Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin represented the Dread Deadbeat Performer Kimberlin in a LOLsuit against the U. S. Bureau of Prisons. The TKPOTD from six years ago today described the case.

* * * * *

In November, 1997, Brett Kimberlin filed a complaint because the Bureau of Prisons would not allow him to play music on an electric guitar. An amendment in the Budget Act had banned the use of electric and electronic instruments in prisons except during worship services. The U. S. District Court in D. C. decided his case (in favor of the BOP) in late May, 2001, just a couple of weeks before his second release. The following is from the court’s decision [Kimberlin and Rice v. U. S. Department of Justice and Bureau of Prisons, 318 F.3d 228 (2003)]:

Plaintiffs assert that an acoustic guitar is not equivalent to an electric guitar. According to plaintiff Kimberlin, it is impossible for him to play his songs on an acoustic guitar. He is not able to make long, sustained notes. Also, he cannot perform a technique called “vibrato” because the strings on an acoustic guitar will not bend or sustain like those on an electric guitar.

Notwithstanding, BOP has not prohibited all musical expression, only the use of electrical instruments. An active music program and other informal means of musical expression still exist. Plaintiffs contend that an electric guitar is essential to their musical expression. Thus, they argue, banning this instrument is an absolute ban on their musical expression. Plaintiffs are incorrect in asserting that music created by an electric instrument is a distinct expression protected by the First Amendment. This Court has not found, and plaintiffs do not cite, any cases addressing this proposition. Accordingly, the issue is whether BOP’s policy impermissibly limits a prisoner’s First Amendment right to express himself through music by banning one of several mediums by which a prisoner can musically express himself.

Plaintiffs argue that to require them to express themselves musically on an acoustic instrument would be akin to requiring rap musicians to sing ballads, or Muslim prisoners to attend Catholic religious services. Plaintiffs insist that they cannot perform their music on acoustic instruments.

Plaintiffs are free to express themselves musically using other instruments, such as an acoustic guitar. Like the prisoners in Amatel, plaintiffs are only limited, not deprived. They can perform music written for an electric guitar on an acoustic guitar. This is not the same as expression on an electric instrument, but it is certainly an alternate to such expression. Moreover, plaintiff Kimberlin has stated that he has written a song which he can hear in his mind, but cannot perform, edit, polish, or get feedback. He may discuss the notes, lyrics, and ideas with others as a means of expressing himself through his music and getting feedback. Again, this is not the same as playing the electric guitar, but it is an alternate that allows him to express himself musically.

Well, like a group of real musicians once said:

No, you can’t always get what you want,
But if you try sometime, you just might find
You get what you need.

* * * * *

Given the lack of of success that The Dread Deadbeat Performer Kimberlin has had with his attempts at a musical career (as evidenced by “music” videos on YouTube, the Bureau of Prisons might have wound up with suits from other prisoner raising Eighth Amendment issues if Kimberlin’s LOLsuit had been successful.

Team Kimberlin Post of the Day


I’m not making this up, you know.

After spending years trying to use the courts to suppress the First Amendment rights of people who have written truthful things about him, Brett Kimberlin included this sentence in his failed motion to unseal his informal opening brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit—

Appellant has a right under the First Amendment to appeal in public.

No. He doesn’t. His right to a public trial and, by extension, a public appeal is not secured under the First Amendment. IANAL, but the last time I checked the Bill of Rights, due process rights are secured by the Fifth Amendment.

Patrick Frey’s due process rights are also protected by the Fifth Amendment. His lawyers were able to convince a federal judge that certain information given to The Dread Pro-Se Kimberlin during discovery in the RICO Remnant LOLsuit should have been sealed in order to protect Frey’s rights (and possibly the rights of third parties). TDPK repeatedly asked the District Court to unseal that information, and he was never able to provide a reason why Patterico’s rights should not have been protected.

TDPK’s motion to unseal is timestamped as being received by the Fourth Circuit Court of Appeals at 10:06 Monday morning. The order denying his motion was docketed at 12:01:59 Tuesday afternoon. It didn’t take the court long to see through his frivolous argument.

Everything is proceeding as I have foreseen.

RICO Remnant LOLsuit Appeal News


The Dread Pro-Se Kimberlin did file a sealed version of an informal opening brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit, and he filed a motion with the Fourth Circuit Court of Appeals to unseal his brief.

