Team Kimberlin Post of the Day

My decade of covering the doings of Team Kimberlin began because of Brett Kimberlin’s attempts to silence bloggers who were writing truthfully about him and to punish lawyers who helped defend those bloggers. Kimberlin’s attention became particularly focused on a blogger who was a lawyer, Aaron Walker. Kimberlin sought to shut him up with a bogus peace order which required Aaron to neither speak nor write about Kimberlin. Ten years ago today, I was able to report that Justice had prevailed when an emergency appeal resulted in a partial stay of the peace order eliminating its unconstitutional gag provisions. (The entire peace order was completely thrown out during a further appeal.)

That should have been the top story of the day, but that evening, the top story became BREAKING: Aaron Walker SWATted.

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Patterico reports that Aaron Walker was SWATted at around 6 pm ET this evening.

UPDATE—Breitbart has more info here.

Walker told Breitbart News that he was home with his wife this evening at approximately 6:00pm when there was a “pretty insistent” knock at his door. Walker answered to find about six police cars in the street and two officers taking positions against the wall with M4 rifles. Since he was aware of the previous swattings of Patrick “Patterico” Frey, Erick Erickson, and Mike Stack, Mr. Walker asked the police if someone had called and claimed he had killed his wife, and police confirmed that that was the case.

UPDATE 2—Still more at The Camp of the Saints. Apparently, someone is also trying to cause trouble for one of Aaron Walker’s lawyers.

UPDATE 3—Stacy McCain says:

Memo to The Washington Post: This is now what they call “local news.” Get on it.

Don’t hold your breath, Mr. McCain.

UPDATE 4—Aaron Walker posts What Happened Tonight.

One of the officers tonight asked me why I keep talking about Brett Kimberlin if it brings on this kind of trouble. It’s because Freedom of Expression is something I don’t just believe in, but I defend. And this threat to Freedom of Expression needs to be defeated. It is that simple.

When my wife was steadier, and our bellies were full, I opened up my computer again there were 720 new contacts of some kind in my twitter. That was the level of love and support out there. I am just stubborn enough not to need anyone’s prayers or support to see this through, but it’s nice to feel the love. So many perfect strangers tell me they are praying for me—although they are becoming less like strangers every day.

Finally, if anyone from the Washington Post or any other newspaper wants to talk to me, I’ll talk. I’ll give you an earful.

So the bottom line is that thanks in significant part to the Prince William County Police, who handled this with the right sweet spot between concern that a crime might be occurring, and caution, recognizing it might be a hoax, my wife and I are safe. A little shaken up, but determined to fight on.

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What an amazing coincidence that Aaron was SWATted on the evening of the day he won that victory in court!

BTW, the judge who granted the unconstitutional restraint of Aaron’s speech was sanctioned by the Maryland Commission on Judicial Disables for his conduct in the case.

Team Kimberlin Post of the Day

The proof that Brett Kimberlin is an incompetent liar is found in the large number of mind-boggling transparent fibs he tells. The TKPOTD for eight years ago today dealt with one those false narratives.

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Here’s another whopper from one of The Dread Pro-Se Kimberlin’s court filings. This is from his opposition to my motion to dismiss his first amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 29-22TDPK asserts that I was in on his mythical fraudulent fund raising on behalf of National Bloggers Club in May, 2012. I was a newbie who hadn’t heard of NBC back them.

The real hoot is the “media report” he cites as Exhibit J. It’s supposed to show what we were seeing in the media back in May. The report is dated August.

Then there’s the question of the reliability of the report. It’s from Matt Osborne quoting Bill Schmalfeldt and Breitbart Unmasked as sources.

I couldn’t make this stuff up if I tried.

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One of the project I worked on at NASA was a navigation system for a constellation of satellites that used GPS to allow each of them to be aware of the others’ time and relative dimensions in space. However, I’ve never had access to a TARDIS of the sort required to make the claim allegedly supported by Exhibit J be true.

