Team Kimberlin Post of the Day


This post about a bit of lawfare in which Brett Kimberlin, as The Dread Deadbeat Protector Kimberlin, is involved. However, he’s not a named party in the case.

At the end of January, 2014, a couple of progressive organizations and a pair of individuals filed a LOLsuit in the U.S. District Court in D.C. against the Federal Elections Commission because it failed to pursue an investigation of Crossroads Grassroots Political Strategies. The individual plaintiffs in the case were Craig Holman and Kevin Zeese. The organizational plaintiffs were Public Citizen and Protect Our Elections.org. The Gentle Readers who have been following this blog for some time should find a couple of those names familiar. This is from the Complaint filed in the case—

11. Plaintiff ProtectOurElections.org is a national collaboration of grassroots organizations that work together to provide oversight of elections and to advocate for campaign finance reform. they rely on political committees’ public disclosure reports to evaluate the influence of money in politics.

13. Plaintiff Kevin Zeese, Esq., is an attorney with ProtectOurElections.org and is committed to reforming politics and elections. He relies on information about campaign-related spending to evaluate different speakers and messages and to monitor the impact of large expenditures on officeholders and public policy. He is also a United States citizen and a registered voter in Maryland. As a registered voter, Mr. Zeese is entitled to reviver the information that the FECA requires political committees and others to disclose to the public, and his informed exercise of the vote is impaired when such information is unavailable,

The case slogged along until motions for summary judgment were filed. A hearing on those motions was held in August, 2016. And then nothing happened. You see, there was another case going forward against the FEC in the same court that had very similar facts and issues. That case, Citizens for Responsibility and Ethics in Washington v. FEC, went to trial in 2017 and was appealed. The Court of Appeals for the DC Circuit decided that case in the FEC’s favor in 2018. IANAL, but it seems to me that the case law now favors granting summary judgment in the FEC’s favor in the Public Citizen, et al. case as well.

The FEC has filed a supplemental brief informing the District Court of the Court of Appeals ruling, but nothing has been entered on the case docket for almost a year.

It looks as if The Dread Deadbeat Protector Kimberlin will have to find another means “to provide oversight” of our elections.

Team Kimberlin Post of the Day


One of the false narratives that The Dread Deadbeat Prevaricator Kimberlin spun in the aftermath of Everybody Blog About Brett Kimberlin Day was that he received “threats” as a result of the light shone on his lawfare and harassment of bloggers. This post titled Kimberlin Alleges Threats ran seven years ago today.

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Kevin Zeese, a lawyer representing Velvet Revolution (one of Brett Kimberlin’s not-for-profits), has sent letters to Ali Akbar and two other bloggers demanding that they “preserve all documents” relating to the recent blogburst. According The Examiner, Mr. Zeese alleged that Brett Kimberlin and his associates have received “countless death threats” as a result of the blogburst. The post states that Mr. Zeese was unwilling to describe what sort of threats were received or provide any documentation of any threats.

IANAL, but if I were, I’d be inclined to advise a client such as Mr. Kimberlin that filing a lawsuit opens up a discovery process that works both ways. There are folks hoping to be sued by Mr. Kimberlin so that they can get him answering questions under oath.

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Kevin Zeese is a lawyer licensed practice in DC only. He’s a failed Green Party candidate for Senator from Maryland and served in the Green Party’s shadow cabinet as Attorney General. His bio talks a lot about the cases he has litigated in support of progressive causes, but doesn’t seem to mention any that he’s won.

Team Kimberlin Post of the Day


Shadow Attorney General Zeese is a loser. His bio over at the Green Shadow Cabinet seems to revel in his defeats.

He sued the DEA over medical marijuana and lost. He ran for Senate in Maryland and lost. He filed complaints against organizations such as the Chamber of Commerce and American Crossroads and lost. He organized Occupy DC, which wound up fizzling. He has filed numerous bar complaints against other lawyers, most notably against Justice Clarence Thomas, that have gone nowhere.

Speaking of bar complaints, what’s sauce for the goose is sauce for the gander, Mr. Zeese.

Team Kimberlin Post of the Day


Here’s an interesting tidbit from one of The Dread Pro-Se Kimberlin’s filings in his Kimberlin v. The Universe, et al. RICO Madness.ECF 174-p1

I looked up that lawsuit on PACER and read the motion for summary judgment that TDPK wrote about. In a declaration that accompanies the motion, Kevin Zeese declared on 28 July, 2014, the following under penalty of perjury:PC v FEC ECF 23-2-3

The complaint filed in the Public Citizen, et al. v. FEC lawsuit, gives ProtectOurElections.org’s address as a post office box in DC.ProtectOurElectionsAddressThat organization is actually nothing more than a back burner project of VelvetRevolution.US, and it probably operates out of the 79th Place address in Cabin John, Maryland, or Mrs. Kimberlin’s basement in Bethesda.

Note that Mr. Zeese says that he’s an attorney with an entity that operates in DC and/or Maryland. According to the state’s list of attorneys licensed to practice in Maryland, Kevin Zeese is not shown as a member of the bar in that state. Additionally, his license is shown as suspended in DC.Zeese_DCBarHmmmmmm.

 

Team Kimberlin Post of the Day


According to paperwork filed with the IRS, The Dread Pro-Se Kimberlin’s not-for-profits spent $34,625 on legal expenses in 2012.

This is from page 10 of the Form 990 filed by Justice Through Music Project.2012JTMP990-p10This is from the Schedule O attached to the Form 990-EZ filed by Velvet Revolution US.VRUS2012SchedOThe only lawsuit involving those entities was Walker v. Kimberlin, et al. which was dismissed shortly after the not-for-profits were added as parties. Furthermore, they were represented in the matter by Jeffrey Cohen, the Executive Director of both organizations. Even if he billed for his services and all the expense was borne by JTMP, it would be unlikely that his fees would have justifiably amounted to over $11,000.

The only other “legal” activity during 2012 seems to be some frivolous bar complaints filed on behalf of VRUS by Kevin Zeese. Again, the apparent level of effort for that work does not go a long way in explaining over $23,000 in expense.

‘Tis a puzzlement.

Bonus Prevarication Du Jour


@Mjanovic201310120129ZYes, my counsel of record in the Kimberlin v. Walker, et al. lawsuit is pro bono. So are all the members of the team of lawyers from around the country backing him up. (The Popehat Signal is a marvelous thing. Thanks, Ken.) They are lawyers from across the political spectrum with a dedication to the First Amendment who see it as a civic and professional duty to defend it against such egregious attacks as Kimberlin’s.

Half-assed? I don’t think so, but a one-percent-assed effort by the assembled team would probably be sufficient to overcome Kimberlin’s pitiful suit.

Definitely lose? Badly? Well, we will see who winds up owing whom. Even a dismissal could leave Brett Kimberlin responsible for costs and my expenses and legal fees. Legal fees? Yes, legal fees. My lawyer is pro bono for me but not for Kimberlin. Legal fees.

AFTERWORD—Bill Schmalfeldt seems to think that there is some significance to the fact that my lawyer is not a member of the Maryland State Bar Association, a voluntary organization. Membership in that organization should not be confused with being admitted to practice law in Maryland. I wonder if the Cabin Boy is aware that the two Maryland lawyers who are on the board of Velvet Revolution US, Jeffery R. Cohen and Kevin Zeese, also chose not to belong to the Maryland State Bar Association? The Cabin Boy has also noticed that my lawyer is also a CPA. Trust me, Gentle Reader; that’s going to be a plus.