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.

Team Kimberlin Post of the Day


On 1 July, 2014, five of the seven counts in the Kimberlin v. Walker, et al. nuisance LOLsuit were thrown out on summary judgment because there was either no evidence to support them or because they weren’t valid causes of action, that is, valid reasons to sue. It turns out that including claims for invalid causes of action would be a common problem with The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits. The TKPOTD for six years ago today dealt with one such defect in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit.

* * * * *

The Dread Pro-Se Kimberlin is now stuck having to prosecute his Kimberlin v. The Universe, et al. RICO Madness based on his Second Amended Complaint. The court has ruled that he gets no more do overs. That means he has to make his case using junk like this—ECF 135-189For those of us who haven’t memorized all the thousands of pages of the U. S. Code, here’s what 18 U.S.C. § 1512(k) says.

(k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

Notice that § 1512(k) doesn’t prohibit anything. It simply describes what the penalty for conspiring to commit a violation would be. So what that means is that in paragraph 189 TDPK is accusing my fellow defendants and me of … nothing at all.

Federal Rule of Civil Procedure 15(a)(3) requires that we defendants respond to an amended complaint “within 14 days after service of the amended pleading.” The Clerk of the Court posted it on PACER on 24 June. TDPK should expect a deluge of paper between now and 8 July. He will then have 14 days to reply; the second half of July might be quite busy.

popcorn4bkBTW, all of the discovery in the state Kimberlin v. Walker, et al. case is due on the 10th, and the trial for that case is set for 11 August. Yep. The second half of July could be busy.

Stay tuned.

* * * * *

In fact, that July did see a lot of legal tussle which culminated in TDPK losing the first of the four LOLsuits he filed against me during August.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


Six years ago, my codefendants and I were in the midst of the first of Brett Kimberlin’s LOLsuits against us, the Kimberlin v. Walker, et al. nuisance suit. Ali Alexander and Aaron Walker were both codefendants with me in two more cases (Kimberlin v. National Bloggers Club et al . (I) RICO Madness and Kimberlin v. National Bloggers Club, et al. (II) RICO Retread). Stacy McCain and Kimberlin Unmasked were only included in the next one. I got a completely fresh set of codefendants for the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit.

Discovery was due in that first case during May, 2014. Kimberlin’s responses to our interrogatories, requests for admissions, and requests for documents were generally unsatisfactory. The TKPOTD from six years ago today dealt with one of those inadequate responses.

* * * * *

The Dread Pro-Se Kimberlin seems to believe that he’s a super special snowflake who shouldn’t have to answer those pesky and impertinent discovery interrogatories I’ve sent his way as part of discovery in the Kimberlin v. Walker, et al. nuisance lawsuit. This is from his motion for a protective order to allow him to dodge answering.InterogPara86Here’s paragraph 86—BK v AW FAC-86

Now, let me get this straight. TDPK is suing me for a million bucks, and information that would tend to either verify or refute his allegations is irrelevant to the case.

Uh, huh.

Stock market tip: Conagra owns the Orville Redenbacher’s brand.

* * * * *

Although Kimberlin probably still doesn’t understand the irony, his response to that interrogatory was truthful in one sense. Kimberlin lost his case because he never presented any evidence to the court that we had said or written anything false about him. Because there were no facts for the jury to try, the judge granted a judgment in our favor as a matter of law.. So, yes, the facts related to paragraph 86 of Kimberlin’s complaint were “irrelevant to [his] case.”

Team Kimberlin Post of the Day


Although we had pro bono representation (Thank you, Patrick Ostronic!) in the Kimberlin v. Walker, et al. nuisance LOLsuit, my codefendants and I started an online defense fund to help pay for the incidental expense of the the case. As can be seen form a snippet of courtroom dialogue at the start of the TKPOTD from six years ago today, The Dread Deadbeat Pro-Se Kimberlin didn’t like the name we gave our fund.

* * * * *

Mr. Ostronic: Why is the fund called Bomber Sues Bloggers?

Mr. Kimberlin: Objection!

The answer to Mr. Ostronic’s question is very simple.

