Tag Archives: Kimberlin v. Breitbart et al. LOLsuit

Team Kimberlin Post of the Day

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Neal Rauhauser was the actual architect of Team Kimberlin’s strategy of using frivolous pro se litigation to harass their perceived enemies. I was on the receiving end of two of The Dread Deadbeat Pro-Se Kimberlin’s RICO LOLsuits, and I wasn’t surprised by the first RICO claim because Rauhauser had tipped their hand over a year in advance. This post about RICO and Patterico is from nine years ago today.

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Neal Rauhauser has a pattern of letting things slip through careless blogging, emails, or tweets. Patrick Frey believes he has picked up on plans for a RICO suit targeting him and other bloggers.

Mr. Rauhauser, once you sue, the discovery process will begin. It works both ways. Is that really what you want?

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Indeed, only two of the many cases brought by TDPK made it to the discovery phase, and discovery did not go well for Kimberlin in either.

Team Kimberlin Post of the Day

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One of the basic rules of examining a witness in a trial is to never ask a question unless you already know the answer. One of the reasons that Brett Kimberlin failed to make his case during the Kimberlin v. Walker, et al. trial was that he assumed that he could put the defendants on the stand and that we would provide answers that fit his false narrative rather than the truth. The TKPOTD from six years ago today recounts a couple of his failures to get defendants to support his case.

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A significant feature of The Dread Pro-Se Kimberlin’s own false narrative that he spins in his second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness is a story about how my codefendants and I have sought to have him arrested.ECF 135-123

Here’s part of TDPK’s direct examination of Aaron Walker during the Kimberlin v. Walker, et al. nuisance lawsuit that shows him trying to sell his tale during that trial.

MR. KIMBERLIN: I mean, you filed charges to have me arrested? You asked —

MR. WALKER: No. I don’t believe the charges would cause you to be arrested.

MR. KIMBERLIN: Have you —

MR. WALKER: At most, most, maybe if we’re lucky, convicted.

MR. KIMBERLIN: But you wanted me to get arrested. You asked that I be arrested.

MR. WALKER: You went to court and —

MR. KIMBERLIN: I’m asking you a simple question. Yes or no?

MR. WALKER: You committed multiple crimes against me —

MR. KIMBERLIN: I’m asking —

MR. OSTRONIC: Objection, your honor. Badgering his own witness, here.

MR. KIMBERLIN: Yes or no. Have you asked that I be arrested.

THE COURT: Well, the witness is doing fine.

MR. WALKER: You have committed multiple crimes against myself —

MR. KIMBERLIN: I asked a simple question. Yes, or no.

MR. WALKER: — and my wife. And so I have sought justice against you. That is correct

He also tried get me to admit to writing blog posts saying that he should be arrested.

MR. KIMBERLIN: So, you have — have you ever — have you wanted to get me arrested? Have you asked that I be arrested?

MR. OSTRONIC: Objection.

MR. KIMBERLIN: Have you ever stated —

THE COURT: Overruled.

MR. KIMBERLIN: — on your blog that you want me arrested?

MR. HOGE: Not to my knowledge. I have no recollection of ever saying that on my blog.

Now it is true that both Aaron Walker and I have filed Applications for Statement of Charges against TDPK, and various District Court Commissioners charged him with various misdemeanors. Those charges resulted in summonses not arrest warrants. AFAIK, the only person who filed any charge that might have resulted in his arrest was Mrs. Kimberlin.

For the record, let me state again that my goal is to see Brett Kimberlin brought to justice. Whether that requires his arrest is not up to me.

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Speaking of failures, this was the status of the @itstime_2020 Twitter account at 11 pm ET Saturday—

Team Kimberlin Post of the Day

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The Dread Deadbeat Pro-Se/Protector Kimberlin was so sure that he would be successful protecting our 2016 presidential election that he filed a RICO LOLsuit against an group of defendants at the end of October, 2016. Breitbart Holdings was named as the lead defendant in the suit, and Steve Bannon was one of the codefendants. A few days later, TDPK had failed protect our election, and he then was in a LOLsuit with someone who was about to become a key presidential advisor.

The “evidence” that Kimberlin sought to use in the RICO 3 LOLsuit had been obtained as discovery in the Kimberlin v. Frey RICO Remnant LOLsuit, and it was subject to a protective order issued by Judge Hazel forbidding it’s being disclosed to third parties or used in any other case. Three years ago today, I published this post titled Breitbart Pushes Back.

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This has appeared on PACER—

Hmmmm.

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Because I had been sucked into the Frey discovery process, I was also bound by the protective order relating to that case. When Kimberlin began trying to use discovery from Frey in the Hoge v. Kimberlin, et al. lawsuit in state court, I informed Judge Hazel. He directed me to inform the state court of his order. Judge Hecker, who was presiding in the state case, took the position that he wouldn’t directly enforce the federal court order, but that he reminded Kimberlin of the possible consequences of violating the order, Kimberlin got the message and stopped trying to use the Frey discovery in my case.

