Brett Kimberlin’s PR outlet Breitbart Unmasked told some truly outrageous lies attempting to flack for its publisher, but the bio on his personal website was completely disconnected from reality. The TKPOTD for eight years ago dealt with one of the most stupid.
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There are some things that are so far out in the ozone that you couldn’t make ’em up if you tried. I found this in Brett Kimberlin’s bio on his personal website (No, I won’t link to it.).
Brett has also been passionate about protecting the rights of minorities by exposing bigots, hate groups, and bullies.
Exposing bigots, hate groups, and bullies, huh?
I don’t know about you, but I class anti-Semites as bigots. Brett Kimberlin’s anti-Semitism is well documented.
Pretty much everything the members of Team Kimberlin try fails or, at best, performs below their expectations. Their campaign of lawfare is the prime example, of course. The TKPOTD dealt with one of the many failures associated with The Dread Deadbeat Publisher Kimberlin’s flagship PR operation, Breitbart UnmaskedBunny Billy Boy Unread.
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The Gentle Reader who has been following The Saga of Team Kimberlin for a few years may remember that in early 2017 Bill Schmalfeldt used his position as editor of Breitbart UnmaskedBunny Billy Boy Unread to publish a series of defamatory posts accusing me of plagiarism. He used without permission material from Hogewash! in one those posts, so I filed a DMCA notice with the ISP hosting BU which resulted in BU receiving an email which read in part:
For your information, I have received the following/attached notice of copyright infringement. The infringing materials must be removed from your site within 24 hours, or under the Digital Millennium Copyright Act (DMCA), we are required to block access to your site. Once we have had to do that, we cannot unblock it for a minimum of 10 days after you respond with the proper counter-notification under the DMCA or the individual submitting the notification advises us that the material has been removed.
Filing a counternotice would have required providing information concerning the actual ownership of BU and information for service of process on the owner and/or operator. Rather than give up that information, the site was moved offshore, first to Iceland and then to Holland. The Cabin Boy’s™ Breitbit News site moved to the same server at about the same time.
The other site hosted on that Dutch server is empr dot media, a Ukrainian “news” site. Of course, it could be purely coincidental, but I find it interesting that BU moved to a server hosting a Ukrainian PR website while Brett Kimberlin was working closely with a Ukrainian-American operative of the Democratic National Committee on a project to dig up dirt on the Trump Administration.
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Although, the BU site hasn’t had any new material since Bill Schmalfeldt went off for a winter vacation in Montana in late 2018, the Cabin Boy™ still maintains a connection, having tweeted a link to one of his defamatory posts only a few months ago.
Maybe they do know when they’re whipped. It’s been 858 days since anything new was posted at Breitbart UnmaskedBunny Bill Boy Unread. The last comment posted provides an excellent summation of the site—
Kimberlin’s empr dot media website continues to muddle along, but almost all of the news stories seem to relate to the quasi-war between Ukraine and Russia and COVID in Ukraine. Both are reasonable stories to be tracking, but … well, I’ll need to do a bit more research before I say more.
This blog is a sort of hobby. Oh, I run it as a business, and it makes a very modest profit, but I’m doing it because I enjoy it. I make the overwhelming bulk of my income as an engineer. Because Hogewash! isn’t my primary activity, I don’t spend every waking minute on it. Most of the time, I’m focus on something else. Seven years ago today, I spent most of my time on my day job and then had some Catching Up to do.
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Wow! I’ve spent the morning working and not paying attention to the blog or Twitter, and look at all I’ve missed!I have no idea what the Cabin Boy™ is going on about. It seems as if he’s complaining about some sort of threats. If he really has received credible threats, he should call the cops. If he’s simply trying to stir the pot, he should reflect on Maryland Criminal Law § 9-501 before he gets in over his head.
I may have more to say after I’ve reviewed the comment threads.
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I’m still in charge of this blog, but the Cabin Boy™ as had dozens of them fail over the past years. So had The Dread Deadbeat Publisher Kimberlin.
Six years ago today, I received a series of comments to Hogewash! that were clearly from Team Kimberlin for the purpose of harassment. Here’s one of ’em.So how did that threat work out for them?
Bill Schmalfeldt has gone through dozens of websites, free podcasting trials, Twitter accounts, and radio gigs, but the Cabin Boy’s™ web presence continues to shrink. The same is generally true for 57F Matt Osborne, Very Ordinary Seaman Ferguson, and, especially, The Dread Deadbeat Publisher Kimberlin.
Meanwhile, Hogewash! continues to muddle along as a minor league blog in the right side of the blogosphere.
The apparent reason is that there is no hardware connected to their IP address. These sites first went dark several months ago when their name sever was taken down. Now the server hosting them is gone.
Op-Critical’s account on MySpace (yes, MySpace still exists) appears unused and doesn’t seem to have links to any of the band’s music. At least some of their videos are still on YouTube.
