Team Kimberlin Post of the Day


One of the recurring themes of pointage, laughery, and mockification directed at Team Kimberlin is their massive incompetence with litigation. The TKPOTD from two years ago today dealt with one instance of The Dread Deadbeat Pro-Se Kimberlin’s poor witness examination technique.

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Here’s one more example of The Dread Pro-Se Kimberlin’s ineptitude in the courtroom. During the District Court hearing for the peace order petition he filed against me in 2015, he tried to use tweets sent by someone else with my name attached to them as evidence that I had commented on a post about Tetyana Kimberlin’s elder daughter. I didn’t authenticate the tweets during the District Court trial, and he tried to recycle them during the Walker v. Kimberlin, et al. trial last year.

MR. KIMBERLIN: I’m going to show you Exhibit 31.

MR. HOGE: Oh, yeah, these are the forged comments that you tried to introduce in the peace order hearing back in March of 2015.

MR. KIMBERLIN: Do you recognize that one?

MR. HOGE:  I–

THE COURT: He just said that they’re forged, so he can’t authenticate them.

MR. HOGE: I cannot authenticate it; they’re forged.

THE COURT: Give them to the clerk, please, they’ve been marked.

Failing failures gotta fail.

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Not only did I get the fact that Kimberlin was trying to use forger evidence before the judge and the jury, but I also managed to let them know that he’d be caught trying the same stunt before.

Never ask a witness an answer to a question that you don’t know the answer to.

Team Kimberlin Post of the Day


Only one of The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits against me ever made it to trial. The TKPOTD for two years ago today dealt with one of my favorite moments of that trial.

One of the rules for questioning a witness is to never ask a question that you don’t already know the answer to. Another is don’t ask question that help the other side. Yet another is don’t ask questions that hurt your side. TDPK hit a trifecta.

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Yesterday, a commenter alluded to this bit of incompetent litigation by The Dread Pro-Se Kimberlin that occurred during the Kimberlin v. Walker, et al. LOLsuit trial.

MR. KIMBERLIN: Okay, now when you call me a pedophile repeatedly —

MR. WALKER: Uh-huh.

MR. KIMBERLIN: 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?

MR. WLAKER: 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.

MR. KIMBERLIN: I understand.

THE COURT: You asked the question.

MR. KIMBERLIN: I understand.

Go ahead.

MR. WALKER: And in that book it discusses how you had a very questionable relationship with a young girl. He identifies her as Jessica Barton. Her real name I have since learned is [redacted]. She was 10 years old when you came into her life according to Singer. And it also, by the way, this is backed up by Indianapolis Star newspaper articles I’ve also read. She was 10 years old when she came into your life. She was 14 years old when you left it, I think I understand when you were arrested for the series of bombings you committed and you were convicted of.

And Aaron proceeded to spend most of the next 15 minutes or so outlining for the jury what his reasons were to believe that Brett Kimberlin was a pedophile.

Of course, TDPK’s stupid mistake didn’t really wind up affecting the jury’s deliberations; they never got the case. Judge Johnson granted a directed verdict for the defendants after TDPK rested his case because he never presented a “scintilla” (the judge’s word) of evidence that Aaron Walker, Stacy McCain, Ali Akbar, or I had defamed him.

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Sometimes things proceed even better than I have foreseen.

Team Kimberlin Post of the Day


Five years ago today, I ran this post titled Brett Kimberlin, Racketeer? when it came out that he was trying to get control over the National Bloggers Club.

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It appears that The Dread Pro-Se Kimberlin has reverted to being The Dread Pirate Kimberlin and has taken steps to attempt to achieve control of the National Bloggers Club. Since TDPK alleges that the NBC is a racketeering enterprise, I suppose Kimberlin intends to add its nefarious operations to his existing suite of corporate entities.

Also, is he now suing himself?

This may get to be interesting.

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His futile attempt to get any control over the National Bloggers Club is classic example of his failure to think his plans through. No wonder he’s lost at almost every turn.

Team Kimberlin Post of the Day


Brett Kimberlin’s life has been filled with grandiose schemes that backfired. His pseudo-black-op cover story for his dope smuggling failed, resulting in his first multiyear sentence. His attempts to use bombings to divert police energy from a murder investigation ran his prison time up to double digits. His attempts to use lawfare to stop truthful reporting about who he is and what he is doing resulted in expanded attention to who he is and what he is doing. The TKPOTD points out one of the core reasons for the failure of his lawfare.