However, the court’s instructions required that he also file a redacted version for the public docket, and he failed to do so. He’s been given one week to fix his mistake.

The court has also denied his motion to unseal the sealed version of his brief.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin’s informal opening brief for his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit was due at the Fourth Circuit Court of Appeals yesterday. As of 9:02:57 pm Monday night, nothing had been posted on the case docket on PACER since 29 September. Now, it’s possible that TDPK got his paperwork in on time but too late in the day for the Clerk’s Office to have scanned and posted it online. If he did get it submitted, it should show up on the docket tomorrow. We’ll see. Meanwhile, here’s the TKPOTD from three years ago today. It deals with the original RICO Madness LOLsuit.  The Kimberlin v. Frey RICO Remnant LOLsuit is the last surviving count of the original RICO Madness case.

* * * * *

One of The Dread Pro-Se Kimberlin’s complaints against me in both the state Kimberlin v. Walker, et al. nuisance lawsuit and the Kimberlin v. The Universe, et al. RICO Madness is that I engage in my First Amendment right to comment on his past and present behavior. He wrote this in his second amended complaint in the state suit—

BKvAW2013SAC-31The Gentle Reader who has been following The Saga of the Dread Pirate Pro-Se Kimberlin for a while will remember that TDPK’s state nuisance lawsuit collapsed when he failed to provide even one “scintilla” (Judge Johnson’s word) of evidence of falsity in any statement made by any defendant in that case.

TDPK has tried to make a similar allegation in the RICO Madness.ECF 135-139

Since defamation is a state law claim, TDPK has to prove the elements of the tort as prescribed by Maryland law. That means he must show what was said about him was false. He can’t do that. That’s already been adjudicated in the state case in the favor of Aaron Walker, Stacy McCain, Ali Akbar, and me, and he is barred by collateral estoppel arguing otherwise in any further case, including the RICO Madness.

I’ve made it clear that I intend to keep writing about Brett Kimberlin until he is brought to justice. The Gentle Reader should not be surprised to learn that part of my definition of his being brought to justice includes his losing his vexatious lawsuits. By delaying the final resolution of any of them, he increases the amount of time and bandwidth I will spend on telling his story on the Internet. His delaying tactics have the effect of turing the Streisand Effect up to eleven.

collateral estoppel t-shirtOh, one more thing … Collateral Estoppel swag is available for purchase at The Hogewash Store. Stop by a spend some money on a t-shirt or drinkware. The profits go to support this blog and fund the expenses of defending against TDPK’s vexatious lawsuits. If you’d like to help my fellow defendants as well, go to Bomber Sues Bloggers to find out how.

* * * * *

Of course, we’re no longer taking donations through Bomber Sues Blogger now that Kimberlin’s lawfare has failed so miserably. The RICO Madness LOLsuit was dismissed, the follow up RICO Retread state LOLsuit was dismissed also, and dismissal of the state case was affirmed on appeal.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


The Fourth Circuit Court of Appeals has given The Dread Pro-Se Kimberlin until close of business tomorrow to file his informal opening brief in the appeal of the Kimberlin v. Frey RICO Remnant LOLsuit, so we should be seeing something on PACER by tomorrow or early Tuesday at the latest—unless Kimberlin has decided to give up on the appeal and let it be dismissed for lack of prosecution.

Nah, he’s not that smart.

I’ll bet he’ll file something. I also be that it will be as incompetently drafted as the rest of the stuff he’s filed, his opposition to the motions to dismiss in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit, for example. He filed it two years ago today, and I published a copy as More RICO 2: Electric Boogaloo that very day.

* * * * *

The Dread Pro-Se Kimberlin has filed what he calls his omnibus opposition to the motions to dismiss his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.

This also includes an untimely opposition to my motion to dismiss for failure to state a claim and does not properly address my motion to dismiss for lack of subject matter jurisdiction.

* * * * *

My name only appears in a few places in the LOLsuit’s complaint, but it appears over 60 times in the opposition to the motion to dismiss. The increase was caused by Kimberlin’s failure to properly [redacted—I don’t intend to educate the midget, even at this late date] in the complaint and his attempt to improperly [redacted] in his opposition.