The TKPOTD for six years ago today dealt with several of the bogus claims Brett Kimberlin made against this blog in his RICO Madness LOLsuit.
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The Dread Pro-Se Kimberlin has alleged that the purposes of the reporting about his activities by the defendants in his Kimberlin v. The Universe, et al. has been to engage in money laundering and increase the value of our websites.As to the money laundering allegation—he has never produced a single bit of evidence that any of the defendants have engaged in any illegal activities that would generate funds that require laundering. With no dirty money there is nothing to be laundered. Thus, he hasn’t properly alleged that activity.
As to building the value of our websites—Well, sure, folks like Stacy McCain who make their livings by blogging gear their coverage to generate readers who will hit their tip jars. (Stacy’s is here.) While this blog tries to make money (here’s my Tip Jar), it isn’t how I really earn my living. Selling engineering advice to outfits like NASA is much more lucrative.
I think Brett is simply frustrated and jealous that his sites are unsuccessful even after a decade of full-time Internet presence. Hogwash! has vastly more traffic. If this blog is a bush league operation, Kimberlin’s sites are T-ball. Here’s the relative rankings per Alexa.Brett Kimberlin is a jealous loser.
Meanwhile, the timer is ticking down. His omnibus opposition to all of those motions to dismiss the RICO Madness is due by close of business next Monday. Can he stitch together something from the “facts” he’s alleged that will support at least one of his claims? What cockamamie legal theories will he advance to try to save his case? I suppose we’ll know the answers in a few days.
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BTW, if spinning false narratives were a reliable way to increase the value of a media property, why hasn’t The Dread Deadbeat Publisher Kimberlin made a fortune off of breitbartunmasked dot com, and why is AT&T trying to sell CNN?
Brett Kimberlin appears to have consolidated the hosting for some of his web domains on a xeonhosting dot net server in The Netherlands. The pre-2019 versions of jtmp dot org and protectourelections dot org are up. For a few days the DONATE button on the Protect Our Elections site linked to a PayPal account, but it now dead end to a Donate page with no links.
I find it interesting that those two site seemed to have lost their later content. Both had had some material posted in 2019, the POE site was still trying to spin a Russian election hacking story earlier this year. FWIW, there’s noting posted after December, 2018, at breitbartunmasked dot com either. That was when Bill Schmalfeldt began his career move into the part-time radio announcer business..
Speaking of Breitbart UnmaskedBunny Billy Boy Unread, this Prevarication Du Jour from seven years ago today chronicles one of that site’s many lies.
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One of my codefendants in the Kimberlin v. The Universe, et al. RICO lawsuit is DB Capitol Strategies, a firm run by Dan Backer. Dan got on The Dread Pirate Kimberlin’s enemies list because he represented Aaron Walker in his suits against TDPK in 2012.
The picture and caption on the right are from the sidebar Breitbart Unmasked (No, I won’t link to it.). Like so much of the junk found at that site, it is utterly wrong. The only thing they got right about Dan is the spelling of his name. For example, he did not argue McCutcheon v. FEC at the Supreme Court. According to the Court’s transcript, Erin Murphy did.
Not only are the bozos who run that site liars, they’re not very good liars—as a 30 second Google search often demonstrates.
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Neither The Dread Deadbeat Pirate Publisher Kimberlin nor the Cabin Boy™ has had much success these past few years.
Over the past couple of days, I’ve taken note of the disappearance of most, if not all, of the Kimberlin-related websites hosted in the U. S. It appears that the reason is that the registration for the web domain that hosted the name server for those sites has expired.
Whilst poking about the Interwebz Friday evening, I had difficulty checking up on several of Brett Kimberlin’s websites, the ones hosted by Fintel Associates.
Indeed, I was unable to ping the server that had been hosting jtmp dot org and protectourelections dot org.
I was also unable to reach any of the Kimberlin sites hosted on another Fintel server—almightymedia dot org, indictbreitbart dot org, occupyforaccoutability dot org, and op-critical dot com—and I was unable to ping that server.
OPSEC is a military acronym for Operation Security. Team Kimberlin’s OPSEC is very poor as the TKPOTD from three years ago today demonstrates.
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The document below was filed by the Kimberlins as part of a cross appeal in the Walker v. Maryland, et al. case in the Maryland Court of Special Appeals. it contains emails which I showed to Brett Kimberlin during the Hoge v. Kimberlin, et al. trial and which he identified as being his.
When I asked The Dread Pro-Se Kimberlin, “What is Fintel?”, he was stunned for a few seconds and finally responded that it was an address he sent email that he wanted to save. When I asked, “So you are Fintel?”, he stammered a bit of a non-response.
