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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

Popehat: here and here

The Other McCain: here

Patterico’s Pontifications: here

Legal Insurrection: here

Breitbart Unmasked: [crickets]

* * * * *

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?

* * * * *

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.

* * * * *

He came out ahead by coming up short.

Team Kimberlin Post of the Day

11 August, 2014, was not a good day for Brett Kimberlin. It was the first day of the Kimberlin v. Walker, et al. nuisance LOLsuit, the first of the four defamation cases he filed against me. The day was taken up with preliminary motions, most of which went against Kimberlin, and jury selection.

Also, an order came down in the Kimberlin v. Kimberlin Unmasked copyright LOLsuit denying Kimberlin’s motion for a default judgment.

I reported on both cases, and the news of the order in the copyright case must have really bothered Kimberlin. That post received a comment with some Unfriendly Advice.

* * * * *

TK201408120026ZDon’t worry.RANGE_PHOTO

* * * * *

Of course, the next day was even worse for Kimberlin. We’ll reminisce about that day in court tomorrow.

Team Kimberlin Post of the Day

Throughout Brett Kimberlin’s career as a pro se litigant he has sought special treatment from the courts. His shenanigans finally caused a couple of courts to take notice. He got special treatment, but not the kind he was asking for. The usual practice in the Circuit Court for Montgomery County was to have whichever judge who was sitting on a particular day handle whatever pretrial motions were being considered that day. Thus, during the pretrial phase of the Kimberlin v. Walker, et al. nuisance LOLsuit, motions were heard by at least six different judges who were not able to hear the different tales Kimberlin was telling them. That changed with the RICO Retread LOLsuit, and all motions in that and all subsequent cases involving Kimberlin were heard by Judge Michael Mason. That judge also presided at the Walker v. Kimberlin, et al. trial.

The U. S. District Court for Maryland caught on the Kimberlin and began assigning all the case he filed to a single judge as well.

Having to appear before a judge who remembered Kimberlin’s previous statements in court really began to crimp Kimberlin’s style, so he tried to have Judge Mason removed from the RICO II Retread LOLsuit. Here’s the TKPOTD for five years ago today.

* * * * *

Last week, Judge Mason denied The Dread Pro-Se Kimberlin’s motion for a new judge in the RICO 2 Retread LOLsuit. Here’s the motion that TPDK filed and that the judge denied.

It’s pretty clear that TDPK is getting desperate.

* * * * *

Kimberlin has settle with a few of the defendants he’s sued since 2012, but he’s never won on the LOLsuits he’s filed since then.

Team Kimberlin Post of the Day

One of the ways that Brett Kimberlin’s campaign of pro se lawfare backfired was the problems he had with the discovery phase of the LOLsuits. The TKPOTD for seven years ago today dealt with some of the discovery questions he tried to evade.

* * * * *

Here are some other intriguing answers provided by The Dread Pro-Se Kimberlin to my Requests for Admissions in the Kimberlin v. Walker, et al. nuisance lawsuit.Admissions 40_43There’s computer forensic information linking TDPK to both the Breitbart Unmasked accounts. He was photographed outside of Bobby McKey’s on 14 March, 2013. There is eyewitness testimony placing him at CPAC this year.

Notice that he doesn’t deny any of these as he should if they weren’t true. Objecting because of irrelevance is a tacit admission that the statements are true.

* * * * *

It was fortunate for Kimberlin that the judge granted the defendants a direct verdict in our favor after Kimberlin rested his case. Otherwise, he would have had to deal with the defense we had prepared.

Team Kimberlin Post of the Day

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.

* * * * *

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?

* * * * *

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

Today is the ninth anniversary of Everybody Blog About Brett Kimberlin Day. One of my posts that day was Patterico Tells His Story.

* * * * *

Go read it.

* * * * *

While I hold the record for being the most sued defendant during Kimberlin’s lawfare campaign, Patterico endured the longes single case. It took 18 months for most of the Kimberlin v. National Bloggers Club, et al. (i) [aka Kimberlin v. The Universe, et al.] RICO Madness LOLsuit for be dismissed, but the remaining Kimberlin v. Frye RICO Retread LOLsuit took more than another two years to get to a summary judgment in Patterico’s favor.