Kimberlin LOLsuit was dismissed by the U. S. District Court. The Fourth Circuit Court of Appeals denied his appeal and sanction him for frivolously including me as an appellee.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


Grumble. We’re still waiting for news in pending Team-Kimberlin-Related court cases. Four years ago today, I posted this Statement on Fund Raising related to the first Kimberlin LOLsuit, Kimberlin v. Walker, et al.

* * * * *

Brett Kimberlin is suing a group of bloggers that includes me for a million bucks because we have published truthful information and constitutionally-protected statements of opinion about him. Aaron Walker, one of the bloggers named in the suit, is a lawyer, and he is being sued for offering legal advice to Kimberlin’s victims.

Gentle Reader, can you think of any rights more important than your First Amendment right to free speech or your Sixth Amendment right to legal counsel?

Neither can I.

Kimberlin and his cronies have been engaging in lawfare for years now, and it’s time to put a stop to it. We need to defeat his bogus lawsuit because, if we don’t, there will be no end to his harassment of others. You can help us. Go to BomberSuesBloggers to learn how. [We won the LOLsuit back in 2014, so we’re no longer raising money to fund our defense.] If you decide to donate to the defense fund, you should know that I will never see one cent of the money raised. The proceeds will go to paying the substantial costs of defending the suit. Yes, I am represented by a pro bono lawyer, but there will still be filing fees, deposition costs, etc.

If you want to support this blog directly, hit my Tip Jar or use the Amazon shopping link on the Home page.

UPDATE—Stacy McCain points out that if we don’t defeat this suit, it’s possible that Kimberlin might sue you.

* * * * *

As if to prove Stacy’s point about Kimberlin’s eagerness to engage in lawfare, The Dread Pro-Se Kimberlin filed his Kimberlin v. The Universe, et al. RICO Madness LOLsuit the next day after my post was published.

Team Kimberlin Post of the Day


And we’re still waiting for news in several of the Team-Kimberlin-related court cases. While reviewing material to recycle during the time we’re in this holding pattern, I been enjoying rereading some of Bill Schmalfeldt’s comically inept tweets about the dozen-plus failed LOLsuits that he and The Dread Pro-Se Kimberlin have filed.

On October 15, 2013, TDPK filed his first RICO Madness LOLsuit. The next day, the Cabin Boy™ tweeted this—@BomberSues was the Twitter account for the website setup to collect donations to defray the cost of TDPK’s LOLsuits against bloggers. There never was a RICO “charge.” There was a Racketeering Influenced and Corrupt Organization civil claim in the RICO Madness LOLsuit, but no criminal charge was ever filed as a result of the LOLsuit. And the RICO Madness LOLsuit had no significant effect on the Kimberlin v. Walker, et al. nuisance LOLsuit filed in state court. The pro bono lawyer defending my codefendants and me stuck by us to the end of that suit and through TDPK’s appeal. Further, he successfully defended me pro bono in the subsequent RICO Retread LOLsuit TDPK filed in state court after his first federal RICO suit was dismissed, and successfully represented me in the RICO Retread appeal.

The Cabin Boy™ appealed the first peace order issued against him to the Maryland Court of Appeals. The court refused to hear his appeal. He sought to have the peace order modified. The Circuit Court denied his motion.

As usual, Schmalfeldt got it wrong. First, I dream of a world where I don’t have to sue anyone. Second, I don’t pull the wings off of flies. I zap ’em with one of these.Click on the image to buy one from Amazon.

Team Kimberlin Post of the Day


I started this blog to write about things that interest me, and one of those topics is issues relating to the First Amendment. That interest led me to participate in the Everybody Blog About Brett Kimberlin Day blogburst back in 2012, and that, in turn, led to my focus on Brett Kimberlin and his associates.

Kimberlin has tried to use the force of the government in the form of nuisance lawsuits and false criminal complaints to suppress truthful reporting about his past and present activities, but that has not been his sole tool in his campaign of brass knuckles reputation management. Team Kimberlin has also engaged in various forms of online harassment, much of which has been perpetrated by Bill Schmalfeldt.

When anyone has taken steps to hold Schmalfeldt accountable for his actions, he has replied with failed legal actions, false DMCA takedown notices, and blustery threats.

It’s been over three-and-a-half years since that threat, and the only times law enforcement has been to my house since I started this blog were to investigate an attempted break-in and to take a complaint against Schmalfeldt for failure to obey a peace order. I seem to be in full control of this blog as I have been since Day One.

