Team Kimberlin Post of the Day


In the beginning of my writing about Brett Kimberlin, I jokingly referred to him as Lord Voldemort because his illegal gag order against Aaron Walker made him “he who must not be named,” at least by Aaron. I teasingly referred to Kimberlin’s followers and enablers as Death Eater Wannabes. Not long after that gag order was quashed, Kimberlin started pirate-themed fund-raising website, so I began calling him The Dread Pirate Kimberlin, and certain of his followers were made members of his crew. One of my readers started calling TDPK’s main PR flack Cabin Boy Bill Schmalfeldt, and that tag has stuck.

One of the reasons that Team Kimberlin has failed at almost every enterprise they’ve undertaken is the members inability to understand their lack of competence. Six years ago today, I ran this post called #BillSchmalfeldt: Delusions of Adequacy.

* * * * *

Let’s back up for a minute and reexamine that Cabin Boy quote from 18 February.

It’s all horseshit. It’s all absolute horseshit. And I and my family have been put through pain and suffering because Lee Stranahan has a grudge. Because somebody, in my opinion, is paying Lee Stranahan to file these charges against me, in the hopes that I will either break or die.  I got some fucking news for you, Stranny [pause] Walker, Hoggy, Frey [pause] and Frey [pause] beware the Ides of March.

Somebody paid Lee Stranahan to file charges? Oh, come now. Who would care enough about a loser like Bill Schmalfeldt to want to spend the money?

Bill Schmalfeldt is a failure. Other than people who are dealing with his harassment and a few others who enjoy laughing at his gaffes, almost no one cares about him and the ways he blights the Internet. He’s a functional nonentity with a vanishingly small readership and essentially nonexistent listenership.

He is, at most, a vile insect, and some of us who he has annoyed have taken swats at him, but no one had to pay us. Certainly, the filthiness the Stranahan family endured from the Cabin Boy was sufficient motivation for Lee Stranahan to seek redress, and it’s not surprising that the Walker family sought relief either.

I have been able to bring a bit of justice to Schmalfeldt via a peace order. No one paid me to do so. I brought legal action because I was tired of being harassed. I’ve paid every cent of the my legal expenses out of my own pocket. Sore Loserman Bill has filed a Motion to Modify the peace order. I won’t speak to the merits (if there are any) of his motion while it is before the court, that’s my lawyer’s job, but I will say that it strikes me as foolish attempt to relitigate the case. The judge ruled on the facts and the law and issued the peace order. Schmalfeldt is also appealing the case. It will be interesting to see if the appeals court gets to the case before the peace order expires and makes his appeal moot. Meanwhile, the Cabin Boy continues to misrepresent the terms of the peace order in a lame effort to justify his ongoing violations.

Although some of his associates are troubling, I’m not afraid of Bill Schmalfeldt per se. I’m annoyed by him. I intend to use all lawful means to make sure that he stops bothering me. If that shuts him down so that he can’t bother anyone else, it will be a nice bonus.

No one hopes that Bill Schmalfeldt will “break or die.” He not that important to anyone. His victims just wish the grossly inadequate loser would quit wasting Internet bandwidth and leave decent people alone. As Mr. T says,

I pity the fool.

* * * * *

I have to say that my view of the Cabin Boy™ has changed over the years. Whatever pity I had has been dissipated.

And I’m not done with him yet.

Team Kimberlin Post of the Day


Before he was tagged with the nickname Dread Deadbeat Pro-Se Kimberlin, Brett Kimberlin was mocked at this blog as The Dread Pirate Kimberlin because of a pirate-themed blog he tried to operate for a few weeks in late 2012. Six years ago today I ran this post titled Dread Pirate #BrettKimberlin of the Caribbean.

* * * * *

The paragraph at the bottom of page 55 of Mark Singer’s book Citizen K contains the following.

The only plane he ever owned was a single-engine Piper 235. For one six-month stretch, he leased a twin-engine Piper Navaho. The latter had a cargo capacity of two thousand pounds, but Kimberlin said the most exotic agricultural product he ever hauled was organic mangoes. He flew all over the country and in the Caribbean, occasionally doing smuggling reconnaissance, sometimes carrying cash, but never moving drugs.

Sometimes carrying cash. I wonder where. One reasonable suggestion would be to vendors to pay for the dope he was buying. Another possibility would be to a bank or banks in a jurisdiction with good privacy laws in order to have a bankroll to use if he had ever fled the country using his false passport.

