Team Kimberlin Post of the Day

Qapala’ is the Klingon word meaning success. This post from seven years ago today was titled Qapla’: #BrettKimberlin’s Motion for a New Trial Denied.

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This has been posted in the Maryland Judiciary Case Search data base docket for the Kimberlin v. Walker, et al. nuisance lawsuit.NewTrialDenied

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Of course, Kimberlin has been successful in one sense—he’s maintained a perfect 0.000 average in his lawfare since 2012.

Team Kimberlin Post of the Day

Brett Kimberlin fancies himself as being on the very high end of the intelligence scale. The TKPOTD for five years ago today dealt with on his more stupid lies.

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Not only is The Dread Pro-Se Kimberlin a bad liar, he’s a stupid one. He included this whopper in his appeal in the Maryland Court of Special Appeals of the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit.

It’s trivially easy to show that he misrepresented what happened in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit in federal court. A quick check of the online docket of that case in PACER shows that I filed a reply to TDPK’s “Omnibus Opposition” to the motions to dismiss from the multiple defendants. The following appears near the bottom of page 2 of my reply (ECF No. 236)—The Gentle Reader can click here to read my reply and see that I spent three pages dealing with TDPK’s failure to respond to the points related to res judicata I raised in my motion to dismiss. Not only did I raise res judicata in the federal case, I pounded the point heavily.

Why did Kimberlin make such a transparently false claim? Did he think that I wouldn’t remember raising res judicata in the federal case? Did he think that I wouldn’t provide copies of my federal filings to my counsel and the other appellees in the case? Did he think he wouldn’t get called out in one or more of our reply briefs? Has he never seen a picture of one those coffee mugs?

Moreover, he’s wrong on the law. Some defenses are waived if they are not raised in the answer to a lawsuit. However, neither the RICO Madness LOLsuit nor any of TDPK’s subsequent lawfare made it past motions to dismiss, so none of them had to be answered. None of the cases progressed far enough for a defense to have been waived, so it doesn’t matter whether any defendant raised res judicata in the federal case at the motion to dismiss stage. Thus, Kimberlin has been caught telling a needless lie that wouldn’t have supported his appeal if it had been true.

#StupidIsAsStupidDoes

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He should have stuck to peddling these briefs.

Team Kimberlin Post of the Day

Eight years ago today, Brett Kimberlin improper served an faulty version of the Second Amended Complaint in the Kimberlin v. Walker, et al. on my lawyer. I published it here at Hogewash!. This is an excerpt from the comments. It came in after I had announced receiving the amended complaint but before I got it posted—Yeah, popcorn. Orville Redenbacher certainly has profited from the Team Kimberlin LOLsuits.

Team Kimberlin Post of the Day

One of the lies that Brett Kimberlin included in several of his court filings was that I created the Everybody Blog About The Howard County State’s Attorney’s Office Day in order to harass that office. Even if his claim had been true, it had nothing to do with any of actual claims in any of his LOLsuits. Indeed, when he tried to bring the matter up during the Kimberlin v. Walker, et al. trial, Judge Johnson granted my lawyer’s objection and told Kimberlin it had nothing to do with that case. I posted A Clarification of #BlogHoCoSAO nine years ago today.

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While the triggering events that brought about the idea for the Everyone Blog About the Howard County State’s Attorney’s Office blogburst on 8 April had to do with the antics of Team Kimberlin, the event itself has nothing to do with them per se. Rather, it is about the apparent unwillingness of law enforcement in that county to do it’s job.

If you’re so concerned for your safety, stay out of Maryland

and,

Stay off the Internet if you don’t want to be harassed.

seem like irresponsible things for a prosecutor to say. A resident of Virginia such as Mrs. Walker should be able to travel to Maryland and enjoy the equal protection of our laws. (I say, “our laws,” because I’m a resident of Maryland.) Of course, that may be what she was receiving. Given some of the things that have happened over the past few weeks, it’s not unreasonable to wonder whether a Maryland resident would not have received similar treatment.