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The Dread Pro-Se Kimberlin has been given until close of business this Friday to file any further amendments to his complaint in the Kimberlin v. The Universe, et al. RICO Madness. One reason he wishes to do so is that so much of his existing amended complaint has been gutted by the various motions to dismiss. As we wait this week for TDPK’s latest magnum opus, let’s review some of the better bits from those motions to dismiss.

Since this is my blog, I’ll start with my discussion of the deficiencies in his allegations of defamation.

32. Plaintiff is a public figure who is defamation proof. He became the object of public attention when he was tried and convicted as the Speedway Bomber. See U.S. v. Kimberlin, 527 F.Supp. 1010 (S.D. Ind. 1981) and 483 F.Supp. 350 (S.D. Ind. 1979). He broadened his fame when, while still in prison on bombing and drug smuggling charges, he claimed to have sold marijuana to then-Vice-Presidential-candidate Dan Quayle. See Kimberlin v. Quinlan, 6 F.3d 789, 791 (D.C. Cir. 1999). Further public interest was generated when his parole for the bombing and drug charges was revoked. Kimberlin v. Dewalt, 12 F.Supp.2d 487 (D. Md. 1998). It was revoked because of failure to make restitution to the widow of a bombing victim (herself a wounded victim) which was a condition of his parole. He achieved another measure of fame when he sued the Bureau of Prisons because he was not allowed to possess an electric guitar in prison. See Kimberlin v. U.S. Dept. of Justice, 318 F.3d 228 (D.C. Cir. 2003). As a public figure, he has not alleged any instance demonstrating actual malice or a reckless disregard for the truth by any of the defendants. NYT v. Sullivan, 376 U.S. 254 (1964).

33. As can be seen by the partial listing of Plaintiffs history in the paragraph above, he has considerable reputational baggage. Citizen K: The Deeply Weird American Journey of Brett Kimberlin (Singer, Mark, Knoff, New York, 1996.) is an authorized biography of Kimberlin. It insinuates that Plaintiff had an improper relationship with a ten year old girl (p. 78.), that he was suspected of having arranged the murder-for-hire of the girl’s grandmother. (pp. 82, 83.), and that the subsequent Speedway Bombings were an attempt to distract the murder investigation (p. 89.). The book tells of other unsavory actions, including Plaintiffs bragging about sabotaging military equipment while working in a prison industry (p. 184.). Plaintiffs status as public figure is not unlike Nathan Leopold’s (of Leopold and Loeb); when one commits a sufficiently infamous crime, one becomes a public figure from that day onward. See Leopold v. Levin, 45 Il1.2d 434 (1970).

34. In paragraph 181 of the Amended Complaint Plaintiff alleges that statements by the defendants concerning his behavior make him appear “odious, infamous, and/or frightening” without, as noted above, alleging which particular statement(s) by which particular defendant(s) were defamatory. However, Plaintiff in the past has tacitly acknowledged his reputation (as a perjurer, drug smuggler/wholesaler/dealer, bomber, murder suspect, etc.) is bad. See e.g., U.S. v. Kimberlin, 805 F. 2d 210, 223-24 (7th Cir. 1986). Indeed, it is so bad as to render him defamation proof. See Jackson v. Longscope, 394 Mass. 577 (1985).

There was one other problem with his allegation of defamation against me.

31. Even if the alleged statements made by Defendant Hoge be defamatory, any claim by Plaintiff is barred by the statute of limitations (Md Courts & Judicial Proc. § 5-105.) because all alleged statements by Mr. Hoge were made more than one year before the filing of the instant suit. 

It won’t matter how he amends his complaint. Brett Kimberlin is a convicted serial bomber, and, like other serial bombers (The Unibomber Ted Kaczynski, for instance), he’s now known as a notorious criminal. He’s defamation proof.

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IANAL, but my opinion that Kimberlin is defamation proof was confirmed. The defamation claim in the RICO Madness LOLsuit was based in state law, so when Judge Hazel dismissed the federal claims in that case for failure to state a claim upon which relief could be granted, he dismissed the state claims for lack of jurisdiction. However, when The Dread Deadbeat Pro-Se Kimberlin filed them as the RICO Retread LOLsuit in state court, Judge Mason dismissed them for failure to state a claim, and one of the bases for that failure with respect to defamation was a finding that Kimberlin is, as a matter of law, defamation proof.