Team Kimberlin Post of the Day

Brett Kimberlin’s reputation for trying to play games with service of court documents was well established long before he sued me. The TKPOTD for eight years ago today dealt with one of the precautions required to minimize the adverse effects of his dishonesty.

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Federal Rule of Civil Procedure 11(b)(3) requires that “factual contentions have evidentiary support.” Here’s an allegation that The Dread Pro-Se Kimberlin made in one of his filings in the Kimberlin v. The Universe, et al. RICO Madness that has no basis in fact and for which TDPK can not have any evidence.ECF 49-5The only truthful part of that sentence is that I refuse to accept service via email from Brett Kimberlin. The precautions that I have taken securing the devices I use to access my email are very, very robust. Of course, nothing’s perfect, but I doubt that any the hacker wannabes in Team Kimberlin could breach those walls. The only undelivered mail from TDPK that I failed to pick up at the Post Office was addressed to and was being held for 29 Ridge Road. I live at 20 Ridge Road.

OK, why do I insist on service via mail? I do so because I want to be served a hard copy that was generated by TDPK. That way, if it doesn’t match what was sent to the court (and there have been multiple instances of altered documents in both the state and RICO cases), I can show the court what I received. This procedure strikes me as a reasonable method of dealing with a guy who has a long and apparently continuing history of perjury and forgery.

Speaking of lying forgers, I have adopted the same policy for service of court papers from The Dread Pro-Se Schmalfledt.™

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Lying liars gotta lie.

Team Kimberlin Post of the Day

For several years, Brett Kimberlin had multiple LOLsuits pending. The TKPOTD for six years ago today provided an update of the status of the suits pending then.

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The Gentle Reader may have lost track of the various appeals that The Dread Pro-Se Kimberlin has filed in his current round of lawfare. Here’s the current status of the various cases:

Kimberlin v. Walker, et al. This was the first suit that TDPK filed in state court back in 2013 against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. Most of it was dispensed with on summary judgment. After TDPK had put on his case against Aaron, Stacy, Ali and me at the trial in August, 2014, the judge ordered a directed verdict in our favor. TDPK appealed, and a three-judge panel of the Maryland Court of Special Appeals upheld the Circuit Court’s findings in January, 2016. The Court of Special Appeals denied TDPK’s request for an rehearing by the entire court. He’s filed a petition for a writ of certiorari with the Court of Appeals.

Kimberlin v. National Bloggers Club, et al. (I). This was the RICO Madness LOLsuit that had two dozen defendants at one point. All but one count against one defendant (Patrick Frey) were dismissed in March, 2015. The case limps along as the Kimberlin v. Frey RICO Remnant LOLsuit. TDPK tried to appeal the dismissal in 2015, but the Fourth Circuit threw the appeal out because the case was still ongoing in the District Court. The case recently completed discovery, and TDPK is upset because the District Court won’t let him use confidential discovery material in other cases and won’t allow him to release it to the public. He’s filed a petition for a writ of mandamus with the Fourth Circuit asking that court to order the District Court to let him do as he pleases with the confidential discovery material.

Kimberlin v. Hunton & Williams LLP, et al. This is the RICO 2: Electric Boogaloo LOLsuit. It was dismissed last March, and TDPK is appealing the dismissal to the Fourth Circuit.

Kimberlin v. McConnell, et al. This was TDPK’s LOLsuit against Senators McConnell and Grassley for not moving the Garland nomination to the Supreme Court through the Senate. It was dismissed for lack of standing, and TDPK has appealed the dismissal to the Fourth Circuit Court of Appeals.

“Lawsuits for the rest of their lives.” That’s what Kimberlin promised.

We shall see. Meanwhile—

Τα πάντα είναι η διαδικασία όπως εγώ είχε προβλέψει.