Similarly, it is unreasonable to suggest that someone must stay off the Internet in order to avoid harassment. The web is this century’s equivalent of the public square. The sort of vile behavior that the Stranahan and Walker families have suffered would not have been allowed in a public space by our grandparents. Why is it permissible in the public space of the Internet today? But, again, given what’s been happening in Howard County over the past few weeks, it’s not an off-the-wall to question to ask whether a local resident would have been treated any differently than these families from Texas and Virginia.

So I encourage folks to contact Howard County State’s Attorney Dario J. Broccolino and ask the sort of questions suggested here, and I encourage bloggers and blog commenters to post and tweet their findings and commentary on 8 April.

I look forward to seeing how the blogosphere will cover this issue.

I’ll stay tuned.

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BTW, the Assistant State’s Attorney who treated the Walker’s so poorly latter tried to become a judge in Maryland. The governor appointed someone else.

Team Kimberlin Post of the Day

The TKPOTD for seven years ago today dealt with one of the times Brett Kimberlin was caught lying to a judge in court.

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Brett Kimberlin has admitted to forging court documents. This exchange occurred last April between Kimberlin and Judge Ryon in the Kimberlin v. Walker, et al. nuisance suit. It deals with Certified Mail green card that supposedly verified service to Ali Akbar. The Gentle Reader may notice the PACER caption at the page break. This because the same card was also used to try to verify service in the Kimberlin v. The Universe, et al. RICO Madness.ECF 124-p2He’s bad liar and a bad forger.

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Moveover, Kimberlin is a loser.

Team Kimberlin Post of the Day

The TKPOTD for five years ago today cited another instance of Brett Kimberlin’s incompetence as a litigator.

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Let’s keep going with the theme of The Dread Pro-Se Kimberlin’s incompetence in the courtroom. This example is from his direct examination of Ali Akbar who he called as a plaintiff’s witness in the Kimberlin v. Walker, et al. LOLsuit. During the exchange, Judge Johnson obliquely reminds TDPK of one of the golden rules of lawyering: Don’t ask a witness a question that you don’t know the answer to.

MR. KIMBERLIN: Have you ever raised through the National Bloggers Club or Bomber Sues Bloggers dot org any money for any purpose to deal with me, my name or any of these legal issues?

MR. AKBAR: I’d like to answer no, but clarify, if I may? We’ve raised relief funds for bloggers who have lost their jobs; families who have been attacked. Families like mine, my mother and my brother have been attacked by your blog Breitbartunmasked dot com and we’ve —

MR. KIMBERLIN: I object. I object.

MR. AKBAR: And we’ve raised relief money —

THE COURT: Well it’s your question. You wanted to know had he raised any money —

MR. KIMBERLIN: Well he said my blog. I don’t have a blog.

MR. AKBAR: Breitbartunmasked dot com.

THE COURT: You can’t, if you think you’re not going to like the answer don’t ask the question. You asked him if he raised money surrounding your name.

MR. KIMBERLIN: Your Honor, I’m just saying he’s making a statement that’s false.

MR. AKBAR: So no, we haven’t raised any money you know, for people to blog about you, to attack you or anything.

Even if TDPK had liked Ali’s answer, it wouldn’t have been admissible as evidence because it dealt with actions taken after the LOLsuit had been filed.

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Stacy McCain, my podcasting partner and codependent in that case, refers to Kimberlin as The World’s Worst Pro Se Litigant™.

Team Kimberlin Post of the Day

Team Kimberlin lost all of their LOLsuits through complete and utter incompetence. Indeed, only one of the cases made it to trial, and Brett Kimberlin asked questions that helped the defendants show that he had no case. This exchange with Aaron Walker was one of my favorites.

MR. KIMBERLIN: Okay, now when you call me a pedophile repeatedly —

MR. WALKER: Uh-huh.

MR. KIMBERLIN: You must have some basis for that. Tell me what you tell the jury why you know, why you think that’s true? And where is the truth, where is the evidence?