Meanwhile, we’re still waiting for news in the pending Team-Kimberlin-related court cases.

Stay tuned.

Team Kimberlin Post of the Day


Now that my motion to amend the verdict in the Hoge v. Kimberlin, et al. lawsuit has been denied, I have a bit more than three weeks to file an notice of appeal the case. I’ve consulted with my legal counsel and decided on the general outline of a plan for dealing with the matters involved. On the advice of my counsel, I will not be discussing any steps I plan to take in advance.

Team Kimberlin Post of the Day


All is still quiet on the courtroom fronts, so here’s another recycled TKPOTD from two years ago today. It deals with one of the fatal problems which has plagued all of The Dread Pro-Se Kimberlin’s LOLsuits—his inability to craft his false narratives so they seem plausible.

* * * * *

The real caption of the RICO 2: Electric Boogaloo LOLsuit is Kimberlin v. Hunton & Williams LLP, et al. Hunter & Williams LLP is a large law firm, but they are not representing themselves. They have hired Williams & Connolly LLP to handle the suit.

This is footnote 9 in the H&W motion to dismiss,ECF 58-fn9

The Dread Pro-Se Kimberlin waited until after the statute of limitations had run before filing his complaint against the people and organization he imagines conspired against him. He didn’t allege that ManTech, PNNL, Bill Nickless, or I were part of that original conspiracy. He’s opportunistically dragged us into the case to try to have some sort of continuity to the supposed plot. Of course, if ManTech, PNNL, Mr. Nickless, and I were never part of the conspiracy, it doesn’t make sense that we acted on its behalf.

But logic has never been one of the strong points in TDPK’s LOLsuits.

* * * * *

TDPK waited until after the statute of limitations had run out to file the RICO 2: Electric Boogaloo LOLsuit, and Judge Hazel dismissed it for that reason. However, he also noted that

[e]ven if Plaintiff’s claims were not barred by the statute of limitations, Plaintiff has insufficiently pleaded facts …

Kimberlin v. Hunton & Williams LLP, et al., Case No. 15-CV-723-GJH, Memorandum Opinion, ECF No.133 (D.Md. Mar. 29, 2016) at 9. Thus, the judge granted both my motion to dismiss for lack of subject matter jurisdiction and my motion to dismiss for failure to state a claim upon which relief could be granted.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


While the courts have got us on Hold waiting for further news in the pending Team-Kimberlin-related court actions, here’s another recycled TKPOTD. This one’s from three years ago today.

* * * * *

Most of The Dread Pro-Se Kimberlin’s vexatious Kimberlin v. Walker, et al. lawsuit died before the trial stated when Judge McGann threw out five of the seven count in his complaint on summary judgment. During the trial, Judge Johnson found that TDPK hadn’t presented a “scintilla” of evidence to support the remaining defamation and false light counts and granted a directed verdict in favor of us defendants.

As a matter of law, we defendants now have findings on the merits that we did not engage in malicious prosecution against Brett Kimberlin, that we did not conspire to abuse process against Brett Kimberlin, that we did not defame Brett Kimberlin, that we did not engage in false light invasion of Brett Kimberlin’s privacy, that we did not harass Brett Kimberlin, that we did not intentional inflict emotional distress on Brett Kimberlin, and that that we did not stalk Brett Kimberlin. The claims made by Brett Kimberlin were found to have no basis in fact. That includes the following allegations specifically made in his second amended complaint:

• There is no evidence for his claim that he was assaulted by Aaron Walker.
• There is no evidence for his claim that Aaron Walker or I suborned perjury from Tetyana Kimberlin.
• There is no evidence for his claim that Tetyana Kimberlin’s accusation against him of third degree sexual offense was false.

Furthermore, the court ruled that we did not defame TDPK or place him in a false light when we said or wrote the following things about which he complained in his suit:

• That he caused Aaron Walker to be fired from his job.
• That any of us believe he is a pedophile.
• That he has used mentally abusive tactics against his wife.
• That he is evil.
• That he is a misogynist.
• And all the other things he cited in his second amended complaint.

TDPK’s very own false narrative has been gutted. It’s now roadkill, lying open for all to see. It isn’t pretty. But lies never are when you see them for what they are.

Meanwhile, TDPK has his omnibus answer to all the motions to dismiss in the Kimberlin v. The Universe, et al. RICO Madness due on 15 October.

