Team Kimberlin Post of the Day


One of the claims that the Dread Deadbeat Pro-Se Kimberlin made in his LOLsuits is that people had made money off of writing about him and his activities. Of course, people make money writing about other people all the time. Folks are willing to pay for interesting, informative, or entertain writing that tells stories about other people. Kimberlin was never able to connect a defendant’s writing about him to any injury he suffered. More important, he was never able to show that anyone’s reporting about him was false. The TKPOTD from six years ago today deals with one of his futile attempts to follow the money.

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The Dread Pro-Se Kimberlin seemed especially interested in this blog’s ability to raise money. Here’s part of his direct examination of me during the Kimberlin v. Walker, et al. nuisance lawsuit trial.

MR. KIMBERLIN: Right, so and every day you have a post called Team Kimberlin Post of the Day?

MR. HOGE: That’s one of the features of my blog.

MR. KIMBERLIN: Right, uh-huh. And you also have a donate button on your blog where you can raise money and ask people to donate to you, right?

MR. HOGE: Actually it’s called a tip jar, but yes.

MR. KIMBERLIN: Yeah, tip jar, uh-huh. Okay, and you started this campaign called Everybody Blog about the Howard County Prosecutors. Can you tell just why that was started?

MR. HOGE: Yes, the —

MR. OSTRONIC: Objection.

THE COURT: Overruled.

MR. HOGE: Yes, Mr. Walker and his wife showed me credible evidence that you had, in fact, stalked them in the parking lot of the Howard County District Courthouse in Ellicott City. And when Mr. Walker and his wife went to talk with the State’s Attorney’s Office they were told by Assistant State’s Attorney Brewer that if they didn’t want to be harassed they should stay out of Maryland. And that didn’t strike me as responsible way for a State’s Attorney’s Office whether they’re going to nolle pross the, and not follow-up on charge or not, that just struck me as a very unfortunate attitude for a State’s Attorney’s Office. And so I thought they should be held accountable for it.

MR. KIMBERLIN: So you started this campaign and had people calling. How did it work?

MR. HOGE: Well basically the idea was that people should ask the State’s Attorney himself if that was, in fact, his policy.

MR. KIMBERLIN: So that’s where all this Maryland is for Stalkers kind of —

MR. HOGE: I have no idea where exactly that came from. I have seen that there was a blogger who for a short time had on Zazzle which is one of these internet sales companies a bumper sticker that said that. I think it was probably a parody on Virginia being for Lovers.

He brought up the Maryland is for Stalkers bumper sticker while Aaron Walker was on the stand as well. I don’t believe that it has been a very big seller, but it sure got under his skin. Of course, it’s entirely possible that it generated more sales than any of the Team Kimberlin merchandise that was offered by Brietbart Unmasked.

I wonder … is fundraising so precarious at JTMP and VRUS that TDPK is now jealous of my minor league blog?

Oh … one more thing … it seems to annoy Brett Kimberlin for folks to hit my Tip Jar.

* * * * *

I suspect that Kimberlin’s failure to generate traffic to online DONATE button may have made it more difficult to provide a smoke screen for funding from other sources.

For example, he seems to have vanishingly small traffic at the itstime2020 dot org site.

Team Kimberlin Post of the Day


As Brett Kimberlin’s campaign of lawfare was failing to suppress his critics voices on the Internet, he filed other LOLsuits as part of his attempt to make his mark as a left wing activist. The TKPOTD for four years ago today looked at his LOLsuit against Senators McConnell and Grassley and predicted that it too would fail.

* * * * *

The Dread Pro-Se Kimberlin’s pathetic attempt at virtue signaling by suing Senators McConnell and Grassley is doomed. As Aaron Walker has pointed out, Kimberlin lacks standing and the issue is not ripe.

Further, his chance at controlling the narrative surrounding the case has been impaired by failing to announce the suit via his own channels such as the Justice Through Music Project or VelvetRevolution.US websites or Breitbart Unmasked Bunny Boy Unread. The story broke here on Hogewash! and has been retweeted by bloggers and blogs such as Popehat and Legal Insurrection. We control the vertical and the horizontal—and the audio too.

