Team Kimberlin Post of the Day


Today is the fifth anniversary of the start of the Kimberlin v. Walker, et al. trial, the first of four LOLsuits the Dread Deadbeat Pro-Se Kimberlin lost against me. My publication of the graphic shown in the TKPOTD from six years ago today was part of the bases for his claim that I had defamed him.

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DredPedoKmbrlnHere’s how Brett Kimberlin described his musical ambitions to his biographer Mark Singer as Kimberlin was being release from prison in 1994 (Citizen K, p. 354).

I’m doing this for the money. I’m doing it for fun and creativity too, but it’s mainly for the money. It’s like vengeance. I can go out there and say things and reach a huge audience, and it’s a kind of revenge on all the people who hate me. Can you imagine if I have a number-one hit and I’m all over the radio—every time [former U. S. Attorney] Jack Thar turns on the radio, there’s Brett Kimberlin? Success is the best revenge. These people who wished me ill, who lied about me, made up these stories, turned me into this monster, will just turn green with envy. Every quote from Thar over the years has been “God! How can you believe this guy!” All this publicity I’ve gotten will now be working for me. My lyrics are very potent, and they’ll touch a lot of people. I see myself as being in the Phil Collins mold more than, say, in the Michael Jackson mold. I can’t be fake that way. I have to be real.

Uh, huh.

It may be that more and more people are beginning to see a certain similarity to Michael Jackson after all.

* * * * *

TDPK lost that LOLsuit because he presented no evidence (“Not one scintilla,” was the phrase Judge Johnson used.) that any thing I had said or written about him was false.

Team Kimberlin Post of the Day


Now that yet another move has been completed, Breitbart Unmasked Bunny Billy Boy Brett Unread has resumed posting wasting bandwidth, and “Staff Writer” has begun using the nom de cyber of “Langston Hews.” (I’ll bet that Hews’ hues are not the same as Hughes’.) BU still seems to be avoiding any further coverage of the pervalanche, especially as it as affected underage girls.

And that reminds me of the TKPOD from four years ago today.

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RICOMadnessIt seems that Neal Rauhauser has been trolling for a pro bono lawyer for a friend.@nealrauhauser201312142117Z
IANAL, but the ones I’ve talked to say that anyone with a righteous libel claim against a defendant with deep pockets should have no trouble finding a lawyer willing to represent him on a fee-contingent basis. Pro bono representation is generally provided to defendants rather than plaintiffs. Of course, those observations come from many of the same lawyers who told me that the reason they suspect that The Dread Pro-Se Kimberlin is pro se is that he can’t find a lawyer willing to risk his law license by signing court papers making the unfounded allegations Kimberlin is bringing.

* * * * *

Of course, The Dread Deadbeat Pro-Se Kimberlin failed to offer a “scintilla” of evidence that he had been defamed in his Kimberlin v. Walker, et al. LOLsuit, and all the other suits he’s brought against me have been dismissed for failure to state a claim upon which relief can be granted.

All of his other LOLsuits he’s filed during the past four years have been dismissed as well—with the exception of the Brietbart Holdings, et al. case which, as can be seen in yesterday’s TKPOTD,  appears to be headed for it’s own speeding end.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


During my afternoon coffee break yesterday, I took a look at Breitbart Unmasked Bunny Billy Boy Unread (Gentle Reader, I do that so you don’t have to) and found the item shown on the left in that site’s home page sidebar. It links to an old post about The Dread Deadbeat Pro-Se Kimberlin’s Kimberlin v. Walker, et al. nuisance LOLsuit, the first of four losing LOLsuits TDPK filed against me.

57F Osborne’s “prediction” that TDPK would file more frivolous LOLsuits did not require any special insight, but it was the only thing Bunny Boy got right about the course of his boss’ lawfare.

Nothing else proceeded as he had foreseen.

Team Kimberlin Post of the Day


While we wait to see if The Dread Deadbeat Pro-Se Kimberlin will get his paperwork sorted out in his appeal of the Kimberlin v. Frey RCIO Remnant LOLsuit and wait for news from other Team-Kimberlin-related cases, here’s a post called Another Faulty Service from four years ago that dealt with TDPK’s chronic failure to follow the rules.

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The Cabin Boy has published the Certified Mail receipt from the alleged service of the Maryland Kimberlin v. Walker, et al. lawsuit on Stacy McCain. The receipt proves that the service was not accomplished.LR201310240106ZThe explanation is simple. The Dread Pirate Kimberlin sent the mail to the wrong address.