Team Kimberlin Post of the Day

This post titled Electronic Harassment? ran six years ago today after Tetyana Kimberlin filed a false Application for Statement of Charges against me alleging that I had engaged in electronic harassment of her elder daughter. Brett Kimberlin has previously filed a bogus peace order petition against me on behalf of Tetyana’s daughter, but the petition had been denied in both the District and Circuit Courts. Kimberlin’s PR flack Bill Schmalfeldt announce the resulting criminal case.

* * * * *

@GrouchyOldLib201505211659ZI received a summons from the District Court in Rockville to appear on 2 July so that I can be served with a charging document and be advised of my rights. The summons states that there will be a preliminary inquiry and that I will be advised of a future date for a trial if probable cause is found that I may have committed whatever I’m charged with.

I do not plan to make any further substantive public comment on this matter until after I have seen the actual charging document(s) and reviewed them with counsel.

* * * * *

When the complaint for this was was filed, the appeal of the Kimberlin v. Walker, et al. case was still in process, the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness case had devolved into the Kimberlin v. Frey RICO Remnant case, and the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo and Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuits were still hadn’t been dismissed or gone to summary judgment. However, all those civil case were clearly going poorly for The Dread Deadbeat Pro-Se Kimberlin, so the fake criminal complaint was a last gasp attack on me.

Of course, it failed as did all his LOLsuits. Indeed, I never had to respond to the summons because the charge was dropped for lack of evidence before the date of the hearing.

Team Kimberlin Post of the Day

It should not be surprising when a convicted perjurer is caught lying. This Prevarication Du Jour from seven years ago today dealt with a whopper The Dread Deadbeat Perjurer Kimberlin included in a court paper filed in the Kimberlin v. Walker, et al. nuisance LOLsuit.

* * * * *

The Dread Pro-Se Kimberlin is seeking a preliminary injunction in the Maryland Kimberlin v. Walker, et al. nuisance lawsuit which would require us defendants to take down every post since 7 July, 2013, that mentions him. We defendants have filed oppositions to his motion, and TDPK has filed his reply to our oppositions. In his reply he cites comments on this blog as proof that the defendants are inciting violence against him.BKvAW2013Reply2PIOpp-3So there you have it. Comments on this blog are as intimidating as burning a cross on someone’s front lawn.

Acme Law at its finest.

* * * * *

Hogewash! is just a bush league blog, but it has a significantly greater web presence that all of the Team Kimberlin web outlets combined.

Brett Kimberlin’s grandiose schemes fail because of his delusions of adequacy.

Team Kimberlin Post of the Day

Team Kimberlin is a worked example of the saying that first-rate people hire first-rate people, and second-rate people hire third-rate people. The Prevarication Du Jour from seven years ago today show the caliber of the PR flacks Brett Kimberlin hired.

* * * * *

The Cabin Boy™ is hearing voices again.@ftr_r201402050146ZI did make a settlement offer to The Dread Pro-Se Kimberlin in the early stages of the Kimberlin v. Walker, et al. nuisance suit. I was willing to settle for a payment from him to me of one million dollars. That offer came off the table as soon as the clock ran out and I had to file a motion to dismiss.

I am the only one of the five defendants in that suit who was willing to settle, and I no longer am willing to do so. I suspect that before the dust settles, Brett Kimberlin will wish he had.

* * * * *

I suppose nonsense like that tweet was meant to create distrust and dissection among the codefendants in The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits. It didn’t work. Nothing in his lawfare campaign did. It was all a failure. His reputation wasn’t vindicated. A court found that it was so bad that he is defamation-proof.

I wonder if he has figured out that suing me was the worst legal mistake he’s made since he was paroled the second time.

 

Team Kimberlin Post of the Day

The recent  news from my home town Nashville reminded me of this TKPOTD that ran seven years ago today.

* * * * *

One wonders what they’re thinking over at Breitbart Unmasked? Of if there’re thinking? A few days ago, a post with Xenophon’s byline went up that attempted to appropriate the Acme Law theme that I’ve been using to describe the nonsensical legal theories behind Team Kimberlin’s lawfare and apply it to Aaron Walker’s recently filed memorandum in the Kimberlin v. Walker, et al. lawsuit. (That’s the suit against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me that accuses us of defaming The Dread Pro-Se Kimberlin by writing truthful things about him.)

Now, if Brett Kimberlin is known for anything, it’s for being convicted as the Speedway Bomber and for being the guy who lied about selling marijuana to Dan Quayle. So why, one wonders, would his propaganda website include this LooneyTunes clip in a post?