Now, Gentle Reader, if you had a stash of money overseas and wanted to repatriate it without incurring any tax liability, how would you go about it? Would you consider setting up a “charity” with loose accounting that could receive “donations”?

It’s just an idea.

UPDATE–

20130122-142818.jpg

* * * * *

Yeah, like Hal Holbrook said when playing the role of Deep Throat, “Just follow the money.”

Team Kimberlin Post of the Day


Here’s a post from five years ago today—

Dread Pirate #BrettKimberlin

Posted on

Team Kimberlin has a new website called Bloggers Offense Team. (No, I won’t link to it.) The site’s logo is shown on the left. The choice of the pirate-related logo is interesting. Pirates aren’t semi-sympathetic, comedic characters from a Johnny Depp movie. They are criminals.

It think a mask just slipped.

* * * * *

And that’s how Brett Kimberlin came to be called The Dread Pirate Kimberlin. That nickname later expanded to include The Dread Performer Kimberlin, The Dread Pedo Kimberlin, and The Dread Pro-Se Kimberlin. A couple of days later, I published this further explanation—

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.

And that’s been pretty accurate thus far.

Team Kimberlin Post of the Day


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.

Mismanagement at the State Department


The Washington Examiner reports that the State Department Inspector General has uncovered rampant mismanagement of grants by the department under Secretary Clinton.

Why am I not surprised?ECF 135-152UPDATE—I should tell the Gentle Reader who may not be familiar with Brett Kimberlin’s (The Dread Pro-Se Kimberlin) vexatious lawsuit against over a score of bloggers and media entities (including me) that paragraph 152 above is from the second amended complaint in that lawsuit. Search on the term <RICO Madness> in the search box above to learn more.

Team Kimberlin Post of the Day


Toward the end of his direct examination of me during the Kimberlin v. Walker, et al. trial, The Dread Pro-Se Kimberlin brought up the subject of Bill Schmalfeldt.

MR. KIMBERLIN: Have you filed any — do you know a reporter named — or an individual named Bill Schmalfeldt?

MR. HOGE: Yes.

MR. KIMBERLIN: Have you filed 367 —

MR. OSTRONIC: Objection.

THE COURT: Sustained —

MR. KIMBERLIN: — criminal charges against Bill Schmalfeldt?

THE COURT: — that is the most leading question I’ve ever heard.

MR. KIMBERLIN: Okay. Have you filed any charges against Bill Smallfeld?

MR. OSTRONIC: I’m still going to object.

THE COURT: Sustained. You can’t tell the person the answer to the question in the question. That’s what a leading question is.

MR. KIMBERLIN: Do you know Bill Schmalfeldt?

MR. HOGE: Yes.

MR. KIMBERLIN: Have you ever filed any charges against him?

MR. HOGE: Yes.

MR. OSTRONIC: Objection.

THE COURT: Overruled.

MR. KIMBERLIN: How many?

MR. HOGE: It’s some place north of 360 for multiple violations of a peace order.

MR. KIMBERLIN: So, 367 criminal charges. My question, what were the results? Simple question. Were they nolle prosed?

MR. HOGE: At my request.

MR. KIMBERLIN: And you — why did you file — what got Smallfeldt on —

MR. OSTRONIC: Objection, your honor. This —

THE COURT: Sustained.

MR. OSTRONIC: — can’t be possibly be defamation —

MR. KIMBERLIN: Okay, I’m only trying to show that these individuals attack anyone. Innocent question. He’s a reporter. He wrote a story.

MR. OSTRONIC: Objection.

THE COURT: Well, that’s not a —

MR. KIMBERLIN: Okay. And what happens?

THE COURT: — cause of action. It’s not a cause of action whether they — even if they did that —

MR. KIMBERLIN: It goes to malice.

THE COURT: — that’s not a cause of action.

MR. KIMBERLIN: It goes to malice, sir.

THE COURT: But — for someone else to be — no. Ask another question if you have one.

TDPK got off that topic and moved on briefly to something else. My lawyer only had one question during cross examination.

MR. OSTRONIC: I just have one question, and — on the Bill Schmalfeldt bit. Your charges were — what was the brief disposition of those?

MR. HOGE: Because of — things were getting so out of hand, at the suggestion of the Carroll County State’s Attorney’s Office, Mr.Schmalfeldt and I engaged in a mediation session. At the mediation session, Mr. Schmalfeldt agreed to abide by the peace order going forward. If I was going to get him to abide by the peace order, there wasn’t any reason to go any further, and so I — if you’re going to do this, then let’s dismiss the charges.