Also, Maryland Rule 2-121 requires that service via mail be “by certified mail requesting: “Restricted Delivery — show to whom, date, address of delivery.” The Restricted Delivery box on Line 4 is not checked, so the letter carrier gave the mail to whomever would sign for it. The mail was signed for by someone named Ford, so it was not delivered to Stacy McCain.

One of the lawyers discussing Brett Kimberlin’s performance in the raft of frivolous suits he has filed against my codefendants and me used the phrase “amateur hour.”

Just so.

UPDATE—Stacy has more here.

* * * * *

I’ll add two comments.

First, Postal Service Forms 3811 (aka “green cards”) have been the bane of TDPK’s lawfare. He’s failed to use them when he should have. He’s failed to fill them out properly. But most tellingly, he’s been caught forging them.

Second, the Cabin Boy’s™ tweet is a good example of his lack of skill as an investigative reporter. He took the word and supporting “evidence” of an infamous perjurer and used it as the basis for his story. A two minute Google search (OK, maybe ten minutes for someone like Schmalfeldt.) would have shown him that Kimberlin’s green card did not meet the requirements for proof of service in the Maryland Rules.

Heh.

Team Kimberlin Post of the Day


Grumble. We’re still waiting for news in pending Team-Kimberlin-Related court cases. Four years ago today, I posted this Statement on Fund Raising related to the first Kimberlin LOLsuit, Kimberlin v. Walker, et al.

* * * * *

Brett Kimberlin is suing a group of bloggers that includes me for a million bucks because we have published truthful information and constitutionally-protected statements of opinion about him. Aaron Walker, one of the bloggers named in the suit, is a lawyer, and he is being sued for offering legal advice to Kimberlin’s victims.

Gentle Reader, can you think of any rights more important than your First Amendment right to free speech or your Sixth Amendment right to legal counsel?

Neither can I.

Kimberlin and his cronies have been engaging in lawfare for years now, and it’s time to put a stop to it. We need to defeat his bogus lawsuit because, if we don’t, there will be no end to his harassment of others. You can help us. Go to BomberSuesBloggers to learn how. [We won the LOLsuit back in 2014, so we’re no longer raising money to fund our defense.] If you decide to donate to the defense fund, you should know that I will never see one cent of the money raised. The proceeds will go to paying the substantial costs of defending the suit. Yes, I am represented by a pro bono lawyer, but there will still be filing fees, deposition costs, etc.

If you want to support this blog directly, hit my Tip Jar or use the Amazon shopping link on the Home page.

UPDATE—Stacy McCain points out that if we don’t defeat this suit, it’s possible that Kimberlin might sue you.

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As if to prove Stacy’s point about Kimberlin’s eagerness to engage in lawfare, The Dread Pro-Se Kimberlin filed his Kimberlin v. The Universe, et al. RICO Madness LOLsuit the next day after my post was published.

Team Kimberlin Post of the Day


There’s still no news about the pending Team-Kimberlin-related court cases, so here’s another recycled post. This was the Prevarication Du Jour from four years ago today. The Cabin Boy’s tweet refers to The Dread Pro-Se Kimberlin’s first LOLsuit, Kimberlin v. Walker, et al., and is an example of Schmalfeldt’s making stuff up as he goes along with no connection to Reality.

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

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

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

* * * * *

Aaron Walker, Stacy McCain, Ali Akbar, and I worked closely together and our pro bono counsel and beat Kimberlin. Five of his seven claims were thrown out on summary judgment. That meant that even if everything Kimberlin had alleged in them had been true, we were still entitled to win as a matter of law. We were granted a directed verdict on the other claims, because TDPK failed to present any evidence to support them.

Throughout the case, everything proceeded as I had foreseen, especially the Cabin Boy’s™ repeatedly making a fool of himself with his reporting on the lawsuit.

Team Kimberlin Post of the Day


While the courts have got us on Hold waiting for further news in the pending Team-Kimberlin-related court actions, here’s another recycled TKPOTD. This one’s from three years ago today.

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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 count 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.

* * * * *

Of course, The Dread Pro-Se Kimberlin lost the RICO Madness LOLsuit too. He’s lost everything he’s filed since he started tangling with Aaron Walker in 2012.