Yeah, the coyote is fiddling with nitroglycerin and TNT instead of Tovex, but still …

* * * * *

I’m not the only one who made a connection between the bombings.
Of course, the Speedway Bomber is an unlikely suspect because his M.O. never included warning potential victims.

Team Kimberlin Post of the Day

Here in Westminster, our weather forecast includes a little snow today and a significant snow storm on Wednesday. That reminds me of this Long-Range Forecast from six years ago today.

* * * * *

Periods of light snow today in Westminster.

To the south … Expect intermittent showers of paperwork in and around Bethesda with increasing frequency and significant accumulation of several inches over the next week. Blizzard conditions are possible.

* * * * *

Heh.

Team Kimberlin Post of the Day

One of the claims that Brett Kimberlin made against my codefendants and me in the Kimberlin v. Walker, et al. nuisance LOLsuit was that we had defamed him by calling him a pedophile. All of the defendants had expressed a belief that Kimberlin is a pedophile or stated that there was evidence for that to be a reasonable opinion. We based our opinions in part on a sworn criminal complaint filed by Kimberlin’s wife. During the Kimberlin v. Walker trial, Judge Johnson pointed out to Kimberlin that the witness he needed to show that our statements were false was his wife, but he didn’t bring her to court.

The TKPOTD from four years ago today explains why he kept her off the witness stand in 2014—something he wasn’t able to do in 2016.

* * * * *

The following question was asked and answered during the Walker v. Kimberlin, et al. trial after an extended discussion at the bench. Judge Mason allowed it over Brett Kimberlin’s objection because it could show that Aaron Walker had a reasonable basis for writing what he had written.

MR. WALKER: The question was: You first had sex with your husband before you turned fifteen. Correct?

MRS. KIMBERLIN: Yes.

* * * * *

When faced with the possibility of a perjury charge if she contradicted her previous sworn statement, Tetyana Kimberlin told the truth.

Team Kimberlin Post of the Day

One of the defining characteristics of Team Kimberlin has been their mouths writing checks that their asses couldn’t cash. This Bonus Prevarication Du Jour from seven years ago today offers an example.

* * * * *

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

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

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

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

* * * * *

Speaking of uncashed, or more accurately, unwritten, checks, The Dread Deadbeat Pro-Se Kimberlin still owes the sanctions and court costs taxed against him in several of his LOLsuits.

Team Kimberlin Post of the Day

Brett Kimberlin never should have gone after bloggers who were writing truthful things about him. He never should have sued blogger, especially me, for defamation. The TKPOTD for six years ago today outlines what he lost when the court threw out the Walker v. Kimberlin, et al. nuisance LOLsuit.

* * * * *

Most of The Dread Pro-Se Kimberlin’s vexatious Kimberlin v. Walker, et al. lawsuit died before the trial stated when Judge McGann threw out five of the seven counts in his complaint on summary judgment. During the trial, Judge Johnson found that TDPK hadn’t presented a “scintilla” of evidence to support the remaining defamation and false light counts and granted a directed verdict in favor of us defendants.

As a matter of law, we defendants now have findings on the merits that we did not engage in malicious prosecution against Brett Kimberlin, that we did not conspire to abuse process against Brett Kimberlin, that we did not defame Brett Kimberlin, that we did not engage in false light invasion of Brett Kimberlin’s privacy, that we did not harass Brett Kimberlin, that we did not intentional inflict emotional distress on Brett Kimberlin, and that that we did not stalk Brett Kimberlin. The claims made by Brett Kimberlin were found to have no basis in fact. That includes the following allegations specifically made in his second amended complaint:

• There is no evidence for his claim that he was assaulted by Aaron Walker.
• There is no evidence for his claim that Aaron Walker or I suborned perjury from Tetyana Kimberlin.
• There is no evidence for his claim that Tetyana Kimberlin’s accusation against him of third degree sexual offense was false.

Furthermore, the court ruled that we did not defame TDPK or place him in a false light when we said or wrote the following things about which he complained in his suit:

• That he caused Aaron Walker to be fired from his job.
• That any of us believe he is a pedophile.
• That he has used mentally abusive tactics against his wife.
• That he is evil.
• That he is a misogynist.
• And all the other things he cited in his second amended complaint.

