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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.