I believe TDPK will be very unhappy with the fallout from this LOLsuit.

* * * * *

Yep, he really got in over his head.

Team Kimberlin Post of the Day


Not all of The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits have been attempts to shut up his critics. Brett Kimberlin seems desperately to want to be a significant player at something. Having failed as a dope dealer and as a musician, he’s tired to find some significance as an activist, and the LOLsuit he filed against Mitch McConnell and Chuck Grassley four years ago was one of his more remarkable failures at activism. This I’m Not Making This Up, You Know post ran five four years ago today.

* * * * *

Brett Kimberlin is suing Senators McConnell and Grassley because … oh, you have to read this to believe it—

And for bonus LULZ, the case has been assigned to Judge Hazel.

UPDATE—Note that Kimberlin is using the same address in this lawsuit that he has always used but where he could not be served with a summons in Hoge v. Kimberlin, et al.

* * * * *

The court dismissed the case sua sponte without the defendants ever being served, and the Fourth Circuit rejected Kimberlin’s appeal.

BTW, paragraph 1 in that complaint contains a staggering admission against interest, not in that case, but in several other cases still in progress at the time. “Plaintiff’s work includes seeking redress in federal court court for violations of his civil and statutory rights.”

His rights, not the rights of others. And he claimed that was part of his job at a not-for-profit.

However, when a job description, corporate minutes, or other documentation of that claim was sought as part of discovery in another case, Kimberlin refused to provide it.

Team Kimberlin Post of the Day


This TKPOTD is from four years ago today. It provides a succinct summary of Brett Kimberlin’s lawfare campaign attempting to use the courts to suppress the First Amendment rights of his critics.

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One of the subjects of interest at this blog is the First Amendment. I got interested in Brett Kimberlin back in 2012 because of the unconstitutional gag order he was granted against Aaron Walker as part of a peace order. That struck me as an attack on Aaron’s First Amendment rights, and I wound up participating in the Everyone Blog About Brett Kimberlin Day blogburst. Because the hearings involved in the Kimberlin cases were within commuting distance of my home, I began attending them and writing about the various Kimberlin-related peace order petitions and lawsuits.

As a result, I became part of the story.

In late July, 2013, Brett Kimberlin filed a false criminal complaint against me accusing me of harassment. The charge was dropped by the Montgomery County State’s Attorney.

In late August, 2013, Brett Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in Montgomery County Circuit Court alleging a wide array of torts, including defamation and false light invasion of privacy. In July, 2014, most of that case was dismissed on summary judgment. The next month, Aaron, Stacy, Ali, and I received a directed verdict in our favor when Kimberlin was unable to put on enough evidence to allow the remaining case to go to the jury. Kimberlin appealed to the Court of Special Appeals, and a three-judge panel upheld the Circuit Court’s finding in January, 2016. Kimberlin has asked an rehearing en banc by the entire Court of Special Appeals.

In October, 2013, Brett Kimberlin sued over twenty defendants, including me, in federal court alleging a RICO conspiracy and civil rights claims as well as a laundry list of state law torts. On 17 March, 2015, the federal claims were throw out, except for one claim against Patrick Frey. Kimberlin tried to appeal to the Fourth Circuit Court of Appeals, but he was turned away because the case was still ongoing in the lower court. The remnant portion of the case has been limping along, and discovery finally ended last Friday. Kimberlin has sought to subpoena information from me, but I was not properly served. However, I voluntarily let him have the responsive information that I had. Because he was disappointed with what he received, he filed a motion to have me sanctioned. That motion is still pending.

In March, 2015, Kimberlin filed a false peace order petition against me that alleged I had harassed Mrs. Kimberlin’s elder daughter. On 13 March, 2015, that petition was denied.

