we did any of those things. Come Thursday, we’ll see what Judge Mason thinks about them as he rules on the various defendants’ motions to dismiss.

Stay tuned.

BTW, the most recent blog post that I’ve published about a trip to the range was in 2013.

* * * * *

Of course, I occasionally post pictures of targets I’ve shot. Here’s one. Deer season is coming, and this is the result of zeroing my Mossberg .243 Winchester at 200 yards with Hornady 95 gr SST ammunition.I’ve always been the worst shot in the family.

Team Kimberlin Post of the Day

The TKPOTD for five years ago today looked forward to Brett Kimberlin’s coming LOLsuit case load during September, 2016.

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The Dread Pro-Se Kimberlin has a interesting month ahead.

On 13 September, he has two hearings before Judge Mason in the Circuit Court for Montgomery County. The docket shows a pretrial hearing in the Walker v. Kimberlin, et al. lawsuit scheduled for 9:00 am. The docket also shows a motions hearing in the Kimberlin v. Hunton & Williams LLP, et al. RICO 2 Retread LOLsuit scheduled for 9:30. I believe that all the remaining defendants will have ripe motions to dismiss, and all of them are similarly situated as the defendants who have already been dismissed. That case could be over after the hearing.  I suspect that TDPK will have a very bad day on the 13th.

Two weeks later on the 27th, there’s a motions hearing scheduled in the Circuit Court for Carroll County in the Hoge v. Kimberlin, et al. lawsuit. There’s a pending motion to dismiss from Very Ordinary Seaman Ferguson and a pile of frivolous motions from the Dreadful Pro-Se Schmalfeldt and the Kimberlins. There are also pending requests for orders of default against the Kimberlins, the Cabin Boy™, Almighty Media, and Breitbart Unmasked; a motion to compel compliance with a subpoena by GoDaddy; and a motion for alternate service against Matt Osborne. I look forward to seeing how many of the defendants show up.

Everything is proceeding as I have foreseen.

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The 13th of September this year is the day the United States’ reply brief is due in the 7th Circuit Court of Appeals in The Dread Deadbeat Pro-Se Kimberlin’s attempt to get some of his Speedway Bomber convictions set aside. I suspect he’ll busy for the last half next month.

Team Kimberlin Post of the Day

Operational security has never been a strong point for Team Kimberlin. One of the things that came out of the mass of extraneous material in various Kimberlin court filings was information relating the the connections between and among Brett Kimberlin, Breitbart Unmasked, Almighty Media, Fintel Associates, and other activities in the San Antonio area. At one point, someone filed an application with the State of Texas to form a business entity called Almighty Media only to withdraw the application the next business day.

Four years ago today, when Bill Schmalfeldt found out that members of the Vast Hogewash Research Organization were poking around in Austin and San Antonio, he sent a series of tweets that were the basis of this Don’t Know Much About Geography post. It was hurricane Harvey that stuck Texas that week.

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Map reading seems to be another non-existent skill for the Cabin Boy™.There’s no particular reason for the Cabin Boy™ to have a reasonable hope that any Texas state records will be destroyed by the hurricane now moving into the state. The latest predictions show that Austin is on the edge of the very low probability zone for hurricane force winds.Indeed, while the official forecast for Austin for the next few days includes the possibility of a tropical storm, the probability of rain over the weekend never exceeds 80 percent.Of course, anyone in the possible path of the storm should take proper precautions, but no Hill Country Lickspittles have been put on alert.

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The almightymedia dot org web domain registration was renewed earlier this month, but there is no website. That’s probably a wise choice.

Team Kimberlin Post of the Day

Here’s the TKPOTD from seven years ago today. It deals with one of the most disgusting episodes in The Saga of The Dread Deadbeat Pirate Pro-Se Kimberlin.

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I’ve been listening to the courtroom audio recordings as part of my preparation for the next part of my Kimberlin v. Walker, et al. in Review series. Since those recording are used to product the trial transcript, they include the conversations between the judge and counsels at the bench. I could not hear them in the courtroom because a noise source is turned on by the judge to mask the conversations. Thursday evening was the first time that I became aware of the following:

Brett Kimberlin called his older daughter as a witness. He did so at the end of the presentation of his case. He tried to do so as his first witness, but our lawyer objected. During the interchange at the bench, The Dread Pro-Se Kimberlin said that he wanted her to testify to various things which the judge felt were inadmissible because her testimony would be hearsay. TDPK also said he wanted her to testify to the fact that he had not done anything untoward with her. That would have been admissible, but my lawyer agreed that we would stipulate that so there was no reason for her to be called. During the conference at the bench, Judge Johnson remarked,

To put your 15 year old daughter—talk about —talk about harm—to put a 15 year old kid in a courtroom in front of a jury and ask her questions about pedophilia!