MR. WLAKER: Okay, well it’s a number of different things. First of all I read Mark Singer’s book on Citizen K, the authorized —

MR. KIMBERLIN: Your Honor, first of all —

THE COURT: It’s your question.

MR. KIMBERLIN: I understand.

THE COURT: You asked the question.

MR. KIMBERLIN: I understand.

Go ahead.

MR. WALKER: And in that book it discusses how you had a very questionable relationship with a young girl. He identifies her as Jessica Barton. Her real name I have since learned is [redacted]. She was 10 years old when you came into her life according to Singer. And it also, by the way, this is backed up by Indianapolis Star newspaper articles I’ve also read. She was 10 years old when she came into your life. She was 14 years old when you left it, I think I understand when you were arrested for the series of bombings you committed and you were convicted of.

I couldn’t have made that up no matter how hard I tried.

Team Kimberlin Post of the Day

It was a long, hard slog dealing with Brett Kimberlin’s lawfare. The TKPOTD for eight years ago today dealt with one minor running in the defendants’ favor in the first of the LOLsuits.

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The Gentle Reader who has been following The Saga of The Dread Pirate Pro-Se Kimberlin for a while may remember that TDPK got his panties in a knot when Aaron Walker filed a memorandum in support of Kimberlin Unmasked in the Kimberlin v. Walker, et al. nuisance lawsuit. TDPK filed a motion to have the memorandum stricken from the record. His motion was denied last Friday.380966V-92Now, if I were a “reporter” like the Cabin Boy™, I would spin this as a great legal victory and proof that the other side’s case is headed off a cliff. But I’m “just a blogger,” so all I’ll say it that in the normal ups an downs of a lawsuit the good guys came out ahead on this one. We’re still a long way from shutting down TDPK’s attack on our First Amendment rights.

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I’m not done with him yet.

Team Kimberlin Post of the Day

Brett Kimberlin tried to use the discovery phase of the two cases that got past motions to dismiss (Kimberlin v. Walker, et al. and Kimberlin v. Frey) as fishing expeditions to dig up dirt on his adversaries. He pretty much failed in both cases. Of course, he was very uncooperative with discovery in the cases brought agains him. The TKPOTD for five years ago today dealt with his answers to interrogatories in the Hoge v. Kimberlin, et al. suit.

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This came in the mail on Thursday.

Because I believe that discovery is best kept confidential to the greatest extent possible, I’ve redacted the answers to interrogatories which The Dread Pro-Se Kimberlin attached. I don’t intend to make any further public statement concerning this matter prior to the court’s ruling on the contempt hearing that has been ordered—except to note that the answers provided are still incomplete.

Murum aries attigit.

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Now that case is several years old, I might as well publish the questions the court ordered Kimberlin to answer and his answers. As noted above, they are incomplete. They are also deceptive.

He didn’t think through his answers very well.

Interrogatory 5. There are no written documents authorizing the use of the assets of a 501(c)3 to pay for the personal legal expenses of one of its officers. Really? Hmmmm.

Interrogatory 6. No mention is made of the use of a Justice Though Music Project check to pay a filing fee in the RICO Madness civil case in which I was a defendant. I have a copy of the receipt which is also available on PACER.

Interrogatory 7. A fair answer.

Interrogatory 8. I have evidence which suggest the answer is incomplete. I will also note that as a result of contacts made with NASA, a criminal investigation was opened of which I was not the target.

Interrogatory 9. I have evidence suggesting that this answer is false.

And in other breaking news, Perjurers tell lies.

 

Team Kimberlin Post of the Day

Yesterday’s TKPOTD was from seven years ago and dealt with Brett Kimberlin’s continuing inability to properly frame a cause of action for his LOLsuits. Today’s TKPOTD also reaches back seven years. It deals with one of the reasons why Kimberlin should have known he had to plead with particularity by the time he got the his later cases.