Everything is proceeding as I have foreseen.

* * * * *

Of course, The Dread Pro-Se Kimberlin lost the RICO Madness LOLsuit too. He’s lost everything he’s filed since he started tangling with Aaron Walker in 2012.

Team Kimberlin Post of the Day


We’re still waiting for news from the pending Team Kimberlin court cases, so here’s another golden oldie from three years ago. It’s a further example of The Dread Pro-Se Kimberlin’s incompetent direct examination of defendants during the Kimberlin v. Walker, et al. nuisance LOLsuit.

* * * * *

The Dread Pro-Se Kimberlin seemed especially interested in this blog’s ability to raise money. Here’s part of his direct examination of me during the Kimberlin v. Walker, et al. nuisance lawsuit trial.

MR. KIMBERLIN: Right, so and every day you have a post called Team Kimberlin Post of the Day?

MR. HOGE: That’s one of the features of my blog.

MR. KIMBERLIN: Right, uh-huh. And you also have a donate button on your blog where you can raise money and ask people to donate to you, right?

MR. HOGE: Actually it’s called a tip jar, but yes.

MR. KIMBERLIN: Yeah, tip jar, uh-huh. Okay, and you started this campaign called Everybody Blog about the Howard County Prosecutors. Can you tell just why that was started?

MR. HOGE: Yes, the —

MR. OSTRONIC: Objection.

THE COURT: Overruled.

MR. HOGE: Yes, Mr. Walker and his wife showed me credible evidence that you had, in fact, stalked them in the parking lot of the Howard County District Courthouse in Ellicott City. And when Mr. Walker and his wife went to talk with the State’s Attorney’s Office they were told by Assistant State’s Attorney Brewer that if they didn’t want to be harassed they should stay out of Maryland. And that didn’t strike me as responsible way for a State’s Attorney’s Office whether they’re going to nolle pross the, and not follow-up on charge or not, that just struck me as a very unfortunate attitude for a State’s Attorney’s Office. And so I thought they should be held accountable for it.

MR. KIMBERLIN: So you started this campaign and had people calling. How did it work?

MR. HOGE: Well basically the idea was that people should ask the State’s Attorney himself if that was, in fact, his policy.

MR. KIMBERLIN: So that’s where all this Maryland is for Stalkers kind of —

MR. HOGE: I have no idea where exactly that came from. I have seen that there was a blogger who for a short time had on Zazzle which is one of these internet sales companies a bumper sticker that said that. I think it was probably a parody on Virginia being for Lovers.

He brought up the Maryland is for Stalkers bumper sticker while Aaron Walker was on the stand as well. I don’t believe that it has been a very big seller, but it sure got under his skin. Of course, it’s entirely possible that it generated more sales than any of the Team Kimberlin merchandise that was offered by Brietbart Unmasked.

I wonder … is fundraising so precarious at JTMP and VRUS that TDPK is now jealous of my minor league blog?

Oh … one more thing … it seems to annoy Brett Kimberlin for folks to hit my Tip Jar.

* * * * *

The Gentle Reader can also shop at The Hogewash Store or use the link on the Home Page to Amazon to support this blog.

Team Kimberlin Post of the Day


We’re still waiting for more news from any of the still pending Team-Kimberlin-related court cases, so here’s another post from the past. This TKPOTD ran three years ago—

* * * * *

It was pretty obvious from the load of … ah … junk he gave us in discovery for the Kimberlin v. Walker, et al. nuisance lawsuit that The Dread Pro-Se Kimberlin didn’t understand the rules of evidence or how to properly structure his case. He proved both during the trial. For example, consider this question he was never able to ask of Stacy McCain because it dealt with hearsay.

MR. KIMBERLIN: So do you know what the Southern Poverty Law Center is?

MR. OSTRONIC: Objection Your Honor.

THE COURT: What does the Southern Poverty Law Center have to do with this case?

MR. KIMBERLIN: Well Mr. McCain has —

THE COURT: The Southern Poverty Law Center, what does that have to do with this case?

MR. KIMBERLIN: Mr. McCain is considered a neo-confederate — is one —

MR. OSTRONIC: Objection, Your Honor.

THE COURT: Well —

MR. KIMBERLIN: And the Southern Poverty Law Center

MR. OSTRONIC: Objection, Your Honor.