Oh, and the RICO 3 LOLsuit wound up being dismissed because the use of the Frey discovery violated the protective order.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day

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Yesterday’s TKPOTD looked back that first of many posts titled Qapla’. That first post dealt with The Dread Deadbeat Pro-Se Kimberlin’s futile attempt to get a peace order against me. A year ago today, we had a twofer: Qapla’ and Qapla’—Again!.

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Congratulations to Patrick Frey and his lawyers, Ron Coleman and Bruce Godfrey: The Fourth Circuit Court of Appeals has affirmed the judgment of the District Court in the Kimberlin v. Frey RICO Remnant LOLsuit Appeal.

Brett Kimberlin has maintained his perfect record of losing all cases he has brought before the Fourth Circuit.

Everything is proceeding as I have foreseen.

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Judge Hazel has dismissed Kimberlin v. Breitbart Holdings, et al. The dismissal is with prejudice.

The final footnote summarizes the case quite nicely:

The Court considered dismissing the case without prejudice and permitting Kimberlin to attempt to amend the Complaint in a manner that would not violate the Protective Order. But having reviewed the Complaint, the Court finds that it is so clearly derived, in sum and substance, from the Frey case and discovery provided therein that any effort to amend would be futile.

Did I mention that everything is proceeding as I have foreseen?

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Qapla’ indeed.

Team Kimberlin Post of the Day

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The Dread Deadbeat Protector Kimberlin had a busy 2016. Here are some interesting happenings from that year—

22 April, 2016: Kimberlin v. McConnell, et al. LOLsuit filed seeking a determination that “Defendants Mitch McConnell and Charles Grassley have waived the Senate’s right to advise and consent with regard to the nomination of Merrick Garland.” Paragraph 1 states that “Plaintiff’s work includes seeking redress in federal court for violations of his civil and statutory rights.”

28 August, 2016: manafortwatch dot org website becomes active.

23 September, 2016: Last post made to manafortwatch dot org.

28 September, 2016: Last Russian hacking story prior to the 2016 election posted at protectourelections dot org.

13 October, 2016: Brett Kimberlin testifies under oath: “Right now, I’m working with Congress members on legislation to protect the vote. I’m working with the Department of Justice right now to protect the, this coming election. There’s been a lot of information about hacking by Russians.”

31 October, 2016: Kimberlin v. Breitbart Holdings, et al. filed, a sealed LOLsuit seeking damages under 42 U.S.C. 1983, a civil rights statute. Other defendants included Stephen Bannon, the estate of Jerry Barnes, and Kenneth Trigoning. Barnes had been the State’s Attorney for Carroll County Maryland. Trigonning is a retired Carroll County Sheriff.

8 November, 2016: Hillary Clinton loses the election.

17 November, 2016: $100,000 “reward” offered by the protectourelections dot org website for evidence of election fraud.

Not everything proceeded as he had foreseen.

Team Kimberlin Post of the Day

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I first published this bit of Brett Kimberlin’s testimony under oath during the Walker v. Kimberlin, et al. trial in the TKPOTD two years ago today.

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This was part of Aaron Walker’s cross examination of The Dread Pro-Se Kimberlin during the Walker v. Kimberlin, et al. trial.

MR. WALKER: Now, remind me, if you will, what you do for your charities.
MR. KIMBERLIN: I run a non-profit Justice Through Music, and we work with, ah, famous bands and artist to get young people involved with civic participation. We, ah, we also work with, ah, dissidents around the workd to get them, um, their message out to the general public. We work with, um, a lot of voting registration groups. We, um, registered literally hundreds of thousands of young people to vote over the years. Um, we have been very much involved, um, with making sure that voting machines are, are not hackable and that their, um, they provide and accurate reading. We were very involved with making sure that, ah, Maryland, ah, got away from the electronic voting machines and changed over to the paper ballots, ah, that I believe they used this year for the first time in, um, Maryland. And, um, we have, ah, we have a lot of [unintelligible] campaigns. For example, we had a campaign called “Iran“, um, “Iran Now”, um, during the Green Revolutionin, in Iran. Ah, We’re doing a lot of, of, because my wife’s from Ukraine, we’re doing a lot of, ah, work with Ukraine. Right now, I’m working with, ah, Congressmembers, um, on legislation to protect the vote. I’m working with the Department of Justice right now to, ah, to protect, ah, this coming election. There’s a lot of information about hacking by Russian, and our team that works for me are, are specialists in hacking and, ah, electronic cyberhacking and things like that. So we are probably one of the foremost groups in, in the country on that.

Hmmmm.

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Now, the Gentle Reader may want to take The Dread Deadbeat Pro-Se Kimberlin’s claims about working with the DoJ with a grain of salt. He’s been know to lie. OTOH, he offered that testimony in October, 2016, just before he filed his Kimberlin v. Breitbart, et al. RICO 3 LOLsuit and just before the election he probably expected Hillary Clinton to win.

What would be the significance of Brett Kimberlin’s telling the truth about working with the DoJ to “protect” the 2016 elections?

Team Kimberlin Post of the Day

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T. S. Eliot starts off The Wasteland with these words: “April is the cruelest month …” In The Dread Deadbeat Pro-Se Kimberlin’s wasteland the cruelest month is probably March.