The defendants in the Kimberlin v. Walker, et al. are all bloggers. Here are three of us pictured together at CPAC 2014.3Defendants

Left to Right: W. J. J. Hoge (Hogewash!), Stacy McCain (The Other McCain), and Ali Akbar (@ali). Not pictured: Aaron Walker (Allergic to Bull) and Kimberlin Unmasked (@Kimberlinunmask)

The vexatious anti-First-Amendment litigant suing us is Brett Kimberlin, a convicted felon whose rap sheet includes 30+ counts of perjury, possession of marijuana for distribution, impersonating a federal officer, forgery, misuse of the Seal of the President of the United States, possession of explosives by a felon, and use of a destructive device to cause injury in interstate commerce. Those last two charges related to the his 1979 bombing spree in Speedway, Indiana, that earned him the title “Speedway Bomber.” He was paroled in 1993, but his parole was revoked in 1996, in part for failure to make restitution to the widow of a victim. He was paroled again in 2000. His sentence expires in 2030.brett-kimberlin_mugshot

TThus, the name: Bomber Sues Bloggers.

You can help Aaron, Stacy, Ali, KU, and me defend ourselves and our First Amendment rights for Brett Kimberlin’s meritless attack. Go to [dead link to a now retired domain BomberSuesBloggers] to find out how.

Oh, one more thing about Brett Kimberlin … Do you remember the federal prisoner who lied about being Dan Quayle’s dope dealer? That’s the guy,

* * * * *

While it seems to me that Brett Kimberlin feels no shame or remorse for his past acts, he does seem to understand that most people don’t approve of them. However, his attempts to hide them have been like his dope smuggling and music careers—just another failure.

Oh, and today is the fifth anniversary of the denial of Kimberlin’s appeal of the bogus peace order petition he filed against me on behalf of Tetyana Kimberlin’s elder daughter.

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.

* * * * *

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


Yesterday’s TKPOTD contained the Government’s opposition memorandum to Brett Kimberlin’s motion to vacate some of this Speedway Bombing convictions. Among the crackpot legal theories that Kimberlin asserted was the idea that he was entitled to DNA analysis of hair samples that were used in one of his trials four decades ago. However, it was Kimberlin who introduced the evidence, and he’s not entitled to a do-over for his own mistakes.

The TKPOTD from three yeas ago today dealt with another bit of evidence that The Dread Deadbeat Pro-Se Kimberlin introduced in the Kimberlin v. Walker, et al. LOLsuit that he probably wishes he’d left out.

* * * * *

For the last couple of days, I’ve been posting examples of The Dread Pro-Se Kimberlin’s incompetence structuring his arguments in court. TDPK was foolish enough to call Stacy McCain as a plaintiff’s witness in the Kimberlin v. Walker, et al. LOLsuit. During his direct examination of Stacy, TDPK tried to introduce evidence from the Southern Poverty Law Center. That resulted in the following exchange among Judge Johnson, Patrick Ostronic (the lawyer representing Aaron Walker, Stacy, and me), and Kimberlin—

THE COURT: 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.

THE COURT: Your objection’s sustained.

The Rules of Evidence are not about virtue signaling.

* * * * *

Facts and Law trump Feelings in a courtroom.

Team Kimberlin Post of the Day


One of the benefits of following The Saga of Team Kimberlin has been the friendships that I have developed with my various codefendants, some of whom I got to know before we were sued and I was simply covering the First-Amendment-related story of The Dread Deadbeat Pro-Se Kimberlin’s use of lawfare to punish people who told the truth about him. Stacy McCain is one of those friends, and the TKPOTD from four years ago today dealt with TDPK’s foolish attempts to out-crazy Stacy.

* * * * *

Back in June of 2014, Judge Hazel ordered The Dread Pro-Se Kimberlin to serve copies of the Second Amended Complaint in his Kimberlin v. The Universe, et al. RICO Madness on all the defendants. He never bothered to serve Aaron Walker, Stacy McCain, Ali Akbar, the National Bloggers Club, or me during the 120 days allowed for service.

Aaron and I have been proactively engaging with TPDK and his court filings. Stacy elected to wait until he was served with the intention of responding within the 14 day window after service. TDPK never served him, so Stacy never responded.

popcorn4bkBrett Kimberlin tired to outcrazy Stacy McCain while he had him on the witness stand during the Kimberlin v. Walker, et al. trial. He failed miserably, but he didn’t learn his lesson.