THE COURT: Hold on a second. Counsel I appreciate you objecting to my question but I’m not going to overrule myself. That’s not something I do. So what does the Southern Poverty Law Center have to do with this case? I’m not asking you about Mr. McCain, I’m asking you about why are you asking him about the Southern Poverty Law Center?

MR. KIMBERLIN: I’m asking him the Southern Poverty Law Center is the leading, one of the leading civil rights organizations in the —

THE COURT: I understand all of that but what does it have to do with this case?

MR. KIMBERLIN: Because —

THE COURT: And the claim that you are making against these gentlemen?

MR. KIMBERLIN: Because Southern Poverty Law Center regularly outs racists —

MR. OSTRONIC: Objection.

THE COURT: So what if they do. What does that have to do with this case? This case isn’t about racists or racism.

MR. KIMBERLIN: It’s about hate. It’s about hate. These people hate me and they do anything to destroy me.

THE COURT: Well but why are you asking this witness about the Southern Poverty Law Center? First of all he couldn’t testify as to anything they said or did because it wouldn’t be an exception to any hearsay rule. So you would never be able to get that in evidence anyway.

MR. KIMBERLIN: All right.

MR. KIMBERLIN: Mr.—

THE COURT: Your objection’s sustained.

Of course, TDPK was trying to paint Stacy McCain as a racist, and that’s nonsense. Furthermore, given some of the racial epithets that TDPK is on record as have said and written, it was particularly unseemly for him to be trying to tar anyone else with that brush.

Even if Stacy or I or any of our codefendants were racist, that had no bearing on whether or not what we said and wrote was true, and TDPK had to prove that our words were false. Stupid is as stupid does, and TDPK tried to bring up racism a second time.

MR. KIMBERLIN: Have you ever been identified as a member of the hate group League of the South?

THE COURT: I’m sorry, what was that, what group?

MR. OSTRONIC: Objection.

MR. KIMBERLIN: League of the South.

THE COURT: League of the South?

MR. KIMBERLIN: It’s like an offshoot of the KKK.

MR. OSTRONIC: Objection, Your Honor.

MR. KIMBERLIN: It believes in —

THE COURT: What’s that relevant to, sir?

MR. KIMBERLIN: Well he brought it up.

THE COURT: He didn’t bring up the League of the South.

MR. KIMBERLIN: Huh?

THE COURT: He didn’t bring up the League of the South.

MR. KIMBERLIN: He talked about he’s not a racist.

THE COURT: Well the fact that he brought it up without objection doesn’t make it relevant. I mean what is the jury going to do with this? We’re not here about whether anybody is a racist or not, are we?

MR. KIMBERLIN: Well no, but he’s tried —

MR. MCCAIN: You’re white by the way.

Never try to outcrazy Stacy McCain.

* * * * *

The Dread Pro-Se Kimberlin’s foolish attempt at direct examination of Stacy McCain is probably my favorite courtroom moment from all the cases.

Team Kimberlin Post of the Day


Only one of the Team Kimberlin LOLsuits ever made it as far as a trial. That was the Kimberlin v. Walker, et al. nuisance LOLsuit. This TKPOTD ran three years ago today in the aftermath of that trial.

* * * * *

Brett Kimberlin is not a good listener. This exchange is from one of the bench conferences during the Kimberlin v. Walker, et al. nuisance lawsuit. Judge Johnson was trying to explain to The Dread Pro-Se Kimberlin about hearsay testimony from the Kimberlin daughter about things she did not witness.

THE COURT: — assume all of that is true, what does this 15-year old have to do with that?

MR. KIMBERLIN: Because she was harmed. She’s been harmed. She’s been run out of two schools and —

THE COURT: She’s not a party.

MR. KIMBERLIN: And they have defamed her. They have —

THE COURT: She’s not a party.

MR. KIMBERLIN: I know, but they have gone on her, she’s a very accomplished musician. They have gone on her websites. They have attacked reporters —

THE COURT: I don’t disagree with any of that, but she is not a party.

MR. KIMBERLIN: It’s not that she’s a party. They are using the pedophilia against me, against her and they’re doing it to harm me.

THE COURT: Sir, but you’ve got to understand something. We have rules here. You can’t just bring people in to just testify when they A, they didn’t witness anything that they’re competent to testify about and B, she is not a party to this lawsuit.

Judge Johnson seemed to care more for Miss Kimberlin that TDPK did.

