Team Kimberlin Post of the Day

I published several posts about Team Kimberlin three years ago today. My favorite was titled Judge Hazel Makes Short Work of Kimberlin v. McConnell, et al. which dealt with the dismissal of The Dread Deadbeat Pro-Se Kimberlin’s LOLsuit against Senators McConnell and Grassley for putting the Supreme Court nomination of Merrick Garland on hold.

* * * * *


* * * * *

TDPK’s search for standing often comes up short.

Team Kimberlin Post of the Day

Perhaps the most idiotic of The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits was Kimberlin v. McConnell, et al. which was the subject of the TKPOTD from three years ago today.

* * * * *

The Dread Pro-Se Kimberlin has filed a LOLsuit against Senators McConnell (the Majority Leader) and Grassley (Chairman of the  Judiciary Committee) seeking to have a court declare that those two senators have “waived the Senate’s right to advise and consent with regard to the nomination of Merrick Garland” to the Supreme Court.

It’s clear that the suit is a publicity stunt, perhaps a lame attempt to restart fundraising for his not-for-profits. It’s also clear that the suit is massively flawed.

First, there is nothing in the Senate’s Rules that would allow only two members to waive that body’s responsibility to advise and consent to judicial nominations, so the imaginary waiver can’t have occurred. Second, the two houses of Congress each determine their own rules (U. S. Const. Art. I, sec. 5, cl. 2), and the Constitution does not give the courts the authority to review those rules.

Third, even if the court had jurisdiction in the matter, Kimberlin lacks the standing to sue. His complaint is based on the possibility that the Supreme Court might grant a writ of certiorari on one of his appeals and that the Fourth Circuit’s ruling he might be appealing might be sustained because of a split 4-4 decision.

A claim is not ripe for adjudication if it rests upon “‘contingent future events that may not occur as anticipated, or indeed may not occur at all.'” Thomas v. Union Carbide Agricultural Products Co., 473 U. S. 568, 580-581 (1985) (quoting 13A C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure § 3532, p. 112 (1984)).

Texas v. U. S., 523 U.S. 296, 300 (1998).

popcorn4bkIANAL, but it seems that TDPK’s case will fail in court as a matter of law. I expect that it will also fail as an attempt to use virtue-signaling and pseudo-martyrdom as a fundraising tool.

I once wrote in a piece about The Dreadful Pro-Se Schmalfeldt’s LOLsuit VI: The Undiscovered Krendler that I found it better to be reporting on that LOLsuit from the outside rather than as a party. This one will also be interesting to follow as well.

Stay tuned.

* * * * *

The suit was dismissed because Kimberlin lacked standing.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day

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.

Bonus Team Kimberlin Post of the Day

The TKPOTD from two years ago today dealt with one of The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits that wasn’t aimed at bloggers.

* * * * *

In the first paragraph of the Complaint in the Kimberlin v. McConnell, et al. LOLsuit (that’s the one in which he’s suing the Senators McConnell and Grassley for not moving the Garland nomination to the Supreme Court through the confirmation process), The Dread Pro-Se Kimberlin says that part of his duties at Justice Through Music Project is to file lawsuits to vindicate his own personal rights. That suit was dismissed for lack of standing by the U.S. District Court, and it’s now on appeal at the Court of Appeals for the Fourth Circuit.

I suspect Brett Kimberlin sees sticking his nose into the Garland nomination controversy  as an opportunity to stir up some donations for his not-for-profits, and the JTMP website has a post on the issue.JTMP_judicial_vacancyNote that the post, which has been up for several weeks, has not generated a single comment. That’s unsurprising. Not one of the posts shown on the JTMP Home Page has elicited any comments. Again, that’s not surprising given how little traffic the site generates.

fruitcakeThe odds are that more people will read this post today than will visit the JTMP website this month. I probably never would have written a word about Brett Kimberlin if he hadn’t engaged in his campaign of brass knuckles reputation management and got that unconstitutional peace order against Aaron Walker, and Aaron wouldn’t have been involved if Kimberlin hadn’t engaged in shutuppery against Seth Allen. I wonder—does Brett Kimberlin ever wish he had ignored what Seth Allen was writing?

