Team Kimberlin Post of the Day


It was Neal Rauhauser who floated the idea of using pro se LOLsuits as a way of harassing and silencing bloggers who wrote truthfully about the activities of leftwing “activists” such as Brett Kimberlin. Two years ago today, I was able to write about Rauhauser lack of success in court in a post called And in Other Good First Amendment News …

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The largest anti-SLAPP penalty ever awarded is now the largest anti-SLAPP penalty ever reversed and remanded. The 2nd State Court of Appeals in Fort Worth, Texas, found the 67th State District Court in Fort Worth had abused its discretion in awarding Neal Rauhauser more than $300,000 in attorney’s fees, $150,000 in sanctions (initial sanction award was $1,000,000), and additional non-monetary sanctions not authorized by the Texas Citizen’s Participation Act (TCPA). The court further ordered Appellee Neal Rauhauser to pay all costs of the appeal to the prevailing parties, James McGibney and ViaView, Inc., the parent company of the BullyVille website.

James McGibney stated, “It’s not an everyday occurrence that you see a fugitive, with four outstanding warrants for their arrest, win and then, in dramatic fashion, lose one million dollars, without ever stepping foot in a courtroom. That’s exactly what happened to defendant Neal Rauhauser, and we are grateful that the Second Court of Appeals found in our favor.”

Everything is proceeding as I have foreseen.

UPDATE—More here.

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AFAIK, Neal Rauhauser still has several outstanding warrants and is still a fugitive.

Team Kimberlin Post of the Day


One of the more illusive members of the Dread Deadbeat Pirate Pro-Se Kimberlin’s crew is First Mate Neal Rauhauser. However, he did turn up as the subject of a post from a year ago today titled And In Other Good First Amendment News …

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The largest anti-SLAPP penalty ever awarded is now the largest anti-SLAPP penalty ever reversed and remanded. The 2nd State Court of Appeals in Fort Worth, Texas, found the 67th State District Court in Fort Worth had abused its discretion in awarding Neal Rauhauser more than $300,000 in attorney’s fees, $150,000 in sanctions (initial sanction award was $1,000,000), and additional non-monetary sanctions not authorized by the Texas Citizen’s Participation Act (TCPA). The court further ordered Appellee Neal Rauhauser to pay all costs of the appeal to the prevailing parties, James McGibney and ViaView, Inc., the parent company of the BullyVille website.

James McGibney stated, “It’s not an everyday occurrence that you see a fugitive, with four outstanding warrants for their arrest, win and then, in dramatic fashion, lose one million dollars, without ever stepping foot in a courtroom. That’s exactly what happened to defendant Neal Rauhauser, and we are grateful that the SecondCourt of Appeals found in our favor.”

Everything is proceeding as I have foreseen.

UPDATE—More here.

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AFAIK, Rauhauser hasn’t paid any of what he owes, but what would you expect from a Deadbeat Dad?

Team Kimberlin Post of the Day


Today, we’ll look back six years to a TKPOTD that quoted one of Neal Rauhauser’s ideas about how to effectively conduct lawfare.

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[T]he potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds. The reality of travel, or frightful expenses, or summary judgments needs to be made real. We probably need to make a very visible example of at least one of them before the rest understand.

—Neal Rauhauser

I wonder how the various members of Team Kimberlin feel that strategy is working for them.

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Back in 2013, they might have thought the still has a chance to come out ahead. Now, Bill Schmalfeldt has lost multiple state and federal LOLsuits, Brett Kimberlin has lost multiple state and federal LOLsuits and still owes sanctions and court costs, and Neal Rauhauser has seen a million-dollar-plus award evaporate and turn into a bill for the other party’s legal fees.

Nothing has proceeded as Rauhauser hallucinated, but he’s has made himself a very visible example of how not to succeed in a LOLsuit.

Team Kimberlin Post of the Day


Whether smuggling dope or plotting a campaign of lawfare, the members of Team Kimberlin always seem to come up with half-baked plans that fail because of their failure to understand the Real World. Through the years of writing about Team Kimberlin, the story has often turned on their incompetence. Consider the TKPOTD from six years ago today.