The following Monday, 16 March, 2015, Kimberlin filed his second RICO lawsuit, the so-called Team Themis suit, against almost twenty defendants. My name was tacked on the end. (This was great timing; the first RICO suit was dismissed the next day.) That lawsuit was dismissed last week.

On 15 April, 2015, Kimberlin filed another lawsuit in Montgomery County Circuit Court which essentially was the state law claims from his first federal RICO suit alleged against most of the same defendants. Michelle Malkin, Twitchy, Breitbart, Glenn Beck, Mercury Radio Arts, and The Blaze were dismissed from the suit in September, 2015. Aaron Walker was dismissed in January, 2016. Dan Backer, DB Capitol Services, Lee Stranahan, and I were dismissed yesterday. Of the four remaining defendants, Patrick Frey, Ali Akbar, and National Bloggers Club remain unserved, and Mandy Nagy is incompetent to defend herself following a devastating stroke.

Kimberlin appealed the denial of his bogus peace order petition, and his appeal was denied after a hearing in Montgomery County Circuit Court on 14 May, 2015.

A few days later, acting through his wife, Kimberlin filed a false criminal complaint based on the allegations in his peace order petition. In June, 2015, the Montgomery County State’s Attorney dropped the charge for lack of evidence.

So where are the cases now.

The peace orders and criminal charges are done.

The first state lawsuit has failed on appeal, and it’s unlikely that the Court of Special Appeals will bother with an en banc hearing and even more unlikely that the Court of Appeal (Maryland’s highest court) would grant a petition for certiorari and take the case.

The first RICO case isn’t over in the District Court and can’t be appealed until the claim against Patrick Frey is adjudicated there.

The second RICO is in now toast in the District Court. I expect that Kimberlin will file an appeal with the Fourth Circuit in a few days.

The second state lawsuit isn’t over yet either, and it can’t be appealed until the claims against the remaining four defendants are resolved.

So, for now, Patrick Ostronic, my pro bono attorney in the state cases, will be watching the Court of Special Appeals for a decision on an further hearing, and I’m lining up legal resources to deal with the expected appeal in RICO 2. And we shall see how Judge Hazel rules on that sanctions motion. Meanwhile, it’s become abundantly clear that the Rauhauser/Kimberlin strategy of on-the-cheap pro se litigation has backfired.

We’re dealing with people who have likely had no interaction with the court system beyond a traffic ticket; the potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds.

—Neal Rauhauser, quoted by Stacy McCain.

Kimberlin now overlooks at his own risk the potential for a group of defendants, some with excellent legal resources, dedicated to the First Amendment to push back against his lawfare. Maybe, just maybe, he’ll begin to understand the potential costs of taking on dedicated pro se defendants with time and resources.

#Loser

* * * * *

Loser indeed. Not only did The Dread Deadbeat Pro-Se Kimberlin wind up losing all those cases and their appeals, he wound up having appeals court costs taxed to himself and getting sanctioned for frivolously including me as an appellee in one of the appeals. Oh, and he lost his RICO 3 Lolsuit that he filed agains Breitbart Holdings, Steve Bannon, and a long list of other defendants when it was dismissed sua sponte by the District Court. His LOLsuit against Mitch McConnell and Chuck Grassley was also dismissed sua sponte, and he lost all the appeals related to those case.

Everything proceeded as I had foreseen.

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.

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Bwahahahahahahahahahahaha!

* * * * *

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.

Team Kimberlin Post of the Day


The Gentle Reader may have lost track of the various appeals that The Dread Pro-Se Kimberlin has filed in his current round of lawfare. Here’s the current status of the various cases:

Kimberlin v. Walker, et al. This was the first suit that TDPK filed in state court back in 2013 against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. Most of it was dispensed with on summary judgment. After TDPK had put on his case against Aaron, Stacy, Ali and me at the trial in August, 2014, the judge ordered a directed verdict in our favor. TDPK appealed, and a three-judge panel of the Maryland Court of Special Appeals upheld the Circuit Court’s findings in January, 2016. The Court of Special Appeals denied TDPK’s request for an rehearing by the entire court. He’s filed a petition for a writ of certiorari with the Court of Appeals.