I think he had suddenly realized that he had screwed up big time. The emails did not wind up being admitted into evidence because the judge did not allow me to pursue the line of questioning I was trying to develop. However, the Gentle Reader may remember that the Breitbart UnmaskedBunny Billy Boy Unread About page used to say that BU is owned by Almighty Media. Almighty Media also has another website, the rather neglected almightmedia dot com. As part of my search for the address of Almighty Media for service of process in the recent lawsuit, I issued the following subpoena to its/their web hosting provider.
TDPK filed a motion to quash the subpoena. That motion was denied, but wouldn’t have made any difference. The service provider had promptly provided the billing information which was identical to the the current billing information for the server hosting breitbartunmasked dot com and jtmp dot org.
Why has Brett Kimberlin attracted such a bunch of losers to Team Kimberlin? Why would he hire such an incompetent as Bill Schmalfeldt as editor of Breitbart Unmasked, and do so more than once? My best guess is that Team Kimberlin is a real world example of the principle that first-rate managers hire first-rate employees while second-rate managers hire third-rate employees. Or maybe it’s an extension of that principle to fourth-rate managers and fifth-rate employees. It was as editorial mistake by Schmalfeldt that forced BU to move to an offshore server rather than give up the identity of its owner in order to file a DMCA counternotice.
Of course, the Dreadful Pro-Se Schmalfeldt has had a perfect record so far in copyright disputes. He’s consistently batted 0.000. This Prevarication Du Jour from five years ago today points out what happened in the Hoge v. Schmalfeldt copyright was.
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The Cabin Boy™ should be used to that kind of outcome. The settlement agreement for the Hoge v. Schmalfeldt copyright lawsuit granted him nothing of what he sought in his counterclaim, but I got the infringing material taken down—the most important item on my list.
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Past performance is no guarantee of future results, but in the Cabin Boy’s™ case, it’s the safe way to bet. I suspect he’ll be no more successful in his current copyright struggle than he has been in attracting subscribers to his latest waste of bandwidth on Youtube. As of 8:30 pm ET yesterday, he still had only 9 subscribers.
I mentioned in yesterday’s TKPOTD that the evidence I’ve seen leads me to believe that Brett Kimberlin is the person behind the Breitbart Unmasked website and that he has posted content to it and the (at)BreitbartUnmask Twitter account. The TKPOTD from seven years ago today also explored The Dread Deadbeat Publisher Kimberlin’s connection to BU.
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Well, Brett Kimberlin seems to have let his Breitbart Unmasked persona out of its cage. (n.b.: It really doesn’t matter whether the writing is done by Kimberlin or a ghostwriter hireling.) Yesterday, he put up the first post since late April at Breitbart Unmasked (No, I won’t link to it.), an attempt to slime Stacy McCain and his family. Stacy will no doubt respond with his usual series of tweets asking about the little girl in Indiana whose grandmother was murdered.
Also, during a period of about a half-hour yesterday evening, I received 26 rather bizarre tweets from the @BreitbartUnmask account. I get the general message that Brett Kimberlin isn’t pleased with me or my coverage of his activities. Tough. Back on 1 November, 2012, I blogged that by threatening to SWAT me and then not having the guts to follow through, Team Kimberlin convinced me of their cowardice. I wrote:
As Harry Truman once remarked, “I’ve been shot at by experts.” I’ve dealt with my share of tough guys and tough guy wannabes during my life. They’ve been to jail, and I haven’t. I look forward to seeing TDPK and his thugs and enablers brought to justice, and I intend to have some small part in that. I may have just become his worst nightmare.
Brett Kimberlin can expect that his every move is now being scrutinized. He can also expect to read about his activities here on this blog. He can expect to have the dealings of his “charities” gone over with a fine-toothed comb. I may not be 100% effective, but I am pigheaded enough to keep going. Eventually, justice will win.
Brett Kimberlin’s only real footprint on the Internet is on sites such as Hogewash! which tell the truth about him. None of his attempts at generating a web presence of his own have been successful. The TKPOTD for five years ago today took a look at the comments, or rather the lack of comments, he had been able to generate at the velvetrevolution dot us website. (That not-for-profit is now called Protect Our Elections/EMPR Inc.)
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Every once in a while, I take a look at the various Kimberlin websites to see what, if any, influence he may be having. I noticed this at the Velvet Revolution US site.No one has made any comments to the featured posts. Indeed, scrolling down the front page, I found that none of the posts had any comments.
It seems that the Dread Pro-Se Kimberlin is having about as much success in the marketplace of ideas as he is in the courts of law.
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You’d think that with the current controversy over vote-by-mail there would be some activity over at the protectourelections dot org website, but nothing new has been posted for almost three months.
In 2013, I sought a peace order against Brett Kimberlin. My petition was denied by the District Court, as was my appeal in the Circuit Court. I ran this post, Breitbart Unmasked Unmasked, seven years ago today in the afternoon after the appeal hearing. It outlines my case against Kimberlin. At the bottom today’s reposting I’ll explain the pieces of evidence that I didn’t have during the hearing that I believe would have convinced the judge to grant the peace order.