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He lost every last one of those suits as well as the RICO 2 Retread state case and the RICO 3 federal case, but neither of those included me as a defendant.

AFAIK, the certiorari petition he says will be filed with the Supreme Court asking for review of some of his Speedway Bomber convictions is the only thing he has pending.

Stay tuned.

Team Kimberlin Post of the Day

The TKPOTD for seven years ago today took a look at the biggest mistakes Brett Kimberlin had made in his lawfare campaign against bloggers and some media people.

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One of the Gentle Readers suggested that I do a Top 10 list of the biggest mistakes Team Kimberlin have made in their lawfare. That sounded like a good idea, so here’s screw up number one.

10. Brett Kimberlin Sues Seth Allen
9. Brett Kimberlin Petitions for a Protective Order Against His Wife
8. Kimberlin Seeks a Peace Order Against John Norton
7. Schmalfeldt Seeks a Peace Order Against Patrick Grady
6. Kimberlin Files Kimberlin v. The Universe, et al. RICO Madness
5. Kimberlin Files Kimberlin v. Walker
4. Schmalfeldt Sues Me in State Court
3. Kimberlin Uses JTMP Funds to Pay a Fee in Kimberlin v. The Universe, et al.
2. Kimberlin Obtains an Unconstitutional Gag Order Against Aaron Walker

1. Kimberlin Sues Me Yes, that’s the dumbest move The Dread Pro-Se Kimberlin has made to date. Sure, he just sued a law firm with 800 lawyers. That was pretty dumb. He’s sued a couple of investigative reporters That wasn’t very smart. He’s sued several big-time media personalities and organizations. That was downright foolish. Those are all people and organizations with the skills and tools to fight back, and, for the most part, they have. But suing me, and his timing in doing so, was his worst move. He did it just as I was retiring and was able to focus full-time on the lawsuit. I was a defendant with nothing else to do and with experience investigating complicated problems. Oh, and I’m pigheaded and not likely to let go of a problem until I solve it.

popcorn4bkKimberlin whines in his complaints that I have amassed a huge amount of information about him. Yes, I’ve done my homework. I’m prepared to defend myself. He was lucky that Judge Johnson ended the Kimberlin v. Walker, et al. trial before I had to vigorously do so. His luck was even better in the RICO Madness LOLsuit. It was dismissed without even a hearing.

RICO2: Electric Boogaloo is pending in U. S. District Court and the Kimberlin v. National Blogger Club Part Deux LOLsuit is pending in state court. We’ll see how his luck holds.

Note: I’m unretired and back at work more or less full time, but the months I had to focus full-time on my defense were invaluable.

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Yes, they were. That preparation resulted in none of Kimberlin’s remaining cases against me surviving a motion to dismiss and in all of his appeals against me being denied.

I’m not done with him yet.

Team Kimberlin Post of the Day

Brett Kimberlin does not like to take “No” for an answer. That has invariably meant that he’s pushed appeals through the system until a higher court says, “What part of ‘No’ do you not understand?” The Dread Deadbeat Pro-Se Kimberlin was particularly bothered by Judge Hazel’s refusals to modify a protective order that covered discovery materials in the Kimberlin v. Frey RICO Remnant LOLsuit. He went so far as to seek a writ of mandamus from the Fourth Circuit Court of Appeals that would have directed Judge Hazel to grant Kimberlin’s wishes. Kimberlin also filed a motion seeking an expedited ruling on his mandamus petition because of how important he imagined the case to be.

The TKPOTD for for six years ago today published a copy of that motion.

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The Dread Pro-Se Kimberlin’s case is sooooo important that his petition for a writ of mandamus really, really, really needs to be acted on quickly. At least, that’s what TDPK says—

I wonder who that “close associate” of Frey who has been engaging in official corruption is?

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Actually, I know who that “close associate” of Frey was because I’ve seen some of the discovery in the case. However, I can’t name him because I’m also bound by the protective order.

