Team Kimberlin Post of the Day


One of the silliest claims that The Dread Deadbeat Pro-Se Kimberlin made in this LOLsuits was that he had lost work as a State Department contractor because of a RICO conspiracy. The TKPOTD from five years ago today took a look at that claim.

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The Dread Pro-Se Kimberlin claims that it was nefarious actions by his imagined RICO conspiracy that cost Justice Through Music Project its contracts with the State Department. No, really. It’s right here in his proposed second amended complaint in his Kimberlin v. The Universe, et al. RICO Madness.ECF 100-152Believe it or not, this isn’t TDPK’s first attempt to get involved in Middle Eastern diplomacy. He had a go at it back when he was in prison. Yvonne Abraham reported the following at the Boston Phoenix back in 1996 in an article about Mark Singer’s book Citizen K:

And Kimberlin soon began undermining his own credibility. The more Singer got to know him, the stranger the prisoner became. Believing himself exceptionally talented, Kimberlin was certain he’d become an international recording star, and he thought he might just ask Sting or Paul McCartney to co-write some songs with him. He’d also tried to intervene in the Iraq crisis of 1990, in the hopes of averting the Gulf War, thereby making a hero of himself. “The plan was for Hussein to release these hostages — the human shield — to my mother,” he told Singer. Naturally, his own subsequent release would have been a given had the Iraqi ambassador to the United States acted upon the letters Kimberlin had his mother hand-deliver.

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

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When I filed a Freedom of Information Act request for information relating to any contracts let to Justice Through Music Project, Velvet Revolution US, or Brett Kimberlin, the State Department responded that they had no record of any such contracts.

I’m not sure who to disbelieve.
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Team Kimberlin Post of the Day


Yesterday’s TKPOTD took a look back to Team Kimberlin’s failed effort to use a lawsuit filed by Nadia Naffe against Patrick Frey (aka Patterico) as part of their campaign of lawfare. All of Kimberlin’s attempts at brass knuckles reputation management have failed. Meanwhile, the bloggers he sought to punish are … well, this list of world-wide website rankings tells the story.

patterico.com  187,493

protectourelections.org 3,060,676
breitbartunmasked.com 4,971,275
empr.media 5,089,188
jtmp.org 6,385,787

Everything is proceeding, and some are receding, as I have foreseen.

Team Kimberlin Post of the Day


Four years ago, The Dread Deadbeat Pro-Se Kimberlin has lost all but one count of his RICO Madness LOLsuit in U. S. District Court, so he filed an appeal with the Fourth Circuit and recycled his state law claims by filing his RICO Remnant LOLsuit. I wrote about them both in a couple of posts four years ago today. One was a TKPOTD. The other was titled Yet another LOLsuit.

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The Dread Pro-Se Kimberlin’s appeal in the Kimberlin v. The Universe, et al. RICO Madness lolsuit proves one thing: that Brett Kimberlin is an untrustworthy liar. He settled that suit with five of the parties—The American Spectator, The Franklin Center, James O’Keefe, Simon & Schuster, and Lynn Thomas. Now, in spite of agreeing that the matter was settled with those parties, he is including them among the defendants in his appeal.

These folks thought they had come to a final agreement with Kimberlin. Legally, they did, but nothing is final for Kimberlin until he gets his way.

Given this example, it certainly seems that anyone who trusts Brett Kimberlin is a fool.

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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.

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The clear winner in the comment section for a suggested name for the LOLsuit was submitted by Dr_Mike.

Let’s see: (liberties are taken with the truth, deal with it.)

Brett Kimberlin and the Source of (Quayle getting) Stoned
Brett Kimberlin and the Probation of Secret (Commutation)s
Brett Kimberlin and the Prisoner of GoesKaboom
Brett Kimberlin and the Goblet of Wine Coolers for Teenaged Girls
Brett Kimberlin and the Order to Show Cause
Brett Kimberlin and the Half-Pint Perjury
Brett Kimberlin and the Deathly Murder of Julia Scyphers

Heh.

Team Kimberlin Post of the Day


Yesterday’s TKPOTD dealt with one of The Dread Deadbeat Pro-Se Kimberlin’s failure to pay attention to details. So does today’s which originally ran five years ago. This was one of my favorites of his screwups.

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Here’ another example of The Dread Pro-Se Kimberlin’s carelessness in his pleadings. It’s from the prayer for relief in his proposed second amended complaint.ECF 100-2k$2,000.000 is two-thousand dollars. The last time I checked, $2,000 does not exceed $75,000.

That math error is not the only consequential problem with that claim.

#Fail

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Math is hard.

Team Kimberlin Post of the Day


Shoddy workmanship is a characteristic of almost everything Brett Kimberlin does. One obvious example is his “music.” Another example is his failure to attend to such a simple requirement as sequentially numbering paragraphs in a court paper. This TKPOTD is from four years ago today.

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Federal Rule of Civil Procedure 10(b) states: “A party must state its claims or defenses in numbered paragraphs …” Here’s how The Dread Pro-Se Kimberlin numbered the paragraphs in his Kimberlin v. Team Themis, et al. RICO2 Electric Boogaloo suit.

