Bonus Team Kimberlin Post of the Day

The Gentle Reader may remember that the Maryland Court of Special Appeals dismissed Aaron Walker’s appeal against the State of Maryland in the case involving the constitutionality of the so-called Grace’s Law, a state statute that outlaws using the Internet to publish something that upsets a minor child. Aaron has filed a petition for a writ of certiorari with the Maryland Court of Appeals, the State’s highest court, seeking review of the lower court’s decision. The petition was filed several weeks ago, but I held off writing about until I was sure that Brett Kimberlin had been served a copy and was aware of the further appeal. He is not a party in the case going forward, the only remaining parties are Aaron and the State, but I wanted to see how Kimberlin would react before I posted anything.

On 21 August, about the time Kimberlin would have been served, Breitbart Unmasked Bunny Billy Boy Brett Unread published a post about the appeal (No, I won’t link to it.) tagged with the line: “Walker appeals court decision that denied him his lifetime right to harass minor children online.” It should not surprise the Gentle Reader who has been following the Saga of the Dread Deadbeat Pro-Se Kimberlin that BU‘s tagline is false and deceptive. Indeed, if another website were to have published such a statement, it probably would have been defamatory. That’s not the likely case with BU because one of the elements of defamation is that the statement damaged the victim’s reputation. No one in his right mind believes anything published on BU, so nothing posted there should be harmful to anyone’s reputation. Of course, the whole post amounts to nothing more than one of the Kimberlin false narratives misrepresenting both the facts and the law related to Aaron’s appeal.

BTW, the fact that I was able to wait to Labor Day to post about an almost-two-week-old article at BU without anyone else on the Intertwebz thaving taken notice of it shows how vanishingly small The Dread Deadbeat Publisher Kimblerlin’s web presence has become.

Here’s Aaron’s petition. It speaks for itself—

One more thing … The picture accompanying the post is a composite of headshots of Aaron and me. That’s interesting because I’m not a party to the case. I never was. Also, the body of the article alludes to the series of TKPOTD-in-review posts that I’ve been publishing while we wait for the final resolution of Aaron’s case. It’s pretty clear that those posts have gotten under Kimberlin’s skin. The Dread Deadbeat Publisher Kimberlin would like think that day-to-day coverage of Team Kimberlin is dying out. It isn’t. While it doesn’t generate the traffic that it did when trials were going on, it still generates thousands of hits per week. I’d be willing to be that the average daily traffic on those posts exceeds the monthly traffic on all the Kimberlin-related websites combined. But the purpose of the TKPOTD series is not to annoy. It’s to inform. It won’t be bullied off of the Internet.

The posts will be around for a bit longer.

I’m not done with him yet.

Adjourned Sine Die

There’s a Mark Twain quote about no man’s life, liberty, or property being safe while the legislature is in session. At midnight a few minutes ago, the 2018 session of the Maryland General Assembly adjourned sine die, and we bloggers dodged a bullet. A few weeks ago I wrote about Senate Bill 726, the so-called Grace’s Law 2.0. I referred to it as Brett’s Bill because it would have had the effect of making writing truthful things on the Internet a crime (up to 3 years in prison) if it caused upset to a minor. If that had been the law when Aaron Walker and I were charged under Grace’s Law in 2015, I might still be in jail.

The bill passed the Senate, but lobbying with the House Judiciary Committee by the ACLU, Aaron Walker, and me helped keep the bill from being reported from the Committee to House floor. My work was mostly through email. Aaron and the ACLU also met directly with legislators. Aaron’s story of how Brett Kimberlin had used Maryland’s existing laws had a chilling effect on many of the Delegates he was able to speak with. I’ll have more to report about what I learned during the lobbying, but that will have to wait for a few days.

I can tell you from my family’s own experience that cyberbullying needs to be dealt with firmly, but we need to do it within the limits of the First Amendment. I hope to be able to work with the legislators from Carroll County to draft a bill that will help protect kids without trampling on the Bill of Rights.

Team Kimberlin Post of the Day

The appeal of the Walker v. Maryland, et al. lawsuit is before the Maryland Court of Special Appeals. I have not done much reporting on the course of that appeal because I have been working with Aaron Walker as his paralegal. I know too much about the case, and I did not want to divulge too much to the adverse parties with a slip of the keyboard. There will be no more briefing on the case after today, so I’m going to begin reporting what I know.

The appellees in the case are the State of Maryland and Brett and Tetyana Kimberlin. Originally, Aaron sued the State seeking to have the laws that he had been falsely charged under declared unconstitutional. The Kimberlins were added as defendants in devolved into a malicious prosecution claim. When Judge Mason found the laws constitutional and dismissed the case against the State, he ordered the case severed into two separate cases so that the claim against the Kimberlins could continue, but the Clerk of the Circuit Court has refused to obey that order. Thus, what should have been two separate appeals is one.

Today, we’ll take a look at the underlying facts of the case. Tomorrow and the next day, we’ll take a look at the cases against the two sets of appellees.

In July, 2013, Brett and Tetyana Kimberlin were estranged from each other. After Brett (I will refer to the Kimberlins by their first names for simplicity) sought a protective order against his wife and filed a bogus petition for an involuntary psych evaluation of her, Aaron Walker offered her pro bono legal assistance and, working with me, arranged for her to have representation by a Maryland lawyer. In an apparent attempt at revenge for Aaron’s helping Tetyana, Brett filed a false Application for Statement of Charges which resulted in Aaron being charged with harassment under Maryland Criminal Law § 3-803. The basis of the charge was that Aaron had written about Brett on Twitter and his blog. The charge was dropped.