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In yesterday’s TKPOD I quoted The Dread Pro-Se Kimberlin’s inadvertent admission that he has no case in the Kimberlin v. The Universe, et al. RICO Madness.ECF 249-p12This is not the first time TDPK has run aground on the shoals of particularity. During the first day of the Kimberlin v. Walker, et al. nuisance lawsuit trial, Judge Johnson explained the requirement to him.BKvAWday1p44_45 The Gentle Reader may remember that TDPK lost that trial via a directed verdict in favor of the defendants because he could not produce a “scintilla” of evidence to support his case.

The Walker, et al. case was a walk in the park compared to what will be coming Kimberlin’s way if the RICO Madness survives the motions to dismiss. There will be discovery, and it will be more interestingly focused. There will be depositions. There will likely be counterclaims. Parties may be added as counterclaim defendants.

Of course, TDPK could come to his senses and dismiss the suit. There is still time. The ram has not yet touched the wall.

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Pigheaded? Stupid? Or Both?

Team Kimberlin Post of the Day

It has been interesting to watch how Team Kimberlin has had to change the lies they’ve told as their various narratives have spun out of control. This post from eight years ago today to note of A Change in Attitude from Bill Schmalfeldt.

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Just a few days ago, Bill Schmalfeldt was in full concern troll mode because the defendants in the Kimberlin v. Walker, et al. lawsuit and Kimberlin v. The Universe, et al. RICO Madness were wasting time dealing with the Cabin Boy rather than focusing on the real danger facing us. Now, he’s whining because so many of those defendants have filed timely responses to The Dread Pro-Se Kimberlin’s lawsuits, causing TDPK to have to answer those filings on a schedule that he set in place back in October.

As I’ve noted before, the expression “hoist on his own petard” initially referred to a sapper being blown up by his own explosive charge, and it seems to fit this situation quite nicely.

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The whole lawfare scheme did kinda blew up in Kimberlin’s face.

Team Kimberlin Post of the Day

Seven years ago today, the TKPOTD examined how Brett Kimberlin’s projecting his own motivations on other people caused problems in his LOLsuits.

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One of the ideas that The Dread Pro-Se Kimberlin won’t let go of is that I have been using the National Bloggers Club to raise money for myself or that I have been one of the major funders of the National Bloggers Club or both at the same time. This exchange is from TDPK’s examination of me during the trial for the Kimberlin v. Walker, et al. nuisance lawsuit.

MR. KIMBERLIN: So have you ever received any money, any funds at all from the National Bloggers Club?

MR. HOGE: No.

MR. KIMBERLIN: Have you ever given money to the National Bloggers Club?

MR. OSTRONIC: Objection.

THE COURT: Sustained.

MR. KIMBERLIN: No further questions.

My answer under oath to the second question would have been “No.”

popcorn4bkKimberlin’s projection of his motivations and methods on to others has made it impossible for him to see what his opponents are really doing. While I’m pleased that Hogewash! now generates enough cash flow to pay its own way, its pre-tax profit is probably less than 5 % of my adjusted gross income. TDPK misunderstands what motivates people like me, and that’s one of the reasons why he is doomed to lose at lawfare.

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Reality is not Brett Kimberlin’s ally.

Team Kimberlin Post of the Day

When Bill Schmalfeldt wasn’t predicting the direst of dire direness would overwhelm Team Kimberlin’s adversaries, Matt Osborne would serve as their false prophet. Eight years ago today, I wrote about Osborne (using the nom de cyber of Xenophon) channeling The Amazing Criswell and Criswell’s Weather Forecasts.

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Breitbart Unmasked (No, I won’t link to it.) has an occasional feature in which Xenophon channels The Amazing Criswell while making predictions. It turns out to be an apt choice because the predictions are usually as spectacularly wrong as the real Criswell’s.

Last weekend’s forecast was for

Clouds of butthurt have limited visibility in the Carroll County, Maryland area. Expect drizzles of stupid all weekend, with sunny skies due to arrive by Monday afternoon.

It turned out that all the butthurt wound up centered on Elkridge, Maryland, which is in Howard County, although things were sunny here in Westminster.

I wonder if Criswell foresees the blizzard of paper about to descend on Bethesda, Maryland?