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OK, Gentle Reader, here’s the first installment in my side of the story. I know you tuned in looking for information on the Hoge v. Kimberlin peace order case, but in order for things to make sense, I need to begin with something about the editor of the Breitbart Unmasked website—
As those of you who have been following the Saga of The Dread Pirate Kimberlin and Team Kimberlin will remember, Bill Schmalfeldt has spent months harassing Lee Stranahan and his family with disgustingly crude filth, including incessant and impertinent questions regarding the death of a child during childbirth. On Monday, 11 February, Lee came to Maryland from Texas to file a harassment charge against Schmalfeldt. I picked Lee up at BWI airport, took him to dinner, took him to the District Court Commissioner’s Office, put him up for the night at my house, and dropped him back at the airport on Tuesday morning. BWI is just off of one of the routes I take to work.
On 14 February, I received 40 tweets in less than one hour from @BreitbartUnmask ranting about Lee Stanahan, Aaron Walker, and me. Just after midnight on 15 February, I posted a notice on this blog and on Twitter addressed to @OldUncleBastard, @BreitbartUnmask, and @OccupyRebellion demanding that they stop communicating directly with me. Note: The date/time stamps on the tweets in this post are in GMT; I’ll convert important ones to Eastern Time for clarity.
Later that day, Schmalfeldt sent a tweet via his @OldUncleBastard identity referencing my demand. He was clearly on notice.
OldUncleBastard @Xcitizen10 @BreitbartUnmask A commentator on @wjjhoge’s blog post http://t.co/uZkIc4lA explains what the right wing mafia cabal wants.
6:37 PM Feb 15th from web
Click on that link yourself and see.
He continued to send tweets to my @wjjhoge account. As a result, I filed a harassment charge against Schmalfeldt on 18 February. I also filed charges against Brett Kimberlin, Neal Rauhauser, and Bill Schmalfeldt related to another matter at the same time. This is not the place to deal with those issues.
Even though he was on notice and had had a criminal harassment charge filed, Schmalfeldt kept sending me tweets and addressed a blog post to me—not a post about me, one addressed to me. He also broadcast a threat against me on his Internet talk show as well as three other individuals. Because of that activity, I filed for a peace order against Schmalfeldt.
This the last tweet, time stamped at 8:17 am ET, Schmalfeldt sent out prior to being served with the peace order:
LiberalGrouch I wonder what @wjjhoge got by way of payment. Something to comb out the poop flakes from his beard? Hah. I kid. I’m a kidder. I kid that way.
1:17 PM Feb 17th from web
Aside from the juvenile attempt at potty humor, this tweet implies that I have been lying about being paid to blog or making money off donations or that I’ve been helping my friends Lee Stranahan and Aaron Walker from any motivation other than friendship. Let me state this very clearly: I have never been paid to write anything on this or any other blog. I have never received any donation or benefit from any of the bloggers or organizations I have promoted on this or any other blog. This blog is a hobby and an expensive one. I have personally borne all of the expense associated with it, including legal costs. I’m able to do this because I have an above average income working in a very senior engineering position. I’m getting old and may retire some day. When I do, I may put out a tip jar. But for now, my income is adequate to support this blog as a hobby.
At this point, Gentle Reader, you may be wondering what this has to do with Brett Kimberlin. Be patient. I need to lay the foundation for the story.
Schmalfeldt seemed quite agitated by the peace order. A few hours after being served, he rebroadcast the same threat he made earlier that week. @BreitbartUnmask tweeted for him to chill and “let legal handle it.”
BreitbartUnmask @LiberalGrouch @OccupyRebellion @Stranahan @AaronWorthing then don’t email him or anyone else. Let legal handle that from now on.
1:50 AM Feb 24th from Tweetbot for iOS
BreitbartUnmask @LiberalGrouch @OccupyRebellion @ Stranahan @AaronWorthing That would be a better course of action Bill. Let legal handle that.
1:51 AM Feb 24th from Tweetbot for iOS
BreitbartUnmask @LiberalGrouch @OccupyRebellion @Stranahan @AaronWorthing Understood Bill. Legal will deal with them 😉
1:53 AM Feb 24th from Tweetbot for iOS
The final hearing for that peace order was held on 28 February. The judge didn’t pick up on the fact that Schmalfeldt had had proper notice, so, relying on Schmalfeldt’s false statement that he had not, the judge let him off. But with a warning. He placed Schmalfeldt on notice to leave me alone, telling him that his activity would be harassment given notice and that he now had it.
Brett Kimberlin showed up at the courthouse to attend the hearing. He was excluded from the courtroom as a potential witness. Since he wasn’t called, he did not see any of the hearing, but he was present in the hall outside when the hearing ended. As some supporters and I were exiting the courtroom, we saw and heard Schmalfeldt’s lawyer loudly lecturing his client and Kimberlin. The gist of his warning was that they had been lucky that day, but if they kept it up, they’d go to jail. Note: I have appealed this case and won’t have any more to say about it until the appeal is heard.