He’s now seeking a default judgment against Stacy when, as Stacy so ably put it “Plaintiff hasn’t even bothered to provide a bad forgery of such alleged service.” Federal Rule of Civil Procedure 4(m) failure to serve within 120 day is grounds for mandatory dismissal. Also, TDPK was ordered by the Court to effect service. Failure to obey that order is grounds for dismissal under Rule 41(b).

All TDPK had to do was mail Stacy a copy of the SAC.

All Stacy had to do was wait.

* * * * *

Going after Stacy was clearly more that Kimberlin could handle, and TDPK dropped Stacy as a defendant in Kimberlin v. National Bloggers Club, et al. (II), the state RICO Retread LOLsuit.

Team Kimberlin Post of the Day


One of the side effects of The Dread Deadbeat Pro-Se Kimberlin’s legal incompetence has been moments of irony as the TKPOTD from six years ago noted.

* * * * *

RICOMadnessWhile reviewing transcripts and recordings of The Dread Pro-Se Kimberlin’s courtroom appearances over the past couple of years, I ran into one particularly ironic exchange. The Gentle Reader may remember that Brett Kimberlin was busted as a juvenile for dealing cocaine. His first jail time was as a result of a perjury conviction for lying to a grand jury about dealing LSD. His first multi-year sentence was for smuggling marijuana. So imagine my amusement when I listened to him try to impeach a witness by suggesting that the witness smoked dope.

You just can’t make stuff like this up.

* * * * *

I could make this stuff up on my own.

Team Kimberlin Post of the Day


Yesterday’s TKPOTD dealt with one the more amusing incidents during the Kimberlin v. Walker, et al. nuisance LOLsuit. I noted in that post that the trial judge bent over backwards to treat Kimberlin fairly. However, The Dread Deadbeat Pro-Se Kimberlin finally pushed too far when he put his wife’s elder daughter on the stand. The TKPOTD from five years ago reports what happened. I was not amused.

* * * * *

Brett Kimberlin is not a good listener. This exchange is from one of the bench conferences during the Kimberlin v. Walker, et al. nuisance lawsuit. Judge Johnson was trying to explain to The Dread Pro-Se Kimberlin about hearsay testimony from the Kimberlin daughter about things she did not witness.

THE COURT: — assume all of that is true, what does this 15-year old have to do with that?

MR. KIMBERLIN: Because she was harmed. She’s been harmed. She’s been run out of two schools and —

THE COURT: She’s not a party.

MR. KIMBERLIN: And they have defamed her. They have —

THE COURT: She’s not a party.

MR. KIMBERLIN: I know, but they have gone on her, she’s a very accomplished musician. They have gone on her websites. They have attacked reporters —

THE COURT: I don’t disagree with any of that, but she is not a party.

MR. KIMBERLIN: It’s not that she’s a party. They are using the pedophilia against me, against her and they’re doing it to harm me.

THE COURT: Sir, but you’ve got to understand something. We have rules here. You can’t just bring people in to just testify when they A, they didn’t witness anything that they’re competent to testify about and B, she is not a party to this lawsuit.

Judge Johnson seemed to care more for Miss Kimberlin that TDPK did.

THE COURT: But see what I’m trying to avoid is having this little girl come up here, objection sustained, objection sustained, objection sustained. And then having, putting her through that and having nothing really come of it. She can testify to —

TDPK put her on the stand any way, resulting in the following objections to questions or testimony that were not allowed by the rules of evidence.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: To him leading the witness, sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE WITNESS: And I know —
THE COURT: Objection is sustained.

MR. OSTRONIC: Objection.
THE COURT: Overruled.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained. Counsel, sir, stop leading the witness.