Kimberlin v. National Bloggers Club, et al. (I). This was the RICO Madness LOLsuit that had two dozen defendants at one point. All but one count against on defendant (Patrick Frey) were dismissed in March, 2015. The case limps along as the Kimberlin v. Frey RICO Remnant LOLsuit. TDPK tried to appeal the dismissal in 2015, but the Fourth Circuit threw the appeal out because the case was still ongoing in the District Court. The case recently completed discovery, and TDPK is upset because the District Court won’t let him use confidential discovery material in other case and won’t allow him to release it to the public. He’s filed a petition for a writ of mandamus with the Fourth Circuit asking that court to order the District Court to let him do as he pleases with the confidential discovery material.

Kimberlin v. Hunton & Williams LLP, et al. This is the RICO 2: Electric Boogaloo LOLsuit. It was dismissed last March, and TDPK is appeal the dismissal to the Fourth Circuit.

Kimberlin v. McConnell, et al. This was TDPK’s LOLsuit against Senators McConnell and Grassley for not moving the Garland nomination to the Supreme Court through the Senate. It was dismissed for lack of standing, and TDPK has appealed the dismissal to the Fourth Circuit Court of Appeals.

“Lawsuits for the rest of their lives.” That’s what Kimberlin promised.

We shall see. Meanwhile—

Τα πάντα είναι η διαδικασία όπως εγώ είχε προβλέψει.

Team Kimberlin Post of the Day


Here’s the current status of the Team Kimberlin lawsuits, beginning with the oldest.

Kimberlin v. Walker, et al.  Most of this case was disposed of in July, 2014, on summary judgment. The defamation and false light invasion privacy counts went to trial in August, 2014. After The Dread Pro-Se Kimberlin rested his case, the judge ordered a directed verdict in the favor of the defendants because TDPK had not offered a “scintilla” (the judge’s word) of evidence to support his case. A three judge panel of the Court of Special Appeals affirmed the Circuit Court’s finding in January, 2016, and that Court refused to grant a rehearing by the whole court. TDPK had filed a petition for a writ of certiorari with the Maryland Court of Appeals (the State’s highest court).

Kimberlin v. National Bloggers Club, et al. (I) Most of this federal case (aka Kimberlin v. The Universe, et al. RICO Madness LOLsuit) was dismissed in March, 2013, but one count (against Patrick Frey, aka Patterico) remains alive. TDPK tried to appeal that dismissal, but the Fourth Circuit Court of Appeals dismissed the appeal because the case was still pending in the District Court. Discovery has just been completed, and TDPK has tried to use confidential discovery material in other cases. He has filed an petition for a writ of mandamus with the Fourth Circuit to try to undermine the protective order protecting the confidential discovery material. He also has a pending motion for sanctions against me related to a defective subpoena he served. The case is limping along as Kimberln v. Frey (aka RICO Remnant LOLsuit).

Kimberlin v. Hunton & Williams LLP, et al. This case is also known as Kimberlin v. Team Themis, et al. RICO 2: Electroc Boogaloo LOLsuit. It was filed the day before the RICO Madness LOLsuit was mostly dismissed. It was dismissed at the end of March, and Kimberlin has filed an appeal with the Fourth Circuit.

Kimberlin v. National Bloggers Club, et al. (II), also known as the RICO Retread LOLsuit, was TDPK’s attempt to salvage the state law claims from the RICO Madness LOLsuit in state court. Parties began being dismissed in September, 2015, and the case is now dead, but some technicalities are holding the case open in the Circuit Court. Kimberlin can’t file a appeal until there’s a final order in the Circuit Court.

Kimberlin v. McConnell, et al. This is the case where TDPK was suing Senators McConnell and Grassley for not dealing with the pending Supreme Court nomination. It was dismissed for lack of standing. Kimberlin is appealing the dismissal to the Fourth Circuit.