Just before he called her, the judge called the counsel up to the bench and tried one more time to dissuade TDPK from calling his daughter.

THE COURT: You know the witness you really need?

KIMBERLIN: Huh?

THE COURT: Is your wife here?

KIMBERLIN: She’s, she’s packing. We’re leaving on vacation tomorrow—

THE COURT: Is she gonna testify? See, that’s —if she were going to testify, that would be one thing, but a 15 year old?

TDPK put her on the stand any way.

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I have no words adequate to express my contempt.

Team Kimberlin Post of the Day

It was seven years ago yesterday, that Brett Kimberlin lost his first of four defamation LOLsuits he filed against me. Seven years ago today, I ran this post about other bloggers’ Kimberlin v. Walker, et al. Wrap Up Posts.

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Popehat: here and here

The Other McCain: here

Patterico’s Pontifications: here

Legal Insurrection: here

Breitbart Unmasked: [crickets]

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I’m very thankful for the support my codefendants and I received from our fellow bloggers.

Oh, and given that Breitbart Unmasked Bunny Billy Boy Unread hasn’t had any new material posted for over two years, I don’t think we’ll ever see any of the coverage of the trail they had promised.

Team Kimberlin Post of the Day

Today is the seventh anniversary of the end of the Kimberlin v. Walker, et al. trial. After The Dread Deadbeat Pro-Se Kimberlin rested his case, Judge Johnson ruled that he hadn’t really presented one because he didn’t bother to offer evidence that any of the statements my codefendants and I had made were false. The suit alleged defamation and false light, and both torts require that the allegedly offending statements be false. We were granted a judgment in our favor. Kimberlin lost.

Judge Johnson was inclined to allow Kimberlin to testify in spite of the then current ban on perjurers’ testimony in Maryland. Kimberlin dodge a perjury trap when we didn’t have to put on our defense. Before the trial resumed, I posted an explanation of what Kimberlin would face on the witness stand: Can #BrettKimberlin Measure Up to Midgett?

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It is possible that The Dread Pro-Se Kimberlin may be allowed to offer some testimony during the Kimberlin v. Walker, et al. trial.

TDPK has refused to answer the interrogatories that Aaron Walker, Stacy McCain, and I have sent him as a part of discovery in the Kimberlin v. Walker, et al. nuisance lawsuit. One of the reasons he initially cited was his Fifth Amendment privilege against self incrimination.

In Midgett v. State, 223 Md. 282 (1960), the Maryland Court of Appeals ruled that there are limits to that privilege.

The bases for the rule are (i) that the witness has the right to determine whether or not to invoke the privilege, not that the rule is for the exclusion of unreliable evidence, and (ii) that the court must be in a position to determine whether the claim of privilege is in good faith or lacks any reasonable basis.

Id., 289. Thus, in order to invoke the privilege during the trial, TDPK will have to convince the judge that he will risk incriminating himself if he truthfully answers questions such as “How old was your wife when you married her?” or “If you have ever denied being sent back to prison for a parole violation in any court since January 1, 2010, explain the material circumstances for why you issued such a denial while under oath.”

Hmmmm.

* * * * *

He came out ahead by coming up short.

Team Kimberlin Post of the Day

11 August, 2014, was not a good day for Brett Kimberlin. It was the first day of the Kimberlin v. Walker, et al. nuisance LOLsuit, the first of the four defamation cases he filed against me. The day was taken up with preliminary motions, most of which went against Kimberlin, and jury selection.

Also, an order came down in the Kimberlin v. Kimberlin Unmasked copyright LOLsuit denying Kimberlin’s motion for a default judgment.

I reported on both cases, and the news of the order in the copyright case must have really bothered Kimberlin. That post received a comment with some Unfriendly Advice.

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TK201408120026ZDon’t worry.RANGE_PHOTO

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Of course, the next day was even worse for Kimberlin. We’ll reminisce about that day in court tomorrow.

Team Kimberlin Post of the Day

While being sued by Brett Kimberlin was no laughing matter, most of his court filings were risible, The TKPOTD for six years ago today dealt with one of his sillier filings.

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Here’s the opposition to the motions to dismiss that The Dread Pro-Se Kimberlin filed in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.

I’m going to leave the comments enabled for this post, but I ask that the Insightful Commenters please refrain from educating the midget. Let the good guys’ lawyers do that at the hearing on 3 September.

popcorn4bkI noted yesterday that TDPK claimed to have served this opposition on the 6th when it appears that he actually sent it to my lawyer on the 8th. If he really did have this opposition finished on the 6th, that may explain why he felt able to take the 7th off to haul The Dreadful Pro-Se Schmalfeldt to the peace order hearing in Westminster. Or perhaps one of the reasons this opposition is such a slapdash bit of nonsense was that he was hurrying to get it done.