Team Kimberlin Post of the Day


We’re still waiting for news from the pending Team Kimberlin court cases, so here’s another golden oldie from three years ago. It’s a further example of The Dread Pro-Se Kimberlin’s incompetent direct examination of defendants during the Kimberlin v. Walker, et al. nuisance LOLsuit.

* * * * *

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

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

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

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

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

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

MR. HOGE: Yes, the —

MR. OSTRONIC: Objection.

THE COURT: Overruled.

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

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

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

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

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

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

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

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

* * * * *

The Gentle Reader can also shop at The Hogewash Store or use the link on the Home Page to Amazon to support this blog.

Team Kimberlin Post of the Day


Only one of the Team Kimberlin LOLsuits ever made it as far as a trial. That was the Kimberlin v. Walker, et al. nuisance LOLsuit. This TKPOTD ran three years ago today in the aftermath of that trial.

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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.

* * * * *

The defendants did not question Miss Kimberlin. We had agreed among ourselves that we would not do so—even if she could have offered probative testimony—because we did not want to compound what we believed was abuse of the young girl.

Team Kimberlin Post of the Day


Here’s another vintage TKPOTD. It ran three years ago today.

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The Dread Pro-Se Kimberlin has apparently had the record of the third degree sexual offense charges filed by his wife and that were nolle prossed by the Montgomery State’s Attorney’s Office sealed or expunged. However, before that happened, I obtained a certified copy of the charging document from the court and published it. While it can’t be used in court, it is still available on the Internet. That was straightforward reporting of a crime story. TDPK tried to spin that truthful reporting into defamation as part of his Kimberlin v. Walker, et al. nuisance lawsuit.

MR. KIMBERLIN: After those charges were nolle pros, did you take a trip down to this courthouse and get a certified copy of those charges, and post them on your Scribd account?

MR. HOGE: No. Not this courthouse. They’re not kept here.

MR. KIMBERLIN: Well, whatever courthouse?

MR. HOGE: Across the street. District Court —

MR. KIMBERLIN: But — so the charges are dismissed, you come down and get a certified copy, and post them on Scribd.

MR. HOGE: Yes.

MR. KIMBERLIN: And are those charges — do you know whether those charges were not only nolle pros, but expunged and sealed by the court?

MR. HOGE: The charges are not on the Maryland Judiciary Case Search right now, so I can’t tell you what the court may have done with them.

MR. KIMBERLIN: Well —

MR. HOGE: I can’t tell you what the court did.

It wasn’t very smart of TDPK to bring up those charges. A prosecutor entering a nolle prosequi on a charge does not mean that the accused is innocent. Here’s how, first, Judge Johnson, and, second, Stacy McCain, explained nolle prosequi at various points during the trial.

The objection was sustained to that question. How is it relevant if the State entered a nolle prosequi? All that means is that the State elected not to go forward. It doesn’t mean anything to do with the substance of the charges.

Nolle pros does not mean you were falsely accused. I’ve had traffic tickets that were nolle pros. That didn’t mean I wasn’t going 85 miles an hour.

However, it did bring up the question of why, if they were bogus charges, wasn’t his wife in court to support him by testifying that we had suborned perjury and that he had not had sex with her when she was 15—was he innocent, or did he simply get away with something? That was not a good question for him to plant in the minds of the jurors.

* * * * *

Of course, the case never got to the jury. Judge Johnson put it out of its misery when TDPK rested his case by granting judgment for the defendants under Rule 2-519 because Kimberlin had failed to present any evidence that we had made any false statements about him. Considering what we were prepared to offer in out defense, TDPK was lucky. He really didn’t want any of it in the record.

Team Kimberlin Post of the Day


For the first time in over four years, I don’t have a lawsuit or the appeal of a lawsuit from Brett Kimberlin pending against me. Kimberlin’s attempts to use lawfare to suppress the First Amendment rights of people who have written and spoken truthful things about him have been abject failures against those of us who stood up to him. Some of the victims of his lawfare settled for various reasons of their own, but taken as a whole, the phrase “Kimberlin has failed” is a good summation of his LOLsuits.

I beat him in four vexatious civil suits, three frivolous appeals, two sets of false criminal charges, and a bogus peace order petition. I was awarded sanctions in two of the lawsuits and one of the appeals, and I have instructed an attorney to begin the collection process.