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If you want to know what First Mate Neal Rauhauser is up to these days (aside from ducking service on legal processes), don’t bother looking at his LinkedIn profile:

Principle (sic) Investigator
The Intenet (sic)
December 2012 – Present (6 months) | Trollhättan, Norway

I no longer share information about what I do for a living, except in the very broad sense of what one could learn by observing my WordPress blog and my activity on LinkedIn.

I wonder what principle of the Intenet he’s investigating. (He’s certainly not one of the Principal Investigators of the Internet.)

SaabtrollstickerBTW, there is no city, town, or village in Norway named Trollhättan. There is a city of that name in Sweden. It was the principal manufacturing center for Saab automobiles. See the sticker at left.

Of course, the association with trolls …

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Failing failures gotta fail.

Team Kimberlin Post of the Day


I always enjoy reporting when some petty tyrant loses his attempt to quash someone else’s free speech. The TKPOTD from six years ago today was one such report.

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The Team Kimberlin lawfare strategy of using the courts to harass their enemies has not been an unalloyed success. Indeed, the dismissal of Nadia Naffe’s nuisance suit against Patrick Frey last week appears to have been a significant ding to their strategy.

The wheels of justice grind slowly, but they do grind on.

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And they grind exceedingly fine. I’m not done helping to turn the crank yet.

Team Kimberlin Post of the Day


Today’s post is a twofer. First, we’ll look at the TKPOTD from five years ago today which dealt with one of the most absurd claims in The Dread Deadbeat Pro-Se Kimberlin’s Second Amended Complaint in his RICO Madness LOLsuit—the idea that there was some sort of connection between Team Themis and the defendants in the RICO Madness case. Next, we’ll look at the reaction that post elicited.

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RICOMadnessHere’s some more nonsense from The Dread Pro-Se Kimberlin’s proposed second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness.ECF 100-37Velvet Revolution US is the 501(c)(4) that TDPK cofounded with Brad Friedman. It operates a website called Indict Breitbart (No, I won’t link to it.) which, like all the VRUS sites, has a Donate button.IndictBrietbartdotorg

The domain was registered in September, 2010.
IndictBreitbart_Reg

Raising money off of false narratives …

Hmmmm.

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That TKPOTD resulted in some interesting comments coming in to the blog. So I published this post, In Re THEMIS.

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THEMIS (Time History of Events and Macroscale Interactions during Substorms)  is a mission to investigate what causes auroras in the Earth’s atmosphere. The program is run by NASA/Goddard Space Flight Center and not by the agency just up the road that forgot to buy both vowels.

I have never had any connection to the program.

UPDATE—I found this attempted comment while taking my morning coffee break.TK201404041329ZOf course, the IP address doesn’t belong to Amazon.IPlookup20140404Not only that, it’s not actively assigned.NoMatch

Hi, Neal!

UPDATE—Ooooo! Struck a nerve, have we? This comment just came in attributed to my late mother.TK2014041542ZCan you say “desperation”?

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As with so many other things, TDPK’s futile attempt at brass knuckles reputation management via lawfare failed—in large part because of his and Team Kimberlin’s incompetence.

Team Kimberlin Post of the Day


IIRC, Team Kimberlin got into the lawfare business as a result of Neal Rauhauser coming on board. Rauhauser espoused a theory that pro se litigants could bring LOLsuits at little or no real expense to themselves that would force defendants to either settle or defend themselves at great expense. He promoted such suits as a way to raise money, but as it became obvious that Team Kimberlin had engaged defendants who would fight back, Rauhauser tried to fade into obscurity. However, he would occasionally surface. After The Dread Deadbeat Pro-Se Kimberlin has his first three LOLsuits under way, Rauhauser let slip that he had a personal interest in them. I wrote about that in a post titled Rauhauser’s End Game? five years ago today.

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First Mate Neal Rauhauser ran a blog hosted by WordPress.com called Conspiracy Broker for a while (No, I won’t link to it.). He put what he called his last post for that blog up on 2 January. It contains this paragraph:Conspiracy Brokers 20140102So, he thinks he will benefit from The Dread Pro-Se Kimberlin’s vexatious litigation, does he?

We shall see.

Stay tuned.

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In the end, lawfare has not turned out well for Neal Rauhauser. He’s wound up owing money rather than collecting it. That and his outstanding warrants keep him hiding.