This was the second instance of TDPK trying to make the case that my attempts to enforce the peace order against Bill Schmalfeldt demonstrated malice toward Brett Kimberlin. (The first was in a filing in the Kimberlin v. The Universe, et al. RICO Madness.) I find this more than a little interesting.

Now, it is true that the first time I wrote about Schmalfeldt, I was covering the news of his publication of sealed court documents on Kimberlin’s behalf. However, the basis of the peace order had to do with Schmalfeldt’s subsequent harassment of me. It was not based on any actions taken by TDPK—unless Schmalfeldt was acting as Kimberlin’s agent while harassing me.

Of course, that’s not an unreasonable assumption. Schmalfeldt famously proclaimed that he would not have to be “investigating” folks if they would leave Brett Kimberlin alone.

Whatever.

Bill Schmalfeldt is now effectively sidelined. He knows that any further attempts at using extortionate tactics for his “investigations” will result in pushback, the least of which could be yet another restraining order or peace order. He has no significant following. He sputters and rants about what he reads online to a minuscule audience. No one takes him seriously, and, except for a few people who poke fun at him, almost no one looks at his tweet feed or blog. Essentially all the copies of his recent books that he sold were purchased for use as evidence against him. None of his “friends” have answered any of his tweets for over a week. He’s last year’s train wreck.

He’s also is, or should be, an object lesson to the rest of Team Kimberlin. Their lying, cyberthuggery, and lawfare is doomed to failure when it meets determined opposition. The smarter members will likely try to disentangle themselves. The rest will go down with The Dread Pirate Kimberlin on his sinking ship.

Team Kimberlin Post of the Day


bot_logoSome of the newer followers of The Saga of The Dread Pro-Se Kimberlin may wonder why he is called that. The nickname descends from an earlier one—The Dread Pirate Kimberlin. That came about after he put up a spectacularly unsuccessful pirate-theme fundraising website called Bloggers Offense Team. I found Kimberlin’s choice of the pirate-related logo at left is interesting. Pirates aren’t semi-sympathetic, comedic characters from a Johnny Depp movie. They are criminals. Was the mask slipping?

That got me to thinking … While Brett Kimberlin’s unconstitutional peace order prohibiting Aaron Walker from blogging about him was in place, I had taken to referring to Kimberlin as Lord Voldemort (“He who must not be named”). Why not a piracy themed nickname? The Dread Pirate Kimberlin. I used it, and it stuck—not only with my readers, but other bloggers began using it occasionally too.

As fans of The Princess Bride know, The Dread Pirate Roberts 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.

TDPKThe 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 The Dread Pirate Kimberlin’s legal acumen seems to be as fictional as The Dread Pirate Roberts’ existence. And no one is willing to surrender to The Dread Pirate Kimberlin.

Unanswered Questions


Over the past weekend, Breitbart Unmasked (No, I won’t link to it) published a series of documents related to The Dread Pirate Kimberlin’s attempt to take over several entities associated with Ali Akbar. This particular document caught my eye.

Why would Velvet Revolution US be interested in having an interest in a business called Pundit Syndication, LLC? What would it do with such a trade name? And who are the other members of the limited liability company beside VRUS?

I directed those questions to Jeffrey Cohen, the Executive Director of VRUS. (Mr. Cohen is a lawyer who practices in the area of trademarks and related intellectual property.) I have not, as yet, had a response.

Brett Kimberlin, Racketeer?


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.

A Day Late and a Dollar Short


Actually, several months late and a million bucks short. The Gentle Reader who has been following The Saga of the Dread Pirate Kimberlin all the way through the Dread Pro-Se phase may remember that I offered to settle with him if he paid me a million dollars when TDPK first filed his Kimberlin v. Walker, et al. nuisance lawsuit. That offer expired when my lawyer had to get involved and file a motion to dismiss. I tried to let TDPK off cheap. He ignored my offer and doubled down with the Kimberlin v. The Universe, et al. RICO Madness.

So where are we now?

In the state lawsuit TDPK has been caught submitting an altered document as an exhibit. The apparent forgery caused him to lose the motion connected with it, and he now faces a motion for sanctions related to submitting it.

popcorn4bkIn the RICO Madness TDPK has been caught serving an apparently forged summons on a non-party to the lawsuit. He’s been caught sending more that one defendant a version of his amended complaint that is not consistent with what he filed with the court. He’s been caught neglecting to serve court papers on defendants. He’s been caught filing an erroneous report on the status of service of process with the court, and that report contains exhibits which do not support the report’s claims and which may be altered. He’s been caught misquoting his own exhibits in other filings. And he continues to ignore the judge’s admonition to properly sign his filings.