The list topics of “national importance” in paragraph 3 hasn’t aged well.

While David French has been a significant voice among the Never Trumpers, he has never be seriously consideedr for the Republican presidential nomination.

Conservatives have not been a significant source of attempted bullying or intimidation of judges.

It hasn’t been right wing media outlets that have been the principal source of false narratives for the past few years.

Of course, the petition was denied. While everything proceeded as I had foreseen, nothing conformed to Kimberlin’s hallucinations.

Team Kimberlin Post of the Day

Here’s what Brett Kimberlin’s Twitter account looked like around 9:30 pm ET yesterday.Op-Critical was the house band for Justice Through Music Project for several years. Some of the band’s music videos still survive on YouTube.

The Gentle Reader should note that the purpose of these tweets is to promote a video designed to appeal to the fans of the Twilight Angel movie. That would be middle school girls.

Kimberlin sued Aaron Walker, several other defendants, and me, saying that we had defamed him by calling him a pedophile. When he got Aaron on the witness stand at the trial, he asked this question:

Q You must have some basis for that. Tell me what you, tell the jury why you know, why you think that’s true? And where is the truth, where is the evidence?
A Okay, well it’s a number of different things. First of all I read Mark Singer’s book on Citizen K, the authorized —
MR. KIMBERLIN: Your Honor, first of all —
THE COURT: It’s your question.

We were given a directed verdict in our favor because Kimberlin never showed that anything we has written or said was false. The Gentle Reader may form his own opinions.

Team Kimberlin Post of the Day

All of the claims that Brett Kimberlin made against me in his various LOLsuits and criminal complaints were false. That caused the two that made it as far as a trial to be thrown out when Kimberlin rested his case, granting my codefendants and me a directed verdict in our favor. It cause the other claims in that case to be dismissed at summary judgment. The TKPOTD for seven years ago explained why that happened.

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Sometimes in a lawsuit there may be point where the “facts” don’t have to go to trial. That may be because the parties agree to what the facts are. Or it could be because one side may take the position that even if the other side’s version is correct, it doesn’t effect the case. Or it could be because one side’s “facts” are clearly untrue. In those instances, the court will rule on the case as a matter of law. That procedure is called summary judgment.

As an example, here’s a claim from The Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. Walker, et al. nuisance lawsuit.BKvAWetal 58-61We defendants disputed those allegations, but we asked for a summary judgment in our favor as a matter of law because even if everything TDPK alleged were true, it didn’t add up to the tort of malicious prosecution.

The judge agreed with us and dismissed the claim. That was a judgment on the merits in our favor, that is, the court found that we had not engaged in malicious prosecution.

Brett Kimberlin has filed over a hundred lawsuits, and he’s lost almost every one. Incompetent pleading like the mess above is one of the principle reasons why he fails.

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Nome of his other LOLsuits against me survived motions to dismiss for failure to state a claim upon which relief could be granted.

Team Kimberlin Post of the Day

Today is the tenth anniversary of the first post about Brett Kimberlin here at Hogewash!—a post titled No Thugs Zone.

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Fellow blogger and Maryland resident Stacy McCain has had to move his family out of the state because of threats related to blogging about Brett Kimberlin. He is not the only blogger suffering abuse from Kimberlin.

Mr. Kimberlin was unwise in choosing to pick a fight with the blogosphere. He is likely to find that, while we don’t always agree with one another, we have each other’s backs when the freedom of the Internet is threatened. Mr. Kimberlin and those who have supported him (I’m looking at you, Ms. Streisand [dead link, but here’s one to a contemporaneous post by another blogger]) have bitten off more than they can chew. The pushback is just beginning.

UPDATE–The McCain family is having a ton of unforeseen expenses because of their sudden move. I just hit his tip jar. Why don’t you?

UPDATE 2–Expect more, a lot more, about this on Friday.

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I’m not done with him yet.