MR. OSTRONIC: Objection, Your Honor.
THE COURT: Come up here.
[Bench Conference]
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: Has your mom ever done anything hurtful to you? Sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection, Your Honor.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
MR. KIMBERLIN: By these defendants?
MR. OSTRONIC: Objection.
THE COURT: I will sustain the objection in that this young lady is not a party to this case. She did not sue these men. Or you didn’t sue them in her name which would have to be the case. If a minor child is bringing the case it would have to be brought by her Next Best Friend who is generally the parent. She is not a party in this case.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
MR. KIMBERLIN: — to have sleepovers —
MR. OSTRONIC: Objection.
MR. KIMBERLIN: — or come to the house or be around you —
THE COURT: Sustained.
MR. KIMBERLIN: — because of —
THE COURT: Absolutely hearsay.

MR. OSTRONIC: Objection.
THE COURT: She can answer, overruled.

MR. OSTRONIC: Objection.
THE COURT: Hold on, anything else? No, you don’t just get to keep going. You have to ask another question.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained. Sir, you’re going way off base.

MR. OSTRONIC: Objection.
THE COURT: You need to do whatever you need to do with admissible evidence pursuant to the rules of evidence and to the law. And I’ve allowed you some, I’ve given you a long leash.
MR. KIMBERLIN: You have and I appreciate it.
THE COURT: And let you run pretty far out there. But I’m now pulling you back in.

MR. OSTRONIC: Objection.
THE COURT: Sustained.
MR. KIMBERLIN: Is it affecting —
THE COURT: Sustained.
MR. KIMBERLIN: No further questions.

I cannot find the words to adequately express my disgust with someone who would needlessly inflict that on a child.

* * * * *

It’s been over five years since that trial, and my disgust and anger over what Brett Kimberlin did to that young girl has not abated one bit.

Team Kimberlin Post of the Day


Only one of the failed LOLsuits that Brett Kimberlin filed against me made it to trial. While it was a pain in the neck (or a couple of feet lower) to have to take the Kimberlin v. Walker, et al. nuisance suit to court, there were some lighter moments in the process. The TKPOTD for five years ago today dealt with one amusing moment during that trial.

* * * * *

judge_johnsonDuring the preliminary matters of the Kimberlin v. Walker, et al. trial, there was an extended discussion of The Dread Pro-Se Kimberlin’s criminal past that might have bearing on the case. Near the end of the first day’s session, Judge Johnson brought up the topic of jury instructions.

THE COURT: Now, there are no non-pattern jury instructions, are there?

MR. OSTRONIC: Not from the defense side, Your Honor.

MR. KIMBERLIN: Not that I know of.

THE COURT: They’re normal Maryland civil pattern jury instructions.

MR. KIMBERLIN: And we listed those I believe in our pre-trial.

THE COURT: You did list them in your pre-trial statements. Is there any other ticking time bomb — well, that’s a wrong metaphor. Are there any issues laying out there that are going to come up that you can envision?

MR. KIMBERLIN: I don’t think so.

THE COURT: Sometimes we have to be very careful in our selection of metaphors. I always call counsel to task when they tell me about black sheep in the family. I like black sheep. All right.

I hate to disagree with a judge who ruled in my favor, but I thought his metaphor was quite appropriate.

* * * * *

I was sitting next to my codefendant Stacy McCain just behind the defense table. (There were too many defendants for all of us to sit there.) We both had trouble keeping ourselves from laughing. It was at that moment that I figured out that Judge Johnson, who had previous experience with The Dread Deadbeat Pro-Se Kimberlin, understood who he was dealing with. Reading the transcripts of the bench conferences that occurred during the trial (I wasn’t able to hear them as they happened), it’s clear that the judge bent over backwards to treat Kimberlin fairly, but Kimberlin’s pigheadedness about how he wanted to present his case led to his loss and our win.

The trial was more of a fizzle than an earth-shattering kaboom.

Team Kimberlin Post of the Day


Six years ago today, I ran this post, In Re Kimberlin v. Walker, et al.

* * * * *

Convicted perjurer, drug smuggler, and bomber Brett Kimberlin has filed a Maryland lawsuit naming bloggers Aaron Walker, W. J. J. Hoge, and Robert Stacy McCain; National Bloggers Club President Ali A. Akbar; and the anonymous blogger Kimberlin Unmasked as defendants.

The defendants believe that the suit is without merit and is part of Kimberlin’s continued effort to use lawfare to silence journalists and bloggers who have written truthfully about Kimberlin’s criminal past and recent conduct. The defendants will not make any further comments until they have finished initial consultations their respective legal counsel.