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The Dread Deadbeat Pro-Se Kimberlin was buried with legal paperwork during the holidays that year because of timing set by when he filed his LOLsuits.

Team Kimberlin Post of the Day

Brett Kimberlin routinely filled his court filings with extraneous material, possibly because doing so allowed them to say things he imagined made his enemies look bad in a privileged environment. The TKPOTD for seven years ago today was about one such silly claim he made.

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One of the reasons that The Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness ran way over the 50-page limit established by the Court’s Local Rule is that he include a lot of extraneous material that doesn’t support his case. Consider this:ECF 135-33TDPK never explains how anything Team Themis might have done is in anyway connected with any defendant in the RICO Madness. If he could prove that any tortuous conduct occurred, he should sue Team Themis, the U. S. Chamber of Commerce, and the FBI. Not us.

However, since he brings up the subject, take a look at the list of “targets.” Brett Kimberlin and Brad Friedman are the co-founders of Velvet Revolution US, and Friedman is one of its directors. Justice Through Music and Velvet Revolution are the two not-for-profits that provide Kimberlin his day-to-day employment. Stop the Chamber is a fund raising activity operating under the wing of Velvet Revolution.

Hmmmm

Meanwhile, the timer is ticking down on TDPK’s omnibus opposition to the motions to dismiss the RICO Madness. It’s due two weeks from tomorrow.

The contest to spot TDPK’s truly magnificent error in his motion for a new trial in the Kimberlin v. Walker, et al. case is still running. There have been some great entries, but no one has found what Aaron Walker noticed. Yet.

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res_judicata_mugsAs I type this post, I’m drinking Irish coffee out a the mug that no one won in that contest.

None of the Gentle Readers picked up on the fatal flaw in Kimberlin’s case.

It’s really quite simple. In order for a statement to be defamatory, it must be false. Although Kimberlin kept saying that it was defamatory to call him a pedophile, he never once said that he was not a pedophile.

Was he afraid of perjury trap?

Team Kimberlin Post of the Day

Brett Kimberlin is truly an incompetent litigator. Here’s a selection from the Kimberlin v. Walker, et al. trial transcript where he asks Aaron Walker a question which undermines one of the bases for Kimberlin’s defamation claim against Aaron.Yep, he really asked that question.

Team Kimberlin Post of the Day

Brett Kimberlin has complained that I have treated him callously. No, really. He said so in a court filing referenced in the TKPOTD from seven years ago today.

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The Dread Pro-Se Kimberlin has been amazingly slipshod in his court filing. This is from his opposition to my motion to dismiss his first amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 29-55_36The sharp-eyed Gentle Reader will notice the TDPK appears to have suffered a moment of mathematical challenge when he numbered the paragraphs in his opposition. As for the callousness of my argument, I simply pointed out that Kimberlin didn’t bother to allege any of the actual elements of the tort of intentional infliction of emotional distress in his complaint.

He also failed to do so in the state Kimberlin v. Walker, et al. nuisance lawsuit. Here’s how our lawyer Patrick Ostronic explained the deficiency to Judge McGann during the 1 July hearing on motions for summary judgment in the state case.380966V_1JUL_p41And here’s how Judge McGann ruled.380966V_1JUL_p51That means that the judge found that, given the facts in evidence about which there was no dispute, we defendants were entitled to a summary judgment in our favor as a matter of law.

popcorn4bkSo was it callous of me to point out that essentially the same set of allegations in the RICO Madness as were found in the state case have the same problems? Perhaps, but no more so that TDPK’s filing a bogus and vexatious lawsuit.

Stay tuned.

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I’ve never been callous enough to sue a stroke victim who couldn’t defend herself.

Team Kimberlin Post of the Day

This Prevarication Du Jour dealt with one of the many false forecasts of the direst of dire direness looming ahead for the defendants on the first of Brett Kimberlin’s LOLsuits. It first ran eight years ago today.

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ftrrnews201310111937ZCutting my own deal am I? Well, Gentle Reader, I did offer Brett Kimberlin a cheap way out of his Kimberlin v. Walker, et al. lawsuit. He opted not to settle, so my lawyer has filed an answer to his complaint.