In the process of losing the RICO Remnant LOLsuit, TDPK most likely destroyed any possibility of winning another defamation case.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


Here’s the TKPOTD from five years ago today. I’ve got some further comments about The Dread Deadbeat Pro-Se Kimberlin’s absurd stalking claim further below.

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This is from paragraph 30 of The Dread Pro-Se Kimberlin’s frivolous Kimberlin v. Walker, et al. lawsuit that he’s filed in the Circuit Court for Montgomery County, Maryland.BK v AW AmendCompl 30

Brett Kimberlin is a public figure, and any court case involving him is a legitimate news story. A blogger’s attendance at an open court hearing in order to cover such a story is protected by the freedom of the press clause of First Amendment. Furthermore, in order to stalk someone in Maryland … oh, I’ll let the statute explain itself …

Md. CRIMINAL LAW Code Ann. § 3-802

(a) “Stalking” defined. — In this section, “stalking” means a malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:
(1) (i) of serious bodily injury;
(ii) of an assault in any degree;
(iii) of rape or sexual offense as defined by §§ 3-303 through 3-308 of this title or attempted rape or sexual offense in any degree;
(iv) of false imprisonment; or
(v) of death; or
(2) that a third person likely will suffer any of the acts listed in item (1) of this subsection.

(b) Applicability. — The provisions of this section do not apply to conduct that is:(1) performed to ensure compliance with a court order;
(2) performed to carry out a specific lawful commercial purpose; or
(3) authorized, required, or protected by local, State, or federal law.

So what TDPK is alleging is that my being in the same courthouse as he was, surrounded by bailiffs, deputy sheriffs, county police, and state troopers, put him in fear of serious bodily injury, assault, rape, false imprisonment, or death—or made him fear for some third party’s safety. I don’t know about you, but it seems to me that only a compulsive liar could say that with a straight face.

But let’s pretend that he really was frightened by my being at the courthouse. As the judges have told him, I had a right under state law to be present at open court hearings. There is also the protection offered by First Amendment, but Brett Kimberlin has shown over and over again that his is no friend of the freedoms of speech or of the press.

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For some reason, the judge who presided at the hearing on motions to dismiss the Kimberlin v. Walker, et al. LOLsuit failed to dismiss the stalking count. She should have because stalking isn’t a cause of action for a civil suit in Maryland. Indeed, stalking not being a tort was the ground that the judge who presided at the hearing on motions for summary judgment threw out the claim at that point.

Shining the light on certain vermin will usually make them scurry away into hiding. Not all of them can make to cover, and some of the ones who can’t will try to extraordinary means to punish those who tell the truth.

Team Kimberlin Post of the Day


About a month-and-a-half after The Dread Deadbeat Pro-Se Kimberlin filed his Kimberlin v. Walker, et al. nuisance LOLsuit against Aaron Walker, Ali Akbar, Stacy McCain, Kimberlin Unmasked, and me, he filed the his federal LOLsuit that I mockingly referred to as Kimberlin v. The Universe, et al. RICO Madness LOLsuit. By the time he finished adding parties, there were two dozen defendants in that case. The RICO Madness LOLsuit was dismissed except for one count against one defendant. A civil rights complaint against Patrick Frey (who blogs as Patterico) was allowed to go forward into discovery. I renamed that part of the case the RICO Remnant LOLsuit.

Although I was a non-party in Kimberlin v. Frey, TDPK sent me a subpoena for emails and other communication I had had with Patterico. The service on the subpoena was defective, so I didn’t have to comply. However, I voluntarily gave Kimberlin the emails I had which were not subject to joint defense privilege. I did so because there was nothing in the emails that was related to his LOLsuit, and I hoped to avoid any further involvement in the case,

I was wrong.

Kimberlin asked the court to sanction me because I didn’t give him what he wanted.

Three years ago today, I ran a Kimberlin v. Frey News post that contained my opposition to his motions for sanctions. As you can see, I had to file part of my opposition under seal.