Team Kimberlin Post of the Day

It was Neal Rauhauser who floated the idea that pro se litigation could be used to harass and cower Brett Kimberlin’s perceived enemies.

[T]he potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds. The reality of travel, or frightful expenses, or summary judgments needs to be made real. We probably need to make a very visible example of at least one of them before the rest understand.

—Neal Rauhauser

This idea appears to have stimulated The Dread Deadbeat Pro-Se Kimberlin’s delusions of adequacy, and he began to threaten bloggers.

I have filed over a hundred lawsuits and another one will be no sweat for me. On the other hand, it will cost you a lot of time and money.

—Brett Kimberlin

Both Brett Kimberlin and Bill Schmalfeldt tried their hands at pro se litigation. It took them a while, but they seemed to have learned the reality of travel, frightful expenses, and summary judgments. And Hogewash! has been a part of making a visible example of them.

I’m not done with them yet.

Team Kimberlin Post of the Day

Yesterday, Hogewash! reported that the Court of Appeals for the Seventh Circuit had denied Brett Kimberlin’s remaining Speedway Bombing appeal.

Speaking of failed appeals, the TKPOTD for seven years ago today dealt with another of The Dread Deadbeat Pro-Se Kimberlin’s appeals.

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The Dread Pro-Se Kimberlin mailed his informal brief in his appeal of the RICO Madness LOLsuit to the Fourth Circuit Court of Appeals on the last day allowed for it to arrive in Richmond. The Court will probably accept his brief anyway.

Aaron Walker has a copy posted over at Allergic to Bull.

popcorn4bkI got a hold of a copy this afternoon and have managed to stop laughing long enough to write a first draft of my informal reply. I’ll review and edit it for a few days before filing it. Meanwhile, I don’t have any further comment on TDPK’s filing until after the Court decides whether or not to let the appeal go forward.

Stay tuned.

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Kimberlin has said he has a pro bono lawyer to represent him in a certiorari petition to the Supreme Court for a further appeal of the case the Seventh Circuit denied in March. There’s nothing on the Supreme Court’s docket yet, but he has several weeks before time to file runs out. I’ll keep watch.

Stay tuned.

Team Kimberlin Post of the Day

Almost 40 years after Brett Kimberlin’s convictions in the Speedway Bombing case, he moved for DNA testing of some hair samples presented at one of his trials. His motion was untimely, and the District Court denied his motion. Yesterday, the Seventh Circuit Court of Appeals affirmed the District Court’s denial.

The money quotes—

We need not resolve the question how this interpretation of § 3600A interacts with § 3600(a)—both are part of the Innocence Protection Act of 2004—because another basis exists upon which this appeal may be decided—untimeliness.

—and—

We have considered Kimberlin’s remaining arguments, and none has merit.

And so The Deadbeat Pro-Se Kimberlin maintains a perfect 0.000 batting average this century in the courts of appeal.

Team Kimberlin Post of the Day

The real underlying basis for Brett Kimberlin’s campaign of lawfare against people reporting truthful things about him and his activities was his butthurt over being exposed for who he is. The TKPOTD for eight years ago offered him some relief.

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PreparationH96ctJudge 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—

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Of course, butthurt is not a proper cause of action for a civil suit, so The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits were doomed from the start.

Team Kimberlin Post of the Day

Today is the seventh anniversary of the Circuit Court for Montgomery County upholding the denial of the the peace order petition Brett Kimberlin filed against me on behalf of Tetyana Kimberlin’s elder daughter alleging that I was harassing her by reporting truthful information about Brett Kimberlin’s past and present activities.

Qapla’

Team Kimberlin Post of the Day

This post On Libel from eight years ago today dealt with one on of the more bizarre twists of The Saga of the Dread Deadbeat Pirate Pro-Se Kimberlin and his crew.

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Libel is the publication in print (including pictures); writing; or broadcast through radio, television, or film; of an untruth about someone which will do harm to that person or his reputation by tending to bring the target into ridicule, hatred, scorn, or contempt from others.