I have no intention of conducting my defense of the suit on the Internet, but items filed as part of the court docket become public documents unless they are sealed. Since anyone who goes to the courthouse can get a copy of a docket item for fifty cents per page and since the truth is on my side, I will, at least for the time being, post my filings to save folks the trip. I’ll delay the postings to allow time for any other party to receive service before anything appears online.

I do not plan to have any comments on filings when I post them. To do so could give away information on my counsel’s legal strategy which would be useful to the other side.

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He really should have taken my settlement offer.

Team Kimberlin Post of the Day

Back in October, 2013, Brett Kimberlin’s lawfare campaign against me was just getting started. He had filed one false criminal complaint which had been declined for lack of evidence and had just filed the first of his vexatious LOLsuits. Eight years ago today, I posted this report In Re Kimberlin v. Walker, et al.

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My morning was spent in a strategy meeting with my pro bono local counsel for the Kimberlin v. Walker, et al. lawsuit. All the filings necessary at this stage should be delivered to the court before the due date. I have no further comment on the suit for now—except to say there may be interesting news over the next couple of weeks and that my offer to settle the matter for a payment to me of $1,000,000 remains on the table until my lawyer files his appearance on my behalf with the court.

Stay tuned.

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Kimberlin would have been much better off if he’d taken me up on that settlement offer.

Team Kimberlin Post of the Day

The Bonus Team Kimberlin Post of the Day for seven years ago today is an excellent summary of why The Dread Deadbeat Pro-Se Kimberlin’s lawfare has failed.

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After two days of trial and enough words to consume over 400 pages of transcript, The Dread Pro-Se Kimberlin’s vexatious Kimberlin v. Walker, et al. lawsuit boiled down to this one sentence finding by Judge Johnson:

There’s not one scintilla of evidence in this case that the statements that were made by these individuals were false.

Res judicata. Collateral estoppel. They should both apply to the Kimberlin v. The Universe, et al. RCIO Madness.

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Loser.

Team Kimberlin Post of the Day

The TKPOTD for seven years ago today showcased a couple of examples of Brett Kimberlin’s incompetence as a litigator.

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Witness impeachment is the process of calling into question the credibility of an individual who is testifying in a trial. A party may impeach a witness by cross-examining the witness about facts which reflect poorly on the witness’s credibility. One does not impeach one’s own witnesses on direct examination—unless, of course, you are The Dread Pro-Se Kimberlin. This is from his direct examination of Ali Akbar during the Kimberlin v. Walker, et al. trial.

MR. KIMBERLIN: Mr. Akbar, have you ever been convicted of a felony?

MR. AKBAR: Yes.

MR. OSTRONIC: Objection.

THE COURT: Sustained.

MR. KIMBERLIN: Your honor, I believe it goes to his honesty.

MR. AKBAR: Going to impeach me?

THE COURT: Well —

MR. OSTRONIC: You called the witness.

THE COURT: What are you impeaching him for? It’s your witness. You’re calling your own witness and impeaching him?

I’m not making this up. TDPK expected to use Ali Akbar’s testimony to get evidence into the record after attempting to impeach him as an unreliable witness. Go figure.

I’ve mentioned in an earlier post that one of the basic rules of examining a witness in court is to never ask a question unless you know what the answer will be. TDPK repeatedly violated that rule.

MR. KIMBERLIN: I’m not asking you to give me a mission statement. I’m asking you —

MR. AKBAR: All right. What was the question again?

MR. KIMBERLIN: — a simple question. You know — have you ever raised, through the National Bloggers Club, or Bomber Sues Bloggers, or Rally.org, any money for any purpose to deal with me, my name, or any of these legal issues?

MR. AKBAR: I’d like to answer no, but clarify, if I may. We’ve raised relief funds for bloggers who have lost their jobs, families who have been attacked, families like mine. My mother and my brother have been attacked by your blog, BreitbartUnmasked.com, and —

MR. KIMBERLIN: I object. I object.