Walker v. Kimberlin, et al. This is Aaron Walker’s lawsuit against Brett and Tetyana Kimberlin for malicious prosecution. The case has survived motions to dismiss and a motion for summary judgment. The Kimberlins have until 1 July to file a proper answer to the Complaint.

Hoge v. Kimberlin, et al. This my suit against Brett and Tetyana Kimberlin for malicious prosecution; Brett Kimberlin, Bill Schmalfeldt, and others for defamation; and Bill Schmalfeldt for breach of contract (relating to the settlement agreement for the 2014 copyright lawsuit). We are currently dealing with motions to dismiss and an apparent default by the Kimberlins.

Schmalfeldt v. Palmer, et al. is also known as LOLsuit VI: The Undiscovered Krendler. It’s the Cabin Boy’s™ LOLsuit against Sarah Palmer and Eric Johnson for defamation, unlawful use of computer equipment, harassment, invasion of privacy, intentional infliction of emotional distress, and mopery with intent to lurk. We’re waiting for the judge to rule on the motion to dismiss.

Stay tuned.

Tout se déroule comme je l’ai prévu.

Team Kimberlin Post of the Day


Last week didn’t work out well for Team Kimberlin.

On Monday, I filed my reply to the The Dread Pro-Se Kimberlin’s opposition to my motion to strike his improper use of confidential discovery from the Kimberlin v. Frey RICO Remnant LOLsuit in the Hoge v. Kimberlin, et al. suit. I filed an opposition to the Kimberlins’ motion to have Hoge v. Kimberlin, et al. declared to be a SLAPP suit. Also on Monday, the returns of service of process for Almighty Media and Breitbart Unmasked hit the Hoge v. Kimberlin, et al. docket, so those parties are now served.

On Tuesday, Judge Hazel issued an Order in the RICO Remnant LOLsuit. He denied TDPK’s request for a interlocutory appeal and basically told him to get a move on. The judge denied my request for a modification of that case’s protective order as unnecessary, but he granted my motion to seal the evidence related to my request, in effect confirming that the emails in question were confidential discovery which TDPK should not have used in the Hoge v. Kimberlin, et al. lawsuit.

On Wednesday, I filed a reply to the Kimberlins opposition to my motion to strike another one of their improper filings. Also, the Kimberlins filed a reply to my opposition to their vexatious litigant motion, but the big joke of the day was TDPK’s notice the he was going to file an appeal of the dismissal of his LOLsuit against Senators McConnell and Grassley for failure to take up the current nomination to the Supreme Court.

On Thursday, Judge Hecker denied the Cabin Boy’s™ motion to dismiss in the Hoge v. Kimberlin, et al. lawsuit.

On Friday, Judge Bennett’s correction of the record in LOLsuit V: The Final in Maryland amending his order to strike the Cabin Boy’s™ claim that no one had answered his LOLsuit came to my attention, and I published a copy. Also, I filed a request for orders of default against Brett and Tetyana Kimberlin because they failed to file a proper answer to my complaint in the Hoge v. Kimberlin, et al. suit within the 30 days allowed.

There are some other interesting deadlines approaching.

Stay tuned.

Team Kimberlin Post of the Day


Over past few weeks, The Dread Pro-Se Kimberlin’s court filings have begun to show a decreasing connection to reality. It’s become obvious that panic is setting in.

It should.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


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.

Team Kimberlin Post of the Day


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.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin’s pathetic attempt at virtue signaling by suing Senators McConnell and Grassley is doomed. As Aaron Walker has pointed out, Kimberlin lacks standing and the issue is not ripe.

Further, his chance at controlling the narrative surrounding the case has been impaired by failing to announce the suit via his own channels such as the Justice Through Music Project or VelvetRevolution.US websites or Breitbart Unmasked Bunny Boy Unread. The story broke here on Hogewash! and has been retweeted by bloggers and blogs such as Popehat and Legal Insurrection. We control the vertical and the horizontal—and the audio too.

I believe TDPK will be very unhappy with the fallout from this LOLsuit.