TDPK’s very own false narrative has been gutted. It’s now roadkill, lying open for all to see. It isn’t pretty. But lies never are when you see them for what they are.

Meanwhile, TDPK has his omnibus answer to all the motions to dismiss in the Kimberlin v. The Universe, et al. RICO Madness due on 15 October.

Everything is proceeding as I have foreseen.

* * * * *

Kimberlin is a slow learner. He kept suing bloggers, including me. I argued in subsequent suits that his reputation was so poor because of his history as a serial bomber that it was impossible to defame him, so he had no grounds to sue for defamation. Eventually, one of the courts agreed with me. It granted defendants dismissal for Kimberlin’ failure to state a claim upon which relief could be granted because his reputation made him defamation proof.

It appears that Kimberlin has refrained from further litigation since his Kimberlin v. Breitbart Holdings, et al. RIOC 3 LOLsuit was dismissed, but he’s found other project to fail at. He failed in his election protection activities in 2016. He got scammed out of $9,000 when the dirt he thought he was buying on the Trump administration turned out to be bogus. And it’s been over a week since his @itstime_2020 account had a fresh tweet or picked up a follower. It still only has 2.

Failing failures gotta fail.

Team Kimberlin Post of the Day

Brett Kimberlin’s LOLsuits have failed because he has never been able to put together a logical argument that he has suffered any injury from truthful report about hime, his associates, and their activities. He’s had particular difficulty understanding what is admissible under the Rules of Evidence. The TKPOTD from six years ago today deals with one of the many times he was stopped by the judge enforcing those rules during the Kimberlin v. Walker, et al. trial.

* * * * *

It was pretty obvious from the load of … ah … junk he gave us in discovery for the Kimberlin v. Walker, et al. nuisance lawsuit that The Dread Pro-Se Kimberlin didn’t understand the rules of evidence or how to properly structure his case. He proved both during the trial. For example, consider this question he was never able to ask of Stacy McCain because it dealt with hearsay.

MR. KIMBERLIN: So do you know what the Southern Poverty Law Center is?

MR. OSTRONIC: Objection Your Honor.

THE COURT: What does the Southern Poverty Law Center have to do with this case?

MR. KIMBERLIN: Well Mr. McCain has —

THE COURT: The Southern Poverty Law Center, what does that have to do with this case?

MR. KIMBERLIN: Mr. McCain is considered a neo-confederate — is one —

MR. OSTRONIC: Objection, Your Honor.

THE COURT: Well —

MR. KIMBERLIN: And the Southern Poverty Law Center

MR. OSTRONIC: Objection, Your Honor.

THE COURT: Hold on a second. Counsel I appreciate you objecting to my question but I’m not going to overrule myself. That’s not something I do. So what does the Southern Poverty Law Center have to do with this case? I’m not asking you about Mr. McCain, I’m asking you about why are you asking him about the Southern Poverty Law Center?

MR. KIMBERLIN: I’m asking him the Southern Poverty Law Center is the leading, one of the leading civil rights organizations in the —

THE COURT: I understand all of that but what does it have to do with this case?

MR. KIMBERLIN: Because —

THE COURT: And the claim that you are making against these gentlemen?

MR. KIMBERLIN: Because Southern Poverty Law Center regularly outs racists —

MR. OSTRONIC: Objection.

THE COURT: So what if they do. What does that have to do with this case? This case isn’t about racists or racism.

MR. KIMBERLIN: It’s about hate. It’s about hate. These people hate me and they do anything to destroy me.

THE COURT: Well but why are you asking this witness about the Southern Poverty Law Center? First of all he couldn’t testify as to anything they said or did because it wouldn’t be an exception to any hearsay rule. So you would never be able to get that in evidence anyway.

MR. KIMBERLIN: All right.

MR. KIMBERLIN: Mr.—

THE COURT: Your objection’s sustained.

Of course, TDPK was trying to paint Stacy McCain as a racist, and that’s nonsense. Furthermore, given some of the racial epithets that TDPK is on record as have said and written, it was particularly unseemly for him to be trying to tar anyone else with that brush.

Even if Stacy or I or any of our codefendants were racist, that had no bearing on whether or not what we said and wrote was true, and TDPK had to prove that our words were false. Stupid is as stupid does, and TDPK tried to bring up racism a second time.

MR. KIMBERLIN: Have you ever been identified as a member of the hate group League of the South?