MR. AKBAR: — we’ve raised money. We’ve raised relief money.

THE COURT: Well, this is your question. You wanted to know if he raised any money —

MR. KIMBERLIN: Well, but he’s saying it’s my blog. I didn’t have a blog.

MR. AKBAR: Breitbartunmasked.com.

THE COURT: You can’t — if you think you’re not going to like the answer, don’t ask the question. You asked him if he’d raised the money —

MR. KIMBERLIN: Your honor, I’m just saying, you know, he’s making a statement that’s false.

Accuse the accuser.

So TDPK has said that Breitbart Unmasked isn’t his blog. We’ll see about that.

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It’s now fairly well established that Brett Kimberlin exercises effective control over the now fallow Breitbart Unmasked website. I supposed we shouldn’t be surprised when a perjurer tells a lie.

Team Kimberlin Post of the Day

The one time Brett Kimberlin actually got one of his LOLsuits against me all the way to trial, he tried to use my codefendants, Aaron Walker, Ali Alexander, and Stacy McCain, and me as his witnesses to prove his case. That didn’t go well, and the TKPOTD for seven years ago today dealt with part of the exchange with Stacy McCain.

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Here’s another bit of bumbling from The Dread Pro-Se Kimberlin’s direct examination of Stacy McCain during the Kimberlin v. Walker, et al. trial.

MR. KIMBERLIN: Okay. And then did you also tweet that “Perhaps Pat Stranahan and that WJJ Hoge can communicate facts to hired liar Monica Hess”?
MR. MCCAIN: Did I tweet that? Are you showing me a tweet? Okay, let me state for the record that this is not — this is — what this is from — can I make the point this is from the site Breitbart Unmasked. Do you agree?
MR. KIMBERLIN: I’m just asking you a simple question —
MR. MCCAIN: No. No. You’re showing me something from another site that you are accused of owning.
MR. KIMBERLIN: No. I’m asking a simple question. Did you tweet —
MR. OSTRONIC: Your honor, I’ll object. It’s an unauthenticated document.
THE COURT: Sustained.
MR. KIMBERLIN: No further questions for this witness.

It is downright foolish to attempt to outcrazy Stacy McCain.

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Kimberlin had already filed his RICO Madness LOLsuit which included Stacy as one of the defendants by the time the Kimberlin v. Walker, et al. case came to trial. His subsequent LOLsuits were filed after that trial, and Kimberlin never again tried to sue Stacy McCain.

Team Kimberlin Post of the Day

By this time in 2013, Brett Kimberlin has already filed a false criminal complaint against me and seen it dropped for lack of evidence and he had filed the first of the four LOLsuits he brought against me. The TKPOTD for eight years ago tried to warn him about messing with me.

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Brett Kimberlin has a history of trying to use the court system to silence those who he perceives as his enemies, and one sure-fire way to get on his enemies list is to publish the truth about his past or his current activities. His latest bit of lawfare names me along with four other bloggers as a defendant. Gentle Reader, please allow me to make the following points.

1. The case will be disposed of through the courts not the Internet.

2.  Unless advised to do so by my lawyers, I will make no public comments about any pending matter in the case.

3. Tactically, suing me is a dumb move on Kimberlin’s part. He will find that I now have a reason to focus more of my attention on him.

orvilleredenbacher4. Strategically, suing me is an even dumber move. He will now either answer my discovery interrogatories and admissions and produce the documents I seek, or he will have to explain to the court why his suit should not be dismissed.

Click here to buy more popcorn from Amazon.

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Kimberlin sold a lot of popcorn for Orville Redenbacher, and the link above still works.

Team Kimberlin Post of the Day

Here’s the TKPOTD from seven years ago today. It deals with one of the most disgusting episodes in The Saga of The Dread Deadbeat Pirate Pro-Se Kimberlin.