As the Gentle Reader who has followed this blog for a while knows, Brett continued his lawfare against Aaron and others, including me. In March, 2015, he filed a bogus peace order petition against me which was denied by both the District and Circuit Courts. The basis of his petition was that I had allegedly harassed Tetyana’s elder daughter by writing about Brett on this blog. Rather than appeal that petition further, he drafted and Tetyana filed false Applications for Statement of Charges against Aaron and me which resulted in our being charged with online harassment of a minor under Maryland Criminal Law § 3-805(b)(2). Those charges were dropped.

Aaron sued the State of Maryland, claiming that the State was acting as Brett’s catspaw in the suppression of his First Amendment rights and that the laws being used were unconstitutional. The Circuit Court ruled that Aaron did not have standing his suit as it was originally drafted, but allowed him to amend his complaint. The Kimberlins were added as defendants. As noted above, Judge Mason found the laws constitutional and dismissed the case against the State. The case went to trial against the Kimberlins, and the Court found that they had probable cause to file their complaints. Aaron is appealing the finding that §§ 3-803 and 3-805 are constitutional and certain procedural errors during the trial.

Tomorrow, we’ll take a look at Aaron’s constitutional challenge to Maryland’s harassment statutes and how they can have the effect of chilling free speech on the Internet.

UPDATE—2018 JAN 03 05:03:33 UTC tag/walker-v-kimberlin-et-al
2018 JAN 03 05:03:48 UTC tag/graces-law
2018 JAN 03 05:13:39 UTC tag/tetyana-kimberlin

Team Kimberlin Post of the Day

I received service of the following order from the District Court of Maryland is yesterday’s mail.

I was never served by the petitioner who, on the face of the document, appears to be Tetyana Kimberlin. It was fortunate that Judge Wolfe denied the petition. I assume that the petition was filed in order make it more difficult to use the District Court’s records in support of my malicious prosecution claims in the Hoge v. Kimberlin, et al. lawsuit.

The document represents itself as being filed by Tetyana Kimberlin. I find it interesting that the notice of service information for the State’s Attorney (which is handwritten in the wrong spaces) is in Brett Kimberlin’s handwriting. Also, the following items are interesting to compare—

This is Tetyana Kimberlin’s signature from the Protective Order Petition she filed seeking protection from her husband on 7 July, 2013.20130707This is her signature on the Application for Statement of Charges she filed against me on 18 May, 2015.20150518Here is the signature on the Motion to Seal.Mot to SealHmmmmm.

Walker v. Maryland News

An amicus brief has been filed with the Maryland Court of Special Appeals in the Walker v. Maryland case. The party filing the brief is the Marion B. Brechner First Amendment Project. The lead attorney on the brief is Eugene Volokh.

Prof. Volokh has a post about the brief over at The Volokh Conspiracy blog at WaPo. Read the whole thing.

Team Kimberlin Post of the Day

The gang over at Breitbart Unmasked Bunny Boy Unread has been hyperventilating over a brief filed by Aaron Walker in his suit against the State of Maryland. Aaron is seeking to have the laws that The Dread Pro-Se Kimberlin has used to harass him (and me) declared unconstitutional (or at least unconstitutional all applied in our cases). Here’s Aaron’s brief:

The Dread Pro-Se Kimberlin has submitted a brief as well. Here it is:

Of course, the case is Walker v. State, so Kimberlin isn’t a party. That means he doesn’t have standing to file a brief except as an amicus. Amicus briefs can’t be filed pro se by a non-lawyer, so it will be interesting to see what the Court of Special Appeals does with TDPK’s paperwork.

I lost count of the lies Kimberlin told in the section labeled “Walker is Misleading the Court.” TDPK’s desperation is really beginning to show.

While appeals generally move slowly, I’ve been told that there may be some more news related to this one later in the week. Stay tuned.

Team Kimberlin Post of the Day

Continuing with our series of Team Kimberlin’s failures to properly adhere to the Nine Principles of Warfare in its campaign of lawfare, let’s consider mass.

Mass – Concentrate the effects of combat power at the decisive place and time. Commanders select the method that best fits the circumstances. Massed effects overwhelm the entire enemy or adversary force before it can react effectively.

—U. S. Army FM 3-0

The closest that The Dread Pro-Se Kimberlin came to the proper application of mass was a series of actions he tried to take against me during the late winter and spring of 2015. Shortly after Mrs. Hoge’s health problems became publicly known, the attack opened with bogus emails to the Director of Goddard Space Flight Center and the Administrator of NASA about me. This was followed up with a false peace order petition, the second RICO LOLsuit, false complaints about my business and personal Twitter accounts, the second state LOLsuit, and a false criminal complaint against me. While there was an attempt to sorta/kinda synchronize the various activities, but the effort failed because of half-assed implementation. The power applied was not overwhelming, and it was not applied in a decisive or timely manner.

I can’t say anymore about the emails to NASA other than they backfired. The peace order petition was a bit of a hassle, but my lawyer dealt with it handily. The second RICO LOLsuit was a poorly drafted loser which required a trivial amount of my time to defend pro se compared to the first RICO case. I’m back on Twitter, and Twitter has apologized to me. My lawyer got the second state lawsuit dismissed based on res judicata, meaning that the court found that the case was an improper, redundant suit. That finding sets up several interesting possibilities for actions I might take in response. Best of all, the criminal charge was dropped for lack of evidence.

Thus, rather than massing his assets in a coordinated, effective way, TDPK wasted time and effort and wound up exposing himself to counter-action. The Gentle Reader should not be surprised if that counter-action comes from more than one direction at once, effectively coordinated in accordance with the principle of mass.