Unnumbered, unnumbered, unnumbered, unnumbered, unnumbered, 1, 2, 3, 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, unnumbered, unnumbered, unnumbered, unnumbered, unnumbered, unnumbered, unnumbered, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, unnumbered, unnumbered, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, unnumbered, unnumbered, unnumbered, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129 ,130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 133, 134, 135, 136, 137, 138, 139, 140, 141

popcorn4bkThe “reasoning” presented in those paragraphs is even more poorly organized that their numbering.

Meanwhile, the time to file an amended complaint without first seeking the court’s permission has passed. So has the time to file an opposition to my motion to dismiss the suit against me.

Tick, tock.

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It took a while, but the District Court eventually granted both my motions to dismiss, one for lack of jurisdiction and the other for failure to state a claim. The Dread Deadbeat Pro-Se Kimberlin appealed to the Fourth Circuit Court of Appeal which wound up awarding me a $600 sanction against Kimberlin “for filing a frivolous appeal in violation of Federal Rule of Appellate Procedure 38.”

Team Kimberlin Post of the Day


One of the consistent aspects of Team Kimberlin’s campaign of lawfare has been their abject incompetence at litigation. Back in 2016, I took a look at their failures in the context of what the U. S. military considers as the Nine Principles of Warfare. Three years ago today, the principle du jour was maneuver.

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In yesterday’s TKPOTD, I pointed out how Team Kimberlin’s lack of understanding of the principles of warfare has rendered their lawfare campaign ineffective. Today, we’ll look at an example of a failure to properly apply the principle of maneuver.

Maneuver – Place the enemy in a position of disadvantage through the flexible application of combat power. Maneuver is the movement of forces in relation to the enemy to gain positional advantage. Effective maneuver keeps the enemy off balance and protects the force. It is used to exploit successes, to preserve freedom of action, and to reduce vulnerability. It continually poses new problems for the enemy by rendering his actions ineffective, eventually leading to defeat.

—U. S. Army FM 3-0

Let’s consider how The Dread Pro-Se Kimberlin failed to place his opponents in a position of disadvantage during the discovery process in the Kimberlin v. Frey RICO Remnant LOLsuit. He served requests for production of documents on Patrick Frey and tried to serve subpoenas for documents on Aaron Walker and me. It’s clear that he was fishing for discrepancies in order to play “gotcha” games. However, his service of the subpoenas was defective. Aaron elected to ignore his subpoena, and when TDPK filed a motion to compel, it was denied because of the defective service. (Judge Hazel’s Letter Order spelled out what was wrong: TDPK had served the subpoena himself in violation of Rule 45.) I let TDPK  have the responsive documents I had, hoping to avoid the hassle of a motion to compel. I was rewarded with a motion for sanctions when Kimberlin didn’t like what I was able to give him.

Undeterred, TDPK decided that he would subpoena Aaron, Aaron’s wife, and me for depositions, and on 10 March, he personally handed the Walkers’ subpoenas to Aaron and my subpoena to me. Of course, that violated Rule 45 again, so the service was invalid. Moreover, the scheduled date for the depositions was yesterday, 11 April, and discovery ended on 1 April.

At no time did Kimberlin’s actions provide him with a positional advantage. Indeed, it was he who was thrown off balance. His wound up posing new problems for himself rather than Patrick Frey or Aaron Walker or me. His own actions were ineffective and led to his defeat on the motion to compel against Aaron and will likely lead to his overall defeat in the suit.

#Loser

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What is essential in war is victory, not prolonged operations.

—Sun Tzu

Team Kimberlin Post of the Day


A commenter to yesterday’s TKPOTD brought up the fact that The Dread Deadbeat Pro-Se Kimberlin tried to stick his nose into the Blankenship mine disaster criminal case. Of course, he was unsuccessful and wasn’t able to bootstrap that effort into some sort of useful something or other for his RICO 2: Electric Boogaloo LOLsuit. Today, we look back to the TKPOTD from four yeas ago which dealt with another failed attempt by The Dread Deadbeat Protector Kimberlin to meddle in someone else’s legal matter.

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Brett Kimberlin has tried to make a name for himself fighting for clean elections through Velvet Revolution US, the 501(c)4 he cofounded with moonbat broadcaster Brad Friedman.

King Lincoln Bronzeville Neighborhood Ass’n v. Blackwell was a voter fraud case in Ohio that accused Republican Secretary of State Ken Blackwell of conspiring to deprive Ohioans of their right to vote for Democrats. At one point, Kimberlin stuck his nose into the proceeding.

The Blackwell case wound up being dismissed.

Is anyone surprised that Velvet Revolution US has never found any election irregularities implicating Democrats, not even in Chicago?

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And so Kimberlin failed in that effort at election protection, but not as spectacularly as he failed in his 2016 effort to protect us from Donald Trump. In 2017, he changed the Velvet Revolution US corporate name to Protect Our Elections/EMPR. <sarc>Maybe that will help improve his performance.</sarc>