Just as there are persons whose reputation is so bad that they can’t be defamed (Charles Manson, for example), there are people whose credibility is so poor that no one in his right mind really believes what they say (a real world Joe Isuzu); such people can’t actually defame anyone.

It’s really quite sad to be dealing with someone who reputation and credibility are so poor that he fits both categories.

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No one affiliated with Team Kimberlin has come out ahead as a result of their campaign of lawfare and cyberthuggery.

Team Kimberlin Post of the Day

Team Kimberlin invariably set themselves up for failure, but I must admit I taken some pleasure in helping to grease the skids for them. The honeypot referenced in the Remember the Honeypot? title of this post from six years ago today was one of the more amusing, for me at least, interactions will Bill Schmalfeldt.

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The Cabin Boy™ discovered a website last year that “proved” Paul Krendler was up to no good, and he republished what he found here. Schmalfeldt still hasn’t admitted that he was tricked and caught by a honeypot. That’s one of the reasons that some people believe that he truly isn’t educable.

Now, the Cabin Boy™ says he’s found images on the Internet that have metadata showing they were created by “Grady, Pat,” and he’s sure that they prove that Krendler is Grady or Grady is Krendler.RD201615101431Z

I’m not going to detail all of the problems the Cabin Boy™ would have trying to build a case on that evidence or the problems he would have attempting to get such evidence admitted in court, but I will point out that Grady’s name being in the metadata Schmalfeldt published does not mean it was there when the images were created. It could mean that the Cabin Boy™ has spent $10.99 at the Ap Store.EXIFChanger

Or it could mean that someone else did. Or it could mean that whoever created the images simply put Grady’s name in the original metadata.

The Cabin Boy™ seems to get most of his exercise by jumping to conclusions.

There’s a good reason why LOLsuit VI is subtitled The Undiscovered Krendler.

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Neither the Cabin Boy™ nor Brett Kimberlin (who claims I was Krendler) ever discovered Paul Krendler’s identity. Not false criminal complaint, and not in LOLsuits VI. Or VII. Or VIII.

Team Kimberlin Post of the Day

This image originally ran as the TKPOTD for seven years ago today.

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It’s May the Fourth …Everything is Proceeding

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That cartoon got so deeply under Brett Kimberlin’s skin that he questioned me about it when he called me as a defense witness in the Walker v. Kimberlin, et al. lawsuit.

Q   Do you ever post graphics or photos of you as a Star Wars Hero?

A   I have, people have sent me graphics of my face to replace, who’s the guy that played Obi-Wan Kenobi, the older fellow? This is what happens when you’re old. Alec, Sir Alec Guinness with my face instead of Alec Guinness’ as Obi-Wan in, in various cartoons. I think they’re funny, and I’ve, I’ve posted a few that have sent me, and other people have, have picked up on that, as well, and sort of run with it. It’s a, it’s, it’s kind of a running gag now in certain corners of the internet.

The jury’s reaction to that exchange went almost exactly as the Gentle Reader might have foreseen.

Team Kimberlin Post of the Day

Brett Kimberlin’s worst mistake in all of his lawfare over the past decade was suing me. I was the first defendant to raise the argument that his reputation as a violent felon so bad that it was impossible to degrade it. The TKPOTD for eight years ago today outlined my argument.

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Here is another selection from my reply to The Dread Pro-Se Kimberlin’s opposition to the motions to dismiss from Aaron Walker and me in the Kimberlin v. The Universe, et al. RICO Madness.ECF 56-p10

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In fact, another group of defendants’ motion to dismiss the subsequent RICO Retread LOLsuit in state court was granted in part because the judge in the case found that Kimberlin was defamation proof before my similar motion was granted. But a court has now found that Kimberlin’s reputation bars any viable claim for defamation.