UPDATE—Stacy McCain’s statement is here.

UPDATE 2—Kimberlin Unmasked’s statement is here. [Broken link]

* * * * *

The Dread Deadbeat Pro-Se Kimberlin made countless errors during his ill-fated attempts at pro se litigation. His worst mistake was suing me.

Team Kimberlin Post of the Day


Five years ago, The Saga of Team Kimberlin had taken a decisive turn away from The Dread Deadbeat Pro-Se Kimberlin’s version of the narrative after his loss in the Kimberlin v. Walker, et al. trial. That was the first of many LOLsuit he would lose over the next couple of years. The TKPOTD from five years ago today dealt with TDPK’s futile attempt to get a preliminary injunction against several of my codefendants and me in the RICO Madness LOLsuit.

* * * * *

The Dread Pro-Se Kimberlin is so disturbed and so desperately injured by the terrible things that Aaron Walker, Stacy McCain, Ali Akbar, Lynn Thomas, and I are publishing about him that he has gone on vacation to Hawaii when his motion for a preliminary injunction against us in the Kimberlin v. The Universe, et al. RICO Madness is due to Judge Hazel on the 28th.

The judge has imposed some specific limits on what TDPK can file.

First, Plaintiff’s motion must be limited to the specific defendants identified in his request i.e., defendants Walker, Hoge, McCain, Thomas, and Akbar. …

 

Second, Plaintiff’s motion must be limited to specific conduct that has occurred since the filing of his SAC on June 24, 2014 and must describe with sufficient detail the exact harm caused by each specific defendant and the irreparable harm sought to be prevented by way of immediate injunctive relief.

 

Third, Plaintiff’s motion and accompanying memorandum may not exceed fifteen (15) pages, double spaced. See ECF No. 97 at 3. Plaintiff must file his motion by August 28, 2014. …

 

Fourth, Plaintiff’s motion must strictly comply with the requirements of Fed. R. Civ. P. 11, including the requirements for signatures and other identifying information contained in Rule 11(a), as well as the requirements of 11(b). Failure to comply with Rule 11(b) could result in sanctions issued by the Court sua sponte. See Fed. R. Civ. P. 11(c)(3).

Perhaps, TDPK has figured out that he can’t come up with anything that can be filed within those limitations. We’ll see. Meanwhile, Judge Hazel noted when TDPK asked for more time to file his motion that

[a] preliminary injunction is either needed or it is not. If a preliminary injunction is needed, as Plaintiff contends …, it ought to be pursued with the degree of diligence and urgency for which it was intended to serve i.e. the prevention of irreparable harm. Because Plaintiff’s proposed “wait-and-see” approach is antithetical to that purpose, the Court DENIES Plaintiff’s Request. Plaintiff must file his Motion for Preliminary Injunction no later than August 28, 2014 and in strict accordance with the requirements set forth in the Court’s July 28, 2014 Letter Order, or notify the Court that he is withdrawing his request for leave to file the motion.

Stay tuned.

* * * * *

I suppose that Kimberlin would have found a way to file his motion for a preliminary injunction if he had wanted it badly enough. I didn’t think he would file, and everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


This TKPOTD was published five years ago today as part of the wrap-up coverage of the Kimberlin v. Walker, et al. LOLsuit. It fairly well demonstrates that one the real purpose of that LOLsuit was a fishing expedition seeking information related to a principal source of The Dread Deadbeat Pro-Se Kimberlin’s butthurt.

* * * * *

The Dread Pro-Se Kimberlin kept whining that he had provided my codefendants and me with “thousands of paged of documents” and that we had given a copy of just one email during discovery in the Kimberlin v. Walker, et al. nuisance lawsuit.

That’s true. He did get only one email, and I’m the one who gave it to him as part of my answer to Plaintiff’s Interrogatory 3.

