Neal Rauhauser was the actual architect of Team Kimberlin’s strategy of using frivolous pro se litigation to harass their perceived enemies. I was on the receiving end of two of The Dread Deadbeat Pro-Se Kimberlin’s RICO LOLsuits, and I wasn’t surprised by the first RICO claim because Rauhauser had tipped their hand over a year in advance. This post about RICO and Patterico is from nine years ago today.
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Neal Rauhauser has a pattern of letting things slip through careless blogging, emails, or tweets. Patrick Frey believes he has picked up on plans for a RICO suit targeting him and other bloggers.
Mr. Rauhauser, once you sue, the discovery process will begin. It works both ways. Is that really what you want?
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Indeed, only two of the many cases brought by TDPK made it to the discovery phase, and discovery did not go well for Kimberlin in either.
I had to send a lot of correspondence, usually emails, related to the various court cases connected to Team Kimberlin. The letter referenced in the TKPOTD from four years ago today was one of the most satisfying to send.
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The Gentle Reader who has been following the twists and turns of the Hoge v. Kimberlin, et al. lawsuit may remember that defendants were not especially cooperative with my discovery requests and that they failed to seek any discovery from me before discovery closed. A few days ago, I received a belated request for production of documents and a deposition notice from the Kimberlins. I sent them this reply.
A big part of Brett Kimberlin’s litigation record as The Dread Deadbeat Pro-Se Kimberlin has been the filing of futile court motions. Just this week, his gimme-a-free-lawyer motion was rejected by the Seventh Circuit Court of Appeals. The INMTUYK for six years ago today was about another failed request to a court.
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The Dread Pro-Se Kimberlin has sent this to the judge in the Kimberlin v. Frey remnant of the Kimberlin v. The Universe, et al. RICO Madness.
UPDATE—There are an amazing number of errors in this filing, but I’ll point out just two for now.
First, TDPK says he wants to add the Los Angeles DA’s Office and the FBI as defendants. Does he mean the City of LA or the County of LA? However, that question is moot, because, second, the court has ordered that TDPK may not make any further amendments to his LOLsuit.
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It was an FBI Special Agent who busted Kimberlin in Indianapolis in the arrest that led to his car being impounded and searched and bomb making materials found in the trunk. Maybe he still got a grudge.
As the TKPOTD from seven years ago today notes, criminals are often uncomfortable when they have to interact with law enforcement personnel.
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Here’s some more of The Dread Pro-Se Kimberlin’s whining from his proposed second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness.Now, I can understand why TDPK is a bit edgy around FBI agents. Not all his experiences with them have been comfortable for him.
—U.S. v. Kimberlin, 805 F.2d 210, 228 (7th Cir. 1986)
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Kimberlin is one of the few people, perhaps the only person, who knows what the Seal of the President of the United States tastes like.
Ken at Popehat has a post summarizing the Kimberlin brouhaha. (H/T, Jonathan H. Adler) He mentions that he is looking for lawyer to support a couple of yet unidentified bloggers facing legal harassment, one in Central Florida and one in Middle Tennessee.
Akbar is not the only additional victim. I’m trying to help another blogger faced with particularly despicable lawfare, apparently by Kimberlin allies. I put up the Popehat signal here. I’ve gotten some responses, but I’m still looking for federal criminal practitioners in the Middle Districts of Florida and Tennessee.
UPDATE–There is good advice concerning how to deal with possible harassment in this post at The Camp of the Saints.
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Goldfish and Clowns [dead link] refers to a certain person harassing bloggers as “he who must not be named” lest one be hauled into court. (H/T, @exconsview)
If Kimberlin be Voldemort, which one of us is Harry Potter?
UPDATE–Is Judge Vaughey a muggle?
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@exconsview was Paul Lemmen’s Twitter account in 2012, and Paul was the blogger for whom the Ken White had activated the Popehat signal. Paul was on supervised release from federal prison. He had been convicted of fraud charges in the Middle District of Tennessee and had moved to central Florida.Paul had been blogging about Kimberlin, members of Team Kimberlin were filing bogus complaints about Paul with his parole officer. As a result of that pressure, Paul “cooperated” with Team Kimberlin until his pro bono lawyer was able to sort things out with the Parole Commission. Paul was on the inside of Team Kimberlin for about six months.
