Team Kimberlin Post of the Day

Kimberlin was persistent in his lawfare, but he wasn’t very good at it. The TKPOTD for eight years ago today shows why it often seemed I was engaged in a battle of wits with an unarmed man.

* * * * *

Sometimes, I wonder where Brett Kimberlin’s elevator makes it all the way to the top. Consider this allegation from his omnibus opposition to the motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 231-72

He’s made that allegation multiple times in his RICO filings. He’s also always included a copy of the email containing this supposed threat. Here’s what he included with his omnibus opposition.ECF 231-Ex13We can zoom in on that to make it easier to read.

ECF 231-Ex13zoomNote that the evidence he includes does not say what he says it says. It doesn’t include the words “LEAVE HIM ALONE.” That discrepancy has been pointed out to him every time he’s made the allegation, but he still persists in making it and offering the same non-supporting evidence.

Go figure.

Oh, and this isn’t the only instance of The Dread Pro-Se Kimberlin offering evidence that contradicts his claims.

His case is a few bolts shy of a Lada.

* * * * *

The Truth is out there. But Kimberlin seems to have no idea where.

Team Kimberlin Post of the Day

When it had become obvious that Brett Kimberlin’s RICO 2: Electric Boogaloo LOLsuti (aka, Kimberlin v. Hunton & Williams, et al) was dead in the water, The Deadbeat Pro-Se filed a motion for leave to amend his complaint. Of course, he failed to include his proposed amended complaint as required by the court’s rules, and Judge Hazel wasted no and ordered Kimberlin to get his act together. Seven years ago today, I noted Well, That Was Quick.

* * * * *

Judge Hazel has ordered The Dread Pro-Se Kimberlin to comply with the Court’s Rules.

popcorn4bkThere are a couple important things that Judge Hazel did not do. First, he did not bend the Rules in order to cut a pro se plaintiff any undue slack. Second, he has taken no steps to grant TDPK any “relief” from the requirement that he obey the protective order in the Kimberlin v. Frey RICO Remnant LOLsuit. It will interesting to see if TDPK is capable of dotting the Is and crossing the Ts properly.

UPDATE—Oooooh, I just noticed something else. “… shall file and serve …”

Heh.

* * * * *

Yeah. And serve. The judge was clearly tiring of complaints for other persons about Kimberlin’s failure to serve court papers in a timely manner, if at all.

Team Kimberlin Post of the Day

I’ve recently had some request for more background on Brett Kimberlin and his campaign of lawfare. The TKPOTD from seven years ago today is a good summary of the first five years of the Saga.

* * * * *

Brett Kimberlin is a convicted perjurer, drug smuggler, and serial bomber. He doesn’t like people talking about that, and for the past several years, he’s been trying to use the legal system to punish people who speak and write about him.

I started writing about Brett Kimberlin when I became aware of Lee Stranahan’s proposal for Everyone Blog About Brett Kimberlin Day. That blogburst was scheduled for Friday, 25 May, 2012, but I first wrote about Kimberlin a few days earlier in the context of his harassment of Stacy McCain’s family. From there, I picked up the story of Kimberlin’s harassment of Aaron Walker, initially focusing on the unconstitutional gag order that was a part of a peace order issued against Aaron. That order forbade Aaron from writing about Kimberlin or speaking about him publicly. Because I believe that ridicule is a powerful weapon against self-important jerks, I began referring to Kimberlin as Lord Voldemort (He Who Must Not Be Named).

As the to-and-fro of the lawfare went by, a Bloggers Defense Fund was created to assist with Aaron Walker’s legal expenses. Kimberlin responded by putting up a pirate-themed website called the Bloggers Offense Team. It was a failure, but it led me to begin referring to Brett Kimberlin as The Dread Pirate Kimberlin and his fanboys by similarly themed nicknames. (I did not come up with Cabin Boy Bill Schmalfeldt. Credit goes to commenter monitor2112 for that.) TPDK has also come to stand for The Dread Performer Kimberlin, The Dread Pedo Kimberlin, and The Dread Pro-Se Kimberlin—each of those has had some connection to his story as it has unfolded over the past three-plus years.