What I gave him was an email that I had sent to Kimberlin Unmasked that wasn’t covered by codefendant privilege. It was an answer to a question about a recently passed Maryland gun law. TDPK got everything that he asked for that he was entitled to receive. He was very foolish in his choice of questions.

popcorn4bkHe was clearly focused on finding KU’s identity and showed no real interest in developing any sort of case against me. If Brett Kimberlin is lucky, Judge Hazel will throw out the Kimberlin v. The Universe, et al. RICO Madness on the motions to dismiss. Otherwise, he’ll be facing discovery conducted by each of the two dozen defendants.

#StupidIsAsStupidDoes

* * * * *

Meanwhile, it’s been months since The Dread Deadbeat Publisher Kimberlin has posted anything new at Breitbart Unmasked Bunny Billy Boy Unread, but a certain cockroach still seems to be active on the web.

Failing failures gotta fail.

Team Kimberlin Post of the Day


Yesterday’s TKPOTD dealt with how The Dread Deadbeat Pro-Se Kimberlin’s initial losses in his LOLsuit set up later one for dismissal under the legal doctrine of res judicata. The TKPOTD from five years ago today celebrates Res Judicata.

* * * * *

While Stacy McCain is contemplating a Res Judicata tattoo [partially broken link caused by Twitter suspending the @rsmccain account], those of you looking for a less personal comment should stop by The Hogewash Store and check out the selection of Res Judicata, The Grand Hog, Johnny Atsign, and Team Lickspittle merchandise.res_judicata_stuffMy Res Judicata travel mug full of coffee helped keep me awake during the drives from Westminster to Rockville last Monday and Tuesday.

* * * * *

IMHO, the Cafe Press model looks so much nicer in a Res Judicata t-shirt than she does in a Team Kimberlin nightie.

Team Kimberlin Post of the Day


Two years ago today, The TKPOTD was about some of the most stupid questions The Dread Deadbeat Pro-Se Kimberlin ever asked a witness during a trial or hearing.

* * * * *

I’ve been reviewing transcripts from a wide range of hearings and trials in LOLsuits and peace order petitions filed by The Dread Pro-Se Kimberlin. Yesterday afternoon, I was going over the Kimberlin v. Walker, et al. trial. The second day contains a couple of my favorite moments of Brett Kimberlin as The World’s Worst Pro Se Litigant™. (That trademark belongs to Stacy McCain; I should hit his tip jar as a royalty payment.) My very favorite has to be TDPK’s attempt to examine Stacy, and the episode is real proof that one should never try to outcrazy Stacy McCain.

While it wasn’t as entertaining, Kimberlin’s biggest tactical blunder occurred while he was examining Aaron Walker.

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

MR. WALKER: Un-huh

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

And Aaron spent the next several minutes explaining why.

Pro Se Tip—Never ask a question unless you know the answer and that it will help your case.

* * * * *

I was sitting next to Stacy McCain during this portion of the trial, and we were both having a difficult time trying not to burst out laughing at the defense table.

Team Kimberlin Post of the Day


Early July has been a continuing rough spot for The Dread Deadbeat Pro-Se Kimberlin’s lawfare campaigns. In 2012, his second bogus peace order against Aaron Walker was overturned. In 2013, his petition for a protective order against his wife failed. In 2014, five of the seven counts in the Kimberlin v. Walker, et al. nuisance LOLsuit were dismissed on summary judgment. In 2015, the portion of his Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit dealing with me finally died on appeal. The TKPOTD from four years ago today was about the death of Brett Kimberlin’s RICO Madness LOLsuit.

* * * * *

This puts a formal end to The Dread Pro-Se Kimberlin’s appeal of the dismissal of the RICO and Ku Klux Klan Act claims in the Kimberlin v. The Universe, et al. RICO Madness.

Good riddance.

* * * * *

The Gentle Reader who has followed The Saga of Team Kimberlin through the years may have noticed that, with rare exceptions, everything has proceeded as I have foreseen.

Team Kimberlin Post of the Day


During the early stages of The Dread Deadbeat Pro-Se Kimberlin’s campaign of lawfare against people who wrote truthfully about him and his activities, he was allowed to present testimony, but that came to a screeching halt during the appeal hearing for the peace order I sought against him in 2013. My lawyer informed the court of TDPK’s perjury conviction, and at that time, Maryland was the last state that still barred perjurers from testifying in court. Judge Stansfield did not allow him to testify at that hearing.