Whatever. It wasn’t due to the court until 1 September, but TDPK has left the defendants’ lawyers plenty of time to get over their laughter and formulate our replies.

Stay tuned.

* * * * *

That hearing in September didn’t go well for The Dread Deadbeat Pro-Se Kimberlin. While he was given permission to amend his complaint against me in order to make an viable claim, several of the defendants’ motions to dismiss were granted—and one of the grounds for dismissal was the court finding that Kimberlin’s reputation was so bad that it was not possible to defame him, that he was defamation proof.

Team Kimberlin Post of the Day

Just like all the other members of Team Kimberlin, Neal Rauhauser is a failure. He’s the author of the pro se litigation scheme that backfired so wonderfully against both Kimberlin and Schmalfeldt. While he had some short-term success doing social engineering for leftwing organizations, almost everything he has touched turned to lead instead of gold.

One of Rauhauser’s failed projects was a plot to get bloggers who were writing about Team Kimberlin thrown off of Twitter. His plan wasn’t well thought out and was poorly executed. It led to this post from eight years ago today which asked “Is #NealRauhauser Buying His Plans From Acme?

* * * * *

Neal Rauhauser has tipped his hand on his formerly sooooper seekrit plan to get a bunch nefarious right wing nut jobs (including me) off of Twitter. He’s been recording and archiving our “offending” tweets. He taken my name 1861 times so far which amounts to just over 1/3 of the total bad tweets he’s logged.

I feel like such a slacker.

Stacy McCain LOLs about Neal’s silliness here.

UPDATE—Neal’s list was supposed to inspire “panic” and cause “massive deletions.”

Uh, huh.

He panicked and deleted his list within a few hours.

LOL.

* * * * *

Rauhauser’s idea about using false accusations of targeted abuse did achieve a temporary bit of success a couple of years later when I was permanently banned from Twitter for targeted abuse. The ban was based on false accusations made by Brett Kimberlin when he filed a peace order petition against me in the name of his wife’s elder daughter. When the peace order petition was denied and denied again on appeal, the Kimberlin’s filed a false criminal complaint alleging the same set of facts. Because the facts couldn’t be proved to the preponderance of evidence standard for the peace order, there was no way the evidence could lead to a conviction under the higher standard required for a criminal case, the State’s Attorney quickly dropped the charge.

A few days after the charge was dropped, Twitter contacted me and offered me my account back. I’ve been back without issues for over six years, and Twitter is not as careless about what they say about suspended accounts or to whom they say it.

Team Kimberlin Post of the Day

Brett Kimberlin doesn’t like to take “No!” for an answer. The TKPOTD for five years ago dealt with one example of his pig-headedness.

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The Gentle Reader who has been following The Saga of The Dread Pirate Performer Pro-Se Kimberlin for several years should remember that TDPK lost the first LOLsuti he filed against me. That was the Kimberlin v. Walker, et al. nuisance LOLsuit. I was one of the et al. First, he lost five of his claims at summary judgment. Those were claims about which there were no disagreement concerning the facts, and we won as a matter of law. Then, he lost on his defamation and false light invasion of privacy claims at trial. He could not show that anything Aaron Walker, Stacy McCain, Ali Akbar, or I had said or written about him were false.

popcorn4bkBelieve it or not, the case isn’t fully dead yet.

TDPK appealed his loss to the Maryland Court of Special Appeals, and a three-judge panel of that court affirmed the Circuit Court’s findings. He asked for an rehearing by the entire court, and that was denied. He petitioned the Maryland Court of Appeals (the State’s highest court) for a writ of certiorari, and that was denied. He has now announced in a filing he made with the Fourth Circuit Court of Appeals that he will file a certiorari petition with the Supreme Court.

Everything is proceeding as I have foreseen.

* * * * *

And as I foresaw, there was no issue that could be appealed to there Fourth Circuit, and Kimberlin failed to file a certiorari petition with the Supreme Court.

Team Kimberlin Post of the Day

Before Brett Kimberlin filed his first LOLsuit against me, he filed an Application for Statement of Charges against me falsely alleging that I was harassing him. So before he sued me, he set himself up for my filing a civil action against hime for malicious prosecution. Eight years ago today I posted that #BrettKimberlin Makes My Day.