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The Dread Pro-Se Kimberlin filed a motion for contempt or sanctions against me in the Kimberlin v. Frey RICO Remnant LOLsuit. Last week, he finally got around to serving a copy of the motion on me. I have now filed a response. Because I had to discuss confidential discovery material from the case in my filing, I have filed it partially under seal.

Here is the redacted version that is publicly available on PACER.

The motions speak for themselves. I do not wish to make any further comment on the matter until the court has ruled.

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The court never actually ruled on Kimberlin’s motion to sanction me. However, it became moot when summary judgment was granted in Patterico’s favor and the case was terminated.

I’m still bound by the protective order, so I can’t talk about the contents of the emails, except to say the really weren’t helpful to Kimberlin’s case. In fact, if I hadn’t been bound by the protective order, I might have used them in my suit against Kimberlin.

Whatever.

Team Kimberlin Post of the Day


Folks just finding this blog are sometimes confused by the ongoing coverage of Brett Kimberlin and his minions. This TKPOTD from four years ago provides some historical perspective. The Gentle Reader should note that it was written after Kimberlin had lost the first state LOLsuit, but before any of the follow on federal or state cases had been resolved.

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Every once in a while, I find it useful to present a review of some of the names used for Brett Kimberlin and Team Kimberlin and how they have evolved. After all, not all the Gentle Readers have been following The Saga since May, 2012, as I have.

Back in May, 2012, Brett Kimberlin had secured an unconstitutional gag order against Aaron Walker that prohibited Aaron from even speaking or writing about Kimberlin publicly. I began referring to Kimberlin as Lord Voldemort (i.e., “He who must not be named”) and his supporters as Death Eater Wannabes. After the gag order was overturned, it wasn’t long before Kimberlin put up a pirate-themed fundraising website called the Bloggers Offense  Fund. (That was an attempt to play on the name of a site called the Bloggers Defense Fund.) That’s when I began referring to Kimberlin as The Dread Pirate Kimberlin.

TDPKVarious members of Team Kimberlin have earned positions on the crew. These include First Mate Neal Rauhauser, Cabin Boy Bill Schmalfeldt™, Very Ordinary Seaman Ferguson, Chief Pedo Officer Gillette, and 57F Osborne.

In mid 2013, Kimberlin upped the ante in his campaign of lawfare. He filed suit against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. He sued us in a Maryland state court for $1,000,000 claiming a bunch of stuff that boiled down to defamation and false light invasion of privacy in the end. Following the Team Kimberlin lawfare strategy, TDPK sued us without hiring a lawyer. Self-representation is referred to a acting pro se. Thus, The Dread Pirate Kimberlin morphed into The Dread Pro-Se Kimberlin.

TDPK has also been referred to as The Dread Pedo Kimberlin and The Dread Performer Kimberlin in reference to the charges filed against him by his wife and to his singing, respectively.

I’ll conclude with these words which were originally posted in September, 2012—

The Dread Pirate Roberts, so the story goes, is a pirate of near-mythical reputation, someone feared across the seven seas for his ruthlessness and swordfighting prowess, and who is well known for taking no prisoners. Ships immediately surrender and give up their cargos rather than be captured, a fate they imagine to be certain death.

The Dread Pirate Kimberlin is more like a legend in his own mind, a pretender who wishes to be feared for his ruthlessness and legal ability and to be known for vanquishing all comers in court. Critics, he thinks, should immediately stop telling the truth about him and give up their First Amendment rights at his command.

It turns out that Dread Pirate Kimberlin’s legal acumen seems to be as fictional as Dread Pirate Roberts’ existence. And no one will surrender to Dread Pirate Kimberlin.

UPDATE—As Ron Coleman notes in his comment below, some of the defendants in the RICO Madness have surrendered to TDPK. However, most have not. Four of us beat him in state court. The same four and our codefendants will also beat him in federal court.

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I should make several follow up comments.

First, The Dread Deadbeat Pro-Se Kimberlin lost every single civil case he filed and saw every single criminal complaint he filed dropped.

Second, he morphed from Dread to Deadbeat by not paying any of the sanctions imposed  against him or costs taxed to him.

Third, Ron Coleman and his co-counsel Bruce Godfrey followed through with their pro bono representation of blogger Patrick Frey, winning a summary judgment in the defendant’s favor on Kimberlin’s civil rights claim against Patterico.