The World’s Worst Pro Se Litigant™ should have taken my offer while it was still on the table.

UPDATE—I’m hitting Stacy McCain’s tip jar as a royalty payment for use of his trademarked phrase above. Speaking of Tip Jars

Team Kimberlin Post of the Day


Things will be cooking along on the back burner for the next few day in both the state and federal lawsuits filed by The Dread Pro-Se Kimberlin against my codefendants and me. It’s not that there’s nothing going on—there is—but some things are best left to be discovered by surprise.

Meanwhile, we still need all the help we can get defending these frivolous and vexatious lawsuits. If you would like to help us with the Maryland suit, go to Bomber Sues Bloggers to find out how. If you’d like to help with federal RICO Madness, please drop me a line at the email address shown on the DMCA Contact page.

Team Kimberlin Post of the Day


Last Thursday, The Dread Pro-Se Kimberlin filed a status report with the U. S. District Court concerning his service of process on the defendants in the Kimberlin v. The Universe, et al. RICO Madness. He included the following among his exhibits in that report.AliService

This appears to be a copy of the returned envelope of his attempted service on Ali Akbar. It appears to have sufficient postage that both the federal and state complaints could have been enclosed.

The Maryland state rule requires that service of process by mail be by Certified Mail, Return Receipt Requested, Restricted Delivery. Note that the Restricted Delivery “Yes” box is not checked.AliServiceZoomThat means that the attempt as service was defective.

One of the motions heard yesterday in the Maryland Kimberlin v. Walker, et al. lawsuit was TDPK’s motion for alternate service declaring that Ali had been served. In support of that motion, TDPK submitted what was purported to be a copy of the same envelope, but that copy showed a check mark in the Restricted Delivery “Yes” box. When the Judge Burrell was made aware of the fact that Kimberlin has previously filed an exhibit containing a copy of the envelope that, like the federal filing, did not have the check mark, she noted the inconsistency between the two exhibits and denied TDPK’s motion.

It has been suggested that the exhibit filed with the motion for alternate service on Ali Akbar was forged. That is not inconsistent with the evidence.

Team Kimberlin Post of the Day


Nice try, but a real losing proposition …P-O20131210

“Knowing what the outcome would be …” My, my, my … that’s almost an admission by Bill Schmalfeldt that the charges filed were knowingly false. Still, you have to admire the chutzpah of Team Kimberlin that allowed them to so brazenly attempt to put one of the defendants in The Dread Pirate Kimberlin’s vexatious Kimberlin v. Walker, et al. under the same disability to offer testimony as TDPK.

(For those of you just beginning to follow the Saga of The Dread Pirate Kimberlin, Brett Kimberlin is a convicted perjurer, and Maryland has a law that prohibits convicted perjurers from testifying in any court proceeding.)

Brett Kimberlin is suing four other bloggers and me for writing truthful things about him. You can help us defend ourselves and the First Amendment from his lawfare. Go to Bomber Sues Bloggers to find out how.

Team Kimberlin Post of the Day


RICOMadnessHere’s how The Dread Pirate Kimberlin begins his description of the “RICO Enterprise” in his Kimberlin v. The Universe, et al. lawsuit.BKvNBC115NOVDEC11Note that TDPK alleges that the all of the 20+ defendants were a part of the “RICO Enterprise” from November, 2011. If true (stop laughing), that would mean that I was recruited into the enterprise at a time when my monthly traffic was less than 40% of my current average daily hit rate.

I wonder what the masterminds of the outfit saw in my blogging back then?

RICO Madness


RICOMadnessI’ve been going through The Dread Pirate Kimberlin’s Kimberlin v. The Universe, et al. RICO suit trying to figure out what case might actually be there. In order for a civil RICO complaint to stand up in court, the plaintiff has to properly allege two separate predicate criminal acts by the RICO enterprise. Here’s one of TDPK’s attempts at do so—BKvNBC136Ooooooh! Obstruction of Justice! That’s sounds evil.

18 USC § 1503 deals with trying to interfere with or intimidate a federal juror, officer of a federal court, or a federal judge. TDPK fails to explain which defendant did that to any juror, officer of the court, or judge.

18 USC § 1510 deals with bribery. TDPK fails to accuse any defendant of bribing anyone.

18 USC § 1511 deals with facilitating an illegal gambling business. You can bet that he doesn’t mention gambling, legal or illegal, in his complaint.

Fail.