By the end of October, 2012, I had become a target of harassment by Team Kimberlin (as his supporters have become known) as well, and I received a SWATing threat. When that didn’t work, various bits of cyberharassment were tried. When those proved ineffective, a false criminal charge was filed. When the prosecutor dropped that charge for lack of evidence, the first of four frivolous lawsuits was filed. When the first lawsuit failed and the second lawsuit was on the skids, a bogus peace order and two more lawsuits were filed. When the bogus peace order petition was denied and the second lawsuit dismissed, false complaints were filed against my personal and business Twitter accounts and another false criminal charge was filed. When that second criminal charge was dropped for lack of evidence and my business Twitter account was restored, I was served with an abusive subpoena in the remnant of one of the lawsuits from which I’ve been dismissed and sanctions are being sought against me because I didn’t have what The Dread [insert title] Kimberlin wanted. And so it goes.

All this bullshit from Kimberlin boils down to an attempt at brass knuckles reputation management, and it keeps blowing up in his face—in part because I won’t be intimidated. He’s trying to use the legal system to prevent people from exercising their First Amendment rights to talk about him, his past, and his present activities. I don’t intend to let him get away with it. I will aggressively defend my First Amendment rights and support and assit others as they defend theirs.Molon_Labe

* * * * *

Kimberlin’s focus for most of the past five years has been his failed attempt to attack his Speedway Bombing convictions. A couple of weeks ago, the Supreme Court put the kibosh on that by denying his appeal.

Team Kimberlin Post of the Day

One of the claims that Brett Kimberlin tried to raise against a dozen of my codefendants and me in his RICO Madness LOLsuit was that we had conspired to deprive him of civil rights in violation of 42 USC §1985. The TKPOTD for eight years ago today, examined one of his attempt to keep that false claim alive.

* * * * *

In his opposition to Lee Stranahan’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin tries to keep his Ku Klux Klan Act (42 U.S.C. § 1985) claim alive.ECF 249-17

Actually, invidious discrimination is one of the element of a § 1985 offense. Here’s what the Supreme Court had to say:

The language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action.

Griffin v. Breckenridge, 403 U.S. 88, 102 (1971). There’s nothing in TDPK’s second amended complaint that alleges that any defendant discriminated against him because of his race. (As Stacy McCain noted while Kimberlin had him on the witness stand in the state lawsuit, “You’re white, by the way.”) The closest he’s ever come making a class-based claim was when he tried to sell the idea that he was being discriminated against because of his criminal record, but that isn’t in the second amended complaint. Even if it were, felons are not a protected class.

popcorn4bkI expect to see some pretty wild stuff thrown out by TDPK as the we get closer to the end to the RICO Madness. Monday should bring some interesting things to PACER.

Stay tuned.

* * * * *

Yes, Brett Kimberlin is a felon, and even if he had succeeded in getting the Supreme Court to erase his Speedway Bombing convictions, he’d still have felony convictions for perjury and drug smuggling.

Team Kimberlin Post of the Day

Although it has lain fallow for over four years now, on of Team Kimberlin’s principal PR organs was the Breitbart Unmasked website. The site’s occasional editor Bill Schmalfeldt call it his “prime source for news, hearsay, lies and innuendo. Oh, yeah. Smears, too!” Eight years ago today BU published a long defamatory screed attacking Aaron Walker, and it was full of hearsay, lies, innuendo, and smears. And sealed court discovery, too! That’s only the opening paragraph. The Gentle Reader can find the whole post still active on the BU website.

Here’s Bill Schmalfeldt’s concern troll comment to the post.It wasn’t Aaron Walker’s blog about free speech and pictures of Muhammed that drew Brett Kimberlin’s interest and ire. It was Aaron’s pro bono legal assistance to a left-wing blogger who Kimberlin had sued for defamation.

It’s was Kimberlin’s attacks on Aaron’s First Amendment rights that backfired and drew the attention of the blogosphere to past and current activities.

Team Kimberlin Post of the Day

Sometimes, a blog’s comments are better than the post itself. That was true for the TKPOTD from seven years ago today.

* * * * *

Last week was a pretty good week. Aaron Walker’s motions to dismiss and for summary judgment were granted in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit. The remaining motions in the case will be heard on 10 March. It wouldn’t surprise me if the case is completely over after that hearing.

res_judicata_tshirtJudge Mason threw out all of the claims against Aaron on two grounds. First, he granted summary judgment on all the claims except part of the invasion of privacy nonsense on the basis of res judicata. He also granted summary judgment on the same bases as his motions to dismiss the six defendants who were dismissed back in September. Those includes failure to state a claim upon which relief can be granted and lack of personal jurisdiction for out-of-state defendants. (The court might have had personal jurisdiction over Aaron based on the battery claim, but that was wiped out by res judicata.)