THE COURT: I’m sorry, what was that, what group?

MR. OSTRONIC: Objection.

MR. KIMBERLIN: League of the South.

THE COURT: League of the South?

MR. KIMBERLIN: It’s like an offshoot of the KKK.

MR. OSTRONIC: Objection, Your Honor.

MR. KIMBERLIN: It believes in —

THE COURT: What’s that relevant to, sir?

MR. KIMBERLIN: Well he brought it up.

THE COURT: He didn’t bring up the League of the South.

MR. KIMBERLIN: Huh?

THE COURT: He didn’t bring up the League of the South.

MR. KIMBERLIN: He talked about he’s not a racist.

THE COURT: Well the fact that he brought it up without objection doesn’t make it relevant. I mean what is the jury going to do with this? We’re not here about whether anybody is a racist or not, are we?

MR. KIMBERLIN: Well no, but he’s tried —

MR. MCCAIN: You’re white by the way.

Never try to outcrazy Stacy McCain.

* * * * *

It was almost worth all the hassle of the Kimberlin v. Walker, et al. LOLsuit to be able to watch Kimberlin destroy his own case by calling Aaron Walker, Ali Alexander, Stacy McCain, and Me at his witnesses. All we had to do to discredit his imagined narrative was to tell the truth. I suppose he was so unfamiliar with the truth that it caught him off guard.

BTW, the foreman of the jury (who was black) had been rolling his eyes as he listened to Kimberlin’s line of questioning, and he chuckled at Stacy’s “You’re white by the way” comment.

Meanwhile back in 2020, it looks as if no one is buying into Kimberlin’s latest false narratives. The @itstime_2020 Twitter account hasn’t seen any new tweets for over a week, and itstie2020 dot org’s global popularity ranking is still below 14,000,000. Also, while other English language Ukrainian news sites (e.g., Unian)  have been covering the Senate report on Hunter Biden’s foreign deals, empr dot media has ignored the story.

The Truth is out there. It’s just not often found on one of Kimberlin’s websites.

Team Kimberlin Post of the Day

Today is the sixth anniversary of the failure of the Kimberlin v. Walker, et al. nusiance LOLsuit. The Dread Deadbeat Pro-Se Kimberlin had already had five of the seven counts of his complaint thrown out at the summary judgment phase of the case. The remaining defamation and false light claims died when he failed to present any evidence that my codefendants and I has said or written anything thing about him that was false. The judge stopped the trial after Kimberlin rested his case and granted a verdict in our favor.

While the trail was being held, Bill Schmalfeldt was engaged in PR tweeting on Kimberlin’s behalf. I published this post titled The Cabin Boy™ Gets One Right For A Change early in the morning six years ago today before the second day of the trial had started.

* * * * *

He pontificates thusly:rnusa201408111139ZMr. & Mrs. Stranahan, a mother in Wisconsin, a dentist in Pennsylvania, Chris Heather, Ali Akbar, Mr. & Mrs. Causey, Mr. & Mrs. Walker, Mrs. Hoge, and several others were unavailable for comment.

My comment is unprintable.

* * * * *

It took several more losses before either The Dread Deadbeat Pro-Se Kimberlin or the Cabin Boy™ began to learn they were punching beyond their reach and fighting in a class well above their intellectual weight. Indeed, I am not sure they have completely grasped the full nature of their folly yet.

Team Kimberlin Post of the Day

Six years ago, my codefendants and I in the Kimberlin v. Walker, et al. nuisance LOLsuit were in the final stages of preparation for the trial. The In Re Kimberlin v. Walker, et al. post from six years ago today provided a short history of how I came the be sued by Brett Kimberlin.

* * * * *

We go to trial on Monday. Aaron Walker, Stacy McCain, Ali Akbar and I are confident that we will be vindicated. After I return from work today, the weekend will be spent preparing for the trial. Blogging is likely to be very light for the next few days.

I got involved in all this when I became aware of Brett Kimberlin’s anti-First-Amendment activities, especially his attempt to use a peace order to unconstitutionally gag Aaron and his calls to Stacy’s wife’s employer that resulted in the McCain family moving to an undisclosed location. I stuck with the story and was able to cover the various trials and hearing in nearby courts during 2012.  By late 2012, I had become a target of Team Kimberlin as well. By 2013, I became enmeshed in the legal wrangling myself.