* * * * *

Follow the money.

—Hal Holbrook as Deep Throat

Team Kimberlin Post of the Day

In his search to stay relevant with his potential donors, The Dread Deadbeat Pro-Se Kimberlin tried to sue Senators McConnell and Grassley over their refusal to act on the Merrick Garland Supreme Court nomination. As the TKPOTD from two years ago noted, that both was and wasn’t a surprise.

* * * * *

popcorn4bkOK. Some of the Gentle Readers are wondering, “Did Hoge really foresee that LOLsuit The Dread Pro-Se Kimberlin filed against Senators McConnell and Grassley?” The truthful answer is yes and no. Yes, I foresaw that Kimberlin was likely to do something amazingly bold but mind-bogglingly stupid. No, I didn’t foresee Congress as his target. OTOH, he’s sued Senator Orin Hatch several years ago and Madeleine Albright when she was Secretary of State, so I’m not surprised by the grandiosity of his really futile and stupid gesture.

Some days, all one has to do is sit back, watch, and wait for the mistake to be made.

* * * * *

However, that LOLsuit did proceed as I foresaw. It was dismissed sua sponte by the court because of Kimberlin’s lack of standing.

Team Kimberlin Post of the Day

Even a flatworm will turn away from pain, but Team Kimberlin has been a glutton for punishment. Back in 2014, The Dread Deadbeat Pro-Se Kimberlin lost the Kimberlin v. Walker, et al. nuisance LOLsuit, and The Dreadful Pro-Se Schmalfeldt withdrew LOLsuit I after two days, saw his counterclaims that made up LOLsuit II dismissed with prejudice, and was the subject of a second peace order. After all that, they were still exchanging the Worst Advice of the Year

* * * * *

The Dimwitted Hipster is leading the Cabin Boy™ astray.DemHip201412302152Z

Murum aries attigit.

* * * * *

2015 wasn’t a good year for Team Kimberlin either. TDPK lost the RICO Madness LOLsuit and saw his untimely appeal of that case turned away by the Fourth Circuit Court of Appeals. He filed his RICO Retread LOLsuit in state court, and a bunch of the defendants in that case were dismissed before year’s end. He filed a bogus peace order petition against me which was denied—as was his appeal of the denial—and the false criminal charge he filed against me was dropped. He also filed the RICO II: Electric Boogaloo LOLsuit which spilled over into 2016.

2015 went no better for the Cabin Boy™. LOLsuit III was dismissed by the U.S. District Court for lack of jurisdiction, LOLsuit IV was dismissed by the Circuit Court of Howard County for improper venue and failure to serve most of the defendants, and LOLsuit V was voluntarily dismissed with prejudice by Schmalfeldt when he fled from Maryland to Wisconsin.

2016 saw TDPK lose his appeal of the Kimberlin v. Walker, et al. LOLsuit, the RICO II: Electric Boogaloo LOLsuit and its appeal and the Kimberlin v. McConnell LOLsuit and its appeal. His petition for a writ of mandamus to force Judge Hazel to modify the protective order in the RICO Retread LOLsuit was denied by the Fourth Circuit, and that court sanction him for including me in his frivolous appeal of RICO II. Meanwhile, the Cabin Boy™ lost LOLsuits VI and VII.

As 2017 grinds to a halt, Kimberlin has lost his appeal of the RICO Retread LOLsuit in the Maryland Court of Special Appeals and has withdrawn his appeal of the RICO II Retread LOLsuit from that court. The Cabin Boy™ has just had LOLsuit VIII booted by the U.S. District Court for the District of South Carolina for lack of personal jurisdiction over the defendants.

2018 is coming. Stay tuned.

Murum aries attigit.

Team Kimberlin Post of the Day

Our year’s end month-by-month review of Team Kimberlin news has come to April. The two big stories for that month were the dismissal with prejudice of Dan Backer, DB Capitol Services, Lee Stranahan, and me as defendants in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit and the filing of The Dread Pro-Se Kimberlin’s LOLsuit against Senators McConnell and Grassley for failing to move the Merrick Garland nomination to the Supreme Court through the Senate.

As we will see later, both of those cases failed on appeal.