Team Kimberlin Post of the Day

Over the past few years, Brett Kimberlin has had a couple of appeals going to try to set aside some of this Speedway Bomber convictions. He’s been unsuccessful thus far, but he still has one of the cases before the Court of Appeals for the Seventh Circuit, and he’s announced his intention to try to get the Supreme Court to take up the other.

Kimberlin was sentenced to a 51+ year consolidated sentence for his Speedway Bombing crimes and a drug smuggling bust, and he served 13 years before he was paroled. That parole was revoked. The TKPOTD for nine years ago today dealt with that revocation.

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Most folks who have been following the Saga of The Dread Pirate Kimberlin know that he had his parole revoked, and most believe it was revoked for failure to make good on the judgment due Sandra DeLong. That’s true, but there was another reason—mortgage fraud. The following is from the U. S. District Court opinion upholding the revocation of TDPK’s parole [Kimberlin v. Dewalt, 12 F.Supp.2d 487 (1998)]:

On March 25, 1997 the Commission issued a summons that was served on petitioner on April 10, 1997, requiring his presence at a preliminary interview. Petitioner was charged with (1) submitting a fraudulent loan application by making a false statement as to a material fact when he denied having an outstanding judgments against him; and (2) noncompliance with the special payment condition. On April 25, 1997 petitioner attended a preliminary interview by Probation Officer Catherine J. Kirby. At that hearing petitioner denied the charges, claimed poverty and said he was trying to settle the matter with Sandra DeLong. Officer Kirby concluded that petitioner had fraudulently concealed from the mortgage company the true extent of his indebtedness and that he intended to “make sure that [Sandra DeLong] gets as little money as possible.”

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As of close of business on Friday, the Seventh Circuit hasn’t ruled on his pending appeal and the Supreme Court hasn’t docketed a petition for writ of certiorari from Kimberlin. I’m watching both the dockets of both courts.

Stay tuned.

Team Kimberlin Post of the Day

The TKPOTD for six years ago today dealt with my ability to foreseen upcoming events.

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popcorn4bkOK. Some of the Gentle Readers are wondering, “Did Hoge really foresee that LOLsuit The Dread Pro-Se Kimberlin filed against Senators McConnell and Grassley?” The truthful answer is yes and no. Yes, I foresaw that Kimberlin was likely to do something amazingly bold but mind-bogglingly stupid. No, I didn’t foresee Congress as his target. OTOH, he’s sued Senator Orin Hatch several years ago and Madeleine Albright when she was Secretary of State, so I’m not surprised by the grandiosity of his really futile and stupid gesture.

Some days, all one has to do is sit back, watch, and wait for the mistake to be made.

* * * * *

Some days, things proceed better than I have foreseen.

Team Kimberlin Post of the Day

Brett Kimberlin is known for trying get default judgments against defendants by playing games with service of process of his LOLsuits. The TKPOTD for six years ago today dealt with his attempt to dodge being served in the Hoge v. Kimberlin, et al. lawsuit. Scrolling through the MoCo Deputy Sheriff’s affidavit shows that Kimberlin refused to accept service and sarcastically wished the deputy luck in finding him.

* * * * *

These are Docket Items 17 to 19 from Hoge v. Kimberlin, et al.

Everything is proceeding as I have foreseen.

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Here’s what I foresaw. When Kimberlin appeared in court for another case, he got served. By Aaron Walker.Heh.

Team Kimberlin Post of the Day

Brett Kimberlin is a slow learner. Even after losing his first state LOLsuit against a group of defendants which included me and his first federal RICO LOLsuit against a larger group of defendants which included me, he refilled the state claims from that federal case against most of the us. Yet Another LOLsuit from seven years ago today was about that second state case.