I’m looking forward to the trial, not because I enjoy being sued, but because it will bring closure to one part of that wrangling.

I’d like to thank all you folks who have been supportive of my codefendants and me this past year. The best way that you can support us now is with your prayers. The second best is by supporting the Bomber Sues Bloggers [Dead link. That site is no longer active. Thank you to everyone who donated.] fund. Our lawyer is pro bono, but there are other expenses incurred in our defense. The certified transcript for the 1 July hearing cost about $120. Another thing that you can all do is refrain from speculating on either side’s trial strategy. Brett Kimberlin is really quite a doofus in a courtroom. Please don’t give him any hints.

For now, I won’t be writing about this case. There’s plenty of other Team Kimberlin stuff to publish. There’ll be plenty to write about concerning Kimberlin v. Walker, et al. after the verdict.

Stay tuned.

* * * * *

After losing that first LOLsuit, The Dread Deadbeat Pro-Se Kimberlin promise us defendants “lawsuits for the rest of their lives,” and he kept that promise for several years. He hasn’t sued me since he lost the Kimberlin v. Team Themis RICO 2: Electric Boogaloo LOLsuit, but there are still open matters from those cases he brought against me. Therefore, …

I’m not done with him yet.

Team Kimberlin Post of the Day

The TKPOTD for six years ago today dealt with the meaning of words.

* * * * *

The Dread Pro-Se Kimberlin keeps using these words.BK v AW 2013-71That example is from his second amended complaint in the Kimberlin v. Walker, et al. nuisance lawsuit.

odi·ous adj. \ˈō-dē-əs\ : causing strong dislike; arousing or causing repugnance.

in·fa·mous adj. \ˈin-fə-məs\ : well known for being bad or evil.

frighten verb \ˈfrī-tən\ : to cause (someone) to become afraid.
frightened • fright·en·ing

I can understand how someone might have a strong dislike for a person who set a time bomb in the parking lot of a high school football game. Someone who was convicted of a series of high-profile bombings might be considered to have become infamous. And being frightened of such a person is a perfectly reasonable reaction.

#IfTheShoeFits

Red TwizzlersSo Thursday could be a very big day. The Gentle Reader should stock up on popcornJujubesRaisinetsJunior Mints, or  Milk Duds. And if none of those work for you, we also have Red Twizzlers available via Amazon.

Stock up. Stay Tuned.

* * * * *

The possible big day on Thursday mentioned in the post referred to the final pretrial hearing in the Kimberlin v. Walker, et al. nuisance LOLsuit scheduled for the day after the post. The results of the hearing were mixed, but generally in the defendants favor. While we wound up having to go to trial, the court denied The Dread Deadbeat Pro-Se Kimberlin’s motion for a preliminary injunction that would have shutdown our blogging about him.

Of course, by going to trial and losing, TDPK created the opportunity for even greater pointage, laughery, and mockification. Nothing proceeded as he had imagined.

Team Kimberlin Post of the Day

During the run up to the Kimberlin v. Walker, et al, nuisance LOLsuit trial, Brett Kimberlin seem particularly bothered by the reporting that Aaron Walker and I were doing on that case and the larger Kimberlin v. The Universe, et al. RICO Madness LOLsuit in federal court. He sent a letter the judge in the federal case seeking permission to file a motion for a preliminary restraining order as a gag order against us. That simply resulted in more reporting on The Dread Deadbeat Pro-Se Kimberli’s shenanigans here at Hogewash! and at other blogs. Here’s the TKPOTD from six years ago today.

* * * * *

The Dread Pro-Se Kimberlin haz sad. He says that Aaron Walker and I called him bad names. This is from his letter seeking to file a preliminary injunction in the Kimberlin v. The Universe, et al. RICO Madness.ECF 163 at 1

Terrorist? Here’s what the 6th Circuit Court of Appeals said.

Kimberlin was convicted as the so-called “Speedway Bomber,” who terrorized the city of Speedway, Indiana, by detonating a series of explosives in early September 1978. In the worst incident, Kimberlin placed one of his bombs in a gym bag, and left it in a parking lot outside Speedway High School. Carl Delong was leaving the high school football game with his wife when he attempted to pick up the bag and it exploded. The blast tore off his lower right leg and two fingers, and embedded bomb fragments in his wife’s leg.