Schmalfeldt kept it up, and, as we’ll see below, Kimberlin joined in.
But first a bit more Schmalfeldt.
One of those supporters exiting the courtroom with me was Aaron Walker. Aaron had come up to view the hearing so that he could blog about it. (OK, I need to do another aside: At that point in these peace order cases I was proceeding without a lawyer. I am now represented by Zoa Barnes. Aaron Walker does not now and never has represented me in any legal matter in Maryland.) Because it’s a two hour drive from Manassas, Virginia, to Westminster, Maryland, Aaron and his wife stayed at my house the night before and the night following the hearing. The next day, 1 March, Aaron stopped by the Howard County District Courthouse to file an harassment charge and a peace order against Schmalfeldt. Shortly after the peace order appeared online in the Maryland Judiciary Case Search database, Brett Kimberlin appeared at the courthouse trying to intervene. When he was unsuccessful at that, he took to stalking Mrs. Walker in the courthouse parking lot. Details here. Mrs. Walker was very shaken by the experience. I went to the courthouse and escorted the Walkers back to my house to rest.
While he was stalking Mrs. Walker, Kimberlin was photographed using a iPhone to take pictures of the Walkers. Some of his photos were subsequently published on the Breitbart Unmasked website. (No, I won’t link to it.)
Normally, the final peace order hearing comes a week after the temporary order is issued. In the Walker v. Schmalfeldt case, that hearing was put off for two additional weeks because of the death of Schmalfeldt’s mother. There were some interesting Kimberlin shenanigans related to the continuance, but they’re outside the scope of this post.
Beginning on 3 March, @BreitbartUnmask sent the following:
BreitbartUnmask @LiberalGrouch @DallasDumbass At anyrate , I think I will say @aaronworthing and @stranahan and @wjjhoge about as much as I want.
7:30 PM Mar 3rd from web
BreitbartUnmask Mr. W.J.J. Hoge Has Either Been Hoaxed, Or Is Very Stupid: http://t.co/bHA1eVIjfw #p2 #tlot
8:51 PM Mar 3rd from WP Twítter
BreitbartUnmask Mr. W.J.J. Hoge Has Either Been Hoaxed, Or Is Very Stupid: http://t.co/bHA1eVIjfw #p2 #tlot
6:50 PM Mar 4th from WP Twítter
BreitbartUnmask @OsborneInk @SwitRead @NealRauhauser @OccupyRebellion none. All charges brought by bi-polar Mike Stack and Wjj Hoge who is insane.
4:41 PM Mar 10th from Tweetbot for iOS
BlogBash is a blogger party/awards ceremony that is loosely associated with other events, one of which is the Conservative Political Action Conference. This year’s BlogBash at CPAC was held at a night club a couple of blocks from the convention center. On 7 March, one week before BlogBash, the venue received a call from someone who said he was Brett Kimberlin and who told the club that if they did not “cancel this event, I’m reaching out to the over 1000 organizations I am in contact with to put you guys out of business.” The club’s representative asked, “Are you threatening us, sir?” The caller replied, “No, I’m not threatening you I’m just pissed off. The guy who owns BlogBash has threatened me and my family and I am appalled that you would host his event.” The rant continued with a warning to expect a demonstration led by a fiery imam. Those threats, combined with the threat broadcast by Schmalfeldt, were taken seriously enough by the PG County Police that they beefed up security along the block where the event was held. You can see plenty of police cars in the pictures published about the event at Breitbart Unmasked. More about those pictures in a bit.
On 14 March, the date of BlogBash, @BreitbartUmask retweeted this from @OsborneInk:
OsborneInk .@ali @AaronWalker @wjjhoge Look out, it’s the Ides of March ! Obviously that means someone will explode Blog Bash w/their mind
1:25 PM Mar 14th from SocialOomph retweeted by BreitbartUnmask
Beginning at 6:21 pm that evening, he tweeted the following:
BreitbartUnmask @wjjhoge @Kimberlinunmask Zieg Heil Hoggy, Get your Nazi uniform on for zeee cameras you dumb piece of shit. Wait, you live in shit.
10:21 PM Mar 14th from web
BreitbartUnmask @Xcitizen10 @AkbartheFraud @ LiberalGrouch @yidwithlid Then it will be FILM AT 11..
10:22 PM Mar 14th from web
At around 9 pm, the threatened “demonstration” happened—a single guy with a camera who began accosting people coming and going from BlogBash. The photographer, who is believed to be Craig R. Gillette of Washington, DC, did not seem to be fully aware of everything that has been going on with Team Kimberlin’s harassment of bloggers. This is somewhat surprising given that Mr. Gillette has been associated with Justice Through Music Project for over seven years.