Prevarication Du Jour


So Bill Schmalfeldt is spreading a tale about “the feds” going to visit The Dread Pirate Kimberlin to pick up a copy of his RICO suit …DBR201312060236What a waste of time! “The feds” could have simply downloaded a copy from PACER.pacer13-cv-03059_20131205BTW, the Amended Complaint that TDPK filed with the court is not the same as the one he served on me. Maybe “the feds” were doing a version check.

Team Kimberlin Post of the Day


This paragraph is from The Dread Pirate Kimberlin’s Kimberlin v. The Universe, et al. RICO lawsuit.BKvUniverse150I wonder where Brett Kimberlin got the idea of using a false narrative for money raising as a business model?

nrawatch dot org
prosecutenewscorp dot com
kochwatch dot org
americancrossroadswatch dot org
indictbreitbart dot org
issaoversight dot org
pussyriotdefensefund dot org

Team Kimberlin Post of the Day


Several folks have asked me why I don’t provide more information about what happened in the Kimberlin v. Walker, et al. scheduling hearing last week. All I’ve reported is what directly affects me: the hearing on my motion to dismiss is scheduled for 13 January, 2014. The rest of the last Wednesday’s hearing dealt with matters relating to other parties. I’ll let them talk about their own stuff.

I have alluded to the fact that the hearing was a difficult one for The Dread Pirate Kimberlin. TDPK has bragged, “I have filed over a hundred lawsuits and another one will be no sweat for me.” Yet, he seems to have foundered on the rocks of the most basic rules of civil procedure. It will be interesting to see if he can get his act together. In time.

Meanwhile, my four codefendants and I could use your help in fighting Brett Kimberlin’s frivolous lawsuit. Go to BomberSuesBloggers to find out how you can help us.

Team Kimberlin Post of the Day


You keep using that word. I do not think it means what you think it means.

103.  On June 8, 2012, Defendant Hoge, who lives in Maryland, wrote a letter to a Congressman in Maryland and imputed that Plaintiff was involved with swattings …

Kimberlin v. The Universe, et al.

im·pute transitive verb \im-ˈpyüt\ represent as being done, caused, or possessed by someone; attribute.

Gentle Reader, you can read the letter The Dread Pirate Kimberlin cites here. Although the letter refers to Brett Kimberlin as a central figure in a controversy and mentions that some bloggers have been SWATted, nothing in it imputes that TDPK did or caused any SWATting.

Rule 11 of the Federal Rules of Civil Procedure requires that a person filing a paper with a court certifies that

the factual contentions have evidentiary support …

Clearly, making a false representation about the contents of a publicly posted letter is a factual contention without evidentiary support. That’s the sort of thing that can be sanctioned under Rule 11(c).

If Kimberlin thought he had a difficult day in court last Wednesday, he ain’t seen nothin’ yet.

Stay tuned.

Team Kimberlin Post of the Day


I’ve been reviewing some of the allegations that The Dread Pirate Kimberlin makes in his Kimberlin v. The Universe, et al. RICO lawsuit. If I weren’t one of the 20+ defendants, my reaction would probably be, “ROFL.”

The text of his amended complaint is full of bizarre claims that are offered with no factual support. In fact, there are so many, it seems I find a new on each time I read the thing. I’m not sure how I missed this one for so long:

11. At all times, Defendants were engaged in interstate commerce or in the production of goods and services for sale or use in interstate commerce.

Really? “At all times” should refer to the entire period covered by the suit. The earliest date mentioned is “September 2010.” The first specific day cited is “October 13, 2010.” This blog came into existence on 24 July, 2011.

“[I]nterstate commerce”? Until, I went on a final “vacation” from work to burn up unused annual leave prior to retirement last May, Hogewash! was operated as a hobby. It was not engaged in commerce. Indeed, I did not even accept donations until I put up a Tip Jar (Feel free to hit it!) at the end of May.

One lawyer who reviewed TDPK’s amended complaint for me refused to describe it a shoddy “because it isn’t that good.” If Kimberlin thinks last Wednesday was a less-than-smooth day in court, he ain’t seen nothin’ yet.

During the period before my answer to TDPK’s complaint was due in the state Kimberlin v. Walker, et al. suit, I gave him an opportunity to settle that suit by paying me a million dollars. That offer is now off the table. I’m not inclined to make a similar offer in the RICO suit, but if I were to do so, I wouldn’t let him off so cheaply.

You can help my four codefendants and me in the state suit stand up to Kimberlin’s attack on our First Amendment rights as bloggers. Go to BomberSuesBloggers to find out how.