* * * * *

The Dread Pro-Se Kimberlin has filed state law claims from his Kimberlin v. The Universe, et al. RICO Madness in the Circuit Court for Montgomery County. He’s named the following defendants: National Bloggers Club, Ali Akbar, Patrick Frey, Erick Erickson, Michelle Malkin, Glenn Beck, Aaron Walker, Yours Truly, Lee Stranahan, Mandy Nagy, Breitbart.com (sic), DB Capitol Strategies, Dan Backer, Mercury Radio Arts, Blaze (sic), Ace of Spade (the blog), Ace of Spades (the blogger), RedState, and Twitchy.

The suit claims are for Defamation of Character, Invasion of Privacy (mentioned twice), Interference with Business Relations, Interference (with what is unspecified), Battery, Infliction of Emotional Distress, and Conspiracy.

That’s as much as I can gather from the Maryland Judiciary Case Search online database. I can’t make any further substantive comment about this LOLsuit until I’ve reviewed the complaint with counsel.

Comments are open, and suggestions for a working name for this LOLsuit are solicited. Please keep it clean.

UPDATE—TDPK forgot to add Mopery with Intent to Lurk again.

* * * * *

He really screwed up by filing that second state case. As part of dismissing the suit for failure to state a claim upon which relief could be granted, the judge found that Kimberlin’s claims for defamation failed because his reputation as an infamous criminal was so poor that he was defamation proof.

Team Kimberlin Post of the Day

The far over the last decade, Brett Kimberlin has lost all the appeals he’s filed in his various court cases. The TKPOTD for seven years ago today took note on one those appeals.

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popcorn4bkThe Dread Pro-Se Kimberlin has filed a notice of appeal of the dismissal of the RICO and Ku Klux Klan Act claims in his Kimberlin v. The Universe, et al. RICO Madness. Timing is important, but I don’t think that I’ll tell TDPK what’s so important about timing in this case—at least, not just yet.

Tick, tock.

* * * * *

That appeal was untimely. The whole case before the District Court had not been decided, so it wasn’t ripe for appeal.

Team Kimberlin Post of the Day

Matt Osborne was one of the members of Team Kimberlin who served as editor of Breitbart Unmasked Bunny Billy Boy Unread. Here’s what he thought was newsworthy nine years ago today.

Just like the rest of the Team Kimberlin crew, Matt Osborne is a failure.

After that post went up, Aaron successfully defended himself in three of The Deadbeat Pro-Se Kimberlin’s LOLsuits, successfully represented me in one of Kimberlin’s appeals to the Fourth Circuit, and successfully represented clients in a LOLsuit filed by Bill Schmalfeldt.

Team Kimberlin Post of the Day

One of the problems Brett Kimberlin has had with his pro se lawfare is that he’s routinely failed to address issue raised by the defendants in their court papers. The TKPOTD from seven years ago today cites an example.

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Apparently, The Dread Pro-Se Kimberlin has never read any of the motions to dismiss filed in hid vexatious Kimberlin v. The Universe, et al. RICO Madness.ECF 119-3

Oh, yes we have. For example, here’s a brief selection from my motion to dismiss that deals with the lack of merit of his defamation claim.ECF 5-33Here’s a sample from DB Capitol Strategies’s motion to dismiss dealing with problems in TDPK’s false light allegations.ECF 8-VIHere’s a part of what The Franklin Center had to say about the inadequacy of TDPK’s defamation claim.ECF 16-1Among many other issues, The motion from Michelle Malkin and Twitchy noted this deficiency in TDPK’s allegations under the Ku Klux Klan Act.ECF 41-DAnd so on and so on, through the motions from Aaron Walker; RedState, Erick Erickson, RedState, James O’Keefe, and Simon & Schuster; and Glenn Beck, Mercury Radio Arts, and The Blaze.

It’s not the case that we defendants failed to point out the lack of merit in TDPK case. Rather, Brett Kimberlin chose not to correct his errors.

#Fail

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He’s continued this behavior in recent appeals in the Speedway Bombing case, and he’s lost one of those appeals so far.