Gillette was not the only person there in support of the “demonstration.” @BreitbartUnmask was there as shown by this tweet which was sent around 10:28 pm that evening:
BreitbartUnmask @catsrimportant @LiberalGrouch Seriously, the music sucks. Sorry for those who prefer piano bars, but my ears are hurting at off key music.
2:48 AM Mar 15th from web
Gillette was not the only one taking pictures either, and several pictures from across the street were published on the Breitbart Unmasked website. I won’t go into any detail here, but forensic evidence links pictures taken at the Howard County District Courthouse and at BlogBash. I believe that evidence shows that Brett Kimberlin is @BreitbartUnmask.
Meanwhile, back with Schmalfeldt, because of his continued tweeting to me in spite of being put on warning by a judge, I filed for a second peace order, and when he kept at it after that, a petition for contempt.
On 22 March, the Walker v. Schmalfeldt peace order case came up in Howard County. The final order was denied when the judge bought the theory advanced by Schmalfeldt’s lawyer that since Schmalfeldt was a journalist and Aaron Walker was a public figure, Walker had to put up with the harassment. Hold on to that idea that Schmalfeldt is a journalist, at least in the eyes of his lawyer.
On 25 March, my second peace order case with Schmalfeldt came up. This time the defense offered by Schmalfeldt’s lawyer was that neither Schmalfeldt nor I are journalists; we’re just a couple cranky old men having a shouting match on the Internet, and, in any case, the peace order statute doesn’t cover electronic harassment any way. The judge bought the electronic-harassment-isn’t-covered argument and denied the peace order.
Note: On Friday, Schmalfeldt’s a journalist worthy of protection. On Monday, he isn’t.
Moving back to Kimberlin, between 1:32 pm on the afternoon of 21 March and 9:42 pm that night, he sent these tweets:
BreitbartUnmask @Xcitizen10 @Stranahan @wjjhoge @AaronWorthing Hoge has things. Walker=garnishment Stranahan =default judgment he will skip out on.
1:40 AM Mar 22nd from Tweetbot for iOS
BreitbartUnmask @Xcitizen10 @Stranahan @wjjhoge @AaronWorthing All pretty close 😉
1:40 AM Mar 22nd from Tweetbot for iOS
BreitbartUnmask @Xcitizen10 @wjjhoge Could it be that Hoge is on mental disability? Either way he will soon be feeling a hot poker up his wallet.
1:42 AM Mar 22nd from Tweetbot for iOS
The next day, I filed for a peace order and a second criminal harassment charge against Kimberlin. The criminal charging document only listed the harassing tweets. However, he was charged under the general harassment statute. At the beginning of the hearing on 29 March, Kimberlin’s lawyer, the same lawyer who defended Schmalfeldt, offered a motion to dismiss citing the previous Monday’s ruling in the Schmalfeldt case. The judge agreed and dismissed the case without a hearing on the merits.
I believe that the judge erred as a matter of law, so I appealed the case to the Circuit Court. The case was set for today.
On 23 April, I received a copy of a motion filed by Brett Kimberlin seeking to have his case consolidated with Bill Schmalfeldt’s. He filed that motion without bothering to tell his own lawyer. Now, it’s OK to write your own motions, but if you are represented by a lawyer, all communication with the court and the opposing party is supposed to go through your counsel. I immediately contacted Kimberlin’s lawyer and asked what was going on, but I received no reply.
I responded to Kimberlin’s motion on 25 April. The net of my response was that I see the two trials as dealing with separate acts by different individuals at different times and that I believe they should be tried separately. However, I had no objection to trying the case on the same day, so long as that date is no sooner that the 14 June date of the Schmalfeldt trial. At the same time, I also submitted a Motion to Reinstate Peace Order Pending Appeal citing the error I believe that the District Court had made and seeking to have the temporary peace order reinstated if the Kimberlin trial is delayed a month or more.
The normal flow of motions in the Circuit Court would bring Kimberlin’s motion, my response, my motion, and any response he filed before a judge on last Monday, 13 May. The judge found technical deficiencies in both of our filings and left the case scheduled for today.
Since filing those papers on my own, I have hired Zoa Barnes to represent me in both of the Kimberlin and Schmalfeldt peace order appeals. A couple of days ago, I received service on a Motion to Strike from Tae Kim, the lawyer who had handled the cases for Schmalfeldt and Kimberlin in the District Court, saying that he had been let go as Kimberlin’s lawyer and asking to be removed from the case. Kimberlin had decided to proceed pro se. Kimberlin filed a Motion to Dismiss based on the same theory that Kim had used to get him off in District Court.
A subpoena duces tecum was served on Bill Schmalfeldt ordering him to attend the hearing as a witness and to produce certain documents related to the case against Kimberlin. Kimberlin was served with a subpoena duces tecum for related documents as well. The hearing was scheduled for the Historic Courthouse in Westminster, Maryland, which is an old (1838) building with lots of stairs and no elevators. At my lawyer request, the case was moved from the main courtroom upstairs to a small courtroom on the main floor in order to accommodate Schmalfeldt’s disability. He didn’t bother to show up.