Kimberlin v. White, 7 F.3d 527 (6th Cir. 1993)

Forger? Here are his own word from the document docketed as ECF No. 102 in the RICO Madness.ECF 102-3That’s an admission that he forged the summons he sent to Twitchy. Also, he made this admission to Judge Ryon in a Kimberlin v. Walker, et al. hearing on 9 April, 2014, concerning a Certified Mail green card for a piece of mail sent to Ali Akbar.BK v AW 2013 0409 at 22

Perjurer? It’s a matter of public record that TDPK is a convicted perjurer, and he has admitted as much in open court multiple times since May, 2014. Furthermore, he’s been caught lying recently. For example, consider these responses to my requests for admissions in the Kimberlin v. Walker, et al. nuisance lawsuit.BK v AW 2013 Admission 21Pedophile? I haven’t called Brett Kimberlin a pedophile. However, I have seen evidence that leads me to understand why someone might hold that opinion. I suppose that if he wants to push the issue, those who might have used that word will put that evidence before the court. Some of it has been sealed, but not all of it has. Also, court records can be unsealed.

RaisinetesIf popcorn or Jujubes aren’t your favorites, Hogewash! is also offering a deal on Raisinets through Amazon.

Stock up today, and stay tuned.

* * * * *

As it says on this site’s masthead: Never pick a fight with a man who buys pixels by the terabyte.

Team Kimberlin Post of the Day

I’ve never been worried that Brett Kimberlin might actually win any of the LOLsuits he filed against me. He’s never filed a complaint against me that properly pleaded all the elements of any civil cause of action. In fact, the quality of the complaints he filed seemed to deteriorate over time. Only his first LOLsuit ever made it to trial, and five of the seven claims were thrown out on summary judgment.

During that summary judgment hearing, the judge took Kimberlin to task for failing to provide us with any actual statements we had published that defamed him. I posted this excerpt from the hearing transcript in the TKPOTD six years ago today.

* * * * *

The Dread Pro-Se Kimberlin had a terrible, horrible, no good, very bad day in court on 1 July. This extract from pp. 49 and 50 of the transcript of that hearing transcript in the Kimberlin v. Walker, et al. nuisance suit captures the general flavor of that day—

THE COURT: Now — okay. So what you’re saying is judge, he hasn’t given me any of this. The motions are right because this is all we have.

MR. OSTRONIC: This is all anybody has.

THE COURT: We have a bare bone pleading —

MR. OSTRONIC: This is all you’re going to see, this is all I have, this is all he’s provided.

THE COURT: Barebones pleading and the pleadings are insufficient.

MR. OSTRONIC: Yes, your honor.

THE COURT: On the remaining counts.

MR. OSTRONIC: Yes, your honor.

MR. KIMBERLIN: And —

THE COURT: And the plaintiff is saying I haven’t given you those documents because there’s too many. That’s what I’m kind of hearing.

MR. OSTRONIC: Your honor —

THE COURT: Right, Mr. Kimberlin?

MR. KIMBERLIN: Well I filed for a protective order. And I said, number one —

THE COURT: Your brought the action, sir.

MR. KIMBERLIN: I know. I’m saying protective order for — against discovery.

THE COURT: What are you trying to protect?

MR. KIMBERLIN: Against —

THE COURT: You’re saying that this is the most outrageous thing in the world, all of these tweets daily, threaten you, saying that you’re a rapist, you’re a pedophile, you’re a perjurer, you’re this —

MR. KIMBERLIN: Yes.

THE COURT: — you’re worse than Al Capone.

MR. KIMBERLIN: Yes.

THE COURT: And yet you offer no proof of all of this defamatory documents to the defendant.

MR. KIMBERLIN: Your honor —

THE COURT: And you want him to go to trial and just have you stand up and tell the jury that you’ve gotten all those things out there, and you think that’s going to be sufficient?

popcorn4bkIt’s entirely possible that much worse days are ahead for TDPK. He has no credible evidence to support any of his claims. Meanwhile, the evidence on the other side of each of his three lawsuits is snowballing.

Stay tuned.

* * * * *

Not only did Kimberlin fail to provide us any discovery showing any examples of false statement we had made about him, he was unable to provide any such evidence to the court during the trail. After he rested his case, the judge stopped the trial and granted us defendants a verdict in our favor, because Kimberlin had failed to present evidence to the jury of any false statements we had made.

Butthurt isn’t a tort.