He left with a mother lode of emails and other files, many of which have been useful over the past years. There is still some rather interesting information that there’s been no need to publish. Yet.
After the He Who Must Not Be Named post, I began referring to Kimberlin as Lord Voldemort and his allies and enablers as Death Eater Wannabes. Later in 2012, Kimberlin set up a pirate-themed website called the Bloggers Offense Fund. That’s when I began calling him The Dread Pirate Kimberlin. After he sued me, that became The Dread Pro-Se Kimberlin, and after he failed to pay sanctions and court costs, Dread became Deadbeat. So now he’s The Dread Deadbeat Pro-Se Kimberlin. The tag also describes many of his other attributes: Pusher, Performer, Perjurer, …
I gave away my core strategy for dealing with Team Kimberlin’s LOLsuit in then TKPOTD that ran six years ago today.
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We had a bit of concern trolling in the comment section over the last couple of days with lots of advice on how I should deal with various legal matters. I believe I will stick with the advice I’ve been given by real world lawyers.
OTOH, I suppose I can let the Gentle Readers (and the Team Kimberlin lurkers) in on the basic principle of my strategy: winning.
Meanwhile, everything is pro … oh, you know the rest.
Maybe it’s a Montgomery County thing to try to have someone arrested on a false charge of violating a peace order. It was nine years ago yesterday that Brett Kimberlin’s false complaint cause Aaron Walker to be arrested, booked, and jailed for a few hours. Nine years ago today, I posted this: Aaron Walker’s Arrest—Early Edition.
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Patterico has a good analysis which untangles some of the gnarly mess of the reporting about yesterday’s farce. Read it. All the way through. At the end, he recommends reading David Hogberg’s eye witness report of the hearing.
Brett Kimberlin and his allies are acting as if they have a winning strategy. He was lucky yesterday to draw an elderly judge who doesn’t seem to understand the Internet, blogging, or social media. I doubt that his luck will hold out. IANAL, but it looks as if Walker should prevail on appeal. We need to support him and the other bloggers being abused by Kimberlin and his friends.
The core claim at the center of all of Brett Kimberlin’s LOLsuits against me was defamation, and a statement must be false in order to be defamatory. Kimberlin claimed that it was false to refer to him as a pedophile. During discovery in the Kimberlin v. Walker, et al. suit, the only one of his cases to get that far, I asked him what evidence he had to show what I had reported was false. The TKPOTD for seven years ago today dealt with his effort to dodge those interrogatories.
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The Dread Pro-Se Kimberlin doesn’t want to answer the interrogatories that I sent him as part of discovery in the Kimberlin v. Walker, et al. nuisance suit. For example—Irrelevant to the case? Really? I thought TDPK was suing me because he says I have called him a pedophile. This is from his complaint—
This is found on page 78 of Citizen K:
His [Kimberlin’s] attachment to Jessica was quite a different matter. Their weekly after-school outings, Kimberlin said, were “very special days” for her. … For three consecutive summers, 1974 through 1976, they took vacations for a week or longer in Disney World, Mexico, and Hawaii. Sandi [“Jessica’s” mother] couldn’t get time off from work, so on these summer trips it was just the two of them—Brett and Jessica.
Eyebrows levitated. A drug-dealing colleague had memories of conversations with Kimberlin that struck him as odd: “We’d see a girl who was pubescent or prepubescent, and Brett would get this smile and say, ‘Hey, what do you think? Isn’t she great?’ It made me very uncomfortable.” Another recalled Kimberlin introducing Jessica as “my girlfriend,” and if irony was intended, it was too subtile to register.
<sarc>Nothing to see here. Move along.</sarc>
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Kimberlin lost that case because he failed to present any evidence that anything I or my codefendants has written or said about him was false.
While I hold the record for being the most sued defendant during Kimberlin’s lawfare campaign, Patterico endured the longes single case. It took 18 months for most of the Kimberlin v. National Bloggers Club, et al. (i) [aka Kimberlin v. The Universe, et al.] RICO Madness LOLsuit for be dismissed, but the remaining Kimberlin v. Frye RICO Retread LOLsuit took more than another two years to get to a summary judgment in Patterico’s favor.