Kimberlin didn’t try to testify during the Kimberlin v. Walker, et al. trial in 2014, but he did try to testify during the hearings related to the bogus peace order petition he filed against me in 2015. Neither Judge Williams nor Judge Creighton allowed him to testify. Of course, he lost both the lawsuit and the peace order petition.

During the 2016 session of the Maryland legislature, the state senator from Kimberlin’s district submitted a bill to repeal the ban on testimony by perjurers. It passed. The TKPOTD from three years ago was about that change in the law.

* * * * *

Effective 1 October, Maryland’s ban on testimony from convicted perjurers will be repealed, and the Cabin Boy™ is celebrating.MU201606240005ZWorse news for The Dread Pro-Se Kimberlin. This means that he can be called as a witness. Better still, it means he can be cross examined if he testifies on his own behalf.

Heh.

UPDATE—The bill leading to the new law was introduced by the State Senator who represents the district where Kimberlin lives. I was aware of the bill and did not bother to lobby against it because the change will allow TDPK’s testimony to be compelled in a civil suit. (Of course, he still has a Fifth Amendment right against self-incrimination, but invoking that in front of a jury …)

TDPK was aware of the change in the law when he moved to have the trial in the Walker v. Kimberlin, et al. lawsuit rescheduled to a date before 1 October. Apparently, short-circuiting discovery in that case was more important to him that being able to testify in his own defense.

Hmmmmm.

* * * * *

As a general rule in Maryland, convictions that are over 15 years old can’t be used to impeach the credibility of a witness. However, one of the exceptions to that rule is a conviction for perjury. So the net result of the change in the law is that Kimberlin can now be forced to either testify or invoke the Fifth Amendment—and the court still can be made aware that he’s a convicted liar. He’s had a couple of turns on the witness stand under the new rule, and that may be partially responsible for his apparent lack of enthusiasm for LOLsuits.

Not much has proceeded as he had imagined.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me for a laundry list of butthurt items and the torts of defamation and false light invasion of privacy. (That was the Kimberlin v. Walker, et al. LOLsuit.) The butthurt issues were thrown out on summary judgment, and we went to trial on the defamation and false light counts. I don’t think that Kimberlin ever expected to win at trial. I believe that he wanted to use the discovery process to dig up dirt on us and other folks he considered to be his enemies. He got a nasty surprise when he received the discovery requests that Aaron, Stacy, Ali, and I sent, and he tried to wriggle out of discovery by seeking a protective order. The post titled #BrettKimberlin Takes the Fifth from five years ago today dealt with discovery in that case.

* * * * *

The Dread Pro-Se Kimberlin has invoked his Fifth Amendment privilege against self-incrimination rather than properly respond to some of the interrogatories or requests for production of documents from the defendants in his vexatious Kimberlin v. Walker, et al. lawsuit. He is attempting to invoke other privileges as well.

More later.

UPDATE—Here are my responses to the interrogatories from TDPK:

* * * * *

The gist of Kimberlin’s objections to our interrogatories was that we were seeking any evidence he had to support his allegations. He asserted that such information wasn’t germane to the case—and it turned out he was right in a way. When the case came to trial, we defendants received what amounted to a directed verdict in our favor because Kimberlin had failed to produce any such evidence in court.

He also was sanction $600 for his shenanigans during discovery in that case. He’s never paid, thus transforming himself from Dread to Deadbeat.

I’m not done with him yet.

Team Kimberlin Post of the Day


I believe I’ve mentioned in the past that Brett Kimberlin is a liar. In fact, as a check my notes, I see that I brought that up in the TKPOTD for five years ago today.

* * * * *

Here’s a real gem from a pleading The Dread Pro-Se Kimberlin filed in the Kimberlin v. The Universe, et al. RICO Madness called “Plaintiff’s Response to Defendant Hoge’s Two Latest Filings.”ECF 49-1Well, duh! Given that one of the recurring features of this blog is called Team Kimberlin Post of the Day, nay a day does go by that I don’t write something about the malfeasance of Brett Kimberlin or one of his associates. The problem with TDPK’s allegation is that I accuse him of things that he as actually done.