The judge also found that The Dread Pro-Se Kimberlin had failed to state a claim upon which relief can be granted concerning the privacy torts TDPK alleged that weren’t covered by res judicata.

popcorn4bkThe net of this is that TDPK probably has no case left. Each of the other out-of-state defendants can point to rulings for the seven defendants who have been dismissed and say, “Me too!” Ali Akbar and I can point to Aaron’s ruling concerning res judicata and say, “Us too!” (But Ali may not have to bother because TDPK hasn’t served him.)

It will be interesting to see how Team Kimberlin spins out of control between now and 10 March.

Stay tuned.

* * * * *

Several commenters responded with limericks.

Charles Hudson
There once was a bomber from Speedway,
who whined to the courts for more leeway.
His motions were tossed,
and his cases were lost,
for his fantasy was but a …

… I can’t quite figure out that last word. Someone help me out here.

Vigilans Vindex
There once was a bomber from Speedway,
who whined to the courts for more leeway.
His motions were tossed,
and his cases were lost,

So now he’s a case for the DA.

BusPassOffice
And his good friend was a child pornographer
made stories without a photographer
but he preyed on small young boys
with nothing more than filthy noise
And then ran from the gathering stenographers

AJ Fornicarius Hoc
There once was a bomber from Speedway,
who whined to the courts for more leeway.
His motions were tossed,
and his cases were lost,

But sanctions? Not likely will he pay.

Heh.

Team Kimberlin Post of the Day

The whole of Team Kimberlin’s lawfare campaign was a pack of lies aimed at undermining the credibility of bloggers and reporters who were writing about Brett Kimberlin. Now, you’d think that people with that much practice at lying would at least be competent at it, but competence was rare among the members of Team Kimberlin. The TKPOTD for nine years ago was about an attempt by Matt Osborne (aka Xenophon) to lie about the progress of one of Kimberlin’s LOLsuits.

* * * * *

Xenophon is telling lies over at Breitbart Unmasked again (No, I won’t link to it.)—BU20140114Z9871receiptWhat really happened was that The Dread Pro-Se Kimberlin’s motion for alternate service on Ali Akbar was denied. You see, Maryland Rule 2-121(a) requires that service of process via mail be by Certified Mail, Return Receipt Requested, Restricted Delivery. Unfortunately, TDPK didn’t check the box for Restricted Delivery on the Certified Mail green card. Also, and this is confirmed by the USPS mailing receipt he filed as an exhibit in his RICO status of service report, he didn’t pay for Restricted Delivery either. The Restricted Delivery charge in 2013 was $4.75 in addition to the $5.65 for Certified Mail with Return Receipt. Sure enough, the copy of the green card that Kimberlin filed with his motion for alternate service does not have the Restricted Delivery “Yes” box checked. Even if he had mailed the package to correct address, service would have not been valid.9871_a

Meanwhile, TDPK was unhappy that Ali’s lawyer was not being cooperative, that is to say, was looking out for his own client’s interests. In a fit of pique, TDPK filed a motion for sanctions against Ali’s lawyer, and, to make sure that he got it right this time, he included an exhibit that showed the green card with the box checked.9871_b

And he got caught.

And Judge Burrell was not amused by having two versions of the same document from the same party. Motion denied!

Furthermore, at no time during the hearing did Judge Burrell verbally order Ali’s lawyer to disclose Ali’s current address to TDPK, and she has not sent any such written order to Ali’s lawyer.

So what we have here is a notorious liar lying about what happened when a convicted perjurer got caught filing an apparently forged document with a court.

#Fail

* * * * *

That one check mark wound up costing Kimberlin dearly.

Team Kimberlin Post of the Day

In yesterday’s TKPOTD, I took note of Brett Kimberlin’s felony convictions that he had racked up prior to the Speedway Bombing trials. Ten years ago today, this post about Dread Pirate #BrettKimberlin and Gun Control looked at the weapons in his possession when he was busted for drug smuggling.

* * * * *

Those who feel that adding more laws to the 20,000+ gun control laws now on the books will have any effect on reducing crime should consider the case of Brett Kimberlin. He was convicted of a felony before he turned 20. As a felon, he is barred by federal law from possessing a firearm. With that in mind, let’s take a look at what Mark Singer writes on p. 106 of Citizen K about what TDPK had in his possession when he was busted for drug smuggling.