Stormy Daniels v. Trump News


It’s no surprise that Stormy Daniels is opposing the award of attorneys’ fees to Donald Trump in her failed defamation case against him. There’s a bit of lawfare irony in one of the cases her creepy porn lawyer cites in the motion opposing the fees and sanctions sought. (H/T, BullyVille)

Great work, Neal!

Neal Rauhauser Loses Again


The Texas Supreme Court has denied Neal Rauhauser’s petition for review of the Appeals Court’s ruling setting aside the $150,000 (originally $1,300,000) sanction he was awarded against James McGibney and ordering him to pay McGibney’s fees and costs instead.

Here’s the order. Scroll down to page 4.

Everything is proceeding as I have foreseen.

UPDATE—Corrected the amount of the sanction and added a link to the Appeals Court ruling.

Team Kimberlin Post of the Day


It’s Talk Like a Pirate Day, and six years ago today, I ran this post about Talking Like Dread Pirate #Brett Kimberlin.

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Arrrrgh! None of the rest of his crew were available for comment.

Bonus Team Kimberlin Post of the Day


It’s amazing how incompetent the members of Team Kimberlin are at lying. You’d think that given all the practice they’ve had, they’d be experts. But, no, they tell whoppers that are easily disproved. Here’s an example of some of Neal Rauhauser’s feeble fiction.

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I haven’t had much to say about First Mate Neal Rauhauser of late, but he’s put up a post on his blog today (No, I won’t link to it.) that contains some nonsense related to Team Kimberlin’s harassment of me.

Only one of the peace orders was ever approved and it denies the right of a journalist to even mention someone by name on Twitter. The judge appeared to have confused the use of the @mention with the sending of a point to point communication, but the end result has been fantastic – the appellate court took one look at the case and promptly referred it to the Maryland Supreme Court.

Other happenings in Maryland include an assault outside a courtroom, threats to judges and prosecutors, a courthouse cleared with a bomb threat, and some other things which are not public, but which all add up to a textbook definition of hate group tactics. Law enforcement has cause to act at the state level in Maryland and I strongly suspect there is already something in the federal pipeline. The smear machine behind this derpy ‘war’ on the Obama administration is under fire from GOP strategist Karl Rove and it’s literally one indictment short of tearing itself to pieces.

I assume the peace order FMNR is talking about is the one issued against Cabin Boy Bill Schmalfeldt. It does not deny anyone’s right to mention anyone else by name on Twitter. The order forbids the Cabin Boy from contacting, attempting to contact, or harassing me. It’s not rocket science to figure out how to write about someone without contacting or attempting to contact him. I’m doing that about Neal Rauhauser right now. And anyone who stayed awake in Journalism 101 should be able to write about someone else without engaging in harassment.

The judge was not confused about how an @ mention works on Twitter. He had the Twitter Rules and Best Practices in front of him, and he read that

[y]ou can direct a Tweet at a specific Twitter user using @replies and mentions.

He took that to mean what it says—including @username in a tweet directs it to the username account.

The Court of Special Appeals kicked the appeal upstairs to the Court of Appeals because that’s where it should have been filed in the first place. The Cabin Boy filed his appeal with the wrong court. I’ve been aware of that all along, but it’s not my place to help him.

An assault outside of a courtroom? When? Where? The only altercation I’m aware of occurred when Pedi Officer No-Class Gillette verbally harassed Tetyana Kimberlin after a protective order hearing. There was no physical contact, and a bailiff detained Craig Gillette so that Mrs. Kimberlin could leave the courthouse in peace.

Threats to judges and prosecutors? When? Where?

Oh, yeah, the bomb threat. It was on the day that several charges against members of Team Kimberlin were to be dropped in District Court. A Pennsylvania woman was arrested in connection with that bomb threat to the Carroll County Circuit Courthouse. After Carroll County Sheriff’s detectives learned who had made the call, she was located at her Littlestown, Pennsylvania, residence and was taken into custody by the Littlestown Police Department on an unrelated arrest warrant for failure to appear for trial in Carroll County. She had been scheduled to appear on charges of driving without a license. Although the threat was to the Circuit Courthouse, the District Courthouse was cleared as well.

And other things which are not public … Yeah. Right. I’m sure the public will be informed when something good enough has been cooked up.