This episode of Blogsmoke first ran six years ago today.
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SOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICHOCHET
MUSIC: UP AND UNDER—RECORDED—CUT 1
ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!
MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2
ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)
JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.
MUSIC: MAIN TITLE—RECORDED—CUT 3
JOHN: The Grouch had been looking for some way to tag me with something, anything that would cause me legal problems. He didn’t seem to care if it were civil or criminal, just as long as he cou …
ANNOUNCER: We interrupt Blogsmoke to bring you this news bulletin.
This morning W. J. J. Hoge filed the following Informal Response Brief in the Kimberlin v. National Bloggers Club, et al. appeal with the Fourth Circuit Court of Appeals in Richmond.
ANNOUNCER: We return you now to “BLOGSMOKE” already in progress.
… not necessarily our jurisdiction. It depends on which State’s Attorney does what or whether everything is consolidated by the Attorney General. If Maryland cleans up the mess, we won’t have to get involved.
JOHN: OK. I’ll pass that along.
MUSIC: CLOSING TITLE UP AND UNDER—RECORDED—CUT 6
ANNOUNCER: (VOICE OVER MUSIC) Even with a good imagination, we can’t come up with stories as strange as The Grouch and his buddies provide for episodes of “BLOGSMOKE”!
MUSIC: SWELL AND CONTINUE TO MUSIC OUT
ANNOUNCER: The Legal Department wishes the following declaimer read: “‘BLOGSMOKE’ is a work of fiction. Anyone who feels it might be about him should read Proverbs 28:1.”
This is LBS, the Lickspittle Broadcasting System.
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One of the most satisfying moments of my pro se litigation against The Dread Deadbeat Pro-Se Kimberlin was when one of lawyers representing some of my fellow appellees adopted the argument presented in my brief as part of his own.
This post titled Electronic Harassment? ran six years ago today after Tetyana Kimberlin filed a false Application for Statement of Charges against me alleging that I had engaged in electronic harassment of her elder daughter. Brett Kimberlin has previously filed a bogus peace order petition against me on behalf of Tetyana’s daughter, but the petition had been denied in both the District and Circuit Courts. Kimberlin’s PR flack Bill Schmalfeldt announce the resulting criminal case.
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I received a summons from the District Court in Rockville to appear on 2 July so that I can be served with a charging document and be advised of my rights. The summons states that there will be a preliminary inquiry and that I will be advised of a future date for a trial if probable cause is found that I may have committed whatever I’m charged with.
I do not plan to make any further substantive public comment on this matter until after I have seen the actual charging document(s) and reviewed them with counsel.
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When the complaint for this was was filed, the appeal of the Kimberlin v. Walker, et al. case was still in process, the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness case had devolved into the Kimberlin v. Frey RICO Remnant case, and the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo and Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuits were still hadn’t been dismissed or gone to summary judgment. However, all those civil case were clearly going poorly for The Dread Deadbeat Pro-Se Kimberlin, so the fake criminal complaint was a last gasp attack on me.
Of course, it failed as did all his LOLsuits. Indeed, I never had to respond to the summons because the charge was dropped for lack of evidence before the date of the hearing.
The Dread Deadbeat Pro-Se Kimberlin has alway had an uphill struggle with judges, as can be seen in this TKPOTD from seven years ago today.
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Judge Grimm does not seem inclined to provide any temporary relief for The Dread Pro-Se Kimberlin’s butthurt. He has denied TDPK’s request for file a sanctions motion against the lawyer representing Twitchy. However, Amazon offers this remedy—
One of the sillier claims that Brett Kimberlin makes related to his recently filed case with the Seventh Circuit Court of Appeals of some of his Speedway Bomber convictions is that the charges for being a felon in possession of explosives should be thrown out because (I’m not making this up) the government can’t prove that he knew that he was a felon as a result of his perjury conviction.
In a lower court, Appellant argued that his conviction for the simultaneous receipt of explosives and blasting caps could not stand under Rehaif [a 2019 case] because he was a mere teen who had only served two weeks in the county jail on a perjury charge, so there was no way he could know that he was a convicted felon.