… strobe lights, walkie-talkies, a twenty-thousand-watt searchlight, bulletproof vests, handcuff, two Taser electric-shock-inducing stun guns, several military uniforms and berets bearing United States Special Forces and Special Officer and Department of Defense and American flag patches, U. S. Postal Service uniforms, a 20-gauge shotgun, a .22-caliber revolver, a .22-caliber automatic pistol with a silencer, a.38-caliber revolver, a box of silicone-sealed .38-special shells loaded with cyanide, a gas mask, and eight pairs of panty hose.

Other passages in the book mention TDPK in possession of an AR-15 rifle.

TDPK was not impressed by and had no respect for the Gun Control Act of 1968 that outlawed his possession of firearms. You know, it might just be the case that other criminals will be willing to break that law, and enacting more laws probably won’t restrain them any more effectively.

* * * * *

Of course, The Deadbeat Pro-Se Kimberlin’s legal career consisted of nothing except shooting blanks.

Team Kimberlin Post of the Day

It was eleven years ago today that Brett Kimberlin tried to use his iPad to take a picture of Aaron Walker in the waiting area outside Judge Rupp’s courtroom in the Montgomery County Courthouse. Given the context of the of the statements The Dread Deadbeat Pro-Se Kimberlin had made, Aaron interpreted Kimberlin’s movements as threatening, and he acted to disarm Kimberlin by taking the large object Kimberlin was brandishing out of his hands.

Things went downhill from there, and TDPK built a false narrative around the event which resulted in a bogus peace order against Aaron, Aaron being arrested on a false charge related to that order, and years of follow-on lawfare. Oh, and lots of adverse publicity for Brett Kimberlin.

BTW, taking a photograph in a Maryland courthouse without permission from a judge is against the law.

Oh, one more thing … IANAL, but wouldn’t Kimberlin’s threatening gesture with his iPad constitute an assault on Aaron Walker?

Team Kimberlin Post of the Day

My podcasting partner and former fellow codefendant Stacy McCain refers to Brett Kimberlin as The World’s Worst Pro Se Plaintiff™. The TKPOTD for seven years ago today displayed one of The Deadbeat Pro-Se Kimberlin’s dumbest moves in any of the case he filed against me.

* * * * *

The Gentle Reader may remember that I have filed a motion for sanctions against The Dread Pro-Se Kimberlin for failure to properly serve court papers on me in the Kimberlin v. Team Themis, et al. RICO2: Electric Boogaloo LOLsuit. I received this in the mail on Saturday. It appears to be an opposition to my motion.

Note: This is the first court document published under the new Hogewash! policy of not usually redacting signature blocks on public court documents.

Comments are open, but please don’t educate the midget on his mind-bogglingly stupid error.

UPDATE—A further note about redaction: In general, home addresses and home telephone numbers will still be redacted. Business contact information will not be.

* * * * *

On 21 July, 2017, Judge Hazel filed his memorandum opinion granting summary judgment in Patrick Frey’s favor and bring the case Kimberlin filed in October, 2013, to an end. Of course, Kimberlin appealed, and of course, he lost in the Fourth Circuit as well.

Now that case has been dead for over five years, I suppose I can point out the worst of Kimberlin’s errors in that filing. It violated one of the requirements of the case management order it cites—

No motion, opposition, or reply may contain any redundant, immaterial, impertinent, or scandalous matter, or any ad hominem attack on any party, any Judge or employee of this or any Court, or any other person.

Incompetent is as incompetent does.

Team Kimberlin Post of the Day

Brett Kimberlin filed his RICO Madness LOLsuit against me and my codefendants (there were 24 defendants in the case at one point) in the middle of October, 2013. It took until January, 2105, to get all of the preliminary motions filed, oppositions filed, and relies filed. The TKPOTD for eight years ago today dealt with the beginning of the end of that LOLsuit.

* * * * *

The replies to The Dread Pro-Se Kimberlin’s omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness are due by next Thursday. I have reason to believe that some will be filed earlier, and if they are, I’ll post them as they become available on PACER.

I hope that there will not be much delay between those replies being filed and the judge ruling on our motions.

Stay tuned.

* * * * *

It wasn’t until the middle of March, 2015, that the case was finally dismissed, except for one count against Patrick Frey.

Speaking of staying tuned, Kimberlin’s petition to the Supreme Court for review of his Speedway Bombing conviction was circulated to the justices for their conference this Friday. We may know more about the fate of that case soon.