The one thing FMNR does have right is the potential involvement of state and federal law enforcement. Some of the Maryland matters under investigation are typically handled by state agencies. And the feds are nosing about as well. For instance, failure of a federal sex offender to register is usually handled by the U. S. Marshals.

Oh, and I don’t particularly care for Karl Rove either.

I’m sure First Mate Neal took great satisfaction in spinning his tale, but I doubt that the Cabin Boy would have take off one of his shoes to count the number of people who actually believe FMNR’s stuff.

UPDATE—I should point out that I wrote the post above from the point of view of an eyewitness. Neal Rauhauser wrote his piece based on hearsay. He never attended any of the court dates. Neal is a fugitive. If he had shown up at a courthouse, the bailiffs would have served the outstanding New Jersey arrest warrants on him.

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Failing failures gotta fail.

Bonus Team Kimberlin Post of the Day


Back in 2012, Neal Rauhauser was still working with Brett Kimberlin on a day-to-day basis. Six years ago today, I posted this commentary on one of his sleazy attempts to slime Patrick Frey.

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Stacy McCain points to an anonymous 1,000 word article posted at Pastebin that advances a wacky conspiracy theory about Patrick Frey and others who have been the targets of Neal Rauhauser and other members of Team Kimberlin. The post tries to sell the idea that Patrick Frey has exploited mentally ill people for the purpose of framing Anthony Weiner (as if Weiner didn’t post those pictures of himself) and then for the purpose of covering up his dirty deeds.

It’s nonsense. It’s a crude smear. You can read a copy of the post at the link to The Other McCain above, and you may have to read it there. Mr. Rauhauser has a habit of deleting his bogus posts when reality closes in.

Stacy McCain dissects the piece, so I won’t bother, but I want to comment on a couple of points.

At one point in the post it refers to “Islamophobic hate talker Aaron Walker.” I’d like to challenge that. I know Aaron Walker. He is not a believer in Islam, but I haven’t heard him express hatred for anyone simply because that person holds that faith. Mr. Walker has no love for terrorists, including those who commit terror in the name of Islam. He certainly isn’t Islamophobic.

The post also says:

Aaron Walker is not on psych disability yet, but his hate speech coupled with his poor courtroom demeanor will cost him his career as a lawyer.

I sat across the aisle from Neal Rauhauser in the courtroom during the 5 July Kimberlin v. Walker Peace Order hearing. I didn’t see anything in Aaron Walker’s behavior that could be described as poor courtroom demeanor. He and his lawyer handled themselves quite effectively. It was Brett Kimberlin who the judge had to keep on track.

Lily Tomlin once said that reality is a crutch for people who can’t handle drugs. It also seems to be a stumbling block for a former dope dealer and his posse.

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Neal Rauhauser has failed at pretty much everything he’s tried. No wonder he fits so well in Team Kimberlin.

Team Kimberlin Post of the Day


My friend and former codefendant in a couple of the Dread Deadbeat Pro-Se Kimberlin’s LOLsuits Lee Stranahan has broken a new story that shows a likely connection between a Democratic National Committee operative, Brett Kimberlin, and 2016 election hacking.

Back in 2012, one of the people closely associated with Kimberlin was another former Democrat operative and hacker wannabe named Neal Rauhauser. Rauhauser joined Justice Through Music Project around 2010, and his name began popping up during my initial coverage of The Saga of The Dread Deadbeat P_____ Kimberlin. Here’s an example from six years ago today.

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Bob Belvedere has a D+20 summary posted that deals mostly with Neal Rauhauser and sundry blog comments concerning him. Paul Lemmen received an interesting email from Mr. Rauhauser which is posted over at Capitalist Preservation.

There seems to be a generally accepted opinion that Mr. Rauhauser believes most of the things he says and writes, and he must therefore have some sort of mental illness. I’m don’t know enough about him to have even an uninformed opinion. I reserve the possibility that he might simply be evil.

UPDATE—Lee Stranahan has more emails from Neal Rauhauser to Paul Lemmen here, here, and here. Surely, Mr. Rauhauser doesn’t really believe this:

I can think of no one more redeemed + active than brett. He’s basically the shadow 96th us atty’s office – hardcore anti-corruption ninja. Hook him up?