Kimberlin’s understanding of his status as a felon has already been examined by the Seventh Circuit Court of Appeals. Here’s a bit from one of that court’s decisions on one of his appeals related to the Speedway Bomber convictions. United States v. Kimberlin, 805 F.2d 210 (7th Cir. 1986). Kimberlin had asserted that allowing the jury to hear about his previous conviction prejudiced them against him. The court disagreed.
Defendant testified. During direct examination he testified that he had been convicted of perjury. Defendant argues that the government improperly inquired on cross-examination concerning the details of the offense. On direct, for the obvious purpose of minimizing the offense, and its impact on the jury, defendant testified he was convicted when he had just turned eighteen, the grand jury was investigating drug abuse at the high school, and no lawyer was with him when questioned before the grand jury. Apparently believing that the door had been opened, the prosecutor inquired whether the perjury consisted of telling the grand jury he had not sold LSD to certain persons when in fact he had done so. The answer was affirmative. No objection was made. We think there was no plain error, if error at all.
After he lost the Kimberlin v. Walker, et al. nuisance LOLsuit in 2014, Kimberlin promised that his enemies would see lawsuits “for the rest of their lives.” He took a break after losing Kimberlin v. National Bloggers Club, et al. (I), Kimberlin v. National Bloggers Club (II), Kimberlin v. Hunton & Williams, et al. (I), Kimberlin v. Hunton & Williams, et al. (II), Kimberlin v. Hoge, Kimberlin v. McConnell, et al., and Kimberlin v. Breitbart Holdings, et al.—but since 2018 he’s had this case going against the United States.
Even with all our troubles, I suspect that the United States will outlive Brett Kimberlin. Perhaps his curse of lifelong LOLsuits has boomeranged.
As I noted yesterday, The Dread Deadbeat Pyrotechnician Kimberlin is trying to wriggle out of some of his Speedway Bombing convictions via an appeal he’s trying to get going at the Seventh Circuit Court of Appeals. He was supposed to file a Transcript Information Sheet with the court on the 4th. He filed this instead:
SOUND: Old fashioned telephone bell rings four times.
JOHNNY: (Groggy) Johnny Atsign.
PRO BONO: (Telephone Filter) Good morning, Johnny. Did I wake you?
JOHNNY: Ah, yeah. It’s 5 o’clock out here on the West Coast.
PRO BONO: (Telephone Filter) Sorry about that, but this is important. You’re done out there, aren’t you?
JOHNNY: I’ve run down all the leads we’ve got.
PRO BONO: (Telephone Filter) OK. Look, I’ve got you booked on a 9 am flight from LAX to Chicago. There’s more digging to do there.
MUSIC: Theme up and under.
ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …
Brett Kimberlin is trying to get some of his Speedway Bomber convictions set aside via an appeal to the Seventh Circuit Court of Appeals. He wants the court to assign a lawyer to handle his case for free.
During March, 2020, I posted these TKPODs (one, two, three) about an appeal Brett Kimberlin filed in his Speedway Bomber cases in 2018. He was seeking to have some of his convictions set aside, and his request was denied except for one minor point.
On 20 April, The Dread Deadbeat Pro-Se Kimberlin filed an appeal with the Seventh Circuit. Here’s his paperwork so far—
During 2016, a great percentage of the LOLsuit Brett Kimberlin had filed were in the process of being dismissed by a lower court of having an appeal denied. The TKPOTD from five years ago today dealt with Kimberlin’s certiorari petition to the Maryland Court of Appeals in the Kimberlin v. Walker nuisance suit.
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5 May, 16 May, 23 May, 28 May, 6 June, 13 June.
Oh, I almost forgot. The Dread Pro-Se Kimberlin has filed this petition for writ of certiorari with the Maryland Court of Appeals.
I’m leaving comments open, but don’t educate the midget by correcting his errors of law. OTOH, feel free to point out the … lawyers call them misstatements of fact … we engineers call them lies … the lies you find.
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The petition was denied, and Kimberlin had the good sense not to attempt to appeal the the Supreme Court.
We can put one more mark in Brett Kimberlin’s loss column.