For example, he’s a perjurer. He was convicted of that crime when he was a teenager, and his recent lies are well documented. He testified during the damages hearing in his lawsuit against Seth Allen that he had never had his parole revoked. He’s a forger. He’s admitted to forging the summons sent to Twitchy in the RICO Madness. He’s admitted to altering at least one Certified Mail green card related to service of process in the state Kimberlin v. Walker, et al. nuisance suit. There’s documentary evidence that he’s altered several more.

He’s a liar. And not a very good or very smart one.

* * * * *

The mockery continues.

Team Kimberlin Post of the Day


Only one of The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits against me ever made it to trial. The TKPOTD for two years ago today dealt with one of my favorite moments of that trial.

One of the rules for questioning a witness is to never ask a question that you don’t already know the answer to. Another is don’t ask question that help the other side. Yet another is don’t ask questions that hurt your side. TDPK hit a trifecta.

* * * * *

Yesterday, a commenter alluded to this bit of incompetent litigation by The Dread Pro-Se Kimberlin that occurred during the Kimberlin v. Walker, et al. LOLsuit trial.

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.

And Aaron proceeded to spend most of the next 15 minutes or so outlining for the jury what his reasons were to believe that Brett Kimberlin was a pedophile.

Of course, TDPK’s stupid mistake didn’t really wind up affecting the jury’s deliberations; they never got the case. Judge Johnson granted a directed verdict for the defendants after TDPK rested his case because he never presented a “scintilla” (the judge’s word) of evidence that Aaron Walker, Stacy McCain, Ali Akbar, or I had defamed him.

* * * * *

Sometimes things proceed even better than I have foreseen.

Team Kimberlin Post of the Day


Here’s the TKPOTD from five years ago today. I’ve got some further comments about The Dread Deadbeat Pro-Se Kimberlin’s absurd stalking claim further below.

* * * * *

This is from paragraph 30 of The Dread Pro-Se Kimberlin’s frivolous Kimberlin v. Walker, et al. lawsuit that he’s filed in the Circuit Court for Montgomery County, Maryland.BK v AW AmendCompl 30

Brett Kimberlin is a public figure, and any court case involving him is a legitimate news story. A blogger’s attendance at an open court hearing in order to cover such a story is protected by the freedom of the press clause of First Amendment. Furthermore, in order to stalk someone in Maryland … oh, I’ll let the statute explain itself …

Md. CRIMINAL LAW Code Ann. § 3-802

(a) “Stalking” defined. — In this section, “stalking” means a malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:
(1) (i) of serious bodily injury;
(ii) of an assault in any degree;
(iii) of rape or sexual offense as defined by §§ 3-303 through 3-308 of this title or attempted rape or sexual offense in any degree;
(iv) of false imprisonment; or
(v) of death; or
(2) that a third person likely will suffer any of the acts listed in item (1) of this subsection.

(b) Applicability. — The provisions of this section do not apply to conduct that is:(1) performed to ensure compliance with a court order;
(2) performed to carry out a specific lawful commercial purpose; or
(3) authorized, required, or protected by local, State, or federal law.

So what TDPK is alleging is that my being in the same courthouse as he was, surrounded by bailiffs, deputy sheriffs, county police, and state troopers, put him in fear of serious bodily injury, assault, rape, false imprisonment, or death—or made him fear for some third party’s safety. I don’t know about you, but it seems to me that only a compulsive liar could say that with a straight face.

But let’s pretend that he really was frightened by my being at the courthouse. As the judges have told him, I had a right under state law to be present at open court hearings. There is also the protection offered by First Amendment, but Brett Kimberlin has shown over and over again that his is no friend of the freedoms of speech or of the press.

* * * * *

For some reason, the judge who presided at the hearing on motions to dismiss the Kimberlin v. Walker, et al. LOLsuit failed to dismiss the stalking count. She should have because stalking isn’t a cause of action for a civil suit in Maryland. Indeed, stalking not being a tort was the ground that the judge who presided at the hearing on motions for summary judgment threw out the claim at that point.

Shining the light on certain vermin will usually make them scurry away into hiding. Not all of them can make to cover, and some of the ones who can’t will try to extraordinary means to punish those who tell the truth.