This tune has got to be the Mr. Rauhauser’s soundtrack.

UPDATE 2—OK, here’s a hint for those who don’t read music. “You unlock this door with the key of imagination. Beyond it is another dimension—a dimension of sound, a dimension of sight, a dimension of mind. You’re moving into a land of both shadow and substance, of things and ideas. You’ve just crossed over into …”

* * * * *

Lee is not the only person developing leads on stories concerning Brett Kimberlin and his recent activities.

Stay tuned.

Team Kimberlin Post of the Day


The drudgery of dealing with the hassle of the various Team Kimberli LOLsuits has been offset by the laughter induced by their incompetence. As the TKPOTD from three years ago today shows, they’ve never done a credible PR job for their side.

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One of the more amusing things about dealing with Team Kimberlin is the way that they continually make fools of themselves with their pronouncements about the course of their lawfare. Consider these golden oldie tweets from 2013.TK2013tweetsYeah, Matt, that pro bono lawyer did such a “half-assed” job that five of the seven counts of The Dread Pro-Se Kimberlin’s nuisance lawsuit were thrown out at summary judgment, and the two remaining counts never made it to the jury because they were thrown out on a directed verdict in my codefendants’ and my favor. Who lost badly?

Yeah, John V (as retweeted by Bunny Boy), I’m full of empty threats. Just ask the Cabin Boy™.

Yeah, Neal, Kimberlin should have had a lawyer, so why didn’t he get one? After all, two of his associates in JTMP/VRUS are lawyers. Perhaps it was because his case was nonsense, and no lawyer was willing to risk sanctions or his law license by signing on to the patently false claims in Kimberlin’s suit.

popcorn4bkTeam Kimberlin never seems to learn. Very Ordinary Seaman Ferguson and 57F Osborne have been blithering about recent events on Twitter. And getting things wrong. I wonder if they think that more than a handful of people believe anything they tweet?

#Losers

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I should probably amend that last question to ask if they think that anyone believes them anymore.

Team Kimberlin Post of the Day


Paul Krendler isn’t the only anonymous blogger who Team Kimberlin has tried to identify, as this TKPOTD from four years ago yesterday shows—

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First Mate Neal Rauhauser has been taking a more public role in Team Kimberlin’s PR spin campaign associated with The Dread Pirate Kimberlin’s frivolous lawsuits against my codefendants and me. He’s shown a particular interest in Kimberlin Unmasked.Kookpocalypse201311211339ZThere’s a very simple reason why FMNR can’t find what he’s looking for. It doesn’t exist. It never did. Aaron Walker has never had anything to do with running any of the Kimberlin Unmasked blogs or Twitter accounts.

I call the person who runs Kimberlin Unmasked “Elvis” for convenience. Believe it or not, I still don’t know who Elvis really is. But I do know that certain people are not Elvis. Aaron Walker falls into that category.

Perhaps the rumor is true, and Neal Rauhauser has been a contractor with Acme Investigations all along.

* * * * *

A few days ago, the Cabin Boy™ tweeted this—Logic? OK, that’s not one of Bill Schmalfeldt’s strong suits. He commits several fallacies in that tweet, but it gives me a chance to show how I know that Aaron Walker was not the person blogging as Kimberlin Unmasked in 2013. One Saturday, Aaron was visiting at stately Hoge Manor, and we were both working on our laptops at the kitchen table. I was conducting an email exchange with Kimberlin Unmasked. I could see what Aaron was typing on his computer, and it never had any connection to my email conversation with KU. Thus, I believe I can confidently say that Aaron was not KU.

Similar chains of evidence and logic supports my knowledge that certain individuals are not Paul Krendler.

Q.E.D.

Team Kimberlin Post of the Day


Team Kimberlin’s lawfare has been an attempt to use the courts to wage war on the First Amendment rights of their critics. The campaign has been almost universally unsuccessful, first because both the facts and the law were against them, but also because of their lack of understanding on how to conduct such a campaign.

War is war, and there are principles which all successful campaigns (other than those that succeed through dumb luck) follow. When I was an ROTC cadet, the military doctrine I was taught was encapsulated in the Nine Principles of War: Objective, Offensive, Mass, Economy of Force, Maneuver, Unity of Command, Security, Surprise, and Simplicity. Team Kimberlin has failed to properly follow these principles while the targets of their lawfare have routinely used these principles to defend themselves and push back.