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I’ve been listening to the courtroom audio recordings as part of my preparation for the next part of my Kimberlin v. Walker, et al. in Review series. Since those recording are used to product the trial transcript, they include the conversations between the judge and counsels at the bench. I could not hear them in the courtroom because a noise source is turned on by the judge to mask the conversations. Thursday evening was the first time that I became aware of the following:

Brett Kimberlin called his older daughter as a witness. He did so at the end of the presentation of his case. He tried to do so as his first witness, but our lawyer objected. During the interchange at the bench, The Dread Pro-Se Kimberlin said that he wanted her to testify to various things which the judge felt were inadmissible because her testimony would be hearsay. TDPK also said he wanted her to testify to the fact that he had not done anything untoward with her. That would have been admissible, but my lawyer agreed that we would stipulate that so there was no reason for her to be called. During the conference at the bench, Judge Johnson remarked,

To put your 15 year old daughter—talk about —talk about harm—to put a 15 year old kid in a courtroom in front of a jury and ask her questions about pedophilia!

Just before he called her, the judge called the counsel up to the bench and tried one more time to dissuade TDPK from calling his daughter.

THE COURT: You know the witness you really need?

KIMBERLIN: Huh?

THE COURT: Is your wife here?

KIMBERLIN: She’s, she’s packing. We’re leaving on vacation tomorrow—

THE COURT: Is she gonna testify? See, that’s —if she were going to testify, that would be one thing, but a 15 year old?

TDPK put her on the stand any way.

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I have no words adequate to express my contempt.

Team Kimberlin Post of the Day

It was seven years ago yesterday, that Brett Kimberlin lost his first of four defamation LOLsuits he filed against me. Seven years ago today, I ran this post about other bloggers’ Kimberlin v. Walker, et al. Wrap Up Posts.

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Popehat: here and here

The Other McCain: here

Patterico’s Pontifications: here

Legal Insurrection: here

Breitbart Unmasked: [crickets]

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I’m very thankful for the support my codefendants and I received from our fellow bloggers.

Oh, and given that Breitbart Unmasked Bunny Billy Boy Unread hasn’t had any new material posted for over two years, I don’t think we’ll ever see any of the coverage of the trail they had promised.

Team Kimberlin Post of the Day

Today is the seventh anniversary of the end of the Kimberlin v. Walker, et al. trial. After The Dread Deadbeat Pro-Se Kimberlin rested his case, Judge Johnson ruled that he hadn’t really presented one because he didn’t bother to offer evidence that any of the statements my codefendants and I had made were false. The suit alleged defamation and false light, and both torts require that the allegedly offending statements be false. We were granted a judgment in our favor. Kimberlin lost.

Judge Johnson was inclined to allow Kimberlin to testify in spite of the then current ban on perjurers’ testimony in Maryland. Kimberlin dodge a perjury trap when we didn’t have to put on our defense. Before the trial resumed, I posted an explanation of what Kimberlin would face on the witness stand: Can #BrettKimberlin Measure Up to Midgett?

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It is possible that The Dread Pro-Se Kimberlin may be allowed to offer some testimony during the Kimberlin v. Walker, et al. trial.

TDPK has refused to answer the interrogatories that Aaron Walker, Stacy McCain, and I have sent him as a part of discovery in the Kimberlin v. Walker, et al. nuisance lawsuit. One of the reasons he initially cited was his Fifth Amendment privilege against self incrimination.

In Midgett v. State, 223 Md. 282 (1960), the Maryland Court of Appeals ruled that there are limits to that privilege.

The bases for the rule are (i) that the witness has the right to determine whether or not to invoke the privilege, not that the rule is for the exclusion of unreliable evidence, and (ii) that the court must be in a position to determine whether the claim of privilege is in good faith or lacks any reasonable basis.

Id., 289. Thus, in order to invoke the privilege during the trial, TDPK will have to convince the judge that he will risk incriminating himself if he truthfully answers questions such as “How old was your wife when you married her?” or “If you have ever denied being sent back to prison for a parole violation in any court since January 1, 2010, explain the material circumstances for why you issued such a denial while under oath.”

Hmmmm.

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He came out ahead by coming up short.