The Dread Pro-Se Kimberlin still has two LOLsuits on appeal. The Kimberlin v. Hunton & Williams LLP, et al. RICO 2 Retread Appeal is at the Maryland Court of Special Appeals. (He didn’t include me in that case, perhaps having finally figured out how res judicata works in Maryland.) The Kimberlin v. Frey RICO Remnant Appeal has gone to the Court of Appeals for the Fourth Circuit. I’m not going very far out on a limb to predict that Kimberlin will lose both.

He also has one other LOLsuit in limbo in the U. S. District Court for the District of Maryland. It’s styled Kimberlin v. Breitbart Holdings, et al. The complaint is sealed, so I don’t know what TDPK’s claims are, but it’s almost a year old, and the court has still not allowed summonses to be issued to the defendants. I’m going to speculate that the case will be dismissed with prejudice sua sponte as soon as the Fourth Circuit dismisses the Frey appeal. Patrick Frey is a codefendant in the Breitbart Holdings case. If TDPK has alleged a conspiracy (as he usually does), then Patterico’s res judicata defense should also apply to his “co-conspirators.” That will mean that “Kimberlin has failed” to state a claim upon which relief can be granted.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


I’ve been reviewing the documents produced by the Kimberlins during discovery in the Hoge v. Kimberlin, et al. lawsuit. One of them is a copy of a post from Breitbart Unmasked Bunny Billy Boy Unread titled Lee Stranahan and Aaron Walker Smear A Teenager’s Family And Try To Snuff Out Her Career. The post was originally published on 29 August, 2013, just after The Dread Pro-Se Kimberlin had filed his Kimberlin v. Walker, et al. nuisance LOLsuit and just after the Montgomery County State’s Attorney had dropped the first set of false criminal charges Kimberlin filed against Aaron and me. I was not surprised to find that the post is now missing from the Interwebz. I was surprised that TDPK would consider putting it into evidence.

You see, the post contains evidence that is part of the proof that the tweets TDPK attempted to use as evidence in his 2015 peace order petition are forgeries. By offering the post in discovery, he has authenticated it.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


In the false Applications for Statement of Charges that The Dread Pro-Se Kimberlin filed against Aaron Walker and me in 2013, he stated that Tetyana Kimberlin has “a long history of mental illness,” and it appears from the transcript of one of the bench conferences during the the 2014 Kimberlin v. Walker, et al. trial that he intended to have Tetyana’s daughter testify to her mother’s alleged mental problems.

THE COURT: … but you’ve got to understand something, you are the party in this case, not your daughter. She’s not a party here.

MR. KIMBERLIN: I understand, but I need to put on, I need tho put this information on and I ask you to let me put this information on. She was listed as a witness.

THE COURT: The problem is what did she witness?

MR. KIMBERLIN: Well she witnessed the bipolar and present activity of my wife.

THE COURT: A 15-year old is not competent to testify about any bipolar —

MR. KIMBERLIN: Well she can testify —

THE COURT: That’s subject to an expert witness.

Kimberlin v. Walker, et al., Case No. 380966V, Transcript (Md. Cir.Ct Mont. Co. Aug. 12, 2104) at 48.

Of course, he wasn’t able to get away with that sort of claim when he and his wife were codefendants in the Walker v. Kimberlin, et al. trial.

MR. KIMBERLIN: Oh, the July 30th charges against you? I don’t believe that made any false statements. You know, in retrospect, I regret using the term mental illness. I’m not a doctor.

MR. WALKER: With regards to who, sir?

MR. KIMBERLIN: I’m not a doctor.

MR. WALKER: With regards to who? Who were you calling mentally ill?

MR. KIMBERLIN: My wife.

Walker v. Kimberlin, et al., Case No. 398855V, Transcript (Md. Cir.Ct. Mont. Co. Oct. 13, 2016) at 78.

[redacted]

Team Kimberlin Post of the Day


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.

Team Kimberlin Post of the Day


Here’s a quick summary of the lawsuits that Team Kimberlin has filed against me—

Kimberlin v. Walker, et al., summary judgment in my favor on 5 counts and a directed verdict in my favor on 2 counts at trial, affirmed by the Court of Special Appeals.

Kimberlin v. National Bloggers Club, et al. (I), all federal claims dismissed for failure to state a claim upon which relief can be granted.

Schmalfeldt v. Hoge, et al., voluntarily dismissed after 2 days.

Schmalfeldt v. Johnson, et al., dismissed for lack of personal jurisdiction.

Kimberlin v. Hunton & Williams LLP, et al., dismissed for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted, affirmed by the Fourth Circuit Court of Appeals.