THE COURT: But see what I’m trying to avoid is having this little girl come up here, objection sustained, objection sustained, objection sustained. And then having, putting her through that and having nothing really come of it. She can testify to —

TDPK put her on the stand any way, resulting in the following objections to questions or testimony that were not allowed by the rules of evidence.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: To him leading the witness, sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE WITNESS: And I know —
THE COURT: Objection is sustained.

MR. OSTRONIC: Objection.
THE COURT: Overruled.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained. Counsel, sir, stop leading the witness.

MR. OSTRONIC: Objection, Your Honor.
THE COURT: Come up here.
[Bench Conference]
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: Has your mom ever done anything hurtful to you? Sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection, Your Honor.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
MR. KIMBERLIN: By these defendants?
MR. OSTRONIC: Objection.
THE COURT: I will sustain the objection in that this young lady is not a party to this case. She did not sue these men. Or you didn’t sue them in her name which would have to be the case. If a minor child is bringing the case it would have to be brought by her Next Best Friend who is generally the parent. She is not a party in this case.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
MR. KIMBERLIN: — to have sleepovers —
MR. OSTRONIC: Objection.
MR. KIMBERLIN: — or come to the house or be around you —
THE COURT: Sustained.
MR. KIMBERLIN: — because of —
THE COURT: Absolutely hearsay.

MR. OSTRONIC: Objection.
THE COURT: She can answer, overruled.

MR. OSTRONIC: Objection.
THE COURT: Hold on, anything else? No, you don’t just get to keep going. You have to ask another question.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained. Sir, you’re going way off base.

MR. OSTRONIC: Objection.
THE COURT: You need to do whatever you need to do with admissible evidence pursuant to the rules of evidence and to the law. And I’ve allowed you some, I’ve given you a long leash.
MR. KIMBERLIN: You have and I appreciate it.
THE COURT: And let you run pretty far out there. But I’m now pulling you back in.

MR. OSTRONIC: Objection.
THE COURT: Sustained.
MR. KIMBERLIN: Is it affecting —
THE COURT: Sustained.
MR. KIMBERLIN: No further questions.

I cannot find the words to adequately express my disgust with someone who would needlessly inflict that on a child.

* * * * *

The defendants did not question Miss Kimberlin. We had agreed among ourselves that we would not do so—even if she could have offered probative testimony—because we did not want to compound what we believed was abuse of the young girl.

Team Kimberlin Post of the Day


The following is from the TKPOTD published three years ago today.

* * * * *

res_judicata_mugsOf course, one of TDPK’s claims is that I’ve been using my reporting on his activities to raise money by defrauding the Gentle Readers who hit my Tip Jar. He has yet to explain how that injures him. In any event, I’m always thankful for reader support.

You can also support the blog by shopping at The Hogewash Store or shopping via the Amazon link on the Home page.

Whichever means you chose, your support helps keep this blog an the air.

* * * * *

And your support is greatly appreciated!

Team Kimberlin Post of the Day


Here’s another vintage TKPOTD. It ran three years ago today.

* * * * *

The Dread Pro-Se Kimberlin has apparently had the record of the third degree sexual offense charges filed by his wife and that were nolle prossed by the Montgomery State’s Attorney’s Office sealed or expunged. However, before that happened, I obtained a certified copy of the charging document from the court and published it. While it can’t be used in court, it is still available on the Internet. That was straightforward reporting of a crime story. TDPK tried to spin that truthful reporting into defamation as part of his Kimberlin v. Walker, et al. nuisance lawsuit.

MR. KIMBERLIN: After those charges were nolle pros, did you take a trip down to this courthouse and get a certified copy of those charges, and post them on your Scribd account?

MR. HOGE: No. Not this courthouse. They’re not kept here.

MR. KIMBERLIN: Well, whatever courthouse?

MR. HOGE: Across the street. District Court —

MR. KIMBERLIN: But — so the charges are dismissed, you come down and get a certified copy, and post them on Scribd.

MR. HOGE: Yes.

MR. KIMBERLIN: And are those charges — do you know whether those charges were not only nolle pros, but expunged and sealed by the court?

MR. HOGE: The charges are not on the Maryland Judiciary Case Search right now, so I can’t tell you what the court may have done with them.

MR. KIMBERLIN: Well —

MR. HOGE: I can’t tell you what the court did.