The hearing was before Judge Stansfield. He announced that he was deferring a ruling on the Motion to Dismiss until after he heard the evidence. I was the only witness. On direct examination, I testified to my qualifications to do forensic analysis, on the tweets that I had received from BreitbartUnmask and their annoying and alarming nature, and on results of the forensic analysis of data contained in the tweets and a certain blog post that tied the BreitbartUnmask identity to Brett Kimberlin.
On cross examination, Kimberlin asked a series of mostly non-germane questions. (For example, he wanted me to identify the person who blogs as Kimberlin Unmasked. For the record, I don’t know who that is.) He asked why I believed he was BreitbartUnmask and I explained a bit of the process.
And the Petitioner rested.
Before Kimberlin could offer any testimony, my lawyer pointed out that he was a convicted perjurer. She reminded the judge of MD Courts & Judicial Proc. §9-104:
A person convicted of perjury may not testify.
The look on Brett Kimberlin’s face when he realized that the judge wasn’t going let him testify and that there were no other witnesses he could question to get evidence into the record … priceless!
Kimberlin ranted for a while about how this was a clear violation of his First Amendment rights, yada, yada, yada, … (Ah, no. The Fifth Amendment is the one about due process.) Then the judge asked if he had any other witnesses. Since there were none, the case proceeded to closing arguments.
My lawyer did an effective summation of the facts and the law. We asked for a show-cause order against Schmalfeldt for his noncompliance with our subpoena. Kimberlin delivered another rant about his First Amendment rights and how he’s not the harasser. He’s the one being dragged into court by people like Aaron Walker and Walker’s surrogates like me.
The judge took the case under advisement. He will deliver a written ruling. I look forward to it.
So that, Gentle Reader, is a bit of my side of this story, but only a bit. It’s as much as I can tell you for now.
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During July and August of 2013, I was able to conduct interviews with Brett Kimberlin’s wife Tetyana. She stated that she had been one of the five people present with Kimberlin during BlogBash. The other four were Brett Kimberlin, Craig Gillette, and Mrs. Kimberlin’s two daughters. She said that she took several pictures using Brett Kimberlin’s iPhone that were published on Breitbart Unmasked. Forensic data tends to support that those pictures were taken with the same iPhone Kimberlin used to photograph Mrs. Walker during the stalking incident at the Howard County Courthouse a few days before BlogBash. Thus, there is an eyewitness to Kimberlin’s presence at BlogBash and evidence tying his phone to pictures published at Breitbart Unmasked.
Finally, the time stamps on the BU tweets sent during BlogBash show that some of them were made while Craig Gillette had his hands full (literally) taking pictures on the sidewalk outside the BlogBash venue. There’s no way Gillette could have sent the tweets, Mrs. Kimberlin says she was tending her children, so that leaves Brett Kimberlin as the person who could have sent some of the @BreitbartUnmask tweets from BlogBash. It seems Kimberlin lied when he said he never used that account.
The Maryland law preventing testimony from convicted perjurers has been repealed. However, a previous conviction for perjury can be brought to the court’s attention as a part of impeaching a witness’ credibility. So can subsequent false statements. Brett Kimberlin should expect to have a rough time if he’s ever on the witness stand again.
UPDATE—This blog was a hobby until I retired (for the first time) in July, 2013. At the time the post above was written, I hadn’t been paid for any of my blogging. Now, this is a for-profit operation. Please feel free to hit the Tip Jar or buy something at The Hogewash Store.
Given the low traffic rankings of the Kimberlin-related websites, I suspect that my occasional checks on them have been a noticeable percentage of their views. During one of my visits back in 2014, I noticed an interesting lack of coverage of one story, and I wrote about it six years ago today in a post titled Justice for Boko Haram.
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As I was scrolling through the past year’s blog posts at the Justice Through Music Project website, it struck me that there was no mention of the abduction of several hundred schoolgirls by the Boko Haram terrorists. Surely, justice requires that the kidnapped girls be released rather than sold into slavery.
OTOH, The Dread Pro-Se Kimberlin is fond of accusing several his perceived enemies as being anti-Islamic. Perhaps he is unwilling to denounce Islamic terrorists. Or perhaps …
… but a rather odd one. Within hours of a post here at Hogewash! pointing out the lack of any protests against the Boko Haram abductions in Nigeria on the Justice Through Music Project website, that site is down for a redesign.The Velvet Revolution US site is also being redesigned.