Schmalfeldt v. Hoge, et al., dismissed for improper venue.

Kimberlin v. National Bloggers Club, et al. (II), dismissed for failure to state a claim upon which relief can be granted because of res judicata.

Scmalfeldt v. Grady, et al. (IV), service of process not yet effected.

Everything is proceeding as I have foreseen.

Meanwhile, in Hoge v. Kimberlin, et al. and Palmer v. Schmalfeldt, it’s T-minus 4 days and counting.

Team Kimberlin Post of the Day


This was posted in the comment section of yesterday’s TKPOTD—For the record, I haven’t had to spend a great deal of money (at least by my standards, YMMV) defending any of The Dread Pro-Se Kimberlin’s LOLsuits. I’ve had pro bono legal representation from Patrick Ostronic in both the state suits, and I’ve handled the federal suits pro se at the District Court level. The only significant out-of-pocket expenditures have been for transcripts and the duplicating expenses for appeals briefs in the state cases. Those expense have been more-or-less cover by generous hit on the Tip Jar. Thank you.

Meanwhile, TDPK still owes me and my lawyers (Patrick Ostronic and Aaron Walker) $1350 in unpaid sanctions.

#Deadbeat.

Team Kimberlin Post of the Day


I’ve been going over the documents that The Dread Pro-Se Kimberlin provided during discovery in the Hoge v. Kimberlin, et al. lawsuit. It looks as if he intends to try to use his defense in my lawsuit to re-litigate the Kimberlin v. Walker, et al. LOLsuit that he lost three years ago. He sued me for defamation in that case, and he lost when he couldn’t offer a “scintilla” (I’ve always enjoyed Judge Johnson’s choice of that word!) of evidence that anything my co-defendants and I said or wrote about him is false.

You’d think he’d be starting to understand res judicata by now.

Everything is proceeding as I have foreseen.

T-minus 11 days and counting.

Team Kimberlin Post of the Day


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

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

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

MR. KIMBERLIN: I object. I object.

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

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

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

MR. AKBAR: Breitbartunmasked dot com.

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

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

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

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

T-minus 8 days and counting.

Team Kimberlin Post of the Day


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.

T-minus 9 days and counting.

Team Kimberlin Post of the Day


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.

T-minus 10 days and counting.

Team Kimberlin Post of the Day


Continuing with our month-by-month reviews of the top Team Kimberlin stories of 2016, the top story for February was the Maryland Court of Special Appeals affirming the judgment in the Kimberlin v. Walker, et al. LOLsuit. Aaron Walker, Stacy McCain, Ali Akbar, and I won. The Dread Pro-Se Kimberlin lost.

Team Kimberlin Post of the Day


Many of the Gentle Readers have said there have been so many LOLsuits filed by Brett Kimberlin over the past three years that they have trouble keeping up with them. Here’s a brief summary:

Kimberlin v. Walker, et al. was filed in the Circuit Court for Montgomery County on 30 August, 2013. It alleged various nonexistent torts as well as defamation and false light invasion of privacy against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. The nonexistent torts were dismissed against Aaron, Stacy, Ali, and me on motions for summary judgment on 1 July, 2014, and we beat Kimberlin at trial on 12 August, 2014, when the judge stopped the trial with a directed verdict in our favor because Kimberlin could not show that anything we had written or said about him was false. The persons Kimberlin identified as being Kimberlin Unmasked settled the case separately. Kimberlin appealed his loss to the Maryland Court of Special Appeals, and three-judge panel of the appeals court affirmed the judgment of the Circuit Court in January of this year. Kimberlin asked the whole court to rehear his appeal, but that was denied. He petitioned the Maryland Court of Appeals for a writ of certiorari, and that was denied. He announced that he would petition the U.S. Supreme Court for a writ of certiorari, but did not file in time. This case is finally over. Kimberlin lost. There will be no “exoneration.”

Kimberlin v. National Bloggers Club, et al. (I) was filed on 15 October, 2013, in the U.S. District Court for the District of Maryland, initially against a laundry list of codefendants including me, alleging that we were a racketeering enterprise set up to defame him. My codefendants included Mandy Nagy, Simon & Schuster (the publishing company), Glenn Beck, Michelle Malkin, and Lee Stranahan. Eventually, there were two dozen defendants. A few settled with Kimberlin, but most of us were dismissed with prejudice on 17 March, 2015. One count against one defendant, a civil rights complaint against Patrick Frey is still lingering. Kimberlin filed an untimely appeal with the Fourth Circuit Court of Appeals which was summarily rejected because the case is still pending in the District Court. Kimberlin has sought to use confidential evidence obtained from Patrick Frey during discovery in other cases, and Judge Hazel has refused to modify the protective order to allow it. As a result, Kimberlin has filed a petition with the Fourth Circuit Court of Appeals asking that court to order Judge Hazel to modify the order to suit Kimberlin. The Fourth Circuit has not yet acted on that petition. Discovery has now closed in the case against Patrick Frey.