One of the LOLsuits to which Brett Kimberlin was tangentially connected via his Protect Our Elections operation was the Public Citizen v. FEC case. Six years ago, Hogewash! ran a post about Public Citizen, et al. v. Federal Election Commission, et al. which showed how Kimberlin was tied to the suit. On 17 March, 2021, summary judgment was granted in favor of the defendants. The 2015 post is below, followed by the recent summary judgment order.
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There’s been some questions about that FEC case The Dread Pro-Se Kimberlin keeps referring to in some of his court filings. Here’s the caption of the original complaint:The case number is 14-CV-148. The suit alleges that the Federal Election Commission didn’t properly investigate spending by Karl Rove’s organization Crossroad GPS.Brett Kimberlin’s connections to the case are vial ProtectOurElections dot org (which is one of the Justice Through Music Project/VelvetRevolution.US fundraising websites) and Kevin Zeese (who TDPK has described as legal counsel to his organizations).Currently, there is a pending motion for summary judgment filed by Crossroads GPS which has joined the case as an intervenor/defendant. That motion was fully briefed as of 7 April.
This TKPOTD from six years ago today asked an interesting question.
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Well, Brett Kimberlin certainly will be busy with legal matters for the next few weeks and months. Just look at the case load.
Kimberlin v. Walker, et al. nuisance lawsuit appeal to the Maryland Court of Special Appeals Kimberlin v. Frey, the remnant of the RICO Madness case in U. S. District Court Kimberlin v. The Universe, et al. RICO Madness appeal to the Fourth Circuit Kimberlin v. Home Depot which looks as if it will be consolidated with cases in Atlanta Kimberlin o/b/o Jane Doe v. Hoge peace order appeal in Montgomery Co. Circuit Court Kimberlin v. Team Themis, et al. RICO2: Electric Boogaloo in U. S. District Court
… and last but not least …
Kimberlin v. National Bloggers Club, et al. Indiana Bomber and the LOLsuit of Doom just filed in Montgomery County Circuit Court
Kinda makes you wonder when he has time for his day job.
BTW, I’m a named defendant in five of those lawsuits. That’s going to make it much easier to go after The Dread Pro-Se Kimberlin as a vexatious litigant.
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It turn out that filing all those LOLsuits was Kimberlin’s day job. At least, that’s what he told the U. S. District Court in his complaint in the Kimberlin v. McConnell et al. LOLsuit.Yeah. Right.
There’s been a disturbance in the Farce, and something has proceeded in a way I didn’t foresee.
The Dread Pro-Se Kimberlin has filed a petition for a writ of certiorari with the Maryland Court of Appeals (the state’s highest court) seeking an appeal of his loss in the Kimberlin v. Walker, et al. nuisance LOLsuit in the Circuit Court and the Court of Special Appeals affirming of that loss. I really thought that TDPK would have been smart enough to know when his licked. Apparently, he’s dumber than I thought.
I should have bought more popcorn futures.
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Of course, his petition for the writ was denied. Losing losers gotta lose.
The Fourth Circuit Court of Appeals dismissed his appeal as untimely because the entire case he filed in the District Court had not been closed. When I was finally able to file an appeal, he lost it too.
Brett Kimberlin has made some amazingly stupid statements in the course of his campaign of lawfare. The TKPOTD from six years ago today detailed one of them.
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The Dread Pro-Se Kimberlin has told Judge Hazel that he (the judge) found that Kimberlin’s state law claims were viable. He included this line describing his version of the court’s finding in his most recent letter to the court.IANAL, so I’m not sure of the correct legal term is for such a statement, but in engineering it would be referred to as bullshit. The court made no such finding. Here’s what Judge Hazel wrote.Judge Hazel’s saying that the state law claims were outside of his jurisdiction and that he intended for the federal court to mind its own business is not the same thing as saying those claims are valid. Indeed, he expressed no opinion on the state law claims other than to note that they might be barred by “res judicata and/or collateral estoppel.” Meanwhile, Maryland Rule 2-101(b) allows a 30-day window to file the claims in a state court after the dismissal by a federal court for lack of jurisdiction. Time is up at close of business on Thursday. If TDPK does file something before the window closes, I look forward to using that suit as further evidence of his vexatiousness.