On 13 March, 2015, his bogus peace order petition against me in the District Court of Maryland for Montgomery County was denied Judge Williams.

On 13 March, 2018, his Kimberlin v. Breitbart Holdings, et al. LOLsuit in the U.S. District Court for the District of Maryland was dismissed sua sponte by Judge Hazel.

On 14 March, 2018, the Kimberlin v. Frey RICO Remnant LOLsuit appeal was dismissed by the Fourth Circuit Court of Appeals. Per curiam. The dismissal wasn’t even worth an opinion.

On 17 March, 2015, the Kimberlin v. National Bloggers Club, et al. RICO Madness LOLsuit in the U.S. District Court for the District of Maryland was dismissed by Judge Hazel.

On 30 March, 2016, the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit in the U.S. District Court for the District of Maryland was dismissed by Judge Hazel.

OTOH, I’ve enjoyed March and its

… breeding
[Crocuses] out of the dead land, mixing
Memory and desire, stirring
Dull roots with [late winter] rain.

But that may be related to everything proceeding as I have foreseen.

Qapla’—Again!

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Judge Hazel has dismissed Kimberlin v. Breitbart Holdings, et al. The dismissal is with prejudice.

The final footnote summarizes the case quite nicely:

The Court considered dismissing the case without prejudice and permitting Kimberlin to attempt to amend the Complaint in a manner that would not violate the Protective Order. But having reviewed the Complaint, the Court finds that it is so clearly derived, in sum and substance, from the Frey case and discovery provided therein that any effort to amend would be futile.

Did I mention that everything is proceeding as I have foreseen?

Team Kimberlin Post of the Day

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Now that yet another move has been completed, Breitbart Unmasked Bunny Billy Boy Brett Unread has resumed posting wasting bandwidth, and “Staff Writer” has begun using the nom de cyber of “Langston Hews.” (I’ll bet that Hews’ hues are not the same as Hughes’.) BU still seems to be avoiding any further coverage of the pervalanche, especially as it as affected underage girls.

And that reminds me of the TKPOD from four years ago today.

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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.

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Of course, The Dread Deadbeat Pro-Se Kimberlin failed to offer a “scintilla” of evidence that he had been defamed in his Kimberlin v. Walker, et al. LOLsuit, and all the other suits he’s brought against me have been dismissed for failure to state a claim upon which relief can be granted.

All of his other LOLsuits he’s filed during the past four years have been dismissed as well—with the exception of the Brietbart Holdings, et al. case which, as can be seen in yesterday’s TKPOTD,  appears to be headed for it’s own speeding end.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

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The Team Kimberlin lawfare is slowly grinding to a halt. Yesterday, I posted the news of The Dread Deadbeat Pro-Se Kimberlin’s voluntary dismissal of his appeal of the RICO 2 Retread LOLsuit. While pro se litigation can be done on the cheap in a trial court. Appeals are expensive, especially in state courts that require submission of 15 bound copies of each brief and 10 bound copies of record extracts. That can add up to thousands of pages. Perhaps TDPK is finally getting the message that his return on his costly investment in his lawfare has been negative. The TKPOTD from four years ago today dealt with the question of how long it would take Kimberlin for figure out how badly he was screwing up.

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RICOMadnessThe Dread Pro-Se Kimberlin is no stranger to filing—and losing—RICO lawsuits. While he was still in prison, he ran a business selling porn to other jailbirds. When he lost his original connection for the porn, he turned to a new source, but was unsatisfied with what was provided. On page 213 of Mark Singer’s Citizen K we find:

In January 1987, in federal court in Madison, Wisconsin, Kimberlin sued Crest Paragon Productions, alleging false advertising, breach of contract, mail fraud, conspiracy, and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). … He asked for compensatory and punitive damages totaling $150,000. After “a [redacted] Reagan appointee” dismissed the suit on procedural grounds, Brett appealed to the Seventh Circuit but was told he’d have to pay an additional filing fee. “I decided at that point I’d spent enough on this,” he said.

One wonders when he will come to the same realization in his current Rico Madness.

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Kimberlin still has two cases that aren’t dead, Yet. One his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit in the Fourth Circuit Court of Appeals. It’s the remains of the RICO Madness case. The other is Kimberlin v. Breitbart Holdings, et al. which he filed in federal court at the end of October, 2016. Judge Hazel has issued a show cause order to Kimberlin requiring him to explain why the Breitbart case should not be dismissed because the complaint Kimberlin filed violates a protective order issued in the Frey suit.

Here’s TDPK’s response.

OK. Time to order more popcorn.

I’m Not Making This Up, You Know

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The Dread Pro-Se Kimberlin has filed a sealed LOLsuit in the U.S District Court for the District of Maryland against Breitbart Holdings and a long list of other defendants. He filed the suit at the end of October, and it has remained under seal with nothing happening since then. (I suspect that in October he didn’t expect the election to turn out as it did.) He’s now filed summonses which he wants the court to issue. Including this one:

Heh.