Kimberlin v. Hunton & Williams LLP, et al. (I) was filed in the U.S. District Court on 16 March, 2015, the day before Judge Hazel threw out the first RICO LOLsuit. My codefendants in this LOLsuit included Hunton & Williams (a law firm with 800 lawyers), the U.S. Chamber of Commerce, and Pacific Northwest National Laboratories. This was another RICO suit alleging a conspiracy to defame Kimberlin. It was dismissed with prejudice last March. Kimberlin has appealed to the Fourth Circuit, informal briefing is complete on the appeal, and we are waiting for the ruling.

Kimberlin v. National Bloggers Club, et al, (II) was filed on 15 April, 2015, in the Circuit Court for Montgomery County. It recycled the state law claims from the dismissed federal suit against most of the defendants. Beginning in September, 2015, the defendants were dismissed piecemeal, and most of us were dismissed with prejudice. Kimberlin is now in the process of filing an appeal with the Maryland Court of Special Appeals.

res_judicata_mugsKimberlin v. Hunton & Williams LLP, et al. (II) was filed in the Circuit Court for Montgomery County after Judge Hazel dismissed the federal case. Again, Kimberlin did not include all of the federal defendants in the state case. This time he dropped me, perhaps realizing that including me as a codefendant meant that the doctrine of res judicata might shield my codefendants as well. However, he left me in the case as a co-conspirator, so most of the defendants have been dismissed because he should have sued them when he first sued me. I expect that the remaining defendants will be dismissed before Thanksgiving.

Kimberlin v. McConnell, et al. was Kimberlin’s LOLsuit against Senators McConnell and Grassley complaining that they hadn’t moved the Merrick Garland Supreme Court nomination through the Senate and alleging that they had waived the Senate’s right to not advise and consent to the nomination. This was filed in the U.S. District Court, and Judge Hazel dismissed the case sua sponte for lack of standing on Kimberlin’s part. This has also been appealed to the Fourth Circuit Court of Appeals. I have filed a motion to intervene in Kimberlin’s appeal, citing my interest as a party in three of the cases Kimberlin alleges give him standing to appeal.

For the record, I am represented in the Maryland Court of Special Appeals by Patrick Ostronic, and I am represented in the ongoing Fourth Circuit matters by Aaron Walker. Both are assisting me pro bono.

Team Kimberlin Post of the Day


I’m still slogging through two-and-a-half days of testimony and argument that I missed while cooling my heels in the lobby outside the courtroom where the Walker v. Kimberlin, et al. case is being tried. Aaron has asked that I hold off on publishing any details until the case goes to the jury.

I will say that Aaron’s tweet—aw201610130026z—describes my reaction to some of the testimony and evidence as well. I need to go take a shower.

Meanwhile, I expect the jury to begin deliberations around noon, and I’ll post a first installment when they retire to deliberate.

Stay tuned.

Passing Some Legal Milestones


The Dread Pro-Se Kimberlin had 90 days from the denial of his petition for writ of certiorari in the Walker v. Kimberlin, et al. LOLsuit by the Maryland Court of Appeals to file an appeal with the Supreme Court. His time ran out on 23 September, so that case should be finally over.

The motions to dismiss in the Kimberlin v. Hunton & Williams LLP, et al. (II) RICO 2 Retread LOLsuit from Bill Nickless and Pacific Northwest National Laboratory were granted on 13 September, but TDPK was given leave to amend his complaint within 20 days. His time ran out yesterday, and it appears he hasn’t filed anything. Of course, I expect that TDPK will try to file an amended complaint any way. If he does, if will be interesting to see if Judge Mason strikes the late complaint before the motions hearing scheduled for mid November or if he waits for the hearing to end the case.

UPDATE—Well, what to you know? The Dread Pro-Se Kimberlin got something filed on time!420644v-di102I look forward to seeing what his amended claims are against the John Does.