It wasn’t very smart of TDPK to bring up those charges. A prosecutor entering a nolle prosequi on a charge does not mean that the accused is innocent. Here’s how, first, Judge Johnson, and, second, Stacy McCain, explained nolle prosequi at various points during the trial.

The objection was sustained to that question. How is it relevant if the State entered a nolle prosequi? All that means is that the State elected not to go forward. It doesn’t mean anything to do with the substance of the charges.

Nolle pros does not mean you were falsely accused. I’ve had traffic tickets that were nolle pros. That didn’t mean I wasn’t going 85 miles an hour.

However, it did bring up the question of why, if they were bogus charges, wasn’t his wife in court to support him by testifying that we had suborned perjury and that he had not had sex with her when she was 15—was he innocent, or did he simply get away with something? That was not a good question for him to plant in the minds of the jurors.

* * * * *

Of course, the case never got to the jury. Judge Johnson put it out of its misery when TDPK rested his case by granting judgment for the defendants under Rule 2-519 because Kimberlin had failed to present any evidence that we had made any false statements about him. Considering what we were prepared to offer in out defense, TDPK was lucky. He really didn’t want any of it in the record.

Team Kimberlin Post of the Day


One of the silliest claims that The Dread Pro-Se Kimberlin has made in his various LOLsuits is that making truthful statements about him based on his own writings is defamatory. For example, in his second amended complaint in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit, TDPK alleged this—The statement that Kimberlin has filed over 100 lawsuits is based on Kimberlin’s own words contained in an email he sent to Patrick Frey. The opinion that they were frivolous is based on the fact that he lost almost all of them. And as a blogger on the receiving in of TDPK’s lawfare, I agree that his attacks were vicious.

I’ve seen it suggested in some quarters that Patterico wasn’t telling the truth about receiving such an email from Kimberlin. However, in his order granting summary judgment in Patrick Frey’s favor in the Kimberlin v. Frey RICO Remnant LOLsuit, Judge Hazel found this—By my reckoning, TDPK’s filed another dozen or so civil actions in the past five years. Perhaps the next time he threatens someone he should claim to have filed “over a hundred-and-twelve lawsuits,” but given the way he’s been beaten over the past five years, he may not want to claim that his pro se lawfare is no sweat.

Team Kimberlin Post of the Day


Day before yesterday, I published a copy of the Fourth Circuit Court of Appeal’s order denying The Dread Pro-Se Kimberlin’s motion to unseal discovery in the Kimberlin v. Frey RICO Remnant LOLsuit so that he could use it in public documents filed in his appeal of that case. TDPK had originally asked the District Court to unseal that discovery, and Patrick Frey’s lawyers opposed that motion.

Paragraphs 5 and 6 get to the heart of the matter. Kimberlin wants to use information that was sealed in the Frey case to try to smear his perceived enemies. He tried to do so in the recent Hoge v. Kimberlin, et al. trial but chickened out when Judge Hecker explained that if he offered sealed discovery from the Frey case, he could be subject to sanction by the federal court. (BTW, the email he wanted to introduce actually would have helped my case, but I couldn’t use it either because I’m also bound by the protective order sealing the Frey discovery.)

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin’s use of lawfare for brass knuckles reputation management was initially successful. He was able to get a default judgment against Seth Allen, but he was only awarded a hundred bucks instead of the $2,250,000 he asked for in his LOLsuit. Since then, he hasn’t done as well—

“Kimberlin has failed …”

Well, That Was Quick


The Fourth Circuit Court of Appeals has denied The Dread Pro-Se Kimberlin’s motion to unseal discovery in the Kimberlin v. Frey RICO Remnant LOLsuit Appeal. The court has also told him to file his appeal in accordance with the Rules and has given him until 5 October to comply. That’s somewhat less time than the 30 day extension he asked for.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


After receiving an order from the Court of Appeals for the Fourth Circuit explaining how to file sealed documents relating to his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit, The Dread Pro-Se Kimberlin has filed these turkeys—

The Court of Appeals gave him 21 days to file his informal brief, and his time is up on the 14th. Now, he’s asking for an extension to 30 days after they grant his motion to unseal.

<sarc>Yeah, that’ll work.</sarc>

The informal briefing order stressed that if TPDK did not file his brief on time that his appeal was subject to dismissal for lack of prosecution.

Tick, tock.

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.