Brett Kimberlin began his campaign of lawfare against bloggers in a vain attempt at brass knuckles reputation management. In the process, he lost control of his online reputation. A few years ago, he had over a dozen active websites promoting his various … um … causes, many with active Donate buttons. Yesterday evening, I took a look at his remaining sites. His domain with the most traffic is breitbartunmasked dot com, a site that hasn’t had any new material for almost a year-and-a-halfe and which is clearly deteriorating from lack of maintenance.Here are the world popularity rankings for The Dread Deadbeat Publisher Kimberlin’s web domains—
brietbartunmasked dot com 2,867,675
protectourelections dot org 8,369,125
greencasamaryland dot org 10,082,735
empr dot media 10,818,661
jtmp dot org 11,183,078
All his web presence is receding as I have foreseen.
When The Dread Deadbeat Pro-Se Kimberlin hasn’t been able to get the courts to order his critics to stop speaking and writing about him, he’s tired to use sealed court documents obtained during discovery to smear his perceived enemies or as evidence in unrelated LOLsuits. Three years ago today, this Footnote Du Jour appeared here at Hogewash!.
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The Gentle Reader may wish to take note that the Cabin Boy™ has never denied that a member of Team Kimberlin was the source of the sealed discovery emails he published during his first turn as Editor of Breitbart UnmaskedBunny Billy Boy Unread.
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Of course, BU has improperly published court documents or records on several occasions when Team Kimberlin thought it might be useful.
BTW, even though the domain registration for breitbartunmasked dot com was renewed for another year last week, nothing new has been posted at the site for over fourteen months.
The Gentle Reader may remember that I have occasionally taken notice that something might or might not happen on or about 13 February. I can now state that the possible event will not occur.
The domain registration for breitbartunmasked dot com was due to expire on the 13th, but someone has paid to renew the registration for one more year. Given that nothing new has been posted to the site since 8 December, 2018, and a lack of maintenance has caused various internal and external links to go bad, it seems that someone has decided to throw good money down a rat hole.
The TKPOTD for two years ago today took a look at what was happening with Brett Kimberlin’s Protect Our Elections operation.
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It looks as if The Dread Deadbeat Publisher Kimberlin has actually begun to try house cleaning some of his web domains to raise some donations. Recently, there’s been a bit of activity on his protectourelections dot org site.Protect Our Elections is a sort of subsidiary to Velvet Revolution.US which is allegedly concerned with election integrity. I has lots of stuff about real and imagined activities by Russians and Republicans, but nothing about Democrat shenanigans.
You’d think that a progressive-oriented organization would at least take note of how the DNC and Hillary Clinton steamrolled Bernie Sanders. OTOH, Kimberlin seems to have connections to folks like Cody Shearer and Harriet Crosby who are or have been connected to the Clintons.
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A couple of years ago, The Dread Deadbeat Protector Kimberlin was still part of peddling the Russia Collusion Hoax. However, he’d already been caught (in 2017) with his hands in an effort to acquire forged financial documents aimed at causing problems for the Trump administration, and it’s recently become more widely known that the old Velvet Revolution US is now renamed Protect Our Elections/EMPR Inc.—EMPR being EuroMaidanPR, an English-language Ukrainian propaganda operation.
Given the evidence that the former Ukrainian government probably attempted to interfere with the 2016 election, Kimberlin’s association with the Alexandra Chalupa (a likely Ukrainian/DNC operative), and POE’s ties to EMPR, it may be that Protect Our Elections is no longer a viable entity. The IRS has revoked its 501(c)(4) status. It will be interesting to see what happens next.
It’s been a year since anything new has been posted at Breitbart UnmaskedBunny Billy Boy Unread.You know, I kinda miss reading some of their outrageous forecasts of doom for me and other bloggers who had the temerity to write about The Dread Deadbeat Pro-Se/Publisher Kimberlin. Perhaps the Gentle Reader will remember the pointage, laughery, and mockification that resulted from such silly posts as this—Meanwhile, this blog continues, and the former editor of BU is having a second winter vacation up north.
Is Justice Through Music Project still a priority for Brett Kimberlin? It’s been several months since I first encountered this warning when checking on the jtmp dot org website——and I got again while checkin on the site yesterday evening. This sort of warning doesn’t necessarily mean that a site has something nefarious planted on it. It can be triggered by the presence of old code that isn’t compatible with modern https everywhere browsers. The jtmp dot org site hasn’t been updated for almost a year, so the root problem may be lack of proper maintenance.
OTOH, it can’t be that The Dread Deadbeat Protector Kimberlin has been busy protecting elections because protectourelections dot org has been updated since mid August. He must be up to something else.
One of the recurring lies told by Team Kimberlin has been the promises by Breitbart UnmaskedBunny Billy Boy Unread to stay on top of the stories surrounding the various LOLsuits filed by Brett Kimberlin. The TKPOTD from six years ago today took note of one instance of BU’s lack of follow through.
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I can’t seem to find Breitbart Unmasked‘s report of The Dread Pirate Kimberlin’s day in court earlier this week.
I wonder why?
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Well, we know why, don’t we? The truth has nothing to do with Team Kimberlin’s false narratives.