Team Kimberlin Post of the Day

Part of Team Kimberlin’s PR effort was to threaten those of us being sued by the Dread Deadbeat Pirate Pro-Se Kimberlin with the direst of dire direness if we didn’t settle on terms favorable to the plaintiff. One of the early threats that fizzle was that Kimberlin had found a top notch lawyer who would crush us in court. The Bonus Prevarication Du Jour from nine years ago today was about one of Matt Osborne’s (aka Xenophon) attempts to spin that yarn.

* * * * *

Here’s another whopper from Xenophon at Breitbart Unmasked (No, I won’t link to it).BU20131223If The Dread Pro-Se Kimberlin really has found a lawyer willing to represent him, that lawyer will be filing an appearance with the court, and that should appear on the docket. Soon. As of this evening, the online database for the Kimberlin v. Walker, et al. lawsuit still shows Brett Kimberlin as pro se, that is, representing himself without counsel.

I suspect that Xenophon is simply lying. The post containing that statement is dated 23 December. That’s the same day that Brett Kimberlin filed his latest round of motions in the lawsuit, and they were filed pro se rather than through counsel. I’ll believe that TDPK has found a lawyer willing to risk his law license by signing on to the claims in Kimberlin’s Amended Complaint when I see his appearance in the case docket or see him show up in court.

OTOH, Xenphon’s “sources” may have told him that TDPK has a competent lawyer. If that’s the case, it may be time for a med check.

* * * * *

Brett Kimberlin has managed to talk a law firm into providing him with pro bono representation for his petition seeking the Supreme Court review the Seventh Circuit’s denial of his attempt to have his Speedway Bomber convictions set aside. His petition has been distributed to the justices for their conference on 6 January.

Stay tuned.

Team Kimberlin Post of the Day

After I wound up as a defendant in several First Amendment lawsuits, I began doing volunteer paralegal work supporting other bloggers defending their free speech rights. A large part of that work has been proofreading court papers. The TKPOTD for eight years ago today included some proofreading I offered to The Dread Deadbeat Pro-Se Kimberlin.

* * * * *

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

* * * * *

I’m not done with him yet.

Team Kimberlin Post of the Day

Stacy McCain refers to Brett Kimberlin as The World’s Worst Pro-Se Litigant™. The Dread Deadbeat Pro-Se Kimberlin is certainly a strong contender for that title. The TKPOTD for nine years ago today dealt with one oversight in his planning for the RICO Madness LOLsuit.

* * * * *

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

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

* * * * *

Incompetent is as incompetent does.

Team Kimberlin Post of the Day

TeaTeam Kimberlin The TKPOTD for eight years ago today provided a summary of why Brett Kimberlin would lose the federal claims in the RICO Madness LOLsuit and why he would lose the state claims he tried to keep alive in his RICO Retread LOLsuit.

* * * * *

The Dread Pro-Se Kimberlin wrote in one of his filings that Ace of Spades lawyer was being “hyper technical” by insisting that Kimberlin was suing the entity actually called out in his Kimberlin v. The Universe,et al. RICO Madness complaint rather than a third party. In his omnibus opposition to the motions to dismiss the RICO Madness he claims that we defendants are relying on technicalities rather than facts.ECF 231-2This is ripe for fisking.

<fisking>

Because there is no truth to their defamatory statements …

The reason TDPK lost his state Kimberlin v. Walker, et al. lawsuit was because he couldn’t show that anything we said and wrote about him was false. The doctrine of res judicata prohibits him from retrying those issues related to defamation. He can now longer use any of the evidence that he raised in that trial against Aaron Walker, Stacy McCain, Ali Akbar, or me. Not only that, but he can’t use any of evidence that was available to him at the time that he could have raised but failed to do so.

… they instead ask the Court to dismiss the case for many technical reasons, …

“Technical reasons” means points of law.

… such as, 1) the three year statute of limitations should not apply to the false light claim, …

Yep. It should. The Smith v. Esquire decision that says so is a binding precedent in the District of Maryland. Kimberlin has misrepresented the Allen v. Bethlehem Steel case as being a ruling of the Maryland Court of Appeals which would be a binding interpretation of state law. In fact, it is a decision from a lower court and isn’t binding on the U. S. District Court. Also, TDPK has provided a false citation to the case.