Over the next few day, I’ll be recounting some examples of Team Kimberlin’s failures and their targets’ successes.

Stay tuned.

Team Kimberlin Post of the Day


There are a couple Team Kimberlin related hearings today.

The Gentle Reader may remember First Mate Neal Rauhauser’s famous $1,300,000 judgment that was set aside. There will be a hearing in that case in Texas. I’ll post news about any result as soon as I get it.

A hearing on all the pending motions in Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit is scheduled for 10 am in the Circuit Court for Montgomery County, Maryland. Among the motions to be considered are those filed by my lawyer seeking dismissal for improper venue and for failure to state a claim upon which relief can be granted. I plan to be present and to report on the hearing as soon as it concludes.

Stay tuned.

Some Legal News from Texas


The Gentle Reader may remember that Neal Rauhauser’s plans to become a millionaire were torpedoed when the judgment against James McGibney was set aside.

The new trial was scheduled for today, but has been continued until 7 April, the same date that the next motions hearing in Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.

Stay tuned.

All Is Proceeding As I Have Foreseen


The big news today seems to have been the announcement of the Amended Complaint in BullyVille’s lawsuit that includes First Mate Neal Rauhauser as a defendant.

Several commenters have noted that the lawyer representing BullyVille is the same lawyer who initially represented Nadia Naffe in the Team-Kimberlin-related nuisance suit filed against Patterico. That lawyer withdrew from the Naffe suit. The Gentle Reader can make of that what he will.

popcorn4bkThere are more shoes about to drop, both civil and criminal, multistate and federal, on members of Team Kimberlin. Indeed, over the next six months or so it may look like a centipede removing his shoes. The next few days might be the last opportunity for some of Team Kimberlin’s associates to turn state’s evidence.

Stay tuned.

Meanwhile, The Dread Pro-Se Kimberlin’s vexatious Kimberlin v. Walker, et al. lawsuit against my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me is still going on. You can help us defend our First Amendment rights against TDPK’s assault. Go to Bomber Sues Bloggers to find out how.

Rauhauser’s End Game?


First Mate Neal Rauhauser ran a blog hosted by WordPress.com called Conspiracy Broker for a while (No, I won’t link to it.). He put what he called his last post for that blog up on 2 January. It contains this paragraph:Conspiracy Brokers 20140102So, he thinks he will benefit from The Dread Pro-Se Kimberlin’s vexatious litigation, does he?

We shall see.

Stay tuned.

Prevarication Du Jour


Xenophon the Troll is channeling the Amazingly Inaccurate Criswell again over at Breitbart Unmasked (No, I won’t link to it.) This time the nonsense has to do to with First Mate Neal Rauhauser’s attempt to gen up some sort of connection between the Kimberlin Unmasked identity and a real person.BU20140127That’s an ambitious undertaking—foolhardy, because there’s nothing to find—but it’s ambitious. You see, Team Kimberlin has already run afoul of the GIGO principle: garbage in, garbage out.

OK, what do I mean by garbage in? Consider these bits of data:forgedTwitterIPThe account_id is the correct one for @Kimberlinunmask. However, the login time is on 24 December, 2013. The @Kimberlinumask account was suspended on that day, and it’s not possible to login to a gulaged account.

While it’s not quite as obviously stupid a submitting two versions of the same document to the same court in the same case or as mind-bogglingly crude as failing to remove a PACER legend and using the wrong typeface to create a do-it-yourself court summons, it is … well … it’s kinda amateurish.

#Garbage_Out

Team Kimberlin Post of the Day


RICOMadnessIt seems that Neal Rauhauser has been trolling for a pro bono lawyer for a friend.@nealrauhauser201312142117Z
IANAL, but the ones I’ve talked to say that anyone with a righteous libel claim against a defendant with deep pockets should have no trouble finding a lawyer willing to represent him on a fee-contingent basis. Pro bono representation is generally provided to defendants rather than plaintiffs. Of course, those observations come from many of the same lawyers who told me that the reason they suspect that The Dread Pro-Se Kimberlin is pro se is that he can’t find a lawyer willing to risk his law license by signing court papers making the unfounded allegations Kimberlin is bringing.