* * * * *

I know that Napoleon famously said not to correct your enemy when he is making a mistake, but Brett Kimberlin is gonna need a very good lawyer. As I mentioned earlier this evening, he has charged me with harassment. And he’s similarly charged Aaron Walker. I’ll let Aaron speak for himself, but now that I’ve talked to my counsel, I have this to say.FrenchTaunt

The charge is not only bogus. It’s stupid.

Brett Kimberlin is a convicted perjurer. He can’t give testimony in court. [See note below.] Regardless of what he puts in an Application for Statement of Charges, the Montgomery County State’s Attorney’s Office knows that there is no competent evidence in the document because Brett Kimberlin can’t back it up with testimony in court. Gentle Reader, why do you think that the charges he filed against Jay Elliott were tossed so quickly? It could take a couple of weeks, but nolle prosequi is really the only alternative, and that means the charges are dead in the water.

But pretend that through some silly error the State’s Attorney decides to prosecute. If the information in the Maryland Judiciary Case Search database is correct, proving the charge to be false will be a trivial matter.

Yes, the charge is facially false. That opens up all sorts of interesting possibilities. Knowingly filing a false charge is a criminal offense in Maryland, and it should be easy to prove that Kimberlin knew or should have known that the information he gave was bogus.

Also, I am a potential witness in legal matters relating to Team Kimberlin in three counties in Maryland and at least two other states. Is this charge an attempt to intimidate me? If so, it won’t work, and witness intimidation is frowned upon in Maryland.

Those are only two of the possible criminal liabilities that Kimberlin may have just created for himself, as if he doesn’t have enough on his plate with sexual offense in the third degree. Of course, I have possible civil remedies as well, as if a divorce and Bill Schmalfeldt’s frivolous motions, peace order appeal, and DMCA tomfoolery wouldn’t be enough to keep him Acme Legal busy. (Meep, meep!)

popcorn4bkThen there’s a potential problem stemming from how he may have used corporate assets of Justice Through Music Project to engage in his harassment aimed at BlogBash last March. Advocacy is one thing. Stalking is something else.

The Team Kimberlin ship has a big hole below the water line, and it looks like The Dread Pirate Kimberlin has opened the scuttlecocks.

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During the time that Kimberlin was suing me, Maryland was the last state with a law prohibiting convicted perjurers for giving testimony in court. He found out about his disability when my lawyer prevent him from testifying in the Hoge v. Kimberlin peace order hearing. He was never able to offer testimony in any of the state LOLsuits he filed against me.

However, the state senator representing Kimberlin’s district offered legislation repealing the ban on testimony from perjurers which passed in time to allow Kimberlin to be subjected to cross examination in the Walker v. Kimberlin, et al. and Hoge v. Kimberlin, et al. lawsuits.

Kimberlin’s felony convictions are so old now that they can’t be used to impeach his reliability as a witness in a Maryland proceeding—except for one—his conviction for perjury. A court and jury can be told of a prior perjury conviction regardless of how long ago it occurred.

Team Kimberlin Post of the Day

On Monday, I wrote about one of the times that Brett Kimberlin sought to have a judge disqualified. Today, we’ll take a look back to the TKPOTD for five years ago today. That post dealt with a failed motion for reconsideration of a certiorari petition based a false claim that a judge should have recused herself.

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Earlier this month, The Dread Pro-Se Kimberlin filed a motion for reconsideration with the Maryland Court of Appeals (the State’s highest court) seeking a do-over on his petition for a writ of certiorari appealing his loss in the Kimberlin v. Walker, et al. nuisance LOLsuit. He based his motion on “fact” that Judge Battaglia had been involved in the revocation of his parole back in the late ’90s when she was a U.S. Attorney and should not have participated in the decision to deny his petition. He withdrew his motion after Hogewash! pointed out that Judge Battaglia had retired on her 70th birthday, the same day that TDPK filed his petition for writ of certiorari.

Here is the motion for reconsideration that Kimberlin filed. In paragraph 3 he states that a letter from Judge Battaglia “featured false information that the [Parole] Commission relied upon to make an adverse decision against Petitioner.”

Kimberlin’s claim is not consistent with the actual record. When he sued the Parole Commission claiming that their reliance on the Battaglia letter was improper, the U.S. District Court of the DC found that the Commission had not relied on the letter in determining to extend his time in the slammer. The Gentle Reader can read for himself beginning on p. 6 in the memorandum order below that the decision to keep TDPK locked up for an additional two years was based on “information provided by plaintiff himself.” Judge Urbina concludes on p. 8: “It is apparent that the Parole Commission’s decision was based on plaintiff’s own statements and filings and not on the letter from the United States Attorney[.]”

Brett Kimberlin is not only a bad liar, he is a stupid one.

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Yep, everything proceeded as I had foreseen.