… 2)  defamation and false light cannot apply to Plaintiff because he is a public figure and 3) defamation proof, …

I don’t recall any of the defendant arguing that a public figure can’t sue for defamation or false light, but several of us have pointed out that Brett Kimberlin’s reputation was so bad before we ever wrote or said one word about him that it was impossible to take it any lower. Brett Kimberlin is a convicted serial bomber like Ted Kaczynski (the Unabomber), and convicted serial bombers are notorious public figures with bad reputations.

… 4) the Defendants did not engage in a RICO Enterprise, …

As a matter of fact, we didn’t, and simply say that we did without saying who did what to whom on which day is not a well-plead allegation as required by Federal Rule of Civil Procedure 8.

… 5) the First Amendment allows fair comment …

Yes, it does.

… 6) Defendant Frey did not act under color of law, …

Well, he didn’t, and the U. S. District Court for the District of Southern California ruled that he didn’t in the very similar Naffe v. Frey case. Given that the facts of that case are so similar to the half-baked allegations in the RICO Madness, given that TDPK has not explained why that court got anything wrong, and given the rulings in similar cases by the Fourth Circuit (the next higher federal court to the District of Maryland), Kimberlin doesn’t have much of a case here.

… and 7) the SAC violates the Maryland Anti-SLAPP statute.

SAC stands for “second amended complaint,” and, yes, it does. It has the effect of chilling discussion of a topic of public interest.

Each of these and other arguments is without merit and belied by the facts and law.

Uh, huh.</fisking>

#SMH

* * * * *

And his follow on cases, RICO Remnant; RICO 2: Electric Boogaloo; RICO 3; and Kimberlin v. McConnell, et al. were even more shoddily crafted—and losers every one.

Team Kimberlin Post of the Day

Brett Kimberlin originally got tagged here at Hogewash! as Lord Voldemort (He Who Must Not Be Named) because of his futile attempt to use peace orders to punish Aaron Walker from writing about him. After Kimberlin put up a pirate-themed Bloggers Offense Team website, I began referring to him as The Dread Pirate Kimberlin. That evolved into The Dread Pro-Se Kimberlin, The Dread Perjurer Kimberlin, and more. After Kimberlin began defaulting on payment of sanctions and court costs, Dread became Deadbeat.

Brett isn’t the only member of the Kimberlin family to be sanctioned for misbehavior in a lawsuit. This TKPOTD first ran five years ago today.

* * * * *

Aaron Walker sought discovery sanctions against Tetyana Kimberlin because of her failure to be deposed during discovery in the Walker v. Kimberlin, et al. lawsuit. Sanctions have been granted.398855v-di_376The Kimberlins sought to recover their expenses defending the suit. Their motion was denied.398855v-di_378Everything is proceeding as I have foreseen.

* * * * *

Neither of the Kimberlin’s has paid a dime of the sanctions and court cost they owe.

It would be wise for them to rectify that failure.

Team Kimberlin Post of the Day

Did I mention that Brett Kimberlin is a liar? Oh, yeah. I did. The TKPOTD from nine years ago makes that very point.

* * * * *

RICOMadnessWhile doing research on The Dread Pro-se Kimberlin’s previous lawsuits, I found this interesting bit of testimony. It’s from the transcript of the damages hearing in his suit against Seth Allen.

Q Were you released and then sent back to prison for a parole violation, for failure to pay compensation to the, Ms. Delong (phonetic sp.), the wife of Carl Delong, who took his own life after those bombs —

A No.

Q — tore up half his body?

A No, I wasn’t.

Of course, TDPK did have the parole for his bombing and drug smuggling sentences revoked, and one of the reasons was his failure to make restitution to Mrs. DeLong.

In the same proceeding TDPK also testified as follows:

Q Okay. That, how many lawsuits have you filed over your lifetime?

A I have none.

Wow. Even after being reminded of the DeLongs, TDPK wasn’t able to remember suing the widow of Carl Delong, the victim of his eighth bomb, to keep her from attaching funds in his prison commissary account that were due to her as restitution. Of course, his memory isn’t always so faulty. From time to time, he brags of filing “over a hundred” lawsuits.

Speaking of judgments, Kimberlin didn’t win the Allen case on its merits. He secured a default judgment because Seth Allen didn’t respond in a timely manner. Kimberlin’s suit sought $2,250,000 in damages. After hearing about the “damages” TDPK had suffered after being “called a pedophile, a murderer, a fraudster, a con man, [and] a terrorist,” the judge awarded him a hundred bucks.

A default judgment is unlikely in TDPK’s Kimberlin v. The Universe, et al. RICO suit. I’m led to believe than none of the defendants who have been served are willing to settle and that they are busily filing or preparing to file Motions to Dismiss. If Kimberlin is lucky, the court will dismiss the case based on those motions. Otherwise, it is likely that several defendants will file counterclaims and be successful with Motions for Summary Judgment. That could be quite expensive for TDPK.

* * * * *

He’s also a loser. The few organizations that made the mistake of settling the RICO Madness LOLsuit with him would have beaten him if they’d stuck with us.

Team Kimberlin Post of the Day

It’s been nine years since I filed my first motion to dismiss against one of Brett Kimberlin’s vexatious lawsuits. Here’s the TKPOTD for nine years ago today.

* * * * *

RICOMadnessThe Dread Pirate Pro-Se Kimberlin has filed a frivolous and vexatious RICO lawsuit against 20+ defendants, including me. I was given 60 days from 19 October to respond to his Amended Complaint. I have done so with a Motion to Dismiss. Under Local Rule 105, TDPK now has 14 days to file any opposition to my motion.

Here is a copy of my motion. I do not wish to make any further public comment on it until the judge has ruled on it.

* * * * *

I took until March, 2015, to finally beat that first RICO Madness LOLsuit.

Team Kimberlin Post of the Day

One of my favorite moments in court with Brett Kimberlin was a day when started to testify and my lawyer objected because he was a convicted perjurer. Maryland was the last state that forbade perjurers from testifying in court, a disability since repealed via a bill offered by Kimberlin’s state senator. The TKPOTD for nine years ago today dealt with Team Kimberlin’s silly attempt to get me tagged with the same disability. It came after the peace order against Bill Schmalfeldt was renewed.

* * * * *

Nice try, but a real losing proposition …P-O20131210

“Knowing what the outcome would be …” My, my, my … that’s almost an admission by Bill Schmalfeldt that the charges filed were knowingly false. Still, you have to admire the chutzpah of Team Kimberlin that allowed them to so brazenly attempt to put one of the defendants in The Dread Pirate Kimberlin’s vexatious Kimberlin v. Walker, et al. under the same disability to offer testimony as TDPK.

(For those of you just beginning to follow the Saga of The Dread Pirate Kimberlin, Brett Kimberlin is a convicted perjurer, and Maryland has a law that prohibits convicted perjurers from testifying in any court proceeding.)

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Of course, getting relief from that disability backfired on Kimberlin. He wound up having to be cross examined at later trials.

Team Kimberlin Post of the Day

IANAL, and I haven’t filed over a hundred lawsuits like Brett Kimberlin, but it didn’t take me long to see that his complaint in his RICO Madness LOLsuit was incompetently drafted. This post first ran nine years ago today.

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RICOMadnessI’ve been going through The Dread Pirate Kimberlin’s Kimberlin v. The Universe, et al. RICO suit trying to figure out what case might actually be there. In order for a civil RICO complaint to stand up in court, the plaintiff has to properly allege two separate predicate criminal acts by the RICO enterprise. Here’s one of TDPK’s attempts at do so—BKvNBC136Ooooooh! Obstruction of Justice! That’s sounds evil.

18 USC § 1503 deals with trying to interfere with or intimidate a federal juror, officer of a federal court, or a federal judge. TDPK fails to explain which defendant did that to any juror, officer of the court, or judge.

18 USC § 1510 deals with bribery. TDPK fails to accuse any defendant of bribing anyone.

18 USC § 1511 deals with facilitating an illegal gambling business. You can bet that he doesn’t mention gambling, legal or illegal, in his complaint.

Fail.

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And indeed, all of the suits he’s filed during the past decade have failed.

Team Kimberlin Post of the Day

It’s obvious that Brett Kimberlin projects his own motivations on to others, as can be seen in the TKPOTD for nine years ago today.

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This paragraph is from The Dread Pirate Kimberlin’s Kimberlin v. The Universe, et al. RICO lawsuit.BKvUniverse150I wonder where Brett Kimberlin got the idea of using a false narrative for money raising as a business model?

nrawatch dot org
prosecutenewscorp dot com
kochwatch dot org
americancrossroadswatch dot org
indictbreitbart dot org
issaoversight dot org
pussyriotdefensefund dot org

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jtmp.org
prtectourelections.org

Team Kimberlin Post of the Day

One of the differences between this blog and the online screeds published by Team Kimberlin is that Hogewash! tries to follow stories through to their conclusions. Consider this TKPOTD from seven years ago today.

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Everything is proceeding as I have foreseen—but you wouldn’t know it from reading Bretibart Unmasked Bunny Boy Unread. 57F Osborne was all hot to promote the bogus peace order petition and the false criminal charge filed against me earlier this year and The Dread Pro-Se Kimberlin’s frivolous RICO Retread LOLsuit. He hasn’t been so keen to cover what has really happened in those cases.

Cabin Boy™ Bill Schmalfeldt has described Bretibart Unmasked Bunny Boy Unread as a “prime source for news, hearsay, lies and innuendo. Oh, yeah. Smears, too!”

Just so.

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I saved the cartoon comment to the original post from Vigilant Vindex.Neither Matt Osborne nor Bill Schmalfeldt ever reported on Kimberlin’s court room failures.

Team Kimberlin Post of the Day

This Thanksgiving Day, I followed my usual practice of giving Team Kimberlin a day off. Eight years ago today we saw the Day Off Cancelled.

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I was going to give Team Kimberlin a day off for Thanksgiving, but circumstances alter cases. I went to bed very early last night, so the call that came in at 8:52 went to voicemail. I didn’t listen to it until I was drinking my coffee this morning.

Team Kimberlin are a bunch of cowards. I’ve been pointing that out since 2012. Threats and insults sent from spoofed IPs, sock puppetry on Twitter, and harassing phone calls sent from spoofed numbers are how these gutless wonders engage those of us who speak and write about them. (Note: It’s interesting that they use the phone harassment quite a bit here in Maryland which one of the states that does not allow voiceprint evidence to be used in court. OTOH, it can be admissible in federal court.)

Last night’s call was a real prize. I doubt that the person whose voice is on the call would actually show up at Hoge Manor for dinner today. He knows what the consequences would be, and, in spite of his ranting about cowards on Twitter, he doesn’t have the audacity required.

According to the caller ID data, the number spoofed belongs to someone I’ve never heard of in Columbia, Maryland and who happens to have a number on the same 596- exchange as my cell phone. Several other recent harassing calls have come from random 596- numbers. Other calls have IDed as from local Carroll County phones, including county government agencies. (Suggestions for Team Kimberlin: You might want to verify whose numbers you’re using. You also might want to google the name Joseph Curran.)

Team Kimberlin should consider these words from George Orwell: Do remember that dishonesty and cowardice always have to be paid for.

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Team Kimberlin, and Brett Kimberlin in particular, have been deadbeats in paying off their debts. Interest, both financial and karmic, is accruing.

Team Kimberlin Post of the Day

In March, 2015, my motion to dismiss was granted in the Kimberlin v. National Bloggers Club, et al. (II) federal suit (aka the RICO Madness LOLsuit). However, one count in the case remained alive against Patrick Frey. (Kimberlin v. Frey, aka the RICO Remnant LOLsuit). Brett Kimberlin kept me involved in the case via a subpoena seeking evidence during discovery. The TKPOTD for seven years ago today dealt with my response to that subpoena.

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I have received the following subpoena:

I have provided the following response:

The redactions of the privilege log and one email are for the benefit of third parties not connect to the LOLsuit.

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Because the subpoena was improperly served on me, I could have blown it off. I chose to fully respond for two reasons. First, I had nothing that would help his case, and I enjoyed pointinh out one of the reasons I couldn’t give him everything he wished for was because his false reports of harassment to Twitter had limited my access. Second, I hoped that voluntarily responding would prevent any further involvement in the matter.

I was wrong on point two.

Because Kimberlin received copied of emails for other discovery which I had trashed as part of my routine account maintenance, he sought to have me sanctioned. Of course, I opposed his attempt, and the dueling motions kept me in the case until Kimberlin finally lost and his sanction motion became moot.

Team Kimberlin Post of the Day

Brett Kimberlin’s attempt to use lawfare to regain control of the narrative relating to his criminal past and activist present failed. Not only was he unable to squelch blogs like Hogewash!, he even lost control of the spin being emitted from his associates on Team Kimberlin. The TKPOTD for seven years ago today pointed out one instance when Kimberlin and Bill Schmalfeldt got stories crossed.

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The Cabin Boy™ is still maintaining that Lynn Thomas is Paul Krendler. Meanwhile, The Dread Pro-Se Kimberlin is on record (in his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit) as claiming that I am Krendler.

They can’t both be right, but they can both be